DEPARTMENT OF THE INTERIOR
OFFICE OF INDIAN AFFAIRS
CONSTITUTION AND BY-LAWS OF
THE KICKAPOO TRIBE OF OKLAHOMA
RATIFIED SEPTEMBER 18,1937
GOVERNMENT PRINTING OFFICE
CONSTITUTION OF THE KICKAPOO TRIBE OF
We, the Kickapoo Indians of Oklahoma, in order to promote our common welfare and to secure to ourselves and our descendants the rights, powers and privileges offered by the Thomas-Rogers Oklahoma Indian Welfare Act of June 26,1936 (49 Stat. 1967), do establish this organization and adopt the following Constitution and By-laws pursuant to that Act.
The name of this organization shall be the Kickapoo Tribe of Oklahoma.
ARTICLE II-MEMBERSHIP OF TRIBE
The membership of the Kickapoo Tribe of Oklahoma
shall consist of the following persons:
SECTION 1. All persons of Indian blood whose names appear on the official census roll of the Tribe as of January 1, 1937.
SEC. 2. All children born since the date of said roll, both of whose parents are members of the Tribe.
SEC. 3. Any child born of a marriage between a member of the Kickapoo Tribe and a member of any other Indian tribe who chooses to affiliate with the Kickapoo Tribe.
SEC. 4. Any child born of a marriage between a member of the Kickapoo Tribe and any other person, if such child is admitted to membership by the Council of the Kickapoo Tribe.
SEC. 5. The Business Committee shall have the power to make rules and regulations subject to review of the Secretary of the Interior, governing the adoption of members not otherwise provided for in this Constitution and By-laws.
ARTICLE III-MEMBERSHIP OF COUNCIL
The supreme groverning body of the Tribe shall be the Kickapoo Council. The membership of the Council shall be all the members of the Kickapoo Tribe, 21 years of age and older, residing in Oklahoma.
SECTION 1. The officers of this Tribe shall be the Chairman, Vice-Chairman, Secretary, Treasurer, and one Councilman. The term of officers shall be for two years, or until their successors are elected and installed.
SECTION 1. There shall be a Business Committee which
shall consist of the officers and councilman as provided in Article IV.
This committee shall have power to transact business and otherwise speak
or act on behalf of the Tribe in all matters on which the Tribe is empowered
to act. The powers of the Tribe shall be set forth in detail in the corporate
charter to be requested by the Business Committee.
SEC. 2. Grievance Committee.-This committee shall consist of three members who shall be elected by the Council and shall not include any members of the Business Committee.
SECTION 1. Annual meetings of the Council shall
be held on the first Wednesday of June for the purpose of receiving reports
and transacting any other business which may come regularly before the
SEC. 2. Special meetings of the Council may be called at the discretion of the Chairman, and shall be called by him upon the written request of a majority of the Business Committee or upon the written request of twenty-five members of the Tribe or pursuant to a vote of the Council at any meeting, provided that at least ten days' notice shall be given in each instance.
SEC. 3. The principal object of a special council meeting must be stated in the call for same and may include the words "and for the transaction of other business that may be presented." Unless these words are added no other business can be transacted except for the object stated in the call.
SEC. 4. The regular meetings of the Business Committee shall be held on the first Wednesday in each month unless otherwise provided by resolution.
SEC. 5. Special meetings of the Business Committee may be called by the Chairman at his discretion, and shall be called by him upon the written request of three members of the Business Committee.
SECTION 1. Within 30 days after the adoption
of this Constitution and By-laws an election of officers and members of
the Grievance Committee shall be held by the Council. The officers and
members of the Grievance Committee elected at this election shall serve
till the next regular election provided for in section 2 of this Article
or until their successors are elected and installed.
SEC. 2. Regular elections of officers and members of the Grievance Committee shall be held by the Council at its regular annual meeting on the first Wednesday in June, 1939, and on the first Wednesday in June of each second year thereafter.
SEC. 3. Election shall be by standing vote, a majority vote of the membership present being necessary to elect. Where there are more than two candidates for an office and no one receives a majority vote the low candidate shall be eliminated and voting shall proceed until one candidate receives a majority of the votes cast. Nominations may be made from the floor. The newly elected officers shall be installed immediately upon their elections.
Vacancies in any elective office shall be filled for an unexpired term at any special or regular meeting of the Council.
ARTICLE IX-REMOVAL OF OFFICERS
The Grievance Committee shall investigate complaints of misconduct in office of the members of the Business Committee and upon a proper showing shall call a special meeting of the Council to act upon such complaints. The Council shall have power, by a majority vote, after giving the accused a hearing, to remove him from office and proceed to elect a successor.
ARTICLE X-BILL OF RIGHTS
SECTION 1. All members of the Tribe shall enjoy
without hindrance, freedom of worship, conscience, speech, press, assembly
SEC. 2. This Constitution shall not in any way alter, abridge or otherwise jeopardize the rights and privileges of the members of this Tribe as citizens of the State of Oklahoma or the United States.
