CONSTITUTION AND BYLAWS OF THE

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CHIPPEWA CBEE INDIANS OF THE

ROCKY BOY’S RESERVATION

MONTANA

UNITED STATES

DEPARTMENT OF THE INTERIOR

OFFICE OF INDIAN AFFAIRS

CONSTITUTION AND BYLAWS OF THE

CHIPPEWA CREE INDIANS OF THE

ROCKY BOY’S RESERVATION

MONTANA

APPROVED NOVEMBER 23, 1935

i o

UNITED STATES

GOVERNMENT PRINTING OFFICE

WASHINGTON 1936

—

CONSTITUTION AND BYLAWS OF THE CHIPPEWA

CREE INDIANS OF THE ROCKY BOY’S RESERVATION,

MONTANA

Preamble

We, the original and adopted members of the Rocky Boy’s Band

of Chippewas enrolled upon the Rocky Boy’s Reservation in the

State of Montana, in order to exercise our rights to self-government,

to administer all tribal affairs to the best advantage of the individual

members, and to preserve and increase our tribal resources, do ordain

and establish this Constitution of the Chippewa Cree Tribe of the

Rocky Boy’s Reservation, Montana.

Article I

—Territory

The jurisdiction of the Chippewa Cree Tribe of the Rocky Boy’s

Reservation, Montana, shall extend to the territory within the Rocky

Boy’s Reservation as established b}^ act of September 7, 1916 (39

Stat. 739), amending the act of February 11, 1915 (38 Stat. 807),

in the State of Montana, and to such lands as have been or may

hereafter be acquired and added to the Reservation by law.

Article II

Section

Membership

The membership of the Chippewa Cree Tribe shall

consist as follows:

(a) All members of the Rocky Boy’s Band of Chippewas enrolled

as of June 1, 1934.

(b) All children born to any member of the Chippewa Cree Tribe

of the Rocky Boy’s Reservation who is a resident of the reservation

at the time of the birth of said children.

nonresident member of the tribe.

(d) Any person shall lose his membership if after the adoption

of this Constitution he is away from the reservation for a period

of ten years unless within that period he applies to the Business

Committee for extension of his membership and the Business ComAny extension of

mittee acts favorably upon such application.

membership shall be construed to include all absentee children

of such member. Likewise, loss of membership by the parent shall

be construed to include loss of membership by his absentee children.

Section 2. Any Indian, one-half blood or more and a resident of

Montana, not a member of any other reservation, may become a

member of this organization provided that two-thirds or more of

the eligible voters cast their ballots at such election, and provided

35740—35

(1)

—

further that two-thirds of those voting at such

election vote in

favor of such adoption. All elections to membership

shall be confirmed by the Secretary of the Interior.

ArtIi “ III

Article

‘

Organization ur

of uuvauuflu

Governing B®I

Body

The governing body of the Chippewa Cree Tribe shall

7be Section

known as the Business Committee.”

Section 2. The Business Committee shall consist of nin4 members,

who shall be known as “Representatives” and chosen from the

districts which they represent.

Section 3.

1 he electoral districts

are designated as follows

Sf-V

—

'Z Duck

and the representation of each

2 representatives.

Greek jl.

2 representatives.

er ~

l representative.

There shall also\be a representative from the reservation at large.

The present Business Committee shall designate the boundaries

of each district pnohto the election of the first Business Committee

as provided in this Constitution, and the Business

Committee hereafter shall have the authority to change the boundaries

of the districts provided that any >such change in districts

shall be subject

to approval of the voters at ohe annual election.

Section 4. I he Business Committee so organized shall elect from

within its own number (1) a Chairman, and from within

or outside of its own number (2) Secretary,

(3) Treasurer, and (4) such

other officers and committees as An ay be deemed necessary

The

Business Committee shall determin\the term of office for each

these officials and for any other officials or committees that

may be

appointed.

Section 5. The first election of representatives shall be held within

30 days after ratification, of this Constitution and approval thereof

by the Secretory of the/interior, and shallV called and supervised

by the Superintendent, of the reservation.

Section 6. The tepfn of office of each representative shall be two

years, except, at tM first election, the term of one of the two

repre-

•

sentatives from /the Sangrey, Haystack, and Parker districts,

and

the representative of the Duck Creek District shall expire

14 days

after the first/ annual election held as provided hereafter,

and the

term of t hr remaining representatives shall expire 14 days after

the second annual election and thereafter, the terS of each

;

representative, shall be two years from the date of entrance in office.

