DEPARTMENT OF THE INTERIOR
OFFICE OF INDIAN AFFAIRS
STOCKBRIDGE MUNSEE COMMUNITY
RATIFIED MAY 21, 1938
GOVERNMENT PRINTING OFFICE.
WASHINGTON : 1938
CORPORATE CHARTER OF THE STOCKBRIDGE MUNSEE
COMMUNITY OF WISCONSIN
A FEDERAL CORPORATION CHARTERED UNDER THE ACT OF
JUNE 18, 1934
Whereas, the Stockbridge Munsee Community of Wisconsin constitutes a recognized Indian tribe organized under a constitution and by-laws ratified by the Community on October 30, 1937, and approved by the Secretary of the Interior on November 18, 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 Community have petitioned that a charter of incorporation be granted to such Community, 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 Stockbridge Munsee Community to become effective
upon ratification by a majority vote of the adult Indians living on the
reservation voting in an election in which at least 30 per cent of the
eligible voters cast their ballots.
1. In order to further the economic development of the Stockbridge Munsee Community by conferring upon the said Community certain corporate rights, powers, privileges, and immunities; and to provide for the proper exercise by the Community of various functions heretofore performed by the Department of the Interior, the aforesaid Community is hereby chartered as a body politic and corporate of the United States of America, under the corporate name "Stockbridge Munsee Community."
2. The Stockbridge Munsee Community shall, as a Federal Corporation, have perpetual succession.
4. The Community Council of the Stockbridge Munsee Community established in accordance with the said constitution and by-laws of the Community, shall exercise all the corporate powers hereinafter enumerated.
5. The Community, subject to any restrictions contained in the Constitution and laws of the United States, or in the Constitution and By-laws of the said Community, shall have the following corporate powers, in addition to all powers already conferred or guaranteed by the Community 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 Community Council may request the termination of any supervisory power reserved to the Secretary of the Interior under sections 5 (b) 3, 5 (c), 5 (e), 5 (f), 5 (g), and section 9 of this Charter. The Secretary of the Interior, if no shall approve the request, shall submit the question of termination to the Community for referendum. Such termination shall become effective upon ratification by a majority vote of the adult members of the Community in an election in which at least 30 per cent of the eligible voters vote. If the Secretary of the Interior shall disapprove the request for termination or fail to approve or disapprove it within 90 days after its receipt, the question may then be submitted by the Secretary, or by the Community Council to the Community for referendum and if the termination is approved by two-thirds of the eligible voters living within the reservation, it shall be effective.
7. No property rights of the Stockbridge Munsee Community, as heretofore constituted, shall be in any way impaired by anything contained in this Charter, and the Community 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 Community shall not be subject to any corporate debts or liabilities, without such owners' consent. Any existing lawful debts of the Community 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 general 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 for repairs, replacements, improvements and development of corporate enterprises.
9. The Community may issue to each of its members a non-transferable certificate of membership evidencing the equal share of each member in the corporate assets of the Community and may distribute per capita, among the recognized members of the Community, all profits of corporate enterprise over and above sums necessary to defray corporate obligations, and over and above sums which may be devoted to the establishment of a reserve fund, the construction of public works, the costs of public enterprises, the expenses of Community government, the needs of charity, or other corporate purposes. No such distribution of profits in any one year amounting to more than one-half of the accrued surplus shall be made without the approval of the Secretary of the Interior. No distribution of the financial assets of the Community shall be made except as provided herein or as authorized by Congress.
10. The officers of the Community shall maintain accurate and complete public accounts of the financial affairs of the Community, 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 Community to the Commissioner of Indian Affairs. The books of the Treasurer shall be open to inspection by members of the Community or duly authorized representatives of the Government.
11. This Charter shall not be revoked or surrendered except by Act of Congress, but amendments may be proposed by resolutions of the council which, if approved by. the Secretary of the Interior, shall be effective when ratified by a majority vote of the adult members living on the reservation at a popular referendum in which at least 30 per cent of the eligible voters 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 Stockbridge Munsee Community living on the Stockbridge Munsee 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 President of the Community Council of the Stockbridge, Munsee Community.
OSCAR L. CHAPMAN,
WASHINGTON, D. C., April 6, 1938.
Pursuant to section 17 of the Act of June 18, 1934 (48 Stat. 984) this Charter, issued on April 6, 1938 by the Assistant Secretary of the Interior to the Stockbridge Munsee Community of Wisconsin, was duly submitted for ratification to the adult members living within the Reservation and was on May 21, 1938 duly ratified by a vote of 94 for and none against, in an election in which over 30 per cent of those entitled to vote cast their ballots.
HARRY A. CHICKS,
Superintendent, Tomah Agency.