The First Eagle

by Tony Hillerman

  Murphy pointed, said, “Over there,” and added that he wanted me aware of how these people hid themselves in this empty world. We moved along the cliff, and past another gallery of pictographs, one of which depicted Kokopela, resting on his humped back playing his flute between his raised legs. Anthropologists believe he is a fertility figure a lot like the Greek Pan and the hump he carries represents a sack of seeds. Whoever he is, he stimulated my imagination. I began thinking how spooky it would be if my foredoomed anthropologist, already frightened, began hearing the sound of flute music approaching in the darkness. With the problem of working flute music into the plot still on my mind we turned a little corner and we were there. In the towering wall of the mesa nature had formed a cavernous amphitheater in the cliff, some fifty feet deep, a bit wider, and maybe seventy feet from floor to ceiling. A live seep high up the cliff supplied enough water to grow a lush (by desert standards) assortment of ferns and moss here and to feed a shallow basin perhaps twelve feet across and eight inches deep on the stone alcove floor. Tiny frogs are all around it. On a ledge a few feet above this pool the Anasazi family had built its house — its roof gone but the walls, protected here from wind and weather, almost intact. At the mouth of the alcove footholds had been cut into the cliff leading upward to a higher shelf where an even smaller stone structure stood. A lookout point, Murphy guessed, or a last-chance stronghold if danger trapped them.

  While we rested in the cool shade, I dumped the already written first chapter of A Thief of Time. A quite different book was taking shape out of what I’d seen on this raft trip. And here’s the way I thought the new first chapter would go:

  By now the victim has definitely become female. She has reached this proscribed ruins just as Murphy and I did, but at twilight. She has seen Kokopela’s pictograph, the ruins, the pond, and the little frogs around it. She has decided she will sleep and start her dig with daylight. She notices the frogs seems to jump toward the water but never reach it, investigates, finds that scores of them have been tethered with yucca strings to twigs stuck into the ground. This seems cruel, sadistic, and totally insane to her and since the frogs are still healthy, done recently. The mad perpetrator must be near. Then she hears the sound of a flute. Thinks of Kokopela. Listens. Recognizes the melody of “Hey, Jude.” Then she sees figure walking into the darkness toward her. End of first chapter.

  (“Breakout Book,” pp. 304-307.)

  Skinwalkers Becomes a MYSTERY!

  A press release from PBS:

  Skinwalkers is the first MYSTERY! title in the show’s twenty-two-year history written by an American author and set in the United States.

  The project teams Robert Redford’s Wildwood Enterprises with PBS, the Corporation for Public Broadcasting, and the UK’s Carlton Television.

  “The Chee and Leaphorn mystery series has been a passion project of mine for fourteen years,” said Executive Producer Robert Redford. “The chance to elevate the issues surrounding our Native American culture and to do it through the vehicle of solid entertainment is our hope and purpose. I am very happy to see Skinwalkers find its perfect home on PBS.”

  Directed by Chris Eyre (Smoke Signals) from a script by Jamie Redford, the mystery stars Adam Beach (Smoke Signals) and Wes Studi (Dances with Wolves) as Native American detectives Jim Chee and Joe Leaphorn of the Navajo Tribal Police. Skinwalkers is one of fourteen Hillerman mysteries featuring these characters, including the recently published The Wailing Wind.

  “We’re proud to bring Tony Hillerman’s unique talent to television audiences,” adds MYSTERY! Executive Producer Rebecca Eaton. “Viewers are going to love Skinwalkers for the same reasons we do: its vivid depiction of Native American culture, strong, complex characters, and edge-of-your-seat suspense.”

  Skinwalkers premiered November 24, 2002.

  Profile of the Navajo Nation

  Demographics:

  According to the 2000 U.S. Census, 298,197 individuals claimed Navajo ethnicity. Of that total, as of November 30, 2001 (Navajo Nation Vital Records Office), 255,543 are enrolled members of the Navajo Nation, placing the Navajo Indian Tribe as the largest federally recognized tribe in the United States.