Of {he representatives from the Sangrey, Haystack, and Parker

distryto elected at the first election, those receiving the highest

votes

shall' serve 2-year terms and those receiving second

highest votes

shall serve 1-year terms, unless prior to the first election

the present

Rocky Boys Tribal Council shall establish some alternative manyfer^if allotting the different terms of office.

Section 7. The general election of representatives to th\ Business

Committee shall be held annually on the last Saturday in Jufie.

Section 8. Representatives may receive not to exceed

$3 per dien \

while attending business meetings paid from available tribal'

funds

—

within the exclusive control of the Business

raised by tribal taxation.

Committee or funds

—Elections and Nominations A**^™^*

Mm Hi

Article IV

Si^tion 1. Any resident member twenty-one years of age at the

time affection shall be eligible to vote at any general election.

Section 2. General elections of district representative^shall be

by districts^sqnd the Business Committee shall design at^the polling

‘

places for eachsdistrict.

Section 3. AlNmting shall be by secret ballot.

Section 4. Members to be eligible for office^ of representatives

must have the following qualifications

District Representative must be a member (man or woman) who

has resided two years on hjs or her selection or the selection of his

wife or her husband and within the District two years immediately

prior to election and must be at. feast 2£> years of age. The Representative at Large must be a member At least 65 years of age.

Section. 5. Any man or womaiCeligible to become a member of

the Business Committee who ^vvfshe\to run for office shall register

with the Secretary of the Business Committee as a candid ate fifteen

days before^date of election, and a list of^ candidates shall be posted

jhi

each. district.

Section 6. Each district shall elect its district representatives and

the reservation as a whole shall elect the Representative at Large.

Section 7. The candidate receiving the largest number of votes

shall be elected.

Section 8 Elected representatives shall enter office fourteen days

from the date oi the general election.

Section 9. All elections shall be held in accordance^ with the rules

and regulations laid down by the Business Committee\

Section 10. The Business Committee shall be the sfcfe judge of

the qualifications of its members.

Article V

—Vacancies and Removal From Office

Section Y. I f a representative or official shall die, resign, permanently leave the reservation, or shall be found guiRy of a felony or

misdemeanor involving dishonesty in any Indiap^State, or FederaL

Court, the Business Committee shall declare tire position vacant and\

shall call a district special election to fill^tfch vacancy.

Section 2. The Business Committee lhay by an affirmative vote of

six members expel any member for neglect^ of duty or gross misconduct provided that the accused member shalHre given full and fair

opportunity to reply tji>^my and all charges aiSa.. designated Committee meeting. It is further stipulated that any sufchmember shall

least five

be given a written statement of the charges against

days^befofe the meeting at which he is to appear.

him^

Article VI

Powers of the Com mitte e

Section 1. The Business Co mmittee of the Chippewa Cree Tribe j/

of the Rocky^i>yVTt^rvation. shall exercise the following powers

subjectJte-^hy limitations imposed by the.^tatutes or the Const itu-

/fion of the United States, and subject further to all express, restrictive nnAn

upon such powers contained in this Constitution 4nd the

tions

attached Bylaws.

(a) To negotiate with the Federal, State, and local Governments

on behalihof the tribe and to advise and consult with repi^sentatives

of the Interior Department on all activities of the Department that

may affect thk Rocky Boy’s Reservation.

legal counsel for the protection and /advancement

(b) To

of the Chippewa\Cree Tribe and its members, the choice of counsel

and the fixing of ijees to be subject to the approval o^ the Secretary

of the Interior.

of tribal lands, interests in lands or other tribal/ assets, including

executed by the

authorized

oil, gas, and minerals\vhich may be

Secretary of the InterioV the Commissioner of Indian Affairs, or any

other official or agency oil Government, provide (j th at no tribal lands

shall ever be sold, encumbered, or leased for a/period exceeding five

years, except for Governmental purposes.

(d) To advise the Secretary of the Inte/ior with regard to all

appropriation estimates or Vederal projects for the benefit of the

Rocky Boy’s Reservation prim* to the submission of such estimates to

the Bureau of the Budget anckto Congres^s.

