DEPARTMENT OF THE INTERIOR
OFFICE OF INDIAN AFFAIRS
CONSTITUTION AND BYLAWS OF THE
HANNAHVILLE INDIAN COMMUNITY
APPROVED JULY 23,1936
GOVERNMENT PRINTING OFFICE
CONSTITUTION AND BY-LAWS OF THE HANNAHVIILLE
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.
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.
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.
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.
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).
Chairman of Election Board.
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.
Acting Commissioner of Indian Affairs
HAROLD L. ICKES,
Secretary of the Interior.
WASHINGTON, D. C., July 23,1936.