Posted on 10/31/2025 1:45:41 PM PDT by DFG
A Native American tribe seized a Minnesota pilot's plane after he made an emergency landing on their land, citing a decades–old law the tribe claimed gave them control of the aircraft.
Darrin Smedsmo was flying over the Red Lake Indian Reservation when his single–engine Stinson airplane suddenly stopped working mid–air.
With less than three minutes until disaster, the experienced pilot was forced to land on a paved state road below.
Moments later, Smedsmo's plane was confiscated by tribal police, who claimed he did not have the authority to fly it over their reservation.
If he wants his plane back, he will have to suffer through a tribal trial – starting November 3.
'The land is theirs, but they are claiming the air is theirs,' Smedsmo told AIN. 'They don't control the air. That is basically untenable.'
The Roseau, Minnesota, native was traveling from his home city to Bemidji as his Stinson aircraft malfunctioned.
'Well, today was the day,' Smedsmo recalled on Facebook. '3500 [feet] and the engine made a little noise, [and] pretty soon no noise [at] all.'
'I don't know what happened, but the engine seized. I safely landed on the highway. Thankful,' he added.
A state worker who was also Smedsmo's neighbor came to his aid.
He helped remove the fallen plane from the road and called the tribal police for further help.
'Bad news,' a Red Lake officer said, apparently having spoken to tribal chief Darrell G. Seki, Sr. 'We're going to do what the chairman said.'
Smedsmo was told his plane had violated the tribe's 1978 law banning 'any airplane' from flying over Red Lake lands at less than 20,000 feet.
(Excerpt) Read more at dailymail.co.uk ...
[So many of these native Indian “tribes” have become so co-mingled with White man’s blood that their are now very few pure bloods left anymore. You see them and they are pasty white, with whiter skin than Snow White, and often times have last names like Smith or Jones.]
It would take a Constitutional amendment. Indian sovereignty is recognized in the Constitution. Yes it’s outdated but it’s clearly there.
I don’t think a Stinson will go to 20K feet. Maybe 7 or 8K.
Indian Tribes are specifically mentioned in two clauses in the main body and in the 14th Amendment.
Article I, Section 2: This section states that “Representatives and direct Taxes shall be apportioned among the several States ... excluding Indians not taxed.”
This clause reflects the status of Native Americans at the time the Constitution was written, indicating that they were not considered part of the American body politic and were not subject to taxation or representation
Article I, Section 8, Clause 3 (Indian Commerce Clause): This clause grants Congress the power “to regulate Commerce with the Indian Tribes.”
This establishes a significant federal authority over tribal affairs, allowing Congress to enact laws that affect tribal governance and commerce.
Fourteenth Amendment, Section 2: This amendment modifies the earlier clause regarding representation, further clarifying the status of “Indians not taxed” in the apportionment of representatives
Also they are recognized to have “inherent sovereignty”.
Inherent Sovereignty: Native American tribes possess inherent sovereignty, meaning their authority to govern themselves predates the U.S. Constitution. This sovereignty is recognized and affirmed by the Constitution, allowing tribes to maintain their internal governance and legal systems.
Bring guns and plenty firewater. Heap big trade.
Exactly right. Let them have the choice of being a fully sovereign nation, with no voting rights in the USA, and no federal money, or joining the rest of us as citizens with allegiance only to this country.
They are like any other foreign power in that respect. The United States could make a treaty with Spain and cede territory. The United States could break that treaty. The United States could declare war with Mexico and take the Southwest.
On a good day. I once had a short ride in a Stinson, at gross weight or maybe more, on a very hot day. We managed to reach pattern altitude on the downwind. There was no attempt to continue the flight.
Except there’s this:
1. Federal Trust Relationship: The federal government has a trust responsibility to protect tribal sovereignty and interests. This relationship implies that the government must act in the best interests of tribes, providing a legal framework for their rights and governance.
2. Supreme Court Interpretations: Over the years, the Supreme Court has developed a body of law that defines the status of Indian tribes within the federal system. This includes recognizing tribes as distinct sovereign entities that operate within a limited sphere, separate from state and federal governments.
Well, I suppose this means no air ambulance services or emergency air transport for the Chippewas. Ever. If I were an insurance carrier for aircraft, I would add that restriction to all insurance policies in Minnesota in writing.
The faster we undo the legal fiction of separate territories of reservations and have feather Indians just be regular citi with no special rights. The better.
20k is pressurized only
Seems ridiculous
We shall see what happens.
Whatever!
I suppose you think that the Japanese would have treated the aboriginals better. Fact- America was going to be conquered.
They do not have sovereignty over that airspace.
Been around a B-1 in low flight probably only once at low speed, but it was enough that I could probably verify the accuracy of your statement.
The guy who I rented part of a hangar from had a nice Stinson with a larger than stock engine in it. Seems I remember him listing off several engines that had been approved with a STC that you could repower with.
I have heard tales of taking off into a stiff wind in a J3 Cub, getting altitude and grinding along for a half hour or so and looking out the back and still being able to see the runway.
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