PREAMBLE
We, the
members of the Tule River Bands of the Tule River Indian Reservation
in the State of California, in order to establish our tribal organization,
to conserve our tribal property, to develop our community resources,
to administer justice, and to promote the welfare of ourselves and our
descendants, do hereby ordain and establish this constitution and bylaws
of the Tule River Indian Tribe, to serve as a guide for the deliberations
of our tribal council in its administration of tribal affairs.
Back
to Top
ARTICLE I - TERRITORY
The jurisdiction
of the Tule River Indian Tribe shall extend to the territory within
the confines of the Tule River Indian Reservation, situated in Tulare
County, State of California, as established by Executive orders of January
9 and October 3, 1873, and of August 3, 1878, to all lands claimed by
the tribe and to which title in the tribe may hereafter be established;
and to such other lands as may hereafter be added thereto under any
law of the United States, except as otherwise provided by law.
Back
to Top
ARTICLE II - MEMBERSHIP
SECTION
1. The membership of the Tule River Tribe shall consist of the following:
(a) All
persons of Indian blood whose names appear on the official census
rolls of the Tule River Indian Reservation as of January 1, 1935;
(b) All
children born to any member of the Tule River Tribe, who is a resident
of the reservation at the time of the birth of said children.
SEC. 2. The council shall have the power to propose ordinances,
subject to review by the Secretary of the Interior, governing future
membership, and the adoption of members by the tribe, provided that
property rights shall not be changed by any action under this section.
Back
to Top
ARTICLE III - GOVERNING BODY
SECTION
1. The governing body of the Tule River Tribe shall consist of a
council, known as the Tule River Tribal Council.
SEC. 2. The Tule River Tribal Council shall be composed of nine
councilmen elected by secret ballot.
SEC. 3. The Tule River Tribal Council, so organized, shall elect
from its own membership, a council chairman and vice-chairman; and from
within or without its own membership, a secretary, a treasurer, and
such other officers and committees as may be deemed necessary.
SEC. 4. Councilmen shall hold office for
a term of two years, or until their successors are elected except as
hereinafter provided. [Digitizer's note: Changed by Amendment
I, April 13, 1940.]
Back
to Top
ARTICLE IV - NOMINATIONS AND ELECTIONS
SECTION
1. The five members of the Council receiving the highest vote at
the 1942 election shall hold office for two years; the four receiving
the lowest vote shall hold office for a period of one year; thereafter,
vacancies shall be filled at annual elections for two-year terms, on
the third Saturday in January. [Digitizer's note: Changed by
Amendment II, April 13, 1940.]
SEC. 2. Any qualified member of the tribe may announce his or
her candidacy for the tribal council by notifying the secretary of the
tribal council, in writing, of his or her candidacy, at least fifteen
days prior to the election. To be eligible for membership on the tribal
council a candidate must have reached his or her twenty-fifth birthday
and be a regularly qualified voter of the Tule River Indian Tribe. It
shall be the duty of the secretary to post the names of all candidates
who have met these requirements, at least ten days before the election.
SEC. 3. The tribal council, or a board appointed by the tribal
council, shall determine rules and regulations governing elections and
shall certify to the election of members of the tribal council, within
one day after the election returns.
SEC. 4. Any member of the Tule River Indian Tribe, who is twenty-one
years of age or over, on the date of election, and who has maintained
legal residence for at least one year on the Tule River Reservation,
shall be entitled to vote.
Back
to Top
ARTICLE V - VACANCIES AND REMOVAL FROM OFFICE
SECTION
1. If a councilman, or other official, shall die, resign, permanently
leave the reservation, or be removed from office for cause, the tribal
council shall declare the office vacant and appoint a successor to fill
the unexpired term.
SEC. 2. Any councilman who is proven guilty of improper conduct,
or gross neglect of duty, may be expelled from the tribal council by
a two-thirds vote of the council members, provided that the accused
member shall be given full opportunity to reply to any and all charges,
at a designated tribal council meeting; and provided further that the
accused member shall have been given a written statement of the charges
against him, at least five days before the meeting at which he is to
be given opportunity to reply.
