# I.OvJEF. BrlULE SIOUX Tl1IEAt COUNCIL

> Briefs, arguments, decisions, and more.

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## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

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I.OvJEF. BrlULE SIOUX Tl1IEAt COUNCIL
N I; ~t'TES

O? R'SGULAB. hfi'J",T ~~NG

NOVBl'iBEll

5, 1958

T~e meet:ing was called to order by the Chairman at 11: 00 a. m..
call as foJ.lovrs ~

-- _......... . __ . _,

A9.2.~~~:

J. hT. ~.1 ~ :o'nps on, Ch3.irma.n
P.nd::"e'"" Es'>s, Secretary
CBphaj.s G')l)df"ce
'l'!10nl23

RoJ .l

None

T-iVO HaHk

Richa.rd T~om?;;:;('ln
The minutes of meeting held October 17, 1958 were read. hotion by Richard
Thompson, sec()nd~d hy A..'1C,reN· E:ste3 to approve m:;.~utes as read. No objections.
Vote: h for - none against.

-1Motion by Cephais Goodface, seconded by Thomas Two Hawk to re-adopt
ResoluU.on NOD. 58-56 and 58~70, relative to probating exchange assigmnents
end relluest for government re:'5erve, and Ordi.nance LB-57-E relative to guardianship, this ordinance to be re-numbered .L&-5C-A. Tbe reason fo!' this action
being tC3.t these resolutions and ordinance requ.ire Bureau approval and they were
not previously suhmitted to the Superintendent. 'Within the 10 day limitation.
No objections. Vete: 4 for' - none aga.inst.

-2Motion by Andrew Estes, seconded by Richard Thompson aeknowledging the
certifj.cation of election ('If 'l'hc'res Tvro H.':l'l.rl: as Cov3'lc:Llm.A.n from thQ I:"Gn N2.tion
Lis t ri ct i..."l t.he re·-el ·3 ction h81d on October 30, 1958, No objections. Vot.e:
4 for - none against,.

Motion by R. Thompson, seconded by Tom Two HRwk to actjourn for dj~ner.
No ob~iections. Vote: 4 for - none o.gainEt.

Meeting was called tt> order at 1:00 p. m. by t.he Chairman with all members
present.

-3The following members of the n"'lwly elected council were sworn in by lvJl".
Beitzel: J. \t{. Thompson, Andrew Es~~es, Ga.rfield Grass Rope, Clarence Thompson,
Thomas Two Hawk and Richard Thompson.
Mr. Beitzel presided as Chairman and officers were elected ae folloW8;
-1-

LOi,rlEH BRULE SIOUX THrBAL COUNCIL l'lEETING

NOV1h BER 5,0 1958

AndreN' Estes, seconded by Thomas 'f1."'0 Hawk nominated J. 'vi . Thom~son as
Chairman a~d Garfield Gr~ss Rope nominated Clarence ~honps0n as Chairman.
Clare~ce Thompson declined the nomination.
R. Thompson, seconded by Andrew
Est e s moved no:nin s. tions cease. No objections. Vote: 5' for - none aga i nst.
J. H. 'i'11.o:n~sol1 elected Ch~irman.
\1.Jith the elected chairman presiding the other officers were elected as
follcv '!l: ~

~hompson.,

seconded by Andrew Estes nominated Clarence Thompson for Vicel\lo tion by Andrew Estes J seconded by Garfield Grass nope that nomination.s c e ase. No objections. Vote: 4 for - none against. Clarence not voting.
C1a.:rence Tho!r1.pson elected as Vice-Chairman.
R.

chair!n2.~ 'l

R, Tho~pso~, seconded by Garfield Grass hope nominated Andrew E 8 tGS as
Secretary-·'l'reasurer , i'1c)'·,io;). by Clarence Thompson, seconded by Tom Tv() }j 2,,,k
that no:ninations cease. No objections. Vote: 4 for - none against. And.r e'vf not
voting.
Andrew Estes elected Secretary-Treasurer.

Clarence Thompson, seconded by Andl~ 8 w Estes nominated. Itichard Thompson as
Serg eant at Arms . Clal~ence Tho:np son ., seconded by G3. rfield Gra ss hope moved that
nomina tions cease. No o~ .j e ct .io:::s, Vot~ ! 4 for - none against. Richard not voting.
Richard 'Thompson elected Sergeant at, Armso
Andrew Estes) seconded by C" Thomp so n" nominated Thomas Two a D"',).\: as
Chapla:\.n. R. Ttompson moved that nomi n ations cease, seconded by Garfield Grass
Rope. No objections. Vote: 4 for - none against. Tom not voting .
Thomas Two Hawk elected Chaplain.

