UNITED STATES
DEPARTMENT OF THE INTERIOR
OFFICE OF
INDIAN AFFAIRS
CONSTITUTION AND BYLAWS OF THE
HANNAHVILLE INDIAN COMMUNITY
MICHIGAN
APPROVED JULY 23,1936
UNITED STATES
GOVERNMENT PRINTING
OFFICE
WASHINGTON: 1936
CONSTITUTION AND BY-LAWS OF THE HANNAHVIILLE
INDIAN
COMMUNITY
PREAMBLE
We, the Potowatomies residing near Wilson and Harris in Menominee County, Michigan, on lands reserved for the Wisconsin Pototatomies residing in Michigan, in order to form a representative organization, to promote the welfare of our people, to preserve the land for ourselves and our children, and to provide homes for all the Indians of this Community who need them, do establish this Constitution.
ARTICLE I-NAME
The name of this community shall be Hannahville Indian Community.
ARTICLE II-LAND COVERED BY THIS CONSTITUTION
The land within the control of this Community under this Constitution shall include all land now held by the United States for the Wisconsin Potowatomies residing in Michigan purchased under the Act of June 30, 1913 (38 Stat. 102), and any other land which the United States shall acquire for the benefit of these Indians or which this Community shall acquire for itself.
ARTICLE III-MEMBERSHIP
SECTION 1. All persons of Indian blood whose names appear
on the census roll of April 1, 1934, of the Crandon Sub-Agency and who were at
the time of that roll residing or entitled to reside on land bought in Michigan
under the Act of June 30, 1913, and all their descendants who are so residing or
entitled to reside at the time of the adoption of this Constitution are
members of this Community. Within 2 years after the adoption of this
constitution the governing body of the Community may correct the above mentioned
census roll, if necessary, with the approval of the Secretary of the Interior.
SEC. 2. (a) Every child born to any member of the
Community provided such member is a resident of the reservation at the time of
birth of said child shall be a member of this Community
(b) Every child both of whose parents are members of the Community shall be a
member of this Community.
(c) Every child of one-half or
more Indian blood born to any nonresident member of the Community shall be a
member of this Community.
SEC. 3. The members of this
Community may by a majority vote adopt as a member of the Community any person
of Indian blood related by marriage or descent to the members of the Community
who will assist the Community, in the fulfillment of its purposes and also any
other person whose adoption is approved by the Secretary of the Interior.
ARTICLE IV-GOVERNING BODY
SECTION 1. A council composed of the three officers of the
Community and of nine councilmen shall be the governing body of the Community.
Of the members of the council at least one shall be a resident of Wilson, Mich.
SEC. 2. The three officers of the Community shall be the
Chairman, the Secretary, and the Assistant Secretary who shall also be
theTreasurer.
SEC. 3. The three officers and the nine
Councilmen shall be elected annually by the members of the Community on the
first Monday of May except as provided in section 8 of this Article.
SEC. 4. If any vacancy occurs on the Council, the
remaining members of the Council shall designate a member of the Community to
fill the vacancy until the next annual election.
SEC. 5.
The Council shall hold its regular meetings at least every 3 months on the first
Monday of the month, beginning on the first Monday of June, and at such other
intervals as the Council shall decide upon.
SEC. 6. The
Chairman may call special meetings of the Council for consideration of
matters requiring immediate attention.
SEC. 7. A quorum
of the Council shall consist of seven members of the Council.
SEC. 8. The present Council shall call, hold, and
supervise the first election within sixty (60) days after the adoption and
approval of this Constitution and Bylaws, and the councilmen then elected shall
serve until their successors are elected in May, 1937. After the first
election, all election rules shall be made by the Council elected under this
Constitution.
ARTICLE V POWERS 0F THE COUNCIL
SECTION 1. The Council shall have the following powers:
(1) To make assignments of the land of the Community to
members of the Community according to Article VI of this Constitution.
(2) To manage the business affairs and enterprises
of the Community in accordance with the terms of a charter granted to the
Community by the Secretary of the Interior, and to issue a charter to any
group of members of the Community for business purposes.
(3) To create a community fund by levying assessments for the use of
the facilities and property of the community upon members of the Community
whenever the members of the Community shall approve such assessment by vote and
by levying assessments upon nonmembers seeking to use or do business upon the
land of the Community. All assessments on nonmembers shall be subject to review
by the Secretary of the Interior.
(4) To expend
funds from the community fund for the conduct of community business and for the
welfare of the Community.