SEC. 3. The individual property rights of any member of the Tribe shall not be altered, abridged or otherwise affected by the provisions of this Constitution and By-laws without the consent of such individual member.
Amendments to this Constitution and the attached By-laws may be proposed by a majority vote of the Business Committee or by a petition signed by thirty per cent of the adult members of the Tribe, and if approved by the Secretary of the Interior, shall be submitted to a referendum vote of the adult members of the Tribe, and shall be effective if approved by a majority of the votes cast.
BY-LAWS OF THE KICKAPOO TRIBE OF OKLAHOMA
ARTICLE I-DUTIES OF OFFICERS
SECTION 1. Chairman.-The Chairman shall
preside at all meetings of the Council and of the Business Committee. He
shall have general supervision of the affairs of the Council and of the
Business Committee and shall perform all duties pertaining to the office
SEC. 2. Vice-Chairman.-In the absence of the Chairman, the Vice-Chairman shall perform the duties of that office. In case of vacancy, the Vice-Chairman shall succeed at once to the office of the Chairman until the next special or regular election for the office of Chairman.
SEC. 3. Secretary.-The Secretary shall keep an accurate account of all proceedings and official records of the Council and of the Business Committee. He shall be responsible for the prompt and efficient handling of all correspondence pertaining to the business of the Council and of the Business Committee. All official records of the Secretary shall be open to inspection by the members of the Council, in the presence of the Secretary, upon the order of the Grievance Committee. He shall keep a correct list of all members of the Council, shall authenticate all accounts or orders of the Council and, in the absence of the Chairman and Vice-Chairman shall call meetings to order until a chairman pro tem is elected. He shall render a written report at the annual Council meeting and, at the expiration of his term of office, the records and all papers in his possession shall be turned over to his successor.
SEC. 4. Treasurer-The Treasurer shall be the custodian of all funds in possession of the Council from any source. He shall keep an accurate record of all such funds and shall disburse the same in accordance with the vote of the Business Committee. He shall render a written report at the annual Council meeting and at such times that he is requested to do so by the Business Committee. He shall keep all tribal moneys entrusted to his care in a special account. At any time that such account shall amount to more than $50, he shall file a bond satisfactory to the Business Committee, and the Commissioner of Indian Affairs. The cost of such bond shall be paid out of tribal money. At the expiration of his term of office, the records and all papers and funds in his possession shall be turned over to his successor.
ARTICLE II-QUALIFICATIONS OF 0FFICERS
Any person elected to membership on the Business
Committee shall be not less than 21 years of age and a member of the Kickapoo
Tribe of Oklahoma. At the time of his election, he shall be a bona fide
resident of the territory known as the Shawnee Indian Agency jurisdiction
in Oklahoma. Any person holding an elective office removing from the Shawnee
Agency jurisdiction shall automatically lose office
All regular and special meetings of the Council and of the Business Committee shall be held at the Kickapoo Community House unless some other point under the Shawnee Agency jurisdiction is designated in the call or notice.
SECTION 1. Twenty-five members of the Council
shall constitute a quorum to transact business at any meeting.
SEC. 2. Three members of the Committee shall constitute a quorum to transact business at any meeting.
This Constitution and By-laws shall be effective
when approved by the Secretary of the Interior and ratified by a majority
vote of the members of the Kickapoo Tribe of Oklahoma voting at an election
called by the Secretary of the Interior under rules and regulations promulgated
pursuant to Section 3 of the Oklahoma Welfare Act of June 26, 1936.
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 26,1936 (49 Stat. 1967), do hereby approve the attached Constitution and By-Laws of the Kirkapoo Tribe of Oklahoma.
All rules and regulations heretofore promulgated by the Interior Department or by the Office of Indian Affairs, so far as they may be incorr.ipatible with any of the revisions of the said Constitution and By-laws, are hereby declared inapplicable to the Kickapoo Tribe of Oklahoma.
All officers and employees of the Interior Department are ordered to abide by the provisions of the said Constitution and By-laws.
Approval recommended August 11, 1937.
WILLIAM ZIMMERMAN, Jr.,
Assistant Commissioner of Indian Affairs.
OSCAR L. CHAPMAN,
Assistant Secretary of the Interior.
WASHINGTON, D. C., August 18,1937.
CERTIFICATION OF ADOPTION
Pursuant to an order, approved August 18, 1937 by
the Assistant Secretary of the Interior, the attached Constitution and
By-laws was submitted for ratification to the members of the Kickapoo Tribe
of Oklahoma and was on September 18,1937 duly approved by a vote of 64
for, and 26 against, in an election in which over 30 per cent of those
entitled to vote cast their ballots, pursuant to Section 3 of the Oklahoma
Indian Welfare Act of June 26, 1936 (49 Stat. 1967).
Chairman, Business Committee.
Member Business Committee and Kickapoo
F. E. PERKINS,
Superintendent, Shawnee Indian Agency, Oklahoma.