UNITED STATES
DEPARTMENT OF THE INTERIOR
OFFICE OF INDIAN AFFAIRS
CONSTITUTION AND BY-LAWS OF THE
CHEYENNE-ARAPAHO TRIBES
OF OKLAHOMA
RATIFIED SEPTEMBER 18,1937
UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1938
CONSTITUTION AND BY-LAWS OF THE CHEYENNE-
ARAPAHO TRIBES OF OKLAHOMA
PREAMBLE
We, the Indians of the Cheyenne-Arapaho Tribes of
Oklahoma, in order to promote more unified tribal economic progress, to
better transact our tribal business and industrial affairs, to protect
our religious rights, to protect and maintain our allotted lands, to look
after our just claims and our rights under treaty stipulations, to borrow
money from the Federal Government, such funds to constitute a tribal revolving
fund from which sums may be lent to individual members of the Tribes and
to groups of members for cooperative enterprises, to participate in the
management of tribal lands and property, to assist and advise in the purchase
of land which the government may obtain for landless members of the Tribes,
to negotiate with the representatives of Federal, State and local Governments
in regard to all matters affecting the Tribes now or in the future, and
to further the general welfare of ourselves and our posterity, do hereby
adopt the following Constitution and By-laws pursuant to the Thomas-Rogers
Oklahoma Indian Welfare Act of June 26, 1936.
The name of this organization shall be the Cheyenne-Arapaho Tribes of Oklahoma.ARTICLE I - NAME
ARTICLE II - TERRITORY
The territory in which this Constitution shall be effective is the lands owned by the Cheyenne and Arapaho Indians within the boundaries of the Cheyenne and Arapaho territory as defined by the agreement of 1890 (ratified by the Act of March 3, 1891), and tribal lands or land which shall hereafter become tribal property.
ARTICLE III - MEMBERSHIP
SECTION 1. The membership of the Cheyenne-Arapaho
Tribes shall consist of the following persons:
(a) All persons of Indian
blood whose names appear on the official tribal census roll as of June
26, 1936.
(b) All children born
since the date of said roll, both of whose parents are members of the Tribes.
(c) Any child born
of a marriage between a member of the Tribes and a member of some other
Tribe who chooses to affiliate with the Cheyenne-Arapaho Tribes.
(d) Any child born
of a marriage between a member of the Cheyenne-Arapaho Tribes and any other
person, if such child is admitted to membership by a majority vote of the
Business Committee.
SEC. 2. The Business Committee shall have
the power to make rules and regulations, subject to review of the Secretary
of the Interior, governing future membership and the adoption of new members.
ARTICLE IV - INDIVIDUAL RIGHTS AND PRESENT SERVICES
SECTION 1. Individual rights in allotted and
inherited lands shall not be disturbed by anything contained in this Constitution.
SEC. 2. The rights of members as citizens
of the United States and of the State of Oklahoma shall not be disturbed
by anything contained in this Constitution.
SEC. 3. Existing aids and services extended
to the Tribe, such as health service, education, extension service, etc.,
shall not be curtailed because of anything contained in this Constitution.
SEC. 4. In all recommendations for employment
of persons to fill positions on the Cheyenne and Arapaho jurisdiction first
preference shall be given to qualified enrolled members of this organization
and second preference shall be given to persons married to members of the
organization.
SEC. 5. All members of the Tribes may enjoy
freedom of speech, conscience, worship and assembly.
SEC. 6. No treