CONSTITUTION AND BY-LAWS OF THE NATIVE VILLAGE OF GAMBELL
RATIFIED DECEMBER 31, 1939
AlS30SB94846
UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON 1941
We, a group of Eskimos having the common bond of living together in the Village of Gambell, Territory of Alaska, in order to have better life and greater security, make for ourselves this Constitution and By-laws, by authority of the act of Congress of June 18, 1934, as amended by the acts of June 15,1935, and May 1, 1936.
ARTICLE I-NAME
This organization shall be called the "Native Village of Gambell".
ARTICLE 2-MEMBERSHIP
SECTION 1. First Members.-All persons whose
names are on the list of native residents, made according to the Instructions
of the Secretary of the Interior for Organization in Alaska, shall be members
of the Village.
SEC. 2. Children of Members.-All children
of any members shall be members of the Village.
SEC. 3. Loss of Membership.-Any member may
willingly give up his membership, or his membership may be taken away for
good reason by the Village, or if he moves away from the Village, intending
not to return, he shall lose his membership.
SEC. 4. New Membership.-Any person who has
lost his membership and any other native person may be made a member if
he sets up a home in the Village.
SEC. 5. Membership Rules.-The Village may
make rules to govern membership, either for the purpose of carrying out
this Article or covering membership matters not taken care of in this Article.
ARTICLE 3--GOVERNING BODY
SECTION 1. Choice of Governing Body.-At a
general meeting following the acceptance of this Constitution, the Village
membership shall decide what kind of governing body it wishes to set up
to speak and act for the Village and to use the powers of the Village.
If there is a governing body already set up in the Village at the time
this Constitution is accepted, the Membership may decide to keep that governing
body, or it may choose a new form of government.
SEC. 2. Choice of Officers.-The Village shall
at the same time decide how members and officers of the governing body
shall be chosen and how long they shall serve. The Village shall then choose
the members to serve in the governing body and such officers as may be
thought necessary.
SEC. 3. Meetings Of Membership and Governing
Body.-The Village shall decide when and how often there should be meetings
of the whole Village membership as well as of the governing body; also
it shall decide what notice shall be given for the calling of meetings
and how many members must be present at such meetings in order to do business;
and it may make any other rules necessary for the holding of meetings.
A general meeting of the whole membership shall be held at least once a
year.
SEC. 4. Record and Report of Village Decisions.-.A
record shall be made and kept of all the rules made under sections 1, 2,
and 3 of this Article, which record shall be called the Record of Organization
of the Native Village of Gambell. Copies of this record shall be given
to the teacher or other representative of the Office of Indian Affairs
serving the Village. The shall be put in the record the names of all persons
chosen to be officers of the Village.
ARTICLE 4-POWERS OF THE VILLAGE
SECTION 1. Powers held.-The Village shall
have the following powers:
To do all things for the common good which it has
done or has had the right to do in the past and which are not against Federal
law and such Territorial law as may apply.
To deal with the Federal and Territorial Governments
on matters which interest the Village, to stop any giving or taking away
of Village lands or other property without its consent, and to get legal
aid, as set forth in the act of June 18, 1934.
To control the use by members or nonmembers of any
reserve set aside by the Federal Government for the Village and to keep
order in the reserve.
To guard and to foster native life, arts and possessions
and native customs not against law.
SEC. 2. Grant of More Powers.-The Village
may have and use such other powers as may be given to it by the Federal
or Territorial Government.
SEC. 3. Use of Powers.-The governing body
shall put into use such of the powers of the Village as the Village may
give to it at general meetings of the membership and shall make reports
of its actions to the membership at general meetings.
SEC. 4. Rule-making Power.-The Village may
make rules which are not against law to carry out the words of this Constitution.
ARTICLE 5-RIGHTS OF MEMBERS
SECTION 1. Right to Vote.-All members of the
Village 21 years of age or over shall have the right to vote in Village
meetings and elections.
SEC. 2. Right to Speak and Meet Freely.-Members
of the Village shall have the right to speak and meet together freely in
a peaceable way.
SEC. 3. Right to Share in Benefits-Members
of the Village shall have equal chance to share in the benefits of the
Village.
ARTICLE 6-CHANGES IN THE CONSTITUTION
Changes in this Constitution and By-laws may be made if the changes are approved by the Secretary of the Interior and by a majority vote of the Village members voting in an election called by the Secretary of the Interior at which at least 30 percent of the voting membership take part.
BY-LAWS OF THE NATIVE VILLAGE OF GAMBELL
ARTICLE I-OFFICERS AND THEIR DUTIES
SECTION 1. Village Records.-T'he Village or
the governing body shall choose one or more members who shall have the
duty of keeping records of all actions and decisions of the Village
and of the governing body and of giving copies of the records to the representative
of the Office of Indian Affairs serving the Village.
SEC. 2. Village Funds-The Village or the
governing body shall choose one or more members who shall have the duty
of caring for the Village funds and keeping records of all funds taken
in and paid out and giving copies of the records to the representative
of the Office of Indian Affairs.
SEC. 3. Officers and Agents.-The Village
or the governing body may choose as many officers and agents as it may
need to carry out its duties and shall state the length of service and
the duties of each officer or agent when he is chosen.
ARTICLE 2-ADOPTION
This Constitution and By-laws shall be in effect when it is agreed to by a majority vote of the Village members voting in in election called for the purpose by the Secretary of the Interior, provided that at least 30 percent of the voting membership take part. The persons entitled to vote are all the adult native residents in the Village of Gambell.
APPROVAL
This Constitution and By-laws is hereby approved
by the Assistant Secretary of the Interior and submitted for acceptance
or rejection by the group of Eskimos having a common bond of living together
in in the Village of Gambell, Alaska, in an election called and held under
the Instructions of the Secretary of the Interior.
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 By-laws will be inapplicable to the Village of Gambell, Territory of
Alaska, from and after the date of adoption of this Constitution.
All officers end employees of the Interior Department,
are ordered to abide by the provisions of the said Constitution and By-laws.
OSCAR L. CHAPMAN,
Assistant Secretary.
[SEAL]
WASHINGTON, D. C., May 23, 1939.
CERTIFICATION OF ADOPTION
Pursuant to an order, approved May 23,1939, by the Assistant Secretary of the Interior, the attached constitution and bylaws was submitted for ratification to the group of Indians having a common bond of residence in the Village of Gambrell, Territory of Alaska, and was on December 31, 1939, duly ratified by a vote of 76 for and 3 against in an election in which over 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).