DEPARTMENT OF THE INTERIOR
OFFICE OF INDIAN AFFAIRS
NORTHERN CHEYENNE TRIBE OF THE
TONGUE RIVER RESERVATION
RATIFIED NOVEMBER 7, 1936
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1937
CORPORATE CHARTER OF THE NORTHERN CHEYENNE
TRIBE OF THE TONGUE RIVER RESERVATION
A FEDERAL CORPORATION CHARTERED UNDER THE ACT OF JUNE 18, 1934
Whereas, the Northern Cheyenne Tribe of the Tongue River Reservation in Montana is a recognized Indian Tribe organized under a constitution and by-laws ratified by the Tribe on November 2, 1935 and approved by the Secretary of the Interior on November 23, 1935 pursuant to section 16 of the Act of June 18, 1934, (48 Stat. 984), as amended by the Act of June 15, 1935 (49 Stat. 378); and
Whereas, more than one-third of the adult members of the Tribe have petitioned that a charter of incorporation be granted to such Tribe, subject to ratification by a vote of the adult Indians living on the reservation;
Now, therefore, I, T. A. Walters, Acting Secretary
of the Interior, by virtue of the authority conferred upon me by the said
Act of June 18, 1934, (48 Stat. 984), do hereby issue and submit this charter
of incorporation to the Northern Cheyenne Tribe of the Tongue River Reservation
to be effective from and after such time as it may be ratified by a majority
vote in an election at which at least thirty per cent of the adult Indians
living on the reservation shall vote.
|Corporate Existence and Purposes.||
1. In order to further the economic development of the Northern Cheyenne Tribe of the Tongue River and Reservation in Montana by conferring upon the said Tribe certain corporate rights, powers privileges and immunities; to secure for the members of the Tribe an assured economic independence; and to provide for the proper exercise by the Tribe of various functions heretofore performed by the Department of the Interior, the aforesaid Tribe is hereby chartered as a body politic and corporate of the United States of America, under the corporate name "The Northern Cheyenne Tribe."
2. The Northern Cheyenne Tribe shall, as a Federal Corporation, have perpetual succession.
3. The Northern Cheyenne Tribe shall be a membership corporation. Its members shall consist of all persons now or hereafter members of the Tribe, as provided by its duly ratified and approved Constitution and By-laws.
4. The Tribal Council of the Northern Cheyenne Tribe established in accordance with the said Constitution and By-laws of the Tribe, shall exercise all the corporate powers hereinafter enumerated.
5. The Tribe, subject to any restrictions contained in the Constitution and laws of the United States, or in the Constitution and By-laws of the said Tribe, shall have the following corporate powers, in addition to all powers already conferred or guaranteed by the Tribal Constitution and By-laws:(a) To adopt, use, and alter at its pleasure a corporate seal.
|Termination of Supervisory Powers.||
6. Upon the request of the Tribal Council for the termination of any supervisory power reserved to the Secretary of the Interior under sections 5 (b) (3), 5 (c), 5 (e), 5 (f), 5 (g), 5 (h), and section 8 of this charter, the Secretary of the Interior, if he shall approve such request, shall thereupon submit the question of such termination to the Tribe for a referendum vote. The termination shall be effective upon ratification by a majority vote at an election in which at least thirty per cent of the adult members of the Tribe residing on the reservation shall vote. If at any time after five years from the effective date of this charter, such request shall be made and the Secretary shall disapprove it or fail to approve or disapprove it within ninety days after its receipt, the question of the termination of any such power may then be submitted by the Secretary of the Interior or by the Tribal Council to popular referendum of the adult members of the Tribe actually living within the reservation and if the termination is approved by two-thirds of the eligible voters, shall be effective.
7. No property rights of the Northern Cheyenne Tribe, as heretofore constituted, shall be in any way impaired by anything contained in this charter, and the tribal ownership of unallotted lands, whether or not assigned to the use of any particular individuals is hereby expressly recognized. The individually owned property of members of the Tribe shall not be subject to any corporate debts or liabilities, without such owners' consent. Any existing lawful debts of the Tribe shall continue in force except as such debts may be satisfied or canceled pursuant to law.
8. The Tribe may issue to each of its members a non-transferable certificate of membership evidencing the equal share of each member in the assets of the Tribe and may distribute per capita, among the recognized members of the Tribe, all profits of corporate enterprises or income over and above sums necessary to defray corporate obligations and over and above all sums which may be devoted to the establishment of a reserve fund, the construction of public works, the costs of public enterprises, the expenses of tribal government, the needs of charity, or other corporate purpose. No such distribution of profits or income in any one year amounting to more than $25.00 per capita shall be made without the approval of the Secretary of the Interior. No distribution of the financial assets of the Tribe shall be made except as provided herein or as authorized by Congress.
9. The officers of the Tribe shall maintain accurate and complete public accounts of the financial affairs of the Tribe, which shall clearly show all credits, debts, pledges, and assignments, and shall furnish an annual balance sheet and report of the financial affairs of the Tribe to the Commissioner of Indian Affairs. The books of the Treasurer shall be open to inspection by members of the Tribe or duly authorized representatives of the Government at all reasonable times.
10. This charter shall not be revoked or surrendered except by act of Congress, but amendments may be proposed by resolutions of the Council which, if approved by the Secretary of the Interior, shall be effective when ratified by a majority vote of the adult members living on the reservation at a popular referendum in which at least 30 per cent of the eligible voters vote.
11. This charter shall be effective from and after the date of its ratification by a majority vote of the adult members of the Northern Cheyenne Tribe living on the Tongue River Reservation, provided at least 30 per cent of the eligible voters shall vote, such ratification to be formally certified by the Superintendent of the Tongue River Agency and the Chairman of the Tribal Council of the Tribe.
T. A. WALTERS,
WASHINGTON, D. C., October 24, 1936.
CERTIFICATE OF REFERENDUM ELECTION ON ACCEPTANCE OF
CHARTER TONGUE RIVER RESERVATION
We, the undersigned, hereby certify that in accordance with instructions of the Acting Secretary of the Interior, as contained in his letter of October 24, 1936 to the Superintendent, and in the corporate charter of the Northern Cheyenne Tribe of the Tongue River Reservation, an election was held on November 7, 1936, for the purpose of voting upon the ratification of the said charter.
We further certify that at this election 529 votes were cast by qualified electors and that as the total number of eligible voters is 744, the total of the votes cast is more than 307% of the eligible voters.
We further certify that we have completed an official count of these votes, the result of which shows the following:
In view of the above, we hereby certify that the aforesaid charter has been duly ratified and has become effective as provided in section 17 of the Act of June 18, 1934 (48 Stat. 984).Votes in favor of the adoption of charter -------------------- 448Total ----------------------------------------------- 529
Votes opposed to adoption of charter ---------------------- 73
Votes rejected as illegal or spoiled -------------------------- 8
CHAS. H. JENNINGS,