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This could really set American anthropology, history, and politics on its ear. [EMAIL PROTECTED] Judge Rules Scientists May Study Kennewick Man Skeleton September 1, 2002 By THE ASSOCIATED PRESS PORTLAND, Ore., Aug. 30 (AP) - A federal magistrate judge has ordered the government to let scientists study the bones of Kennewick Man, an ancient skeleton discovered on the banks of the Columbia River. Scientists say the bones could offer clues about the earliest Americans. The ruling by the judge, John Jelderks, on Friday rejected a decision by Bruce Babbitt, the interior secretary then, to give the remains to Indian tribes for reburial. Magistrate Jelderks criticized the way the Interior Department and the Army Corps of Engineers had handled the case. The government had "failed to consider all the relevant factors, had acted before it had all of the evidence, had failed to fully consider legal questions, had assumed facts that proved to be erroneous, had failed to articulate a satisfactory explanation for its action, had followed a `flawed' procedure, and had prematurely decided the issue," Magistrate Jelderks wrote. After reviewing 20,000 pages of documents filed in the case in six years, Magistrate Jelderks wrote, "nothing I have found in a careful examination of the administrative record" supported the government. "Allowing study is fully consistent with applicable statutes," he wrote. Dana Perino, a spokeswoman for the Justice Department, said government lawyers would review the ruling before commenting. The scientists said they were happy with the ruling but emphasized it was a legal battle against the government interpretation of the law, not tribal tradition. "I'm sure Native Americans see it differently, but this suit was against the government, not the Indian tribes," said one, Richard L. Jantz, an anthropologist at the University of Tennessee in Knoxville. Alan Schneider, a Portland lawyer who represented the scientists, said Magistrate Jelderks sided with the scientists "on nearly all major issues." The ruling should set a national precedent for archaeological discoveries, and the scientists will take the case "all the way to the Supreme Court" if the government appeals, Mr. Schneider said. Allowing scientific study of the skeleton will benefit everyone, including Indians, by offering clues to early migration and culture, said Robson Bonnichsen, former director of the Center for the Study of the First Americans at Oregon State University in Corvallis. Shortly after the skeleton was found in July 1996 near Kennewick, Wash., Dr. Bonnichsen, Dr. Jantz and six other scientists went to federal court to prevent the Corps of Engineers from giving the bones to the tribes. The scientists said that a nearly intact ancient skeleton was extremely rare and that initial analysis indicated the bones differed from those of modern Indians. But Mr. Babbitt backed the Corps of Engineers, which manages Columbia River navigation, saying the remains were "culturally affiliated" with Northwest tribes. Mr. Babbitt acted under the Native American Graves Protection and Repatriation Act of 1990, a law intended to prevent the theft and sale of Indian artifacts, to protect tribal burial sites and to restore the remains of ancestors to the tribes. The law requires federal agencies or museums to return remains and relics to tribes that can "show cultural affiliation" based on "geographical, kinship, biological, archaeological, anthropological, linguistic, folkloric, oral traditional, historical, or other relevant information or expert opinion." The scientists, however, argued that no group can establish a direct link that extends back 9,000 years. "Babbitt said oral tradition trumped everything else," Dr. Jantz said. http://www.nytimes.com/2002/09/01/science/01KENN.html?ex=1031886748&ei=1&en=ed2c622b67b7de54 HOW TO ADVERTISE --------------------------------- For information on advertising in e-mail newsletters or other creative advertising opportunities with The New York Times on the Web, please contact [EMAIL PROTECTED] or visit our online media kit at http://www.nytimes.com/adinfo For general information about NYTimes.com, write to [EMAIL PROTECTED] Copyright 2002 The New York Times Company <A HREF="http://www.ctrl.org/";>www.ctrl.org</A> DECLARATION & DISCLAIMER ========== CTRL is a discussion & informational exchange list. Proselytizing propagandic screeds are unwelcomed. Substance—not soap-boxing—please! 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