dissenting.
In support of my dissent, I take a page out of the book of the majority in Wiederholt v. Dept. of Transp., 462 N.W.2d 445 (N.D.1990). There, the majority concluded that the failure of the legislature to amend a statute which we had interpreted in a manner most likely contrary to the clearly expressed intent of the legislature, was an indication that the legislature was satisfied with our interpretation. So, too, if the Lohnes majority misconstrued 60 Stat. 229 (1946) and the provisions for disclaimer of governmental control of Indian lands in North Dakota’s enabling act, that misconstruction has been the law in our state for over thirty-five years. To my knowledge, Congress has done nothing to indicate its displeasure with either our interpretation of its statutes or our deference to Indian sovereignty. No congressional enactments have declared our error and, indeed, it could be said that the Lohnes majority was prescient in anticipating and implementing what would become a national policy of promoting and nurturing Indian self-government and sovereignty.
Because our interpretation in Lohnes is so congenial with the long-standing congressional policy of autonomy and self-determination of Indian nations, we should uphold it and preserve the needs of stability in our legal system. Stare decisis is a reasonable credo in these circumstances. I would follow Lohnes and reverse the judgments of conviction.
I, therefore, respectfully dissent.