TAMA - Just hours after an election for a new Tribal council, federal agents arrived at the Meskwaki Indian Settlement this morning, with a court order in hand to put a end to gaming at the Meskwaki Bingo-Casino-Hotel.

The marshals arrived about 5 a.m. law enforcement was called in to keep U.S. Highway 30 open after a large crowd gathered near the casino. The hotel and buffet line remained open, however there was no gaming taking place.

The action was taken just hours after a tribal election, held in an attempt to resolve a dispute between elected and appointed tribal councils. The appointed council, picked by the tribe's hereditary chief, took tribal control from an elected council two months ago, citing malfeasance by the elected council members and their refusal to recognize recall election petitions.

The appointed council, picked by the tribe's hereditary chief, won the election, which was monitored by outside observers but not recognized by the elected council.

It will be up to the Bureau of Indian Affairs and the Department of Interior to recognize the election results.

"We are waiting to send the vote from last night to Washington … We expect to have the appointed council in place today and have the casino open today," said Betsy McCloskey, the executive director of marketing at the casino.

The National Indian Gaming Commission ordered the casiono closed on May 13 because the federally recognized tribal council, the elected council, was not in control. U.S. District Court Judge Linda Reade was asked to enforce the closure order on Monday.

Casino marketing director McCloskey said they were served with orders to close temporarily.

Of the 830 members eligible to vote, 420 cast ballots Thursday. And 410 of them (98 percent ) voted for Homer Bear Jr., the chairman of the appointed council. It was a higher turnout than the last regular tribal election.

Earlier Thursday, elected tribal council chairman Alex Walker Jr. reiterated that he would not recognize the results of the election and that he had told his supporters not to vote. He said only a handful of people would vote. However more people voted in Thursday's election than in previous years.

"Alex is a king without a kingdom" said Thomas Jochum, the spokesman for the appointed council.

Jochum said this morning that Walker could end the dispute now by recognizing the record vote of the people.

"They are not dealing with a rational man," Jochum said of Walker. "The results of that election spoke loud and clear where the people are. If Alex Walker cares about the people he will recognize their vote … and keep the casino open."

On Thursday night, the crowd of 100 people cheered in the gymnasium of the tribal center while results for the appointed Meskwaki tribal council were read. They laughed and booed when Alex Walker Jr.'s tally was read. The chairman of the elected council had received only six votes.

McCloskey said with the landslide victory the bureau will have no choice but to recognize the appointed council.

In the 2001 regularly scheduled election 357 ballots were cast, a 44 percent turnout. In that election, Frank Wanatee, Jr., received the most votes, garnering 204.

Thursday's election was conducted by independent judges who also counted the ballots with media present. State Sen. Bill Dotzler, of Waterloo, who took part said he wanted to guarantee that it was a fair election and that anyone who was eligible to vote had the chance to. He said he has friends on both councils.

"I want to make sure the election is being held in a fair and open matter. There is no doubt at least on how the ballots were being cast," Dotzler said.

It will be up to the Bureau of Indian Affairs though to determine whether they should recognize the election, he said.

Thursday night ended in a song and "honor" dance. Tribe members and the judges gathered and danced around drummers in a circle, a haze of the smoke from the tribal fire lingering above them.

"The uncertainty of the last two months can now be replaced with a new hope for the future," Bear said in a prepared statement.

Charles Old Bear, the tribe's hereditary chief said he would not speak but offered a prepared statement telling the other side that now is the time to heal. The children, he said, have learned a valuable lesson.

"Those among them who will one day lead this Tribe, have learned that you cannot lead when your followers go a different direction. You cannot govern without the consent of the governed."