(5) To protect the health
and well-being of the members of the Community and to develop the arts and
crafts of the Community.
(6) To make rules which
shall be subject to review by the Secretary of the Interior, governing the
conduct of members of the Community, and to set up a Community Court to enforce
these rules.
(7) To protect and preserve the
property, wildlife, and natural resources of the Community, and to license and
control the hunting by nonmembers of the land of Community subject to the
approval of the Secretary of the Interior.
(8) To
prevent the sale, disposition, lease, or encumbrance of community land,
interests in land or other Community assets without the consent of the
Community.
(9) To negotiate with the federal,
state, and local governments on behalf of the Community and to consult with
representatives of the Interior Department on all activities of the Department
that may affect the Hannahville Indian Community.
(10) To confer with the Secretary of the Interior upon all
appropriation estimates or Federal projects for the benefit of the Community
prior to the submission of such estimates to the Bureau of the Budget and
Congress.
(11) To employ legal counsel for the
protection and advancements of rights of the Hannahville Indian Community and
its members, the choice of counsel and fixing of fees to be subject
to the approval of the Secretary of the Interior.
(12) To make rules for its own procedure and the conduct of its business of
governing the Community, and to delegate to committees of the council any of the
foregoing powers reserving the right to review any action taken under such
delegated powers.
SEC. 2. The Council shall not exercise
any of the foregoing powers so as to conflict with any laws of the United States
which apply to the Hannahville Indian Community.
SEC. 3.
Future powers.-The Council of the Hannahville Indian Connnunity may
exercise such further powers as may in the future be delegated to the Council by
the Secretary of the Interior, or by any other duly authorized official or
agency of government or by any member of the Community.
SEC. 4. Reserved powers.-Any rights and powers which the Wisconsin
Potowatomies residing on government-purchased land in Michigan previously had
but which are not expressly referred to in this Constitution may be exercised by
the people of the Hannahville Indian Community through the adoption of
appropriate bylaws and constitutional amendments.
SEC. 5.
Manner of Review. -Any action of the Council which by the terms of this
Constitution is subject to review by the Secretary of the Interior, shall be
presented to the Superintendent of the jurisdiction, who shall within ten (10)
days thereafter, approve or disapprove the same. If the Superintendent
shall approve such action, it shall thereupon become effective, but the
Superintendent shall transmit a copy of the same, bearing his endorsement, to
the Secretary of the Interior, who may within ninety (90) days from the date the
Council decided action, disapprove such action, for any cause, by notifying the
Council of such decision. If the Superintendent shall refuse to approve any
action submitted to him, within ten (10) days after the Council made its
decision, he shall advise the Council of his reasons therefor. If these
reasons appear to the Council insufficient, it may, by a majority vote, refer
the action to the Secretary of the Interior, who may, within ninety (90) days
from the date the Council made its decision, approve the same in writing,
whereupon the action of the Council shall become effective.
ARTICLE VI-ASSIGNMENTS OF LAND
SECTION 1. Every member of the Community who has an
assignment at the time of the adoption of this constitution or who is assigned
land by the Council under this constiton shall have the right to hold the
assignment as long as he lives. But if any assignee fails to hold his assignment
for a period of l year, the Council shall cancel his assignment and reassign the
land to another needy member unless good cause is shown why an extension of time
should be granted. The Council shall not cancel any assignment without giving
the person who possesses the assignment notice and opportunity to explain his
case.
SEC. 2. When any member of the Community who
possesses an assignment of land dies, the Council shall give preference to his
heirs in reassigning the land, if the heirs are in need of land.
SEC. 3. If any person, has made improvements on his
assignment and his assignment is reassigned because of failure to use the
assignment or because of death, to some other member of the Community who is not
his heir, the person to whom the land is reassigned shall pay the person who
made the improvements or his heirs the value of such improvements as determined
by the Council.
SEC. 4. The Council shall decide in
each individual case the number of acres which shall be included in an
assignment according to the needs of the applicant for the assignment and the
purposes for which he is going to use the land.
SEC. 5.
The Council shall make all further necessary rules governing assignments, which
shall be subject to review by the Secretary of the Interior.
ARTICLE VII-AMENDMEN'TS
This Constitution and bylaws may be amended or revoked by a majority vote of the qualified voters of the Hannahville Indian Community voting in an election called for that purpose by the Secretary of the Interior, provided that at least thirty (30) percent of those entitled to vote, shall vote in such election but no amendment shall become effective until it shall have been approved by the Secretary of the Interior. It shall be the duty of the Secretary of the Interior to call an election on any proposed amendment at the request of the Council.