Back
to Top
ARTICLE VI - POWERS AND DUTIES OF THE TRIBAL COUNCIL
SECTION
1. The Tule River Tribal Council, subject to any limitations imposed
by the statutes or the Constitution of the United States, and subject
to all express restrictions upon such powers as are set forth in this
constitution and bylaws, shall have the following powers, vested in
the tribe by existing law or conferred upon the tribe by the act of
June 18, 1934 (48 Stat. 984), and acts amendatory thereof or supplemental
thereto:
(a) To
enter into negotiations with the Federal, State, and local governments
on behalf of the Tule River Indian Tribe.
(b) To
present and prosecute any claims or demands of the Tule River Indian
Tribe; to assist members of the tribe in presenting their claims or
grievances at any court or agency of the Government; and to employ
local talent or representatives for such services, the choice of council
and fixing of fees to be subject to the approval of the Secretary
of the Interior.
(c)
To approve or to veto any sale, disposition, lease, or encumbrance
of tribal lands, interests in lands, or other tribal assets which
may be authorized or executed by the Secretary of the Interior, the
Commissioner of Indian Affairs, or any other official of the Government.
[Digitizer's note: Changed by Amendment III,
February 25, 1956.]
(d) To
confer with the Secretary of the Interior upon all appropriation estimates,
or Federal projects, for the benefit of the tribe, prior to the submission
of such estimates to the Bureau of the Budget and Congress.
(e) To
make assignments of tribal land to members of the Tule River Indian
Tribe in conformity with article VII of this constitution.
(f) To
administer any funds or property within the control of the tribe;
to make expenditures from available funds for public purposes, including
salaries or other remuneration of tribal officials or employees, such
salaries or remuneration to be paid only for services actually authorized
in a regular and legal manner and actually rendered. All expenditures
from the tribal council funds shall be by resolution, duly approved
by a majority vote of the council, and the amounts so expended shall
be a matter of public record at all times.
(g) To
require individual members of the tribe, or other residents upon the
reservation, to assist with community labor, when just cause or extreme
emergency exists.
(h) To
create and maintain a tribal fund by accepting grants or donations
from any person, State, or the United States, or by levying assessments
of not less than ten cents or more than one dollar per year, per capita
on the qualified voters of the Tule River Indian Tribe, and to require
the performance of community labor in lieu thereof, or by levying
taxes and license fees subject to review by the Secretary of the Interior,
upon persons doing business within the reservation.
(i) To
provide by ordinance, subject to review by the Secretary of the Interior,
for removal or exclusion from the reservation of any non-members whose
presence may be injurious to the members of the tribe.
(j) To
promulgate ordinances for the purpose of safeguarding the peace and
safety of residents of the reservation, and to establish courts for
the adjudication of claims or disputes arising among the members of
the tribe, and for the trial and penalizing of members of the tribe
charged with the commission of offenses set forth in such ordinances.
(k) To
regulate the inheritance of property, within the reservation, subject
to review by the Secretary of the Interior.
(l) To
provide by ordinance for the appointment of guardians for minors and
mental incompetents, subject to the approval of the Secretary of the
Interior.
(m) To
adopt resolutions regulating the procedure of the tribal council itself,
and of other tribal agencies and tribal officials of the reservation.
(n)
To charter tribal enterprises, corporations, and associations. [Digitizer's
note: Changed by Amendment IV, January 26, 1974.]
(o)
To join and/or charter tribal housing authorities. [Digitizer's
note: Changed by Amendment V, January 26, 1974.]
SEC. 2. Any resolution or ordinance which, by the terms of this
constitution, is subject to review by the Secretary of the Interior,
shall be presented to the superintendent in charge of the reservation,
who shall, within ten days thereafter, approve or disapprove the same.
