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Susanne and William Waites
Yep.
According to provisions in the Food, Conservation, and Energy Act of 2008, aka Public Law 110-246, an amendment to the Lacey Act that is included in the bill makes all wood a federally regulated, suspect substance.
To quote from the blog, Classical Values, “Either raw wood, lumber, or anything made of wood from tables and chairs, to flooring, siding, particle board, to handles on knives, baskets, chopsticks, or even toothpicks has to have a label naming the genus and species of tree that it came from and the country of origin. Incorrect labeling becomes a federal felony.” And the law applies to any wood product that is in interstate commerce within the country.
Here are excerpts from a summary of the law, once again as provided by Classical Values:
“Anyone who imports into the
[…]
“Violations of the Lacey Act provisions for timber and other plant products, as well as fish and wildlife, may be prosecuted through either civil or criminal enforcement actions. Regardless of any prosecution, the tainted plants may be seized and forfeited.”
So, according to this law and this interpretation of it, anyone who sells you a wood carving, a basket, or an object of art with a wood component, such as a picture frame, and anyone who buys it, without a label as to genus and species of wood and country of origin, can be subject to prosecution of committing a felony. And you can be prosecuted for buying and having it.
Yes, there is a requirement that interstate commerce have been included. But almost everything we sell and own these days was involved in interstate commerce at one time or another.
While all would have to agree that the chances of anyone being prosecuted is remote, it is also true that once the Feds have you in their sights, they can and will use anything to get you. I recall hearing that they never could arrest Al Capone for anything, due to insufficient evidence, until they caught him with an open cigarette pack on which the federal tax stamp had not been destroyed.
Equally of concern is the possibility that materials can be confiscated and not returned, regardless of the outcome of any prosecution.
There have been recent stories of Federal agents raiding and confiscating collections of Native American tribal artifacts on the premise that the items were acquired illegally and in violation of Federal law. Granted, some pieces confiscated do fall under Federal prohibitions. At the same time, many pieces are confiscated that do not constitute contraband. These may be held for long periods, even indefinitely, during investigations.
Keep this in mind as you consider selling or purchasing any goods that fall within the purview of the Lacey Act as amended by Public Law 110-246.
Is anyone safe?
This report is provided by Aboriginals: Art of the First Person, online dealers in African, Australian and Native American tribal art.
We also offer Native American jewelry, Native American pottery and Native American stone carvings online.
Thanksgiving must be near.
That means it’s time for Aboriginals’ Annual Holiday Loyalty Sale.
From today through
Give the love of your life a beautiful authentic Native American jewelry bracelet, pendant or other item of adornment at 75% below the regular price.
Save 25% on a beautiful Native American Pueblo pot, storyteller or Nativity set.
Any fetish collector in your circle will be gratefully impressed by a Zuni, Cochiti, San Felipe or Navajo carving.
Check out our extraordinary collection African tribal masks and carvings, charming Inuit items, make-you-smile Navajo folk art pieces and traditional tribal art by world-class Australian Aboriginal artists.
Everything on our websites is yours at 25% off the listed price. Just include this code – “Tribal 2009” - in your order. We’ll take the 25% off at “check-out”.
(We are not changing the listed prices on the web site because these discounts are available only to loyal subscribers and when the sale is over on November 23, the original prices will stand.)
Don’t wait too long. Choice items will go first. And we will need time to ship before Christmas.
Thank you for your loyalty.
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One of our most enjoyable days in New Mexico during Santa Fe Indian Market time was a visit with Delbert ChargingCrow, a Lakota Sioux carver living in Albuquerque. During the visit we looked at a number of new carvings done by Delbert since we last saw him. Some of these have been posted to our ZuniLink website.
We also had a long conversation with Delbert. He is a fascinating, very spiritual person. He reminded us of the healing power that he invests in each of his carvings. He also shared with us certain aspects of his carvings that we were not aware of.