-4N.:. BeH,zel introduced li t' " Rex B2.rnes, Area Realty Offi c er; hr . Bo], Bennett
from the Area Office and JvIrs. Marie Judice , Real Property Assistant f r om Pierre
Agency. M.~s. Justice presented a map of the Lm'l er B:r~Jle Reserv ation 3hm,ring the
tracts of land o~ which they had applications for &d 're j:,tis flU saJ.es an d l'e q nested. the
Counci:L t'J advise them if the Tribe v!". s i~terested in acqu.irin g Cl.)')Y of th88e lands.
Some of the tracts were located within the boundaries of the consolidation area
and some of them outside these bou.nd,3. r ies . The Ch"d.rmAn advis ed th em tha,t the Tribe
is interested in acquiring all the Lmd offered for se.le Hithin the boundaries of
the consolidation area but at the p:resent time th e ir fu."1ds th at they p r 0po s e to
use for lcmd purchase are not availa b le since they have not re~ e ived p ayment for
the settlement under Public Law 85-·923, 85th Congress, H. R. 12663 dated September
2, 1958 and until payment is received they;are not in a position to ne8;ot5.ate \-D. th
the land O1rmers for the purchase of thei:.':' l a ~cl. The matter W8.S discussed and i.t
was decided to adopt a res0lution req-'.l8sting a mcr ~.torium on advertised. sale of
lands within the bou ndarie ;3 of ·~. he co:,; .soJida U .on area. ~'lotjon by Fl. , Tlv!!1l]J8on,
sec onded. by AndreiV' Estes to ac~.opt SlI~h a resolution. No objections. \,Tote: 5
for and none against . The resolv.t.ion vfould also state that the 'rribe has no
intere::ot hl acql.'.iring land out.s i c.::; the consol:i_da:U.on a:rea a.nd therefore has no
obQ.ections to any of this land being advertised for sale.

-2-

....

,....... ,

LO\JER BRULE SIOUX TRIBAL COUNCIL !·&'TING

hOVlk·.J3ER 5, 1958

-5The Chairman requested ~~. Barnes to look into the rehab house exchanges
that are pending and to find out the reason that they have not been approved.
Barnes promised to look into the matter when he returned to Aberdeen.

hr.

-6Motion by Clarence Thompson, seconded by Andrew Estes to adopt a resolution
requiri.ng hi~h school attendance by all Indians on the reservation until the ag'3
of 19 or completion of the 12th grade for the reason that the juveniles who have
not finished school are becoming a problem on the reservation. No objections.
Vote: 5 for - none against.

-7The Chairman announced that there would be a special meeting at the Pierre
Agency on November 18th with the Corps of Engineers, MRBI, BlA and others relative
to the Fort Randall an.d Big Bend Dams and requested that all councilmen attend.
The meeting would be at 10;00 a. m,

-8Motion by Andrew Estes, seconded by Thomas Two Hawk to appro'ie an exchange of
lands between Gail Langdeau Ziegler and the Tribe. The land to be conveyed to the
Tri!Je would be LB'-735, E~S1;'h; Sec. 26, 107-75 and she would receive in exchange
lands located in Sec.32, 107-73 located in the in~ediate proximity of the Ziegler
homesite, No objections. Vote: 5 for - none against.

-9- ~
Motion by Richard Thompson, seconded by Andrew Estes to purchase the undivided
interest. o'/med b:r Clarence Langdeaux in LB-53, Charles Fallis Estate. No objections. Vote: 5 for - none against.

-10Motion by Richard Thompson, seconded by Andr"ll" Estes for the Tribe to purchase
the 3/12 int,erest of Grace Potter; George Estes and I'lathilda Rouillard in an exchange assignment when funds are received from the Fort Randall settlement. No
obj ections • Vote: 5 for - none against

..

NOVEiillER 5, 1958

I.OWER BRULE SIOUX TRIBAL COONC 11 lvlEETING

-24IvIotion by Clarence Thompson, seconded by Tom TvJO H2Nl Heetillg adjourned at 5: 50 p. m.