If the
superintendent shall approve any ordinance or resolution, it shall thereupon
become effective, but the superintendent shall transmit a copy bearing
his endorsement, to the Secretary of the Interior who may, within ninety
days from the date of enactment, rescind the ordinance or resolution
by notifying the tribal council of such action.
If the
superintendent shall refuse to approve any resolution or ordinance submitted
to him, within ten days from its enactment, he shall advise the tribal
council of his reasons therefor. If these reasons appear to the council
insufficient it may, by a majority vote, refer the ordinance or resolution
to the Secretary of the Interior, who may, within ninety days from the
date of its enactment, approve the same in writing, whereupon the said
ordinance becomes effective.
SEC. 3. The council of the Tule River Indian Reservation may
exercise such further powers as may in the future be delegated to the
council by the Secretary of the Interior, or by any other duly authorized
official or agency of Government.
SEC. 4. Any rights and powers heretofore vested in the tribe
of the Tule River Indian Reservation but not expressly referred to in
this constitution shall not be abridged by this article, but may be
exercised by the people of the Tule River Indian Reservation through
the adoption of appropriate bylaws and constitutional amendments.
Back
to Top
ARTICLE VII - TRIBAL LANDS
SECTION
1. The unallotted lands of the Tule River Reservation and all lands
which may be acquired hereafter by the Tule River Tribe, or by the United
States in trust for the Tule River Tribe, shall be held as tribal lands
and no part of such land shall be mortgaged or sold. Tribal lands shall
not be allotted to individual Indians but may be assigned to members
of the Tule River Indian Tribe, or leased, or otherwise used by the
tribe, as hereinafter provided.
SEC. 2. Tribal lands may be leased by the tribal council with
the approval of the Secretary of the Interior, for such periods of time
as are permitted by law.
In the
leasing of tribal lands preference shall be given, first, to Indian
cooperative associations; and, secondly, to individual Indians who are
members of the Tule River Tribe. No lease of tribal land to a non-member
shall be made by the tribal council 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.
Grazing
permits covering tribal land may be issued by the tribal council, with
the approval of the Secretary of the Interior, in the same manner and
upon the same terms as leases.
SEC. 3. In any assignments of tribal lands which are now owned
by the tribe, or which hereafter may be acquired for the tribe by the
United States, or purchased by the tribe out of tribal funds, preference
shall be given, first, to heads of families which are entirely landless;
and, secondly, to heads of families which have already received assignments
consisting of less than an economic unit of agricultural land, or other
land, or interests in land of equal value.
The tribal
council may, if it sees fit, charge a fee of not to exceed five dollars
on the approval of an assignment made under this section.
SEC. 4. If any member of the tribe holding an assignment of land
shall, for a period of one year, fail to use the land so assigned, or
shall use the land for any unlawful purpose, or detriment to the community,
his assignment may be canceled by the tribal council after due notice
and opportunity to be heard. Such land may then be available for reassignment.
Upon the
death of any Indian holding an assignment his heirs or other individuals
designated by him, by will or written request, shall have a preference
in the reassignment of the land, provided such persons are members of
the Tule River Indian Tribe who would be eligible to receive an assignment.
If there are no heirs or individuals designated by him, the assignment
shall automatically revert back to the tribe and then be available for
reassignment.
SEC. 5. Improvements of any character made upon assigned land
may be willed to and inherited by members of the Tule River Indian Tribe.
When improvements are not possible of fair division, the tribal council
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
tribal council.
SEC. 6. Applications for assignment shall be filed with the secretary
of the tribal council and shall be in writing, setting forth the name
of the person or persons applying for the land and as accurate a description
of the land desired as the circumstances will permit. Notices of all
applications received by the secretary shall be posted by him in the
agency office and in at least three conspicuous places on the reservation
for not less than twenty days before action is taken by the tribal council.
