DEPARTMENT OF THE INTERIOR
OFFICE OF INDIAN AFFAIRS
OF WESTERN SHOSHONE INDIANS
STATE OF NEVADA
RATIFIED DECEMBER 12, 1938
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1939
CORPORATE CHARTER OF THE TE-MOAK BANDS OF WESTERN
SHOSHONE INDIANS OF THE STATE OF NEVADA
A FEDERAL CORPORATION CHARTERED UNDER THE ACT OF JUNE 18, 1934
Whereas, the Te-Moak Bands of Western Shoshone Indians of the State of Nevada constitute a recognized Indian tribe organized under a constitution and by-laws ratified by the residents of the Elko Government Colony on May 31, 1938, and approved by the Secretary of the Interior on August 24, 1938, 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 Te-Moak Bands of Western Shoshone Indians have petitioned that a charter of incorporation be granted to such Indians, subject to ratification by a vote of the adult Indians who are members of said Bands;
Now, therefore, I, Oscar L. Chapman, Assistant 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 Indians of the Te-Moak Bands of Western Shoshone
Indians to be effective from and after such time as it may be ratified
by a majority vote of the adult Indians who are members of said Bands and
who are residing on the Elko Government Colony at the time of an election
for ratification hereof in which at least thirty per cent of the eligible
|Corporate Existence and Purposes.||
1. In order to further the economic development of the Te-Moak Bands of Western Shoshone Indians in the State of Nevada by conferring upon the said Indians certain corporate rights, privileges and immunities; to secure for the members of the Tribe an assured economic independence; and to provide for the proper exercise by the Indians of various functions heretofore performed by the Department of the Interior, the aforesaid Indians are hereby chartered as a body politic and corporate of the United States of America, under the corporate name "The Te-Moak Bands of Western Shoshone Indians of Nevada."
2. The Te-Moak Bands of Western Shoshone Indians of Nevada shall, as a Federal corporation, have perpetual succession.
3. The Te-Moak Bands of Western Shoshone Indians shall be a membership corporation. Its members shall consist of all persons now or hereafter members of the Te-Moak Bands of Western Shoshone Indians of Nevada, as provided by their duly ratified and approved constitution and by-laws.
4. The Te-Moak Western Shoshone Council established in accordance with the said constitution and by-laws of the Te-Moak Bands of Western Shoshone Indians, shall exercise all the corporate powers hereinafter enumerated.
5. The Te-Moak Bands of Western Shoshone Indians, subject to any restrictions contained in the constitution and laws of the United States, or in the constitution and by-laws of the said Te-Moak Bands of Western Shoshone Indians, 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 request by the Te-Moak Western Shoshone Council for the termination of any supervisory power reserved to the Secretary of the Interior under Sections 5 (b) (2), 5 (d), 5 (f), 5 (g), 5 (h), and section 8 of this Charter, the Secretary of the
7. No property rights of the members of the Te-Moak Bands of Western Shoshone Indians of Nevada shall be in any way impaired by anything contained in this Charter, and the ownership by the Indians 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 may be satisfied or canceled pursuant to law.
8. The Council may issue to each of the members of the Te-Moak Bands of Western Shoshone Indians of Nevada 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 income of the Tribe over and above sums necessary to defray corporate obligations to members of the Tribe or to other persons, 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 in any one year amounting to a distribution of more than one-half of the accrued surplus, shall be made without the approval of the Secretary of the Interior. No financial assets of the Te-Moak Bands shall be distributed except as provided herein.
9. The officers of the Te-Moak Bands of Western Shoshone Indians of Nevada shall maintain accurate and complete public accounts of the financial affairs of the Indians, 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.
10. This Charter shall not be revoked or surrendered except by Act of Congress, but amendments may be proposed by resolutions of the Te-Moak Western Shoshone Council, which, if approved by the Secretary of the Interior, shall be effective when ratified by a majority vote of the adult members of the Tribe at a popular referendum in which at least thirty 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 Te-Moak Bands who reside in the Elko Government Colony, provided at least thirty per cent of the eligible voters shall vote, such ratification to be formally certified by the Superintendent of the Carson Indian Agency and the Chairman and Secretary of the Te-Moak Bands.
OSCAR L. CHAPMAN,
WASHINGTON, D. C., October 28, 1938.
Pursuant to section 17 of the Act of June 18, 1934 (48 Stat. 984), this Charter, issued on October 28, 1938 by the Assistant Secretary of the Interior to the Te-Moak Bands of Western Shoshone Indians of the State of Nevada, was duly submitted for ratification to the adult members of said Bands residing in the Elko Government Colony and was on December 12, 1938, duly ratified by a vote of 37 for, and 2 against, in an election in which over 30 per cent of those entitled to vote cast their ballots.
ALIDA C. BOWLER,
Superintendent, Carson Indian Agency.