(e) To approve applications for selections of land in conformity

with Article VI of this Constitution.

ff airs /and enterprises of the Chip(f) To manage all economic

pewa Cree Tribe, including tribaNands', tribal timber, tribal saw mill,

tribal flour mill, tribal community sj/ore, and any other tribal activities, in accordance with the terms oYa charter which may be issued to

the tribe by the Secretary of the InArior.

economic purposes

(g) To charter subordinate organizations for

and regulate the activities of all cjoopeVtive associations of members

of the Chippewa Cree Tribe,

(h) To appropriate for pubnc purpdfees of the Reservation any

available tribal funds, provided that anAsuch appropriation made

prior to July 1, 1940, shall be/subject to review by the Secretary of

the Interior.

(i) To levy taxes upon members of the Chippewa Cree Tribe and

to require the performance/ of community labm* in lieu thereof, and

to levy taxes or license f^es, subject to review\bv the Secretary of

the Interior, upon nonn>embers doing business \vithin the reserva-

empW

tion.

(j)

To exclude frony the restricted lands of the^tocky Boy’s Res-

ervation persons not /legally entitled to reside thei rin, under ordiecretary of the

nances which shall/oe subject to review by the

Interior.

(k) To

enact /resolutions or ordinances not inconsistent with

Article I of thi^/Constitution governing adopting and abandonment

of membershi

(l) To pr(/Oiulgate and enforce ordinances which shall be\subject

to review- bf the Secretary of the Interior governing the conduct of

members pi the Rocky Boy’s Reservation and providing fok the

maintenance of law and order and the administration of justice

by establishing a reservation court and defining its duties and

\powers.

To administer all estates and determine heirs m accordance

approval

subject^-tfie

witl^orifinances of the tribe which shall be

,•

of the Secretary of the Interior.

culture, and tradi(n) To encotrrage and foster thearts^^fafts,

tions of the ChippeW-Qree Tribe^^

any part of a selection \

(o) To acquire and u^erCpublic purposes

ComBusiness

the

paid

provided that adcquate^mpensatinn is

""7

mittee to the-hdlder of such selection.

••

, ,,

tribes/

(pi^TCregulate the domestic relations of members of the

anti

of guardians for minors

(q) To provide for the apointment

approval

incompetents by ordinances or resolutions subject to

mental

of the Secretary of the Interior.

(r)

To make rules and regulations governing all elections pro-

....

_ ,

vided for in this Constitution.

hunting and fishing within

(s) To adopt ordinances governing

the confines of the reservation.

to cooperative associa(t) To delegate to subordinate boards or

tribe any of the forethe

members

all

tions which are open

taken by

going powers, reserving the right to review any action

power.

virtue of such delegated

which

Section 2. Manner of review Any resolution or ordinance

Secrethe

review

subject

Constitution

by the terms of this

of the

tary of the Interior, shall be presented to the Superintendent

approve or

Reservation, who shall, within ten (10) days thereafter,

IMNMNMMMMMMK!

—

disapprove the same.

, ...

resolution,

If the Superintendent shall approve any ordinance or

but the Superintendent shall

it shall thereupon become effective,

endorsement, to the Secrehis

bearing

same,

transmit a copy of the

the date

tary of the Interior, who may within ninety (90) days from

cause,

any

for

resolution

ordinance

said

of enactment, rescind the

by notifying the Business Committee of such decision.

If the Superintendent shall refuse to approve any resolution

enactordinance submitted to him, within ten (lO) days after its

Boys

ment. he shall advise the Business Committee of thg Rocky

the

Reservation of his reasons therefor. If these reasons appear to

refer

vote,

majority

may,

Business Committee insufficient,

who may,

the ordinance or resolution to the Secretary of the Interior,

the

approve

enactment,

its

date

the

within ninety (90) days from

same in writing, whereupon the said ordinance or resolution shall

become effective.

Section 3. Future 'powers

the Rocky

—The Business Committee ofmay

in the

Boy’s Reservation may exercise such further powers as

future be delegated to the Business Committee by the members

authorduly

other

any

Interior,

the Tribe, the Secretary of the

ized official or agency of government,

Section 4. Reserved powers— Any rights and powers heretofore

not

vested in the tribe or band of the Rocky Boy’s Reservation but

abridged

not

shall

Constitution

expressly referred to in this

Boy s

this article, but may be exercised by the people of the Rocky

Reservation through the adoption of appropriate bylaws and consti-

...

tutional amendments.

Article VII

—Popular Participation in Government

Section 1 All regular meetings of the Business Committee shall

be open to the public, but visitors may not interfere with proceedings,

and may only speak with the consent of the Chairman.