No objec-

A ;y i:C8W Es (:,13 S ,. Se c re'~:, a l'Y
Lcwer Reul e Siou..x Tri ba l Covncil

NoveP.lber 5: 1958

LOWER BRULE SIOUX TRIBAL COUNCIL
HIN'JTES OF SPECIAL lVlEETING

NOVEEBER 18, 1958

The meeting was called to order by the Chairman at the Pierre Agency at
9:10 a . m. Roll call as follows:
r.te2.~T)..~

J. W,. T' ~ '...d'i;;:') son, Ch1d!'I!lan
A::.drG'" Ebt.es, Secretary
B.i chard Tho:npson, Sergeant at Arrus
Ti10'1l9.f: TI·m Hawk, ChG.!Jlain
Garfield Grass Hope
HelC'1 R. Thompsen, Treasurer (non-member)

Absent:
Clarence Thompson, Vice-Chairman

The Chairman explained that ."
pne of the purposes of the meeting was to
find out which of the council mell'bers wi.shed to att.end a meeting at Aberdeen to
b8 h(':::l. on VJ edn.esday, No"emher 19, 1958 on tribal bndget:5.ng and delegations of
a~:t h i')r ity to tribal officers.
He stated that he would like to haye all members
of t he council attend the meeting if they could since it was a matter of imp ortar,ce to all of them. Notion by Jlncrew Estes .• seconded by Garfield Grass Rope
t hat a.ll members attend and that they be corn:;:>ensated as foD.ows: Andrew Estes
a nd Ga rf ield Grass Rope ,;l50~00 each for a three day conference since they were
pre vi ou sly delegat'3d to attend the Public Health conference on the 20 & 21;
J. 1,11. Thompson ~ ,aO.OO since he 1-tould be driving his own car· ; an d all others ;,,20~OOl
Ma ti.cHi also t. o :tnciuci'3 ' payme!it.' of pe r diem. & m.HaRge Vote ~ 4 for - 0 against.
$

Motion by Richard. Thorcpson, seconded by Andrew Estes to raise t he salary of
Felix ~ u ilt., Jro an addit i onal ~i; 25 .00 per mcnth and that he would haVi:l addition .J. l d' _~ti8s of firL."1t?; t he school i'urll p. ce at night in return for which the
scLoo::" would f~lrni:=;h t1:e ojl f o ~ tl18 tr 3_bal hell ft'I'ne.ce. Also to asstllne such
ot.her 0'Jt.:i.es as e.ssig'.1ed to h~m hy the t.ribal council
Ro objections~ Vote:
Q

4 for - nene a go.inst ..
Motion by R. Thompson, seconded by Andrew E~te s to a.dopt r e solution
author: z.1ri g the Ch~:Lr ;"1:'1.n, J. \'l. Tbor::ps0n ,. a.nd the Se~retar3r, And re", Estes, to
enter ii.1tc ::m att,):";:1.e;r : s ('.ont.:t.~a ~ t wH. h E o Q., Sharpe fot' completion of settlement
for Fo rt R.:n c;.ali da me.ges ['.Dd as Ge!18)'3.1 Cotll1s'Jl a nd CJairr.s Attorney in all mRtters
not in co n fJ.:i. c·::' wi+, r.~ 2.1:y present :Ly r.~p~)'('oved. and existing contracts vlith other
a+'to rne~rs.

F ::>

C'. b j 8 (;t:~ 8 n'h

Vo+"e ~

4 fo :.' - none against ..

The Chairman stated tffi t the rema.in dr::. " Hotion by Ricb.rd T h 0!T!psr, n~ s e~ onded by Andre,.. Estes to appoint
Mrs. Da:cJ. ?i1 p. ~~ ~ ng to s e rve on t h. e Fami ly Pl an r:'.\)?:.lmi tt.ee and nn.mi.TJ.g I'irs Agnes
KiL'1 s1e y 2 8 se c;.;;n.d choice 2nd Ivir " . Ha.z31 L 8.7'. g d~ a '). a s t :lir·d choice. il10 objections.
'i ·~ote or~otr;r
; ~·\.-.c

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t.ir:,c

for nc.llrl :,h~fS

bnen

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u-;::-or. ti1;;;ir l'"c~e!"V ';c tl()n.
I"~ll'r:e:..~nt.[' ".!"C in :'!'"OC(;!J (; ~c oht.,'i::-;
?-j'; l"r.t . ; ~ ~, t:l!'hC:t, :,,I'ltel.ope,!.n ; t.:ll:.
:;12. of thCt1G .r"\.: ~: Oi;i } to ':..0
011 ~ /. e::~~. ll ::;c ::lu t'l~ ~~~ :"', . ~.l ) tllt~ ~)ut ~.h i ~\t t~1 in :~ .!" ~j tii~~' ;;rill L;:~
succ ~ '3af:..Ll..
!1 ' lr-~(~(~ ~)1~. :.;-·~t:';'1 ;.· -' :~ ·"i'1':.1 ~:. ~ ·,-",c.~·){'(: d ut!.t in ,:-oop:1r:--~t.iD .n
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~. C(! '''3~S to ~(i if!~;r ~:-i"Oj(~et9; ·:1.100, " : ''':': ·: Irl~ ··~oc· .,~ (.( t.,..~~ ( ' ;:-' ~.~ .~- v!">t­
one ';r-q,loyee h;·~, r,.e.·.m on "-!l!'u,,11 l':: av,-;. '~:"b; ' :le:rk- t,'t~..'

