DEPARTMENT OF THE INTERIOR
OFFICE OF INDIAN AFFAIRS
SAGINAW CHIPPEWA INDIAN TRIBE.
OF THE ISABELLA RESERVATION
RATIFIED AUGUST 28, 1937
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1938
CORPORATE CHARTER OF THE SAGINAW CHIPPEWA
INDIAN TRIBE OF THE ISABELLA RESERVATION OF
A FEDERAL CORPORATION CHARTERED UNDER THE ACT OF
JUNE 18, 1934
Whereas, the Saginaw Chippewa Indian Tribe of the Isabella Reservation in Michigan is a recognized Indian tribe organized under a Constitution and By-laws ratified by the Tribe on March 27, 1937, and approved by the Secretary of the Interior on May 6, 1937, pursuant to Section 16 of the Act of June 18, 1934, (48 Stat. 984), as amended by the Act of June 15, 1935 (49 Stat. 378); and
Whereas, more than one-third of the adult members of the Tribe have petitioned that a charter of incorporation be granted to such tribe subject to ratification by a vote of the adult Indians living on the reservation;
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 18, 1934 (48 Stat. 984), do hereby issue and submit this charter
of incorporation to the Saginaw Chippewa Indian Tribe of the Isabella Reservation
to be effective from and after such time as it may be ratified by a majority
vote at an election in which at least thirty per cent of the adult Indians
living on the reservation shall vote.
1. In order to further the economic development of the Saginaw Chippewa Indian Tribe of the Isabella Reservation in Michigan by conferring upon the said tribe certain corporate rights, powers, privileges and immunities; and to provide for the proper exercise by the Tribe of various functions heretofore performed by the Department of the Interior, the aforesaid tribe is hereby chartered as a body politic and corporate of the United States of America, under the corporate name "The Saginaw Chippewa Indian Tribe."
2. The Saginaw Chippewa Indian Tribe shall, as a Federal Corporation, have perpetual succession.
3. The Saginaw Chippewa Indian Tribe shall be a membership corporation. Its members shall consist of all persons now or hereafter members of the Tribe, as provided by its duly ratified and approved constitution and by-laws.
4. The Tribal Council of the Saginaw Chippewa Indian Tribe established in accordance with the said constitution and by-laws of the Tribe, shall exercise all the corporate powers hereinafter enumerated.
5. The Tribe, subject to any restrictions contained in the Constitution and laws of the United States, or in the Constitution and By-laws of the said tribe, shall have the following corporate powers, in addition to all powers already conferred or guaranteed by the tribal constitution and by-laws.(a) To adopt, use, and alter at its pleasure a corporate seal.
|Termination of Supervisory Powers.||
6. At any time after five years from the effective date of this Charter, the Tribal Council may request the termination of any supervisory power reserved to the Secretary of the Interior under sections 5 (b) 3, 5 (c), 5 (d), 5 (f), 5 (g), 5 (h), and section 9 of this Charter. Upon approval by the Secretary of the Interior of such request the supervisory power in question shall be terminated forthwith. If such request shall be made and the Secretary of the Interior shall disapprove it or fail to approve or disapprove it within 90 days after its receipt, the question of the termination of any such power may then be submitted by the Secretary of the Interior or by the Tribal Council to popular referendum of the adult members of the Tribe actually living within the reservation and if the termination is approved by two-thirds of the eligible voters, it shall be effective.
7. No property rights of the Saginaw Chippewa Indian Tribe as heretofore constituted, shall be in any way impaired by anything contained in this Charter, and the tribal ownership of unallotted lands, whether or not assigned to the use of any particular individuals, 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. Any existing lawful debts of the Tribe shall continue in force, except as such debts may be satisfied or canceled pursuant to law.
8. Twenty-five per cent of net income from corporate enterprises shall be placed in a reserve fund, annually, until said reserve fund equals not less than 25 per cent of the capital investment in such corporate enterprises. Thereafter the amount of net income to be devoted to the reserve fund may be optional, except that amounts expended therefrom shall be replaced in the same manner that the fund was created. This fund shall be used only for repairs, replacements, improvements, and expansion of corporate enterprises.
9. The Tribe may issue to each of its members a non-transferable certificate of interest in corporate property and corporate enterprises evidencing the equal share of each of such members of the Tribe in the corporate assets of the Tribe and may make a dividend distribution among such members of profits of corporate enterprises over and above all sums which may be devoted to the establishment of a reserve fund, the construction of public works, the cost of public enterprise, the expenses of tribal government, the needs of charity, or other corporate purposes. No such distribution of profits shall be made amounting to a distribution of more than one-half of the accrued surplus, without the approval of the Secretary of the Interior. No distribution of the financial assets of the Tribe shall be made except as provided herein or as authorized by Congress.
10. The officers of the Tribe shall maintain accurate and complete public accounts of the financial affairs of the Tribe which shall clearly show all credits, debts, pledges, and assignments, and shall furnish an annual balance sheet and report of the financial affairs of the Tribe to the Commissioner of Indian Affairs.
11. This Charter shall not be revoked or surrendered except by Act of Congress, but amendments may be proposed by resolutions of the Tribal Council which, of approved by the Secretary of the Interior, shall be effective when ratified by a majority vote of the adult members of the Tribe residing on the reservation at a popular referendum in which at least 30 per cent of the eligible voters shall vote.
12. This Charter shall be effective from and after the date of its ratification by a majority vote of the adult members of the Saginaw Chippewa Indian Tribe residing on the Isabella Reservation, provided at least 30 per cent of the eligible voters shall vote, such ratification to be formally certified by the Superintendent of the Tomah Agency and the Tribal Chief and Tribal Secretary of the Tribal Council.
OSCAR L. CHAPMAN,
WASHINGTON, D. C., August 13, 1937.
Pursuant to section 17 of the Act of June 18, 1934 (48 Stat. 984), this Charter, issued on August 13, 1937 by the Assistant Secretary of the Interior to the Saginaw Chippewa Indian Tribe of the Isabella Reservation, Michigan, was duly submitted for ratification to the adult Indians living on the reservation and was on August 28, 1937 duly ratified by a vote of 72 for, and 2 against, in an election in which over thirty per cent of those entitled to vote cast their ballots.
ELMER B. SIMONDS,
Superintendent of the Tomah Agency.