Any member of the Tule River Indian Tribe wishing to oppose the granting
of an assignment shall do so in writing, setting forth his objections,
to be filed with the secretary of the council, and may, if he so desires,
appear before the tribal council to present evidence. The secretary
of the tribal council shall furnish the superintendent, or other officers
in charge of the agency, a complete record of all action taken by the
tribal council on applications for the assignment of land, and a complete
record of assignments shall be kept in the agency office and shall be
open for inspection by members of the tribe.
Back
to Top
ARTICLE VIII - 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
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, at the
request of the tribal council, or upon presentation of a petition signed
by one-third (1/3) of the qualified voters, members of the tribe.
Back
to Top
BYLAWS OF THE TULE RIVER INDIAN TRIBE OF CALIFORNIA
ARTICLE
I - DUTIES OF OFFICERS
SECTION
1. It shall be the duty of the chairman to preside at all meetings
of the council.
SEC. 2. In the absence of the regular chairman, the vice-chairman
shall preside and he shall have all powers, privileges, and duties of
the regular chairman.
SEC. 3. It shall be the duty of the tribal secretary to keep
a true and accurate record of all matters affecting the tribal records,
to render a proper accounting of such records at all meetings of the
council, and to keep an accurate record of all council proceedings,
including the minutes of each special and regular meeting. Minutes of
all special or regular meetings shall be in triplicate, the original
copy to be presented to the superintendent, and one copy to be transmitted
to the Commissioner of Indian Affairs.
SEC. 4. The duties of the treasurer of the tribal council shall
be as follows: He shall accept, receive, receipt for, preserve, and
safeguard all funds in the custody of the council, whether same be tribal
funds or special funds for which the council is acting as trustee or
custodian. He shall deposit all such funds in such bank or elsewhere,
as directed by the council, and he shall keep an accurate record, filing
same in the tribal council's office, and he shall report in writing
all receipts and expenditures and accounts and the nature of all funds
in his possession, or custody, once every six months to the tribal council,
or at any time he is requested to do so by the tribal council.
(a) He
shall not disburse any funds in his custody belonging to the council
except when authorized by a motion duly passed and properly recorded
by the council.
(b) The
treasurer shall be requested to furnish a bond satisfactory to the
council, and to the Commissioner of Indian Affairs, except that until
he has been bonded, the council may make such provision for the custody
and disbursements of funds as shall guarantee their safety and proper
disbursement and use.
(c) The
books and records of the treasurer shall be audited at least once
each year by a competent auditor employed by the tribal council or
under the direction of the Commissioner of Indian Affairs.
Back
to Top
ARTICLE II - QUALIFICATIONS FOR OFFICE
Any person
to be elected as an officer or councilman must be a Tule River Indian,
enrolled on the Tule River Reservation, and over twenty-five (25) years
of age at the time of his or her election. The tribal council shall
be the sole judge of the qualifications of its own members.
Back
to Top
ARTICLE III - CONDUCT OF ELECTION AND CERTIFICATION
SECTION
1. It shall be the duty of the council to see that each nomination
for tribal office, including membership in the council, shall be made
in strict accord with the provisions of the constitution, and shall
certify as to the legality of such nomination, otherwise it shall be
considered illegal and ineffective by the council.
SEC. 2. All tribal elections for officers shall be canvassed
and certified by the council or by a board appointed by it within one
day after such elections. No candidate shall be considered legally elected
nor shall he hold office until such canvas and certification shall have
been made by the council.
SEC. 3. All necessary details concerning tribal nominations and
elections not specifically covered by these bylaws or in the constitution
shall be more fully set forth in ordinances to be hereafter established
by the council.
Back
to Top
ARTICLE IV - MEETINGS AND PROCEDURES
SECTION
1. Immediately after the election of members of the tribal council
and when the elected members are duly certified as provided for in article
IV of this constitution, the members shall assemble and organize for
business.
SEC. 2. The council shall meet quarterly on the first Saturday
of the month, in May, August, November, and February.
