CONSTITUTION AND BYLAWS

Pnr'.erAecl

CONSTITUTION AND BYLAWS

of the

CROW TRIBAL COUNCIL

PREAMBLE

enforce the respect

The Crow Tribe, of Indians, in an effort to

treaty rights, do hereby reof their "basic human, constitutional and

act and speak for the

establish the Crow Tribal Council to represent,

to promote the general

Crow Tribe in any and all tribal matters, and

constitution and

welfare of the Crow Tribe, do adopt the following

with the

conjunction

bylaws for the conduct of Crow Tribal matters in

same.

conduct

lawful right of the Bureau of Indian Affairs to

Article I

the entire memberThe Crow Tribal Council shall be composed of

ship of the Crow Tribe.

Article II

in conformity to

The council shall elect every two (2) years,

Secretary and

Vice-Chairman,

Chairman,

its rules of procedure, a

there he a

unless

vote

no

have

shall

Vice -Secret ary. The Chairman

for these officers shall

tie vote before the council. The election

other year after May

,

he held the second Saturday of May every

change

constitutional

this

under

held

be

then the first election shall

after election.

Officials are to assume their duties July 1,

Article III

except as herein

Any duly enrolled member of the Crow Tribe ,

and

deliberations

the

in

engage

provided, shall be entitled to

an

old

years

18

are

females

the

voting of the council, provided

males 21 years.

Article IV

council and any other tribal

All nominations for officers of the

voice, standing, hand-raising

matter before the council shall be by

shall elect at each of its meetings.

o? secret Sllot, as the council

A

n1 n

"\ 7

Article VI

The Powers, .Duties, and Functions of the Council:

1.

The council shall establish its own rules of procedure.

Meetings. There shall be regular tribal council meetings

2.

held each year on the second Saturday of January, the second Saturday

of April, the second Saturday of July, and the second Saturday of

October, and as many additional meetings shall be held as tribal

business may require. All meetings shall be called by the Chairman

and the Committee.

Notice of meetings and agendas. It shall be the duty of

the Secretary, or in his absence, the Vice -Secretary of the Crow

Tribal Council to give notice of all tribal council meetings of the

Tribe in writing for a period of at least seven days prior to

Crow 4.

each meeting date. Notices shall be posted at one public place in

each district of the reservation, and at the Agency Headquarters, and,

where possible, in the local newspapers and by radio broadcast. Notices

in addition to the date, time and place of the meeting, shall list in

numerical order the business to come before the tribal council meeting.

No business shall be transacted at the meeting unless it has been

included in the public notice. Copies of proposed resolutions or other

business to be considered shall be furnished to the elected district

representatives by the Tribal Secretary seven ( 7 ) days prior to meeting

3.

'

dates.

Items of business. Agenda of the tribal council meeting shall

include all items required by the (l) Tribal Chairman and committee,

(2) Superintendent of the Crow Agency, and ( 3 ) any petition duly signed

by 100 qualified voters. All requests to the Chairman and committee

for a general council meeting shall be in writing and shall clearly

state the nature of the business to be presented before the general

council.

If the Commissioner of Indian Affairs desires to present any

5.

matter to the council for its action, such request shall be presented

in writing to the Chairman or the committee, who shall as herein

provided, advertise such request as provided, and set the date for the

council sessions.

Except where otherwise specified in this constitution and

6.

bylaws, decisions of the council shall be by a simple majority of the

vote cast.

The council shall perform the duties assigned to it under this

7.

constitution and bylaws and shall have such powers in addition to those

expressly conferred on it thereunder as may be necessary to achieve its

effective operation and to realize its objective.

2

.

All matters presented and coming "before the Crow Tribal

8.

Council to he voted upon by the members of the Crow Tribe shall be

decided and determined by a simple majority vote.

There shall be a committee composed of two (2) members

9.

from each of the Six Districts of the Crow Reservation and two (2)

members from off -the -reservation Indians elected for a term of two

(2) years, in accordance with the tribal council's rules of procedure, to act as an executive committee to work with the officers

under the general direction of the council. The first election of

these committee merfbers shall be held within 30 days from and after

adoption of this constitutional amendment, and all subsequent elections

10.held the second Saturday of the month of May at 2-year intervals

to be

on alternate years from the tribal officials election. Each district

shall select its own election judges from within said district whose

expenses shall be paid from tribal funds. The results of such

elections shall be final and conclusive.