  According to the 2000 U.S. Census, of the 180,000 residents residing on Navajo Nation tribal land, 168,000 are Navajo enrolled members, with the remaining being non-members who reside and work within the Navajo Nation. Another 80,000 Navajos reside near or within “border towns” of the Navajo Nation — Farmington, N.M.; Gallup, N.M.; Grants, N.M.; Page, AZ; Flagstaff, AZ; Cortez, CO; Winslow, AZ; Holbrook, AZ; and Blanding, UT. The remaining Navajos, enrolled and non-enrolled, reside in metropolitan centers across the United States.

  The Navajo Nation population is relatively young — the median age being 22.5 years (2000 Census Count).

  Geography:

  The Navajo Nation, or Dine Bikeyah (Land of The People), extends into the states of Arizona, New Mexico, and Utah, covering over 27,000 square miles, including all or parts of 13 counties in those states. Dine Bikeyah is larger than 10 of the 50 states in the United States.

  Much of Dine Bikeyah is extremely remote and isolated, with significant renewable and non-renewable natural resources, including surface and ground water, range lands, forests, irrigated farmlands, lakes, fish and wildlife, as well as substantial reserves of coal, oil, and natural gas.

  Governmental Structure:

  The Navajo Nation Government is composed of three branches, Executive, Legislative, and Judicial, and centrally headquartered in Window Rock, Arizona (Navajo Nation).

  An 88-member popularly elected Council, with 12 Standing Committees, serves as the governing body of the Navajo Nation Government.

  The Legislative Branch contains various offices and boards, which are administered by the Speaker of the Navajo Nation Council.

  The elected President and Vice-President head the Executive Branch, which is comprised of Divisions and Offices. These Divisions and Offices provide a broad range of governmental services to Navajo Nation members and other residents of the Navajo Nation.

  The Judicial Branch consists of a system of seven District Courts, seven Family Courts, and a Supreme Court.

  One hundred and ten (110) local government subdivisions, identified as Chapters, exist within the Navajo Nation.

  The Navajo Nation’s inherent right to self-govern is sacred and demonstrated through daily governmental actions. As the governing body of the Navajo Nation, the Navajo Nation Council has the authority to pass laws which govern the Navajo Nation, members of the Navajo Nation, and certain conduct of non-member Indians and non-Indians within the territorial boundaries of the Navajo Nation.

  All branches of the Navajo Nation Government exercise varied delegated powers and governmental authority in accordance with Navajo Nation statutory, regulatory, and common law.

  Permanent Issues:

  According to 1998 figures from the Division of Economic Development, Navajo Nation, around fifty-six (56) percent of Navajo people lived below the poverty level and the per capita income was at $5,759. Twenty-four (24) percent of potential income made on the Navajo Nation is spent within its boundaries, leaving a vast potential for on-reservation economic development.

  High levels of unemployment persist on the Navajo Nation despite efforts to find ways to attract various types of businesses to locate on the Navajo Nation to create jobs and spur economic development.

  The Navajo Nation is challenged daily by the tasks associated with attracting businesses to a business environment that has little or no infrastructure. On a regular basis, several businesses explore the possibility of locating to the Navajo Nation before realizing the obstacles of inadequately paved roads and the lack of electricity, water, telecommunication, and police and fire protection services.

  The Navajo Nation currently has 6,184 miles of roads. 1,373 miles are paved and 4,811 miles, or seventy-seven (77) percent, are dirt or gravel. According to the 1990 Census, of the 56,372 housing units on the Navajo Nation,
29,099 homes, or fifty-one (51) percent, lack complete plumbing and 26,869 homes, or forty-eight (48) percent, do not have complete kitchen facilities.

  Federal/Navajo Nation Relations:

  The existing federal-tribal government-to-government relationship is significant given that the United States has a unique legal relationship with Indian tribal governments as set forth in the Constitution of the United States, treaties, statutes, Executive Orders, and court decisions. Since the formation of the Union, the United States has recognized Indian tribes as domestic dependent nations under its protection and has affirmed the Navajo Nation’s sovereignty.

