DEPARTMENT OF THE INTERIOR
OFFICE OF INDIAN AFFAIRS
PAWNEE INDIAN TRIBE OF OKLAHOMA
RATIFIED APRIL 28, 1938
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1938
CORPORATE CHARTER OF THE PAWNEE INDIAN TRIBE
A FEDERAL CORPORATION CHARTERED UNDER THE
ACT OF JUNE 26, 1936
Whereas, the Pawnee Indian Tribe of Oklahoma constitutes a recognized Tribe of Indians residing in Oklahoma, organized under a Constitution and By-laws approved by the Assistant Secretary of the Interior on November 26, 1937, and ratified by the Indians of the said Tribe on January 6, 1938, pursuant to Section 3 of the Oklahoma Indian Welfare Act of June 26, 1936 (49 Stat. 1967); and
Whereas, the said Tribe, by resolution of the Pawnee Business Council duly authorized, has requested that a charter of incorporation be issued to the said Tribe, subject to ratification by vote of the members of the Tribe;
Now, therefore, I, Oscar L. Chapman, Assistant Secretary
of the Interior, by virtue of the authority conferred upon me by the said
Act of June 26, 1936, do hereby issue this charter of incorporation to
the Pawnee Indian Tribe of Oklahoma, to be effective from and after such
time as it may be ratified by a majority vote of the adult members of the
Pawnee Indian Tribe voting: Provided, however, That such
election shall be void unless the total vote cast be at least 30 per cent
of those entitled to vote.
1. The corporate purposes of the Pawnee Indian Tribe of Oklahoma shall be:(a) To define and safeguard the rights and powers of the Pawnee Indian Tribe of Oklahoma and its members.
|Name, Membership and Organization.||
2. The name of this corporation shall be the Pawnee Indian Tribe of Oklahoma, as provided in the Constitution and By-laws of the said Tribe. The membership, the officers, and the management of the incorporated Tribe shall be as provided in the said constitution and by-laws.
3. The Pawnee Indian Tribe of Oklahoma, subject to any restrictions contained in the Constitution and laws of the United States or in the Constitution and By-laws of the Tribe, and to the limitations of sections 4 and 5 of this Charter, shall have the following corporate powers as provided by section 3 of the Oklahoma Indian Welfare Act of June 26, 1936.(a) To have succession by its corporate name perpetually.
|Limitations of Corporate Powers.||
4. The foregoing corporate powers shall be subject to the following limitations:(a) No tribal land or interest in land shall ever be sold or mortgaged.
|Departmental Review of Corporate Acts.||
5. Until ten years from the date of ratification of this Charter, or such other date as may be fixed pursuant to Section 6, the following corporate acts or transactions shall be valid only after approval by the Secretary of the Interior or his duly authorized representatives:(a) Any contract involving a payment by the Tribe of more than a total sum of $3,000 or of more than $1,200 in any one year.
6. At any time within ten years after the ratification of this Charter, any power of review established by Section 5 may be terminated by the Secretary of the Interior with the consent of the Pawnee Business Council and the Nasharo Council. At or before the expiration of this ten-year period, the Secretary may propose a further extension of this period. Such proposed extension shall be effective unless disapproved by a three-fourths vote of the combined Pawnee Indian Council and the Nasharo Council.
7. Any rights and powers heretofore vested in the Pawnee Indian Tribe of Oklahoma, not expressly referred to in the Constitution, by-laws or charter of the said Tribe, shall not be abridged, but may be exercised by the people of the Pawnee Indian Tribe of Oklahoma, through the adoption of appropriate additions and amendments to the constitution and by-laws or charter of the said Tribe. No property rights or claims of the Pawnee Indian Tribe existing prior to the ratification of this Charter shall be in any way impaired by anything contained in this Charter. The tribal ownership of unallotted lands, whether or not occupied by any particular individual, is hereby expressly recognized. The individually owned property of members of the Tribe shall not be subject to any corporate debts or liabilities without such owners' consent.
8. This Charter shall not be revoked or surrendered except by an Act of Congress, but amendments may be proposed by a majority vote of the Pawnee Business Council or by a petition by 30 per cent of the adult members of the Tribe. Such amendments, if approved by the Secretary of the Interior, shall be submitted to referendum vote of all adult members of the Tribe, and shall be effective if approved by a two-thirds vote of the membership voting in person, provided that at least 50 votes are cast.
9. This Charter shall be effective from and after the date of its ratification by a majority vote of the adult members of the Pawnee Indian Tribe of Oklahoma: Provided, That at least 30 per cent of the eligible voters shall vote, such ratification to be formally certified by the Superintendent of the Pawnee Indian Agency and by the President and Secretary-Treasurer of the Tribe.
OSCAR L. CHAPMAN,
WASHINGTON, D. C., March 29, 1938.
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 charter of the Pawnee Indian Tribe of Oklahoma, subject to ratification by the Tribe in the manner therein provided.
Upon ratification of this Charter 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 charter and the Constitution and By-laws, approved by me on November 26, 1937, and duly ratified by the Tribe on January 6, 1938, are declared inapplicable to the Pawnee Indian 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, and the charter if, and when, ratified by the Tribe.
Approval recommended March 22, 1938.
WILLIAM ZIMMERMAN, Jr.,
Acting Commissioner of Indian Affairs.
OSCAR L. CHAPMAN,
WASHINGTON , D. C., March 29, 1938.
Pursuant to section 3 of the Act of June 26, 1936 (49 Stat. 1967), this Charter, issued on March 29, 1938 by the Assistant Secretary of the Interior to the Pawnee Indian Tribe of Oklahoma was duly submitted for ratification to the adult members of the Tribe, and was on April 28, 1938 duly approved by a vote of 155 for, and 27 against, in an election in which over 30 per cent of those entitled to vote cast their ballots.
GEORGE H. ROBERTS,
HARRY D. CUMMINGS,
LEM A. TOWERS,
Superintendent, Pawnee Indian Agency.