‘Laughing Whitefish’ resurfaces

As a younger man, he had heard a story about an Indianwoman who had, against all odds, taken on the white power structure ofthe Upper Peninsula’s mining industry while seeking what she thoughtwas compensation owed to her family.

Voelker had always wanted to do a fictional treatment ofthis real-life case, but the success of “Anatomy” and his job as ajustice had kept him too busy.

In an address to the Michigan Historical Society in 1970he said his “neglected Indian story receded even further into thebackground.”

In a brash move, Voelker decided he was fed up and had enough of the “baying dogs of success” — he quit his job.

In his letter of resignation to Gov. G. Mennen Williamshe wrote, “While other men can write my legal opinions (although Iwould debate that) they can scarcely write my books. I am sorry.”

Voelker, who wrote under the pen name Robert Traver,retreated to the Upper Peninsula, where he would spend two winterswriting his Indian story. “Laughing Whitefish” was published in 1965,but soon went out of print.

Now, Michigan State University, working with the Voelkerfamily, has reprinted the book with an introduction written by MSUCollege of Law Professor Matthew Fletcher, who heads the Indigenous Lawand Policy Center.

In describing his book, Voelker always said it was “abasic story … rather simple” and “it was about iron ore, Indians andthe infidelity to one’s own promises.”

The book tells the story of a young Indian woman,Charlotte Kawbawgam (her real name was Kobogum), who seeks compensationfor her father. He had been promised a “wee fractional interest” afterleading a group of mining executives to the world’s largest deposit ofiron ore. Kawbawgam hires lawyer Willy Post, a newcomer to Marquette.

Although the real-life case was extremely complicated,Voelker simplified it for the book; in essence, it shows how tribal lawhas supremacy over state law in domestic disputes.

Fletcher said the book, which provides great context forstate/tribal relations, still can be used as a textbook in Indian law.In his introduction, he puts the book into the context of little-knownaspects of Indian law. “Whitefish” also explores little-known tribalcustoms and laws, including the practice of polygamy.

Voelker, who spent most of his life in the UpperPeninsula, also creates a window into the customs and language of theCornish mining community around Ishpeming, where he lived. He oftensaid he used the keen ear he developed sitting in his father’s barlistening to miners in order to recreate a lifestyle that has all butdisappeared in the western Upper Peninsula. 

Although Voelker stayed as true to the facts as he couldin writing the book he did change one important item — otherwise, thebook might’ve been named “Carp.” He said he chose not to name theIndian girl after the river she was born next to (Carp) but opted forthe “more romantically named river (Laughing Whitefish).”

In 1989, two Michigan lawyers who had developed afriendship with Voelker approached him about establishing a foundationto raise money to make a film based on the book.

Voelker had another idea. Voelker, who was very closewith the Indians who lived nearby him and aware of the many injusticesplayed out against them, decided he wanted to raise money to sendIndians to law school.

Since 1989, the Voelker Foundation (which has more than400 members) has provided scholarships to 16 law students: 15 havegraduated and one is still in school. The foundation also recognizesanother of Voelker’s passions by awarding a writing prize of $2,500each year for the best short story on fly fishing.

The myth of Voelker continues to loom large in thewestern Upper Peninsula, perhaps rivaled only by the sinking of theEdmund Fitzgerald. Tourists still seek out the haunts and sites where“Anatomy of a Murder” was filmed, and make pilgrimages to the grave ofVoelker.

Because of “Anatomy,” which was on The New York Timesbest seller list for 65 weeks, Voelker is often credited with creatingthe modern legal thriller. But he openly admitted “Laughing Whitefish”was the hardest book he ever wrote.

Fletcher said that since “Laughing Whitefish” has beenrepublished many readers have told him that it would “make a goodmovie.” Fletcher said he could see the plot set in the modern era,keeping all the facts, but treating it as if there had never been aSupreme Court decision.

“All the underlying concepts are the same,” he said.