For example, when bears have turning heads, they are male bears, For some people, they also represent the turning around of a life on a bad path. With so many of us heading in directions about which we are uncertain or that we feel may be self-destructive, the turning bear takes on great significance as a source of support and healing. (Delbert carves female bears as linear and moving forward.)
All of Delbert’s bears and all his carvings include a package of spiritual stones, feathers and small leather pouches. These add power and spiritual strength to each carving.
When Delbert carves a horse, it always also has a small "walking stick” attached to the power package. He furnishes it so that the rider can dismount and have the walking stick for support as he or she continues the journey.
Of course, with his heritage as a Plains Indian, Delbert considers the horse as a particularly important animal to carve, just as it was for his ancestors.
Delbert also told us the structure of the elk’s antler rack replicates two hands, eight fingers and two thumbs, joined together in prayer. It signifies the elk's intervention with the higher spirit. It’s something you don’t notice until it is pointed out. It definitely is there, just as Delbert intends it.
Occasionally, Delbert is drawn by the opportunity to carve more whimsical creatures, such as turtles, donkeys, rabbits, eagles, hawks and others. All are carved in Delbert’s inimicable, unmistakable style.
We have added some of these to our selection available for purchase.
People often look querulous when the so-called “healing power” of Native American fetish carvings is mentioned.
A little history: The concept of stone fetishes had its genesis in stones that were found on the ground in native lands after rainstorms. Many of them had shapes and characteristics resembling animals. It was believed by Zuni Indians in pre-historical times that these were actual animals that were petrified into stone when struck by lightning.
It was further believed that power of the original animal also was preserved in the stone. Healing and protection in bears. Long life in turtles. Fruitfulness in frogs. Wisdom in eagles. Cunning in wolves.
Eventually, Zuni carvers went beyond the inherent form of the stone to carve in characteristics that they associated. Even then, the carver only carves elements and forms that he or she sees already present in the material.
(Delbert pointed out that his own experience is that when a carver tries to carve an animal that isn't actually in the stone, the material fractures. The carver is forced either to throw the material away or look for another animal that may be hiding in the remnant stone.)
Fast forward to other tribes that adopted and adapted the carving of creatures and items reflective of the culture of that tribe. Navajo carvers tended to concentrate on domestic and livestock animals, as protectors of their flocks and herds.
Cochiti carvers, such as Salvador Romero and Wilson Romero, backtracked into forms that are more unpolished and crude, based on natural stone found on the Cochiti Pueblo.
Melvin Sandoval, from San Felipe Pueblo, married a Zuni woman and brought his unique modernistic style to fetish carving.
Delbert, a Lakota Sioux, was inspired to contribute his gift for carving and his native spiritualism as a healer to the genre.
It is true that carvings are not considered "fetishes" unless they have been blessed by a tribal priest. It also is generally accepted, however, that any carving which embodies the form and spirit of an animal may convey the power and magic of that creature, if the owner of the carving believes in it and takes care of the carving.
Delbert lives in Albuquerque and uses the public bus to take his granddaughter to school each day. He is a source of strength and guidance for this young lady. We admire his artistry, his soft-spoken spiritualism and his dedication to family.
We count it a great privilege to be able to consider Delbert ChargingCrow a great friend as well as a source for carvings that magical in the way the look and the solace they bring to life. Dozens of his carvings are available for purchase at ZuniLink.com.
Thank you for reading.
Due to our interest in the remarkabe creativity of these people, we offer this report on a recent Aboriginal Art event in
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If you have never been to the Australian outback, it will be very difficult for you to envision the setting.
There are great stretches of red earth with desert scrub and, pretty much, nothing higher than the top of your boots. Dry river beds and washes course the earth.
In the midst of this are settlements of Australian Aboriginals who live a life incredibly close to the earth.
The major population center for all this is
It's a community with a colonial quality, that would hardly be considered even a small city in the
(In fact, Australians don’t generally travel to the Aboriginal communities of the outback either. The government restricts the ability of non-Aboriginals to visit the settlements.)