ARTICLE I---QUALIFCATIONS FOR VOTING AND HOLDING OFF1CE
SECTION 1. Every member of the Hannahville Indian
Community who has attained the age of 21 years shall be entitled to vote.
SEC. 2. Every member of the Hannahville Indian
Community who has attained the age of 25 years shall be eligible to be elected
to the Council.
ARTICLE II-DUTIES OF OFFICERS
SECTION 1. The Chairman of the
Council shall preside over all meetings of the Council, perform all duites of a
chairman exercise any authority laid upon him by the Council, and shall perform
all duties of a chairman and exercise any authority laid upon him by the
Council, and shall carry on all necessary communications between the
Superintendent and the Council. The Chairman shall notify the Council of
all communications he has received.
SEC. 2. The Secretary
of the Council shall keep an accurate record of all matters transacted at
the Council meetings. It shall be his duty to make a copy of all minutes
of regular and special meetings of the Council, which copy shall be sent to the
Superintendent.
SEC. 3. The Assistant Secretary
shall assist the Secretary as directed by the Council and shall act as Treasurer
for the Hannahville Indian Community. As Treasurer, he shall accept, receipt
for, and safeguard all funds in the custody of the Council. He shall deposit all
such funds in such bank or elsewhere as directed by the Council and shall
account for the amount of all funds in his possession upon the request of the
Council.
He shall not pay out or otherwise disburse any
funds in his possession or in the posession of the Council except when properly
authorized so to do by resolution duly passed by the Council.
The books and, records of the Treasurer shall be audited
at least once each year and at such other tumes as the Council or the
Commissioner of Indian Affairs may direct, in such manner as may be directed by
the Council. The Assistant Secreiary shall be required to give surety bond
satisfactory to the Council and the Commissioner of Indian Affairs to cover his
functions as treasurer. Until sufficient funds have been accumulated in the
Community Treasury to justify payment for a surety bond the Council shall make
such other provisions for safeguarding community funds as they may consider
advisable.
The Assistant Secretary shall be present at
all special or regular meetings of the Council.
ARTICLE III-SALARIES
The Council may prescribe such salaries of officers or members of the Council as it deems advisable, from such funds as may be available, provided that no compensation shall be paid to any Councilman or other officers out of Community Funds under control of the Federal Government except upon a resolution stating the amount of compensation and the nature of services rendered, and the resolution shall be of no effect until approved by the Secretary of the Interior.
ARTICLE IV-PROCEDURE FOR ADOPTION
This Constitution and the attached bylaws, when adopted by a majority vote of the adult Potawatomies residing on the land reserved near Wilson and Harris, Michigan, for the Wisconsin Potawatomies residing in Michigan voting at special election called by the Secretary of the Interior, in which at least thirty (30) percent of those entitled to vote shall vote, shall be submitted to the Secretary of the Interior for his approval, and shall be in force from the date of such approval.
CERTIFICATION OF ADOPTION
Pursuant to an order, approved May 29, 1936, by Secretary of the Interior, the attached Constitution and Bylaws was submitted for ratification to the adult Indians residing near Wilson and Harris in Menominee County, Michigan, and was on June 27, 1936, duly adopted by a vote of 41 for, and none against in an election in which over 30 percent of those entitled to vote cast their ballots in accordance with section 16 of the Indian Reorganization Act of June 18,1934, (48 Stat. 984), as amended by the Act of June,15, 1935 (49 Stat. 378).
RICHARD MESHIGAUD,
Chairman of Election Board.
PERCY THUNDER,
Secretary of Election Board.
J.C. CAVILL, Superintendent.
I, Harold L. Ickes, the Secretary of the Interior of the
United States of America, by virtue of the authority granted me by the act of
June 18, 1934 (48 Stat. 984), as amended, do hereby approve the attached
Constitution and Bylaws of the Hannahville Indian Community.
All rules and regulations heretofore promulgated by the
Interior Department or by the Office of Indian Affairs, so far as they may be
incompatible with any of the provisions of the said Constitution or Bylaws are
hereby declared inapplicable to these Indians.
All
officers and employees of the Interior Department are ordered to abide by the
provisions of the said Constitution and Bylaws.
Approval
recommended July 13, 1936.
WILLIAM
ZIMMERMAN, JR.
Acting Commissioner of Indian Affairs
HAROLD L. ICKES,
Secretary of the Interior.
[SEAL]
WASHINGTON, D. C., July 23,1936.