Walter Echo-Hawk Jr signs copies of his book, “In the Courts of the Conqueror - The ten worst Indian law cases ever decided,” Sept. 21 in Oklahoma City. NATIVE TIMES PHOTO BY DANA ATTOCKNIEOKLAHOMA CITY – Fairness is expected. Yet, sometimes it has to be fought for.
“Most American’s equate justice with our legal system. As American’s we reasonably expect justice. We do expect fairness and in an impartial forum … designed to find the truth of the matter.

Unfortunately, that’s not always the case,” Walter Echo-Hawk Jr said, citing the justice system is a manmade institution.  “Historically, the law has really been a double-edged sword.”
In his new book titled, “In the Courts of the Conqueror-The ten worst Indian law cases ever decided,” Echo-Hawk, Pawnee, dissects Indian law cases that created a resounding negative impact on American Indians and Indian country. Although he said in its finest hour, the legal system does embody justice; he walks readers through ten controversial Indian law cases that have never been overturned.
The ten court cases are: Johnson v. M’Intosh, Cherokee Nation v. Georgia, Connors v. United States & Cheyenne Indians, Lone Wolf v. Hitchcock, United States v. Sandoval, In re Adoption of John Doe v. Heim, Wana the Bear v. Community Construction, Employment Division v. Smith, Lyng v. Northwest Indian Cemetery Association and Tee-Hit-Ton Indians v. United States.
A book signing was held Sept. 21 at the Oklahoma Heritage Association Museum in Oklahoma City.  As Echo-Hawk provided a synopsis of each case, his son, Walter (Bunky) Echo-Hawk III, painted a portrait of a “warrior nerd” using his father’s words for inspiration.
“My father was a huge influence on me,” Echo-Hawk III said.
Pauline Echo-Hawk said it’s inspiring to see her husband and son collaborating. She helped her husband with book signings after his presentation.
The book, which features illustrations from Echo-Hawk III, also looks at the U.S. Supreme Court decisions under Chief Justices William H. Rehnquist and John G. Roberts Jr.
Echo-Hawk states, “The Rehnquist Court ruled against Indian tribes in 88 percent of the cases. The Roberts Court appears to be following in the same tragic footsteps.”
The book title itself comes from Chief Justice John Marshall who gloomily portrayed the judicial system in America as “The Courts of the Conqueror.”
“In writing this book my methodology was to pick ten cases and study them,” Echo-Hawk said, adding that the use/notion of race was very much embedded in these opinions. “I think the notion of colonialism is found very evident in the Lone Wolf decision.”
The Lone Wolf case centers on the forced allotment of Kiowa, Comanche, and Apache land. A Kiowa chief named Lone Wolf and others fought against having their land taken, carved up, and distributed via a lottery drawing. In 1901, a suit was filed by Lone Wolf, who put his faith in the Medicine Lodge Treaty. However, on Jan. 5, 1903 the Supreme Court made its decision and introduced the plenary power doctrine, which states congress has the supreme power over Indians and their land since congress has guardianship over them.
Echo-Hawk said it’s time to soften the harsh edge of manifest destiny and reform the dark side of federal Indian law once and for all. One goal would be to strengthen the law so it comports with the United Nations minimum standards, he said.
“I’m very optimistic that federal Indian law can be reformed,” Echo-Hawk said, before listing five reasons why Indian law can be strengthened.
His reasons are: 1) Americans are fundamentally fair people. 2) Tribes are poised to vigorously protect their rights. 3) There is increased prosperity as a result of economic development -justice costs money. 4) Human resources. There were only a handful of Native American attorney’s when he graduated, now the numbers are increasing. 5) There are larger social changes going on and Indians have a foot in the land.
“When there is a miscarriage of justice the easiest solution is to deny that injustice exists,” Echo-Hawk said, also mentioning how people have bowed down or been a hostage to the prevailing politics of the day.

Reading from his book, Echo-Hawk said, “When a miscarriage happens, we must pause and soberly diagnose the cause. The outbreak of injustice dampens the human condition. Its spread across the land places our highest ideals beyond reach. Against that evil, the impulse to resist life under unjust laws is strong. It is seen in the traditions of Thoreau, the wisdom of Gandhi, the words of Martin Luther King Jr and the litigation of Thurgood Marshall. They followed Saint Augustine’s maxim that ‘an unjust law is no law at all.’”
Echo-Hawk works of-counsel for the Crowe & Dunlevy law firm of Oklahoma and served as a Native American Rights Fund staff attorney for 35 years. He was worked on legislation for religious freedom and the Native American Graves Protection and Repatriation Act.
“I was elated to hear (Echo-Hawk’s) wonderful orations,” audience member Patsy Cooper said. “What an outstanding speech that was. It brought awareness of past adverse Native court proceedings and what the future vision holds for our Native people in the legal realm … I look forward to reading his book and I was totally amazed at the painting created by Bunky (Echo-Hawk III) while his father gave his speech.”
The book, which took Echo-Hawk four years to write, can be ordered online at http://www.fulcrum-books.com/productdetails.cfm?PC=6071 or call Fulcrum Publishing at (800) 992-2908 to find a local bookseller or retailer.