SEC. 3. Special meetings of the council shall be held at such
times as are designated by the chairman who shall notify members at
least twenty-four hours before the date of such meeting.
SEC. 4. At any special or regular meeting of the tribal council
two-thirds of the council members shall constitute a quorum and without
such a quorum the chairman shall adjourn the meeting.
SEC. 5. Special meetings of the council shall be held upon written
request of three members of the council or by petition signed by one-third
of the legal voters of the tribe, such written request to be filed with
the chairman or secretary of the council who shall notify the council
members twenty-four hours before the date of such council meeting.
SEC. 6. All meetings of the council (except executive meetings)
shall be open to all members of the tribe. Balloting at all meetings
shall be by roll call, or by a rising or viva voce vote. The council
may, upon motion duly passed, go into executive sessions. At such executive
session all persons not directly concerned with the matter under discussion
shall be excluded from the council chambers, and any such person whose
presence shall be required before the council shall be designated by
the chairman and no other persons shall be allowed to be present other
than the members of the council, the secretary, the treasurer, and the
sergeant at arms, but no final action on any matter shall be taken in
executive session.
SEC. 7. The order of business at any regular or special meeting
of the tribal council shall be as follows:
(a) Council
called to order.
(b) Roll
call.
(c) Reading
of minutes of previous meeting.
(d) Reports
of standing committees.
(e) Reports
of council treasurer.
(f) Reports
of special committees.
(g) Reading
of communications and reports.
(h) Unfinished
business.
(i) New
business.
(j) Adjournment.
SEC. 8. It shall be the duty of the council to exercise care
and caution to the end that a complete record is preserved of all acts
of the council and of all committees appointed therefrom. Accurate copies
of all records shall be preserved in the files of the council and accurate
copies of all necessary records shall be transmitted to such bureaus,
departments, or elsewhere as may be required.
SEC. 9. All records of the council and its committees or delegates
shall at all times be a matter of public record, and any member of the
Tule River Tribe or his authorized representative, or any properly authorized
officer or employee of any Government department shall have full access
to same during business hours. However, it is provided that matters
before the council while in executive session shall be, at the option
of the council, withheld from the public or from individuals or their
representatives, until after same shall have been acted upon or otherwise
quietly disposed of.
SEC. 10. Copies of all leases, contracts, deeds, or assignments
and all other papers and documents pertaining to lands of any nature
on the reservation shall be carefully preserved by the council, and
insofar as it is possible, all other documents affecting the rights
and equities of the tribe as a whole, or the individual members thereof,
shall be kept and preserved in order that such information shall be
available to the council and to the individual members of the tribe;
and duplicates of all such documents shall be deposited in the files
of the agency.
Back
to Top
ARTICLE V - TRIBAL COURT (JUDICIAL CODE)
SECTION
1. (a) It shall be the duty of the council to provide through the
necessary bylaws or ordinances, for the establishment of a tribal court
upon the reservation.
(b)
This court shall have jurisdiction over all such offenses as may be
provided in the ordinances of the council, unless they fall within
the exclusive jurisdiction of Federal or State courts.
(c)
This court shall have jurisdiction over all Indians upon the reservation
and over such disputes or lawsuits as shall occur between Indians
on the reservation or between Indians and non-Indians where such cases
are brought before it by stipulation of both parties.
(d)
The duties and jurisdiction of this court shall be more fully prescribed
by appropriate bylaws or ordinances.
SEC. 2. It shall be the duty of the council to establish by ordinance
a tribal police force which shall have full jurisdiction upon the reservation.
The authorities and duties under which it will function may be outlined
by the council, such police to be employees of the council, and the
police force shall be an agency of the tribal court.
Back
to Top
ARTICLE VI - PROPERTY REGULATIONS
SECTION
1. It shall be the duty of the council to pass rules and regulations
to prevent unauthorized prospecting or mining of any kind upon the reservation
and to see that such rules and regulations are properly enforced.