r r) ·~· ~.tiof~ :· ·l~ - ·.v.int ~

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cp:r~rt.r.~?nt

of C··;;~~.)?,

. ,,7i~.,~ r ,:~ointment to all concerned ma.i:2..).y the Indian
peop18 a-:-\d o:ficial officers at Pierre Agency. No objections. Vete: 4 fornO:''1e ags.inst.

(11)
The Chairm~ infonned the Council that,8~ ~ the weather conditions, etc.
the reservation will hot be stocked wi thliiR anWaBt-elope since the State
was ut:·1.b~ . e to trap the antelope and there is a shortage of elk in YellC'tlstone
Park. YlC t.io i1 by Richard Thompson, secondE'!d1 bYt.C~ere:.nce Thom9S0::l to adopt an.
o!'dj ,~al".~C"; t., ) prc.!'.ibit the hunting of elk~tmd.an~:r6pe on the reser'.r~tion since
a f"e:: E. ; "! . ·.~; 2~ 1:'- 8 l l, P.ichard Thompson, seconded by Clarence Thompson to adopt a
:n~~('. 3 .L",~:, io!! to grant easement to the R.E.A. for consttuction of a transmission
1:::-.' ,=" (: ::,~ t::..'ib~ , l land described as mv~~ Sec. 1, T. 106 N., R. 72 W., 5th P.J.v.i.
J

!~ 'l c. ':;jeC'tj ~ ns ,.

Vote: 4 for-none against.

6
'll.;ere ,'m,s some discussion on the building of a road to the Dam for use
by tm .r..ce with Article III of the Constitution aP..d Bylaws of the Tribe.

lhet:l.:J.g adjourned for dinner a.t 12:00 noon
~et~g

reconvened at 1:25 p.m.

with

quorum present

(16)
.
jado pt a res olution
lbtl.on by Andrew Estes, seconded by Thomas Two Hawk to request the transfer
of thl3 f'1.l:1ds .; n the Fees Account ap..d hulf of the Submarginal Fund to the General
Fu.T.1Q o..':1c. tl1e remaining half of the Submargine.1 Fund to the Land Purchase Funds
No oojedicns. Vote 4 fer-none against. Richard Thompson not present at votkgo

(17)

There was much discussion as to stocking the reservation with antelope, elk
and, wild turkey. MOtion by Clarence Thompson, seconded by Andrew Estes that the
Tribe renew their efforts in getting the reservation stocked. No objections. Vote:
4 fo~-none against. Richard Thompson not present at voting.
Page 3

SEPTE.'1BER 7, 1960

(18)
:':?t,.·:'on by fu"'1drew Estes, eecanclr1i b J To'lC!ll9.s Two Ha~ to aut.horize the Cha..'trI'l3I' 7:. 1959, whereas J the Tribe will n:>lf e ' ~q,',:iJ,~ only
an undividac. 7/9 interest instead aftbe 8/9 L"1te!'eat in LB-434o ;3:.nc~ the
tims Resolut.ion No. 60-26 waa adopted ona 01 the heirs died bef''):l'e e~m s~\.gned
her r!"rS'~ anc. her heirs are non-lndians o No ob~~ '::~ion6. Vote: 5 f()r~none againsto

(20)
~/lotion by Andrex Estes, seCOnded by Xbomas 'h«> &~ -to request that Pierre
Agency r;ontact the non-In~.an heL-s in LB-434 for their 1/9 inte.res.t &:vi secure
O!feL'f;
SElll Land-e to ':Jle United State !rQm t:tJ.em.. .No objections.. . Vote: 5 for
none against.