Section 2. All resolutions and ordinances of the Business Committee shall be placed in writing and posted in public places, and

copies shall also be placed with each r epresentati ve £

Article VIII

—Beferendum

1. Upon a petition of at least one-haJi-<rf^^

ters oOhe-ChippPwa Cree Tribe or uponjlie^fequest of a majority

Section

ot the membersoTthes.Business Comniiit^any enacted or proposed

ordinance or resolution of<h^B«Smess Committee shall be submitted

to popular referendunn^aila^^

of a majority of the qualified

voters in such refependum shalibe-^onclusive and binding on the

Committee i_^M^rVicred three-fourths or^ore of the eligible voters

participate in such referendum.

—Tribal Lands

Article IX

Section 1

No lands now within the reservation boundary, held

may be alienated nor may title pass to any

in trust for the tribe,

individual.

Section 2. Any head of a family who is a member shall be entitled

to the use of not more than 160 acres of land, such land to be known

u a selection.”

Section 3. Applications for selections shall be presented in writing

to the Business Committee.

Section 4. The applicant shall be investigated by the Business

Committee before action may be taken on his application.

Section 5. The applicant upon approval of application shall reside upon selection and do a reasonable amount of improvement for

two years before selection is finally approved.

Section 6. All selections approved by the Superintendent of the

reservation at the time of the approval of this Constitution shall

remain in effect.

Section 7. If any man has allowed his selection to run down, and

has made no effort to keep up improvements and make a reasonable

use of his land, the Business Committee shall have the right to

cancel his selection after due hearing, and to reassign his land to an

eligible member of the tribe provided that such member shall pay

to the former occupant of the land the value of all his improvements

as determined by an appraisal board appointed by the Business

Committee. This valuation of the board shall be subject to review

and modification by the Business Committee upon appeal by the

man who loses his selection. The Business Committee may allow the

man to remain in his house without the use of the land and reassign

the land to any other eligible member.

Section 8 Tribal lands not assigned as selections may be used in

common for grazing purposes by all members in accordance with

ordinances or resolutions enacted by the Business Committee, or may

be leased by the Business Committee with the approval of the Secretary of the Interior in accordance with law. Preference shall be

(

—

;

given, first, to Indian cooperative associations, and, secondly, to

individual Indians who are members of the Chippewa Cree Tribe.

No lease of tribal lands to a nonmember shall be made by the ^

Business Committee unless it shall appear that no Indian cooperative

association or individual member of the tribe is able and willing to

use the land and to pay a reasonable fee for such use, provided

no individual member of the tribe or cooperative association shall

be given any perference as to the use of tribal land unless the stock

of such individual member or association is restricted stock and bears

the ID brand.

Section 9. Improvements of any character made upon selections

may be willed to and inherited by members of the Chippewa Cree

Tribe. When improvements are not possible of fair division, the

Business Committee shall dispose of them under such regulations as

it may provide.

No permanent improvements may be removed from

any land without the consent of the Business Committee.

Article

Amendments

Section 1 This Constitution and Bylaws may be amended by a

majority vote of the qualified voters of the tribe voting at 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 upon presentation of a petition signed by tw$>thirds of

the efeible voters of the tribe

14 ,

bylaws

.Section

May tl. 1*17*—

Organization of Business Committee and Duties or\

Omb^rs

(a) NQie officers of the Business Committee shall be tWChairman,

SecretaryNmd Treasurer, and such other officers as maybe hereaf ten^r

designated oKthe Business Committee.

7 y

(b) The Chairman, Secretary, and Treasurer shall be elected by^

the Business Committee upon nomination and by secret ballot.

(c)

The Superintendent of the reservatiotf^shall

preside at the

first meeting of the Brfeipess Committee pmtil the Chairman has

been elected and installed.

(d) The Superintendent of\^he respiration shall administer the

Oath of Office to all representati

(e) In the absence of any officej^t a meeting, the Business Committee shall elect a temporary officer fomthat meeting.

(f) The Chairman of the Committee sh^ll preside over all meetings of the Committee, shall perform all duties of a Chairman and

exercise any authority delegated to him by rhe Committee.

shall only vote in case ox a tie.

