The legacy of Jim Thorpe, a name synonymous with athletic prowess and Native American heritage, has been at the center of a legal and emotional battle for decades. On a pivotal Friday, a federal judge in Pennsylvania issued a ruling that could bring a resolution to this long-standing dispute: the return of Jim Thorpe’s remains to his ancestral homeland in Oklahoma. This decision marks a significant victory for Thorpe’s sons, Bill and Richard Thorpe, and the Sac and Fox Nation, who have tirelessly fought to repatriate his body to the land where he spent his formative years.
Jim Thorpe, born Wa-Tho-Huk, meaning "Bright Path," in 1887 or 1888, was a member of the Sac and Fox Nation. His life was a testament to extraordinary athletic talent and resilience. He rose to international fame at the 1912 Stockholm Olympics, where he won gold medals in both the pentathlon and decathlon, showcasing an unparalleled versatility and skill. However, his Olympic glory was short-lived. In 1913, the International Olympic Committee stripped him of his medals after discovering he had played semi-professional baseball for a brief period before the Games, violating the amateurism rules of the time. This decision cast a shadow over his achievements and sparked controversy that continues to this day.
Beyond the Olympics, Jim Thorpe excelled in professional sports. He played professional football, baseball, and basketball, further solidifying his reputation as one of the greatest athletes of the 20th century. He was a key player in the early years of the National Football League (NFL), playing for several teams, including the Canton Bulldogs, where he also served as coach. His contributions to the sport helped to popularize professional football and shape its development. In baseball, he played for the New York Giants, Cincinnati Reds, and Boston Braves, showcasing his versatility across different sporting disciplines.
Thorpe’s personal life was marked by both triumphs and tribulations. He faced challenges related to his Native American identity and the prevalent societal prejudices of the time. Despite these obstacles, he remained a symbol of strength and determination for Native Americans and athletes alike. He passed away in 1953 in Lomita, California, leaving behind a legacy that continues to inspire generations.
Following his death, his widow, Patsy Thorpe, entered into an agreement with two small towns in Pennsylvania, Mauch Chunk and East Mauch Chunk, facing economic hardship. The towns proposed merging and renaming themselves "Jim Thorpe, Pennsylvania," in exchange for Patsy Thorpe agreeing to bury her husband there. The hope was that the presence of Jim Thorpe’s grave would attract tourists and revitalize the local economy. The agreement was reached, and Jim Thorpe’s body was interred in a mausoleum in the newly-named town, where it has remained for nearly seven decades.
However, this arrangement has been a source of contention for decades. Thorpe’s sons, Bill and Richard, and the Sac and Fox Nation have argued that his remains should be returned to his ancestral lands in Oklahoma. They contend that the agreement with the town of Jim Thorpe, Pennsylvania, was made under questionable circumstances and that it disregards Thorpe’s cultural heritage and the wishes of his descendants. They believe that his final resting place should be in a location that honors his Native American identity and his connection to his tribe.
The legal battle to repatriate Jim Thorpe‘s remains has been complex and protracted. The case has involved interpretations of the Native American Graves Protection and Repatriation Act (NAGPRA), a federal law enacted in 1990. NAGPRA is designed to protect Native American cultural items, including human remains, and to facilitate their return to their rightful owners or lineal descendants.
The town of Jim Thorpe, Pennsylvania, has argued that NAGPRA does not apply in this case, claiming that Thorpe’s remains are not "cultural items" as defined by the law and that the town is not a "museum" or federal agency subject to NAGPRA’s provisions. The town has maintained that the agreement with Patsy Thorpe was a valid contract and that moving his remains would violate the town’s rights and undermine its economic interests.
However, Judge A. Richard Caputo of the U.S. District Court in Pennsylvania sided with Thorpe’s sons and the Sac and Fox Nation. In his 32-page ruling, Judge Caputo rejected the town’s arguments and concluded that NAGPRA does indeed apply in this case. He found that Thorpe’s remains are considered "cultural items" under NAGPRA and that the law’s overarching purpose is to protect Native American cultural heritage and to rectify historical injustices.
Judge Caputo acknowledged that his decision might seem to contradict conventional contract law principles. However, he emphasized that Congress passed NAGPRA to address a history of exploitation of Native American artifacts and remains for commercial purposes. He reasoned that allowing the town of Jim Thorpe, Pennsylvania, to continue profiting from Thorpe’s burial site would perpetuate this exploitation and undermine the intent of NAGPRA.
The ruling was met with jubilation by Thorpe’s family and the Sac and Fox Nation. Stephen R. Ward, the lawyer representing the family and the tribe, hailed the decision as a vindication of their fundamental human rights. Sandra Massey, historic preservation officer of the Sac and Fox Nation, expressed her profound emotional response to the ruling.
Michael J. Sofranko, mayor of Jim Thorpe, Pennsylvania, expressed the town’s disappointment with the decision but indicated that the town had not yet decided whether to appeal. The possibility of an appeal means that the legal battle could continue, prolonging the uncertainty surrounding Thorpe’s final resting place.
The case of Jim Thorpe‘s remains highlights the complex interplay between legal principles, cultural heritage, and historical injustices. It underscores the importance of NAGPRA in protecting Native American cultural items and ensuring that Native American communities have a voice in determining the fate of their ancestors’ remains. The judge’s ruling represents a significant step towards righting a historical wrong and honoring the legacy of one of America’s greatest athletes.
While the legal proceedings continue, the ultimate outcome will have profound implications for the interpretation and application of NAGPRA and for the broader issue of Native American rights and cultural preservation. It serves as a reminder of the enduring importance of respecting cultural heritage and addressing historical injustices, even decades after they occurred. The story of Jim Thorpe continues to resonate, not just as a testament to athletic greatness, but as a symbol of the ongoing struggle for recognition and justice for Native Americans.