Sky ride opening nears despite concerns over burial ground May 24, 2007 KTEN, TX
But the platform for the ride is built on a burial ground of the Sac and Fox Nation and the tribe wants to keep the ride closed Add today’s Date here: Add the Name & Address of each recipient here: Dear ___________: I am writing this letter in regards to the State of Missouri Unmarked Human Burial Sites Statute (194.410 et seq) enacted to protect burial sites on both public and private lands. At present ongoing violations to this law have been allowed in Clarksville, Missouri where a sky ride has been built into a Sac and Fox burial mound. The Sac and Fox Nation of Oklahoma claims as part of their historic homelands northeast Missouri and northern Illinois, where they lived for over a century beside the Mississippi River. Part of the burial practice was to bury their people in mounds on bluffs, such as those found in Clarksville, Missouri. The Sac and Fox people did not willingly leave their home and graves behind but were forced away by the American government with an ultimate consequence being that their graves were left without protection. We have been informed that at no time has the Sac and Fox Nation of Oklahoma, the Sac and Fox Nation of the Missouri in Kansas, and the Sac and Fox Tribe of the Mississippi in Iowa been contacted by the Clarksville City Council and/or McMurtrey regarding this burial site, nor will the Sac and Fox ever agree to or condone any activity that disturbs or desecrates the graves of their ancestors. The Sac and Fox are still fighting to protect their burial site and continue to this day, to remind state and local agencies of their responsibilities to uphold the law, as I am also reminding you to do the same, through this letter. The fate of unprotected graves is exhibited clearly in Clarksville. The construction of the original sky lift uncovered burials, which, instead of receiving the respect that is their due, were made a tourist attraction with the addition of a walkway and displaying the exposed burials through plexiglass. Since then, both the United States and the State of Missouri enacted laws for the protection of burial sites. The federal law, the Native American Graves Protection and Repatriation Act (NAGPRA), provides for the protection of Native American burials and human remains on tribal and federal land. Human remains on private or public land in Missouri are now protected by Chapter 194, “Death – Disposition of Dead Bodies”, Section 194.410, subsection 1 of the Missouri Revised Statutes, which states: Human burial sites—knowingly disturb, penalty—appropriation for sale, penalty. 194.410. 1. Any person, corporation, partnership, proprietorship, or organization who knowingly disturbs, vandalizes, or damages a marked or unmarked human burial site commits a Class D felony. (L. 1987 S.B. 24 § 7, A.L. 1990 H.B. 1079, A.L. 1996 S.B. 834) Furthermore, Section 194.405, Chapter 194 of the Missouri Revised Statutes defines the scope of law as to where protection is applicable: Scope of law. 194.405. When an unmarked human burial or human skeletal remains are encountered during archaeological excavation, construction, or other ground disturbing activities, whether found on or in any private lands or waters or on or in any lands or waters owned by the State of Missouri or its political subdivisions, agencies, or instrumentalities, the provisions of sections 194.400 to 194.410 shall apply. (L. 1987 S.B. 24 § 2) I herby request that you take action immediately, based on events outlined as follows: 1. William McMurtrey has constructed a sky ride over the burial site. This is in violation of the State of Missouri Human Burial Sites Statute, which clearly states in Section 194.410 of Paragraph 1, “Any person, corporation, partnership, proprietorship, or organization who knowingly disturbs, vandalizes, or damages a marked or unmarked human burial site commits a Class D felony.” 2. McMurtrey has been informed of this law on several occasions. 3. In a letter dated December 29, 2004 to then Mayor of Clarksville Bertha May Taylor, Assistant Attorney General Shelley Woods explained that activity on the mound is in violation of the State of Missouri Unmarked Human Burial Sites Statute. 4. Pike County prosecutor Paul Williams filed charges of violation to the burial protection law against McMurtrey on February 11, 2005. Judge David Ash ordered the case to trial but in September 2005 Williams inexplicably dismissed the charges. Williams promised but never delivered to me a written statement about his decision. 5. After Williams failed to implement the law of the State of Missouri Sac and Fox Nation representatives wrote to Nixon under date of December 29, 2005 to request that he uphold the law and file charges against McMurtrey as well as those who aided and abetted him in the violation of the state statute: Joanne Smiley, John Harmon, Gary Rice, Mike Russell, and Ken Russell, the Clarksville City Council. 6. When there was no response or acknowledgement of receipt of letter dated December 29, 2005 to the Attorney General’s office. Another letter with the same request under date of January 30, 2006 was also sent. 7. In February 2006 a fire occurred at the site in contention. As evidenced in the newspaper article, that appeared in the February 11, 2006 Hannibal Courier-Post. McMurtrey is not only aware of the illegal activity but, with his intent to open the sky ride and his claims that he owns the hill, is the root cause of it. The State of Missouri Unmarked Human Burial Sites Statute clearly defines what constitutes a violation to the law. The activity on the hill in Clarksville is an obvious violation. The State of Missouri Attorney General is allowing the violation to the law of the State of Missouri despite taking an oath of office to uphold the laws of the state. My hope is that you in your elected position believe in the laws enacted by the people of Missouri whom you represent. Sincerely, Please put your full legal name and full mailing address here. Do not use just a first name or a screen name. cc: Jo Anne Smiley, MayorLast updated on June 03, 2007