SEC. 2. The council shall pass ordinances for the control of
hunting and fishing upon the reservation, such ordinances not to be
in conflict with any of the Federal game laws. The council shall enforce
ordinances and cooperate with Federal authorities in the protection
of game on the reservation. The council may issue licenses for hunting
and fishing and prohibit hunting and fishing without such licenses.
Back
to Top
ARTICLE VII - PUBLIC WELFARE
SECTION
1. Community welfare.
(a)
The council shall determine in careful manner what constitutes just
cause for aid or assistance to the indigent members of the tribe,
and shall make proper provisions for recommendation to proper agencies
of individuals needing relief.
(b)
The council shall designate persons who shall administer welfare work
on the reservation, and the solicitation and expenditure of welfare
funds shall be conducted in a systematic manner so that the right
to do so may not be abused. The council shall thereby render assistance
or aid to the aged, the physically handicapped, and all others in
actual need of assistance.
(c)
The council shall at all times endeavor to eliminate the causes for
indigency, exercising wise and judicious supervision and management
of tribal affairs and finances and, in so far as is possible, of the
affairs and finances of individual members of the tribe, to the end
that need, privation, and financial distress may be entirely eliminated
among the members of the tribe.
SEC. 2. Education.
(a)
The council shall pass necessary ordinances to promote and increase
learning and education among the members of the tribe, studying present
school systems, and recommending plans for improving them to the proper
bureaus or departments.
(b)
The council shall enter into negotiations with non-reservation schools
and procure for the members of the tribe the highest type of educational
facilities, to the end that younger members of the tribe shall have
every possible economic, social, and cultural advantage.
(c)
The council shall encourage and promote among the residents of the
reservation by every practical means a proper system of education
for members of all ages in such subjects as home economics, hygiene,
child care and training, agronomy, farm mechanics, etc., cooperating
with State and Federal departments and agencies which seek to promote
such work.
Back
to Top
ARTICLE VIII - LOANS
The tribal
council shall act upon all applications for loans under the revolving
fund and shall have the right to make recommendations to the appropriate
committees concerning loans under the reimbursable regulation for the
purchase of property, stock, or equipment and loans to Indians for the
payment of tuition for higher education or trade schools.
Back
to Top
ARTICLE IX - APPLICATION FOR FUNDS
The tribal
council shall act in an advisory capacity upon all applications to the
superintendent for the withdrawal from the United States Treasury of
trust funds or any other tribal funds, may adopt rules and regulations
not in conflict with law, subject to the approval of the superintendent,
governing withdrawal of individual Indian monies.
Back
to Top
ARTICLE X - TRIBAL CLAIMS
The tribal
council shall make a thorough survey, research, investigation, and study
of the history and title of all lands which were tribal in character
in times past and shall endeavor to reestablish the tribal equity, if
any, in such lands so as to obtain through proper channels just compensation
for such lands as it shall find to have been unlawfully removed from
the jurisdiction of the tribe without just compensation.
Back
to Top
ARTICLE XI - GUARDIANSHIP
The tribal
council shall pass all necessary ordinances whereby the rights of minors
and incompetents shall be properly safeguarded and shall see that the
administration of their funds and other assets, by guardians responsible
to the council, shall be for the exclusive benefit of such minors or
incompetents. It shall be the duty of the council to make semi-annual
reports concerning all such guardianship funds or assets, and such reports
shall be matters of public record.
Back
to Top
ARTICLE XII - ORDINANCES AND RESOLUTIONS
SECTION
1. All final decisions of the council on matters of general and
permanent interest to the members of the tribe shall be embodied in
ordinances. Such ordinances shall be collected and published from time
to time for the information and education of the members of the tribe.
SEC. 2. All final decisions of the council on matters of temporary
interest (such as action on the tribal budget for a single year, or
petitions to Congress or the Secretary of the Interior) or relating
especially to particular individuals or officials (such as adoptions
of members, instructions for colony employees, or rules of order for
the council) shall be embodied in resolutions. Such resolutions shall
be recorded in a special book which shall be open to public inspection.