The Crow Tribe, through the Crow Tribal Council, shall have

the power to levy, assess and collect taxes and license fees upon

non-members of the Crow Tribe doing business' within the boundaries of

the Crow Indian Reservation, subject to review by the Secretary of

the Interior.

Article VII

Status and Functions of the Council:

1.

The Crow Tribal Council is the voice of the Crow Tribe.

The Crow Tribal Council is the medium, the body, the tribal

organization through which the Crow Tribe speaks to the government

and the general public.

2.

The Council, representing the entire Crow Tribe, shall voice

the opinions, wishes, sentiment, hopes and decisions in any and all

tribal matters for the Crow people to the Congress and the Interior

Department, by resolutions and through tribally elected delegates who

shall, under instructions of the council, proceed to Washington or

elsewhere to present in person such decisions and their own arguments

and appeals in support thereof as the council shall direct by majority

vote

3.

Subject to existing federal law which endows the Congress

4.

with plenary powers over the Indians in their tribal state, and which

in turn passes such authorities down the line to the Secretary of

Interior and the Commissioner of Indian Affairs, who by regulations

based upon acts of the Congress, control the management of Indian

Affairs subject to const itutional limitations. The Crow Tribal Council,

without legal status as such, but being the mouthpiece and the voice of

the Crow people, will from time to time call to the attention of the

Congress its views and wishes with respect to the administration of its

rights, property and affairs by the Bureau of Indian Affairs.

3

Because of existing law governing Indian administration "by

the Congress herein pointed out, the Crow Council admits its limited

authority in the administration of its own tribal matters, "but also,

understanding the constitutional limitations of the government in

this same field, the Crow Tribal Council will sponsor all legislation

with state, federal and local governments on behalf of the Crow Tribe,

and will, through tribal council resolutions and elected delegates

and representatives, consult with and otherwise deal with representatives of the department of the government of the United States on all

matters affecting the, interests of the Crow Tribe.

5.

The Crow Tribal Council, which encompasses the entire member6.

ship of the Crow Tribe, so far as the Crow people are concerned, shall

be supreme in determining by a majority vote of those attending, any

course of action taken which is designed to protect Crow tribal

interests.

7 ; The American system of "majority rule" used in the Congress

of the United States shall prevail in the decisions of the Crow

Tribal Council in regularly called and duly assembled conventions, and

its majority decisions shall be conclusive and binding over the losing

minority.

The Bureau of Indian Affairs, being a part of the United States

Government, shall in no wise interfere directly or indirectly through

its field representatives or agents with the deliberations or decisions

of the Crow Tribal Council. The council, existing tinder the legal

handicaps herein pointed out, belongs to the Crow Tribe only, and not

the government, and as such will make its decisions without Indian

Bureau interference or advice, inasmuch as the Indian Bureau, under the

broad powers in Indian administration conferred upon the Congress and

the Indian department by both the Congress and the courts, can and does

nullify Indian tribal council actions the country over when same takes

10.with its own views.

However, the Crow Tribal Council, regardless

issue

of same, hereby reserved unto itself the right to initiate moves looking to the protection of the Crow tribal rights and interests under their

treaties and under the American constitution guaranteeing all basic

human rights to all who live under the American flag, and to the equal

protection of the laws of our country.

8.

The Crow Tribal Council in a duly called session will decide

9.

the manner of voting, whether by districts or in the council itself or

whether by secret ballots in the districts or in the council, and on

this issue the local Indian Bureau representatives will have no voice

whatsoever - the council reserves this right unto itself.

Every member of the Crow Tribe, outside of the exception herein

provided for, shall have equal opportunities to discuss any and every

question of tribal concern before the council, and to participate,

without interference, in all votes taken upon any such questions.

b

.

