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Wednesday, July 29, 1987/Kansan Summer Weekly
Committee to establish rules for handling unmarked graves
3y KEITH ROBISON
Staff writer
When an unmarked grave is uncovered or disturbed in Kansas, nothing in state law says how it should be handled.
Rep. Betty Jo Charlton, D-Lawrence, recently said she was planning to propose guidelines to the Kansas Legislature for the handling of unmarked graves.
Alfred Johnson, professor of anthropology and director of the Museum of Anthropology, said, "If someone is building a highway or building, and they accidentally disturb a grave site, there is nothing to govern what to do with the parts they find.
"A committee is working to pass legislation that will make rules and regulations about what to do when this happens.
'I'm opposed to any use other than the returning of the remains to the proper people and the proper burial site. I'm violently opposed to any kind of study.'
he said the committee was made up of people who represented different viewpoints and attitudes about
Rob Daugherty
- Rob Daugherty instructor of Indian studies
the proposed legislation. Johnson is on the committee.
at Haskell
"There are a lot of strong feelings about the whole issue from all different angles," he said. "Three groups have interest in this — the Indians, the history people and the scientists."
Johnson said some scientists wanted to study the bones for research purposes, some historians were interested in them for historical reasons and some Indians wanted the sites as they were or moved to another site.
"All of these interests conflict with agricultural and economic development," he said.
Charlton said she thought it would be best to let the scientists examine any remains discovered and then rebury them.
But Rob Daugherty, instructor of Indian studies at Haskell Indian Junior College, disagreed.
"I'm opposed to any use other than the returning of the remains to the proper people and the proper burial site. I'm violently opposed to any kind of study," he said.
However, compromise is important, Charlton said.
"The legislation has a much better chance if there's agreement on the part of the people who want the legislation passed rather than if there is someone protesting. We don't want this to be controversial," she said.
She said the Indian representatives on the committee raised a strong point on the issue.
They pointed out that when Indian remains are uncovered, they sometimes are put on display, while uncovered remains of white settlers are moved to another burial site and not displayed, Charlton said.
"We hope to have a bill drawn up before the '88 session begins. We want to satisfy all the parties interested — the Native Americans, the scientists, the archeologists and anthropologists, the state and also answer any questions of private property that enters into it."
Indian bones were found on private property in Salina, and the property owner put the remains on display and charged admission to view them.
"They shellacked the skeletons and had them on display and were charging an admission fee." Charlton said. "It seems really crisy."
Daugherty also visited the Salina burial site.
"I wish I hadn't. I didn't feel good afterwards. It was an eerie feeling to go in there," he said. "It is pure and outright commercialization. It is complete disrespect for the human race."
Johnson said the committee wanted the legislation to require that discoveries of unmarked graves be registered with the Historical Society in Topeka.
That way, he said, it would be possible to keep track of the sites and to deal with them individually.
"We hope we can identify as many
of them as possible and have that on
record," he said. "Then, when someone wants to build or dig, they could first check with the Historical Society in Topeka."
Daugherty, who is an American Indian and committee member, said the problem had been around for a long time.
"This has been a problem since the first day that people began making commercial use of people's remains," he said.
"The Salina site has been in operation a number of years. Our attention has been recently turned to it in a concerted effort.
"It's pure and simple. It could be anyone's remains, it doesn't matter whether they're Indian or not. They are something sacred, to be viewed upon as they are in that condition.
"What would happen to me if I went out to Oak Hc cemetery and dug up white people's bones?" Daugherty asked.
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