SEC. 3. All questions of procedure (such as acceptance of committee
reports or invitations to outsiders to speak) shall be decided by action
of the council or by the ruling of the chairman if no objection is heard.
In all ordinances, resolutions, or motions the council may act by majority
vote, but all matters of importance shall be fully discussed and a reasonable
attempt shall be made to secure unanimous agreement.
SEC. 4. Every resolution shall begin with the words: "Be
it resolved by the council of the Tule River Tribe ---."
SEC. 5. Every ordinance or resolution shall contain a recital
of the laws of the United States and the provisions of this constitution
under which authority for the said ordinance or resolution is found.
Back
to Top
ARTICLE XIII
This constitution
and bylaws, when ratified by a majority vote of the qualified voters
of the Tule River Reservation voting at an election called for the purpose
by the Secretary of the Interior provided that at least thirty (30)
percent of those entitled to vote shall vote in such election, shall
be submitted to the Secretary of the Interior and, if approved, shall
be effective from the date of approval.
Back
to Top
CERTIFICATION OF ADOPTION
Pursuant
to an order, approved November 16, 1935, by the Secretary of the Interior,
the attached constitution and bylaws was submitted for ratification
to the members of the Tule River Bands of the Tule River Reservation
and was on December 7, 1935, duly adopted by a vote of 43 for and 2
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.).
| |
BRIGIDO
JARINNIO,
Chairman of Election Board. |
| |
MARCUS
HUNTER,
Secretary of the Election Board. |
ROY
NASH,
Superintendent in Charge of the Reservation. |
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 Tule River Bands of the Tule River 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 and bylaws are hereby
declared inapplicable to these Indians.
All officers
and employees of the Interior Department are ordered to abide by the
provisions of the said constitution and bylaws.
Approval
recommended January 7, 1936.
|
WILLIAM
ZIMMERMAN, Jr.,
Assistant Commissioner of Indian Affairs.
|
| |
HAROLD
L. ICKES,
Secretary of the Interior.
[SEAL] |
| WASHINGTON,
D. C., January 15, 1936. |
Back
to Top
AMENDMENTS -- CONSTITUTION AND BYLAWS
OF THE TULE RIVER INDIAN TRIBE
AMENDMENT I
1. Add
to Article III, Section 4, of the Constitution
the following: "except as hereinafter provided."
AMENDMENT II
2. Substitute
the following for Article IV, section 1, of the Constitution: [Digitizer's
note: See Article IV, section 1.]
CERTIFICATION OF ADOPTION
Pursuant
to an order, approved April 13, 1940, by the Assistant Secretary of
the Interior, the attached Amendments to the Constitution and Bylaws
of the Tule River Indian Tribe, were submitted for ratification to the
qualified voters of the Tribe, and on May 24, 1940, Amendment I was
adopted by a vote of 15 for, and 1 against, and Amendment
II was adopted by a vote of 15 for, and 1 against, in
an election in which more than 30 per cent 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 (49 Stat. 378).
Ross
Ellis,
Chairman, Tule River Tribal Council
Roy Nash,
Superintendent, Sacramento Agency.
I, Oscar
L. Chapman, the Assistant 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
Amendments to the Constitution and Bylaws of the Tule River Indian Tribe.
|
Approval
recommended: July 10, 1940.
F.H.
Daiker,
Assistant to the Commissioner
|
Oscar
L. Chapman,
Assistant Secretary.
(Seal) |
Washington, D.C., July 12, 1940. |
AMENDMENT
CONSTITUTION AND BYLAWS OF THE TULE RIVER INDIAN TRIBE, CALIFORNIA
AMENDMENT III
Article
VI, Section 1(c) of the Tribal Constitution shall be amended to read
as follows: [Digitizer's note: See Article
VI, section 1(c).]