Article VIII

he amended by a

SECTION I: This Constitution and Bylaws shall

Tribe voting at

majority vote of* the qualified voters of the Crow

council, provided

tribal

the

by

an election called for that purpose

shall have been

it

until

that no amendment shall become effective

authorized

his

or

Affairs

approved by the Commissioner of Indian

-

representative

vote at such duly

SECTION II: All eligible tribal members may

procedure for conductcalled elections. The enactment of rules and

of the tribal

ing such an election shall be the responsibility

election ordinance.

council. The tribal council shall enact an

changes are

AND BE IT FURTHER RESOLVED, that the above listed

in the present Crow

those which the tribal council wishes to make

of any or all other

regardless

so

do

Tribal Constitution and shall

or constitutional

resolutions

other

resolutions or provisions, and if

they shall be

rules,

state

above

changes are in conflict with the

records.

the

from

expungedand

henceforth repealed, rescinded

A-OUck

I

x

A~~X<L

II-IS-C, 6

5

BYLAWS

Article I

Duties of Crow Tribal Council

Section 1. The Chairman of the Council shall preside over all

meetings of the Council, perform sill duties of the Chairman and

exercise any and all authority detailed "by the Council, and shall "be

entitled to vote only in case of a tie.

Section 2. The Vice-Chairman shall assist the Chairman when

called upon so to do; in the absence of the Chairman, shall preside

and vhen so presiding shall have all the privileges, duties, and

responsibilities of the Chairman.

Section 3. The Secretary of the Council shall forward a copy

of the minutes of. all the meetings to the Superintendent of the

Reservation, and the Commissioner of Indian Affairs, and the Regional

Director, and shall conduct all correspondence of the Council and

shall keep all records and minutes of the meetings , records as to

expenditures and allotment of tribal gratuitous and other funds over

which the Council has sole charge.

Section 4. The duties of all appointed special committees or

officer of the Council shall be clearly defined by resolutions of the

Council at the time of their creation or appointment. Such committees

and officers shall report from time to time as required to the Council

and their activities and decisions shall be subject to review of the

Council.

Section 5. Regular and emergency meetings of the Crow Council

shall be held on call of the Chairman at Crow Agency, Crow Agency,

Montana.

Section 6.

100 is present.

Section 7.

(a)

(b)

(c)

fd)

(e)

(

f)

No business shall be transacted unless a quorum of

Order of business:

Call to order by Chairman

Reading of minutes of last meeting

Unfinished business

Reports

New business

Adjournment

Section 8. It shall be the duty of the Chairman of the Council

to duly notice all tribal council meetings of the tribe for a period

of at least seven (7) days prior to such meeting date, for decisions

of the Crow Tribe affecting the sale or lease of tribal property, or

of legislative matters affecting the Crow Tribe.

6

.

,

:

member of

Section 9. A salary is to "be paid to each officer or

delegate as

the Crow Tribal Council when serving as an authorized

follows

$10.00 per day

Within the State of Montana

Outside the State of Montana, with the

per

y

exception of trips to Washington, D. C. ......... 15*00

day

per

00

25.

To Washington, D.

is to be

In addition to the above scale of salaries a per diem

in

computed

paid each officer 05 member of the Crow Tribal Council,

in

and

accordance with the U. S. Government Travel Regulations

is

whichever

car,

personal

or

air

rail,

via

addition transportation

Crow

administratively determined to be in the best interest of the

Tribe.

Approval

letter

Resolution No. 31 adopted February 3, 1955, approved by

Glenn L.

Commissioner

from

Council

to the Chairman of the Crow Tribal

Emmons dated March 18, 1955*

Article II

Ratification of Constitution and Bylaws

adopted by a

This Constitution and the attached Bylaws, when

vote on

to

called

Councils

majority of those attending District

the Crow

upon

binding

be

shall

accepting a Constitution and Bylaws

Tribe

CERTIFICATE OF ADOPTION

1948,

Pursuant to the Constitutional election held on June 24,

Montana,

of

Council

this Constitution and Bylaws of the Crow Tribal

in an election

was adopted by a vote of 295 for and I30 against

which 425 votes were cast.

m

red)'

Robert

Chairman

.owtail

Tribal Council

(Signed)

George Hogan, Sr.

Secretary, Tribal Council

(Signed)

Crow Agency

Lippert,

L. C.

7

APPROVAL

This Constitution and Bylaws, having been proposed and ratified

by the members of the Crow Tribe on June 24, 1948, at a referendum,

is herewith approved.

(Sgd) William Zimmerman, Jr.

William Zimmerman, Jr.

Assistant Commissioner

Washington, D.

C.*,

May 23, 1949

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