By KIMBALL BENNION
Tribune Staff Writer
A district judge refused to accept the request of either party to assume guardianship over a historic American flag that has driven a wedge between members of a family that have kept it for generations.
The last living person to be recognized as the keeper of a 13-star American flag given to the Ojibwe band of Indians in the early 1800s was Dorothy Gopher, who died in 2008, without leaving instructions regarding who should take care of the flag. The flag is in a safe-deposit box in Dorothy’s name at First Interstate Bank in Great Falls. No one can open that box until legally appointed as a personal representative of the family.
After hearing the bitter dispute from well-entrenched sides of the family regarding the flag’s role in the Gopher family and the Ojibwe band they are a part of, District Judge Thomas McKittrick decided to rule against the desires of both parties. Instead, he said he would appoint a public administrator from Cascade County to be able to open the safety deposit box.
“This is a situation that has to come to an end,” McKittrick said. “We have to have some finality.”
Although not yet appointed, the public administrator will likely decide to display the flag publicly, McKittrick said. Both parties seemed fine with the idea of it being displayed.
The family’s rift seemed to start in July, when one of Dorothy’s children, Mike Gopher, applied to be the family’s personal representative so he could open the safety deposit box. On Tuesday, his brother Glenn, along with a number of his other siblings, were in court to contest that appointment, saying Mike Gopher wasn’t worthy to hold that title and that they disagreed with him over who could claim ownership of the flag.
“We cannot break tradition here today,” Glenn Gopher said. “We’re trying to establish that a tradition cannot be broken by having a criminal handle that flag.”
During testimony, Mike Gopher said he was convicted of “a number” of crimes in the past. The keeper of the flag should be a person without criminal convictions, Glenn Gopher said.
Mike Gopher argued that the flag is the sacred responsibility of the entire Ojibwe band, and that the Gopher family alone can’t claim ownership of it. Instead of have the flag sit in a safety deposit box, Mike said he wanted it to be displayed in a Great Falls museum while the Ojibwe band remains its keeper.
“The proper display would be to get it worked on by people professionally trained to take care of artifacts,” Mike said. “I believe it should be kept locally.”
Glenn Gopher claims the flag belongs solely to the Gopher family. It was entrusted to their grandfather, who passed it on to their grandmother, who then passed it on to their father, Robert Gopher, who left it to his wife, Dorothy. Glenn Gopher did not seem to mind the idea of the flag being displayed publicly, but held firm that decisions regarding its future should be up to the immediate Gopher family.
During Tuesday’s hearing, Mike Gopher was represented by Great Falls attorney Neal DuBois, while Glenn Gopher represented himself.
Both parties seemed to be at least partly satisfied with McKittrick’s decision, but the family feud showed no signs of thawing.
“It’s the lesser of two evils,” said Melinda Gopher, who sided with Glenn. “It’s a minor, partial victory because our brother didn’t get it.”
She added that she won’t be totally satisfied until the flag is recognized as the sole property of her family.
“We will be looking at appeals,” she said.
DuBois said he was satisfied with the ruling since the third party would likely do with the flag what Mike Gopher intended for it all along.
“Mike Gopher is not contending that he should be the keeper,” DuBois said. “His goal was to keep it safe.”