  In Senate Report 100-274, the Senate Committee on Indian Affairs described the current federal policy in the following fashion:

  The federal policy of Indian self-determination is premised upon the legal relationship between the United States and the Indian tribal governments. The present right of Indian tribes to govern their members and territories flows from a preexisting sovereignty limited, but not abolished, by their inclusion within the territorial bounds of the United States. Tribal powers of self-government today are recognized by the Constitution, Acts of Congress, treaties between the United States and Indian tribes, judicial decisions and administrative practice.

  A fundamental attribute of the federal policy in Indian affairs is the trust relationship that exists between the United States and Indian tribes. The trust relationship was conceptualized by Chief Justice John Marshall in Cherokee Nation vs. Georgia, 30 U.S. (5Pet) 1 (1831). The trust relationship currently and the trust principles first articulated in Cherokee Nation remain operable today. Trust duties set the standard of conduct for federal officials and Congress in their dealings with Indian tribes. It has created the basis for causes of action against the United States and its officials for breach of these duties and has been employed to establish and protect the rights of Indian tribes and individuals.

  In the Navajo Nation context, the United States Supreme Court in Williams vs. Lee, 358 U.S. 217 (1959) limited the authority of the state court to adjudicate a matter that arose on the Navajo Nation. The Supreme Court stated:

  The cases in this Court have consistently guarded the authority of Indian governments over their reservations. Congress recognized the Navajos in the Treaty of 1868, and has done so ever since.

  The Navajo Nation relies on the Treaty of 1868, the trust relationship and federal policy, in its dealings with the United States.

  ~

  Editor’s note: In October 2002 this material could be found at http://www.nnwo.org/nnprofile.htm. It is reprinted here with the permission of the Navajo Nation Washington Office.

  The body of Anderson Nez lay under a sheet on the gurney, waiting.

  From the viewpoint of Shirley Ahkeah, sitting at her desk in the Intensive Care Unit nursing station of the Northern Arizona Medical Center in Flagstaff, the white shape formed by the corpse of Mr. Nez reminded her of Sleeping Ute Mountain as seen from her aunt’s hogan near Teec Nos Pos. Nez’s feet, only a couple of yards from her eyes, pushed the sheet up to form the mountain’s peak. Perspective caused the rest of the sheet to slope away in humps and ridges, as the mountain seemed to do under its winter snow when she was a child. Shirley had given up on finishing her night shift paperwork. Her mind kept drifting away to what had happened to Mr. Nez and trying to calculate whether he fit into the Bitter Water clan Nez family with the grazing lease adjoining her grandmother’s place at Short Mountain. And then there was the question of whether his family would allow an autopsy. She remembered them as sheep camp traditionals, but Dr. Woody, the one who’d brought Nez in, insisted he had the family’s permission.

  At that moment Dr. Woody was looking at his watch, a black plastic digital job that obviously hadn’t been bought to impress the sort of people who are impressed by expensive watches.

  “Now,” Woody said, “I need to know the time the man died.”

  “It was early this morning,” Dr. Delano said, looking surprised. It surprised Shirley, too, because Woody already knew the answer.

  “No. No. No,” Woody said. “I mean exactly when.”

  “Probably about two A.M.,” Dr. Delano said, with his expression saying that he wasn’t used to being addressed in that impatient tone. He shrugged. “Something like that.”

  Woody shook his head, grimaced. “Who would know? I mean, who would know within a few minutes?” He looked up and down the hospital corridor, then pointed at Shirley. “Surely somebody would be on duty. The man was terminal. I know the time he was infected, and the time he began registering a fever. Now I need to know how fast it killed him. I need every bit of information I can get on processes in that terminal period. What was happening with various vital functions? I need all that data I ordered kept when I checked him in. Everything.”

  Odd, Shirley thought. If Woody knew all that, why hadn’t Nez been brought to the hospital while there was still some hope of saving him? When Nez was brought in yesterday he was burning with fever and dying fast.

  “I’m sure it’s all there,” Delano said, nodding toward the clipboard Woody was holding. “You’ll find it there in his chart.”