CERTIFICATION OF ADOPTION
Pursuant
to an order of the Assistant Secretary of the Interior, dated January
18, 1956, the attached Amendment to the Constitution and Bylaws of the
Tule River Indian Tribe was submitted for ratification to the qualified
voters of the Tribe and on February 25, 1956, Amendment III was adopted
by a vote of 36 for, and 11 against, in an election in
which more than 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 (49
Stat. 378).
(sgd)
Marcus Hunter
Chairman, Tule River Tribal Council
(sgd)
Bob Santos
Secretary, Tule River Tribal Council
(sgd) Leonard
M. Hill
Area Director, Sacramento
I, Wesley
A. D'Ewart, Assistant 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
Amendment III to the Constitution and Bylaws of the Tule River Indian
Tribe of the Tule River Reservation, California.
|
Approval
recommended:
(sgd)
Glenn L. Emmons          March 19, 1956
Commissioner of Indian Affairs
|
(sgd) Wesley A. D'Ewart
Assistant Secretary of the Interior
(SEAL) |
|
Washington, DC
March 21, 1956
|
AMENDMENT
IV
Section
I of Article VI - POWERS AND DUTIES OF THE TRIBAL COUNCIL shall be amended
by adding a new subsection to read as follows: [Digitizer's note:
See Article VI, section 1(n).]
CERTIFICATE OF RESULTS OF ELECTION
Pursuant
to an election authorized by the For the Asst. to The Secretary
of the Interior on November 12, 1973, the attached Amendment
IV to the Constitution and Bylaws of the Tule River Indian Tribe, California,
was submitted to the qualified voters of the tribe, and was on January
26, 1974, duly adopted by a vote of 22 for, and 10
against, in an election in which at least thirty percent of the 74
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 (49 Stat. 378).
One (1)
voter nullified his vote by voting both "yes" and "no"
on proposed amendment No. IV and no vote on proposed amendment No. V.
| |
/s/
Chairman, Election Board |
| |
/s/
Election Board Member |
| |
/s/
Election Board Member |
APPROVAL
I, Rogers
C.B. Morton,
Secretary of the Interior of the United States of America, by virtue
of the authority granted to me by the Act of June 18, 1934 (48 Stat.
984), as amended, do hereby approve Amendment IV to the Constitution
and Bylaws of the Tule River Indian Tribe, California.
|
Approval
Recommended
/s/
Commissioner of Indian Affairs
|
|
| |
/s/
Secretary of the Interior |
Washington,
DC
Date: Mar.
4, 1974
AMENDMENT
V
Section
I of Article VI - POWERS AND DUTIES OF THE TRIBAL COUNCIL shall be amended
by adding a new subsection to read as follows: [Digitizer's note:
See Article VI, section 1(o).]
CERTIFICATE OF RESULTS OF ELECTION
Pursuant
to an election authorized by the For the Asst. to The Secretary
of the Interior on November 12, 1973, the attached Amendment
V to the Constitution and Bylaws of the Tule River Indian Tribe, California,
was submitted to the qualified voters of the tribe, and was on January
26, 1974, duly adopted by a vote of 23 for, and 9
against, in an election in which at least thirty percent of the 74
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 (49 Stat. 378).
One (1)
voter nullified his vote by voting both "yes" and "no"
on proposed amendment No. IV and no vote on proposed amendment No. V.
| |
/s/
Chairman, Election Board |
| |
/s/
Election Board Member |
| |
/s/
Election Board Member |
APPROVAL
I, Rogers
CB Morton,
Secretary of the Interior of the United States of America, by virtue
of the authority granted to me by the Act of June 18, 1934 (48 Stat.
984), as amended, do hereby approve Amendment V to the Constitution
and Bylaws of the Tule River Indian Tribe, California.
|
Approval
Recommended
/s/
Commissioner of Indian Affairs
|
|
| |
/s/
Secretary of the Interior |
Washington,
DC
Date: Mar.
4, 1974
Back
to Top