' '0

Mr. Harrington ~ tijt tlO~.~ ~ ~ iil1> DDt: ~ve a Superintendent at . Pierre Agehof. ,.. ~_ . ar ~ Jll'r.tts waedt1seuee~t1. Mot.ion b7
Clarence 'thoiDp8lln, ..c~@il;.~~ ~,~ to-"dcpt. ~ut11)1l authorizing th& Superintend.ent to
1& ~~. wdu, to !£hti1~: ~Ql1ldttee8J covering
2# 950 head ot sattle ~c1 that .a.U ~ttfreS ope,rating 00' the reservation must
c~ with provisiona of' ~- C 0.1. the 'l ru.eeUoeisor Bangs'Pl'Ogram. Failure
to compJ,y will make their al.l.cmat1one uubjeet to eancellation. No objections.
Vote: 5 for-none apibSt.

anocne

':::._ "'.:,.~e i·;c'I.S much d1a').d a1 (0 u; il'vervice propose to acquire lIin lieu" lands for exc l; ~-_ ge
to the Tribe. Motion by Clarence Thompson, seconded by Andrew Estes to request that the Chairman handle all correspondence and make all necessary
arrangerr,ents for negotiating with vlildlife-Service relative to their new
proposal. No· objections. Vote: 4 for-none against.

(4)
There was a discussion by the Council on maintenance of the road in the
Little Bend Area. If the Wildlife Service does acquire this land in the Little
Bend Area there would be no nee~ for the Bureau to make extensive repair to
this road. · Hotion by · Clarence l'hompson, seconded by Andrew Estes to request
that the Bureau use the funds, which would be used to make extensive repairs
to the road in the Little Bend Area, on the roads in Ft. Hale instead. After
the tribe negotiates with the ~iildlife Service it will be known for sure
whether the vJildlife Service will acquire the lands in he Little Bend Area.
No objections. Vote; 4 for-none against.

(5)
A request for a house repair grant was made by ¥~s. Alice Kennedy Grass
Rope. Motion by Thomas Eagle Thunder, seconded by Andrew Estes that her request be granted. No objections. Vote: 4 for-none against.

'6)
Motion by Clarence , seconded by Thomas Two Hawk to approve a house
repair grant for Dave Thompkins. No objections. Vote: 4 for-none against.

Motion by Thomas Eagle Thunder seconded by Andrew Estes to approve a
house repair grant for Amy Carpenter and make it retroactive since she was
eligible and did not receive one last year. No objections. Vote: 4 fornone against.
(8)

Motion by Thomas Eagle Thunder seconded by Clarence Thompson to table
the request for a house repair grant of Josephine Spotted Hawk until the next
meeting, when a new Council ia on, with an off-reservation representative, No
objections. Vote 4 for-none against~

A request from Mrs. Winona Gerry was read in which she asked for a loan
which would be repaid from her land sale. The Council was reminded that the

.'

.

,
~ilNUTES

OCTOBER 10, 1960

OF SPECIAL MEETING

Bureau will not hold out any money to repay loans from land sales. Motion by
Clarence Thompson, seconded, by AndreH Estes to also postpone action on this
request until the new Council is seated. No objections. Vote: 4 fer-none
against.

(10)
Cl~rence Thompson reported on a meeting he attended earlier in the day
at Pier~e. The Corps of Engineers, MRBI personnel, Bureau personnel from
Aberdeen were pr~sent at the meeting. A few statements made at this meeting
were, the exact taking line from the Big Bend Dam, would not be known until
1962, there are approximately 60 families on the Lower Brule reservation who
will be affected by the Big Bend Dam, and approximately 600 individuals have
interests in lands that will be in the taking of the Big Bend Dam. Half of
the land in the taking is tribal and the remaining half belongs to individuals.
A. meeting will be held on Octebcr 21, 1960 with the Corps of Engineers for
the public at Pierre. The purpose of this meeting will be on the subject of
the Big Bend Dam and Oahe Dam. There was some discussion as to c . . rtairi "
a.reas including the Little Bend Area being turned over to the Vv"ilcllife-Service.

(11)
Members of the MRBI, Corps of Engineers, Bureau of Indian Affairs and
Interior and Insular A~~rs Committees who were present at the meeting in
Pierre came down to look over this part of the reservation. vfuile they were
down they were invited to the Council meeting. There was a discussion on the
proposal by the Hildlife Service, relative to the acquistion of lands in the
Little Bend Area, discussion on the relocation of the school facilities, townsite water situation, and roads. The Chairman expressed the Tribes' views on
these subjects. The Chairman stated that the Tribe vlOuld like to have the
intangibles broken down on an induvidual basis if possible. No definite
statementsweremade by the }ffiBI, Corps of Engineers or members of the Interior
and Insular Affairs Committee on the subjects discussed.
(12)

Motion by Andrew Estes, seconded by Clarence Thompson that the meeting
adjourn, No objections. Vote: 4 for-none against.
Heeting adjourned at 4:15.

October 10, 1960

Joyce Estes, Secretary
Lower Brule Sioux Tribal Council

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Alower_brule_sioux%3A8ced16c706cc77b4. Public record. Not legal advice.