It always amazes me that an extraordinary art movement has emerged here and flourishes here. Recently, the Desert Mob Show in
The Desert Mob show is all the more remarkable because of it roots in the community.
It lacks the funding many other shows have, including the recently experienced Native American Indian Market in
Nevertheless, the vitality, fire and force of this work is more than inspiring. It is uplifting and mind-opening.
The Desert Mob is the result of a collection of
Works done by these artists are brought to market and the public view at the Desert Mob Show. The show is not juried and not curated. All the art that the
By all reports, the cumulative effect wass stunning, breathtaking, eye-fracturing beauty.
For more information, including a review of last year’s Desert Mob Show, visit this web site - http://www.nt.gov.au/nreta/arts/ascp/araluen/galleries/desertmob.html
For examples of other tribal art offered by Susanne and William Ernest Waites can be found at ZuniLink.com. Native-PotteryLink.com and Native-JewelryLink.com
Calvin is one of our our favorite jewelry artists. We have been offering his work for years.
Now, the Santa Fe New Mexican newspaper reports that fakes purporting to be Calvin's work have shown up in at least one Santa Fe Native Art store.
Actually, we are not too surprised. Whenever an artist reaches the renown that Calvin has, he or she becomes a target for counterfeiters.
Calvin's history makes him a more vulnerable target than most.He has been an atelier artist, in the tradition of such famous atelier masters as Michelangelo and DaVinci. This approach to art includes a number of “sous-chefs” that work on the master's designs under the master's supervision. It also allows the artist to influence and produce more work than if he or she was working on his or her own.
For a while, Calvin worked with A Touch of Santa Fe in Gallup, using a skilled staff of silversmiths and lapidary artists. Almost all the work designed and made there carried both Calvin's signature ant the TSF stamp.A few years back, Calvin and TSF went separate ways. Well, at least Calvin did. TSF continued to use Calvin's designs and some of his silversmiths and lapidary artists. The company also continued to identify the pieces as Calvin's work.This ended when Calvin insisted that they stop and he moved to a new studio to create his work.
For a short interim period, there were pieces that were designed by Calvin but did not carry his signature. But it was a very limited number. It is identified by the precision of the inlay. Work done after Calvin left is definitely inferior.
Now, as indicated, there has been a gallery in Santa Fe selling work that it said was done by Calvin but he says was not.
According to the New Mexican newspaper, when a piece purchased at the store was shown to Calvin he said it was not his but was similar.
“TSF continues to use my designs,” Calvin claimed. “although I have instructed the business not to use my name stamp.”
The New Mexico Consumer Protection Division has sued the dealer, accusing them of manufacturing and selling pieces of jewelry that were falsely represented as having been made by Calvin. They also were accused of giving illegal discounts.
There is a moral to most stories.
This one is to always deal with dealers you know and trust. Be suspicious of “bargain” prices. Ask specific questions to get specific answers. If it sounds too good to be true, chances are a hundred-to-one it isn't true.
Aboriginals Gallery and our Native-JewelryLink web site absolutely guarantees that any piece we represent as being Calvin Begay's is Calvin Begay's. The same is true for any piece of jewelery or art we offer.
If a buyer is unhappy with their purchase from us after receiving it, we will return 100% of the purchase price.
And those prices are low because we are an exclusive online dealer, with the low overhead of the internet.
Update: New Mexico Attorney General has settled the fraud case against Santa Fe stores selling fake Calvin Begay jewelry. Store owners will pay restitution and a $10,000 fine, plus reimburse other purchasers who bought jewelry misrepresented as being the work of Calvin Begay. To qualify, submit the actual item along with an invoice or receipt to Office of the Attorney General, Consumer Protection Division, Jewelry Restitution Program, P.O. Drawer 1508, Santa Fe, NM 87504.
We recommend that you photograph and insure your piece(s) in order to track them after sending to the AG
Update: We received a letter from the Indian Arts and Crafts Board of the US Department of Interior announcing their joint efforts with the New Mexico Attorney General to shut down the sale of fake Indian arts and crafts. We say "bravo". It's about time.