  Now Shirley grimaced. All that information wasn’t in Nez’s chart. Not yet. It should have been, and would have been even on this unusually hectic shift if Woody hadn’t rushed in demanding an autopsy, and not just an autopsy but a lot of special stuff. And that had caused Delano to be summoned, looking sleepy and out of sorts, in his role as assistant medical superintendent, and Delano to call in Dr. Howe, who had handled the Nez case in ICU. Howe, she noticed, wasn’t letting Woody bother him. He was too old a hand for that. Howe took every case as his personal mano-a-mano battle against death. But when death won, as it often did in ICU units, he racked up a loss and forgot it. A few hours ago he had worried about Nez, hovered over him. Now he was simply another of the battles he’d been fated to lose.

  So why was Dr. Woody causing all this excitement? Why did Woody insist on the autopsy? And insist on sitting in on it with the pathologist? The cause of death was clearly the plague. Nez had been sent to the Intensive Care Unit on admission. Even then the infected lymph glands were swollen, and subcutaneous hemorrhages were forming their splotches on his abdomen and legs, the discolorations that had given the disease its “Black Death” name when it swept through Europe in the Middle Ages, killing tens of millions.

  Like most medical personnel in the Four Corners country, Shirley Ahkeah had seen Black Death before. There’d been no cases on the Big Reservation for three or four years, but there were three already this year. One of the others had been on the New Mexico side of the Rez and hadn’t come here. But it, too, had been fatal, and the word was that this was a vintage year for the old-fashioned bacteria—that it had flared up in an unusually virulent form.

  It certainly had been virulent with Nez. The disease had gone quickly from the common glandular form into plague pneumonia. The Nez sputum, as well as his blood, swarmed with the bacteria, and no one went into his room without donning a filtration mask.

  Delano, Howe, and Woody had drifted down the hail beyond Shirley’s eavesdropping range, but the tone of the conversation suggested an agreement of some sort had been reached. More work for her, probably. She stared at the sheet covering Nez, remembering the man under it racked by sickness and wishing they’d move the body away. She’d been born in Farmington, daughter of an elementary schoolteacher who had converted to Catholicism. Thus she saw the Navajo “corpse avoidance” teaching as akin to the Jewish dietary prohibitions—a smart way to prevent the spread of illnesses. But even without believing in the evil chindi that traditional Navajos knew would attend the corpse of Nez for four days, the body under the sheet provoked unhappy thoughts of human mortality and the sorrow death causes.

  Howe reappeared, looking old and tired and reminding her as he always did of a plumper version of her maternal grandfather.

  “Shirley, darlin’, did I by any chance give you a long list of specia
l stuff we were supposed to do on the Nez case? One thing I remember was he wanted a bunch of extra blood work. Wanted measurement of the interleukin-six in his blood every hour, for one thing. And can’t you just imagine the screaming fit the Indian Health Service auditors would have if we billed for that?”

  “I can,” Shirley said. “But nope. I didn’t see any such list. I would have remembered that interleukin-six.” She laughed. “I would have had to look it up. Something to do with how the immune system is working, isn’t it?”.

  “It’s not my field either,” Howe said. “But I think you’re right. I know it shows up in AIDS cases, and diabetes, and the sort of situations that affect immunity. Anyway, we shall let the record show that the list didn’t reach your desk. I think I must have just wadded it up and tossed it.”

  “Who is this Dr. Woody anyway?” Shirley asked. “What’s his specialty? And why did it take so long to get Nez in here? He must have been running a fever for days.”

  “He’s not a doctor at all,” Howe said. “I mean he’s not a practicing physician. I think he has the M.D. degree, but mostly he’s the Ph.D. kind of doc. Microbiology. Pharmacology. Organic chemistry. Writes lots of papers in the journals about the immune system, evolution of pathogens, immunity of microbes to antibiotics, that sort of stuff. He did a piece for Science magazine a few months ago for the layman to read, warning the world that our miracle medicines aren’t working anymore. If the viruses don’t get us, the bacteria will.”

  “Oh, yeah,” Shirley said. “I remember reading that article. That was his piece? If he knows so much, how come he didn’t see that fever?”