(g) The Secretary :>f the Business Committee sltqll conduct all

tribal correspondence and shall keep an accurate recortiof all matters transacted ar the business meetings. It shall be his ch*ty to sub

mit promptly/to the Superintendent of the jurisdiction and the Com

missioner pr Indian Affairs copies of all minutes of regular and

special nj ^e tings of the Business Committtee.

It shall be his duty to have the minutes permanently bound and

ready for inspection at all times. It shall also be his duty to receive all petitions, applications, and other business papers and prepare same for presentation to the Business Committee.

(h) The Treasurer of the Business Committee shall accept, receive, receipt for, preserve, and safeguard all funds in the custody

of the Committee whether same be tribal funds or special funds for

which the Committee is acting as trustee or custodian. Checks and

drafts shall be made to Treasurer, Business Committee, and shall be

endorsed for deposit only. He shall deposit all such funds in a bank

or elsewhere as directed by the Committee and shall make and preserve a faithful record of such funds and shall report on all receipts and expenditures and the amount and nature of all funds in

his possession or custody, such report being made in writing to the

Committee at regular meetings and at such other times as requested

by the Committee.

He shall not pay out or otherwise disburse any funds in his possession or custody or in the possession or custody of the Business

Committee except when properly authorized so to do by resolution

duly passed by the Committee.

All checks shall be signed by the Treasurer and countersigned by

the Secretary, and all checks issued prior to July 1, 1940, shall be

approved by the Superintendent of the Reservation.

The books and records of the Treasurer shall be audited at least

once each year by a competent auditor employed by the Committee

and at such other times as the Committee or the Commissioner of

Indian Affairs may direct. The Treasurer shall be required to give

a surety bond satisfactory to the Committee and the Commissioner

of Indian Affairs. The Treasurer shall be present at all special or

regular meetings of the Committee.

Section 2. Meetings.

(a) The Business Committee shall hold regular meetings for

business on the last Friday of each month, at nine a. m., at the office

of the Rocky Boy’s Agency.

(b) Special meetings may be called at any time by the Chairman

upon ten hours written notice delivered to representatives.

meeting before the Business Committee may be officially called to

Only representatives shall have the right to vote.

order.

(d) In case of the absence of the Chairman, the Secretary shall

act until a temporary Chairman has been elected.

Section 3. Order of business

—

(a) Roll call.

(b) Reading of the minutes of previous meeting.

(d) Secretary to present any bills, requisitions, claims, etc.

(e) Hearing of applications, petitions^ complaints, and other busi-

ness properly coming before the Committee.

(f) Any other business.

(g) Adjournment.

Section 4. Manner (ff placing/ business btfoi'e C oimfiittee.

—

(a) District representatives snail receive all applications, petitions,

complaintsTetc., whioh must be in written form, originating in their

district,

and shall, wherever/possible^/nle same ton days before the

next meeting with the Secretary.

—

(b) N^oflScial^Cion mavj^taken ojir-ftilyDusiness except as it

shall ge^hroughthe prescribed channel^

Procedure for adoption of Constitution and Bylaws

Section

(a) This Constitution and Bylaws attached hereto shall be in full

force and effect whenever a majority of the adult voters of Rocky

Boy’s Band of Chippewas voting at an election called by the Secretary of the Interior in which at least thirty percent (30%) of the

eligible voters shall vote, shall have ratified such Constitution and

Bylaws and the Secretary of the Interior shall have approved same,

as provided in Act of June 18, 1934, as amended by the Act of June

15. 1935.

Certification of Adoption

Pursuant to an order, approved October 18, 1935, by the Secretary

of the Interior, the attached Constitution and Bylaws were submitted

for ratification to the members of the Rocky Boy’s Band of Chippewas of the Rocky Boy’s Reservation and were on November 2,

1935, duly adopted by a vote of 128 for, and 23 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 (Pub. No. 147, 74th Cong.).

John Parker,

Chairman of Election Board.

Malcolm Mitchell,

Chairman of Rocky Boy's Business C ommittee.

Joe Corcoran,

Secretary

Earl Wooldridge,

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 Chippewa Cree Tribe of

the Rocky Boy’s Reservation.

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 the Chippewa Cree

Tribe of Rocky Boy’s Reservation.

All officers and employees of the Interior Department are ordered

to abide by the provisions of the said Constitution and Bylaws.

Approval recommended November 15, 1935.

John Collier,

Commissioner of Indian Affairs.

Harold L. Ickes,

Secretary of the Interior

Washington, D. C.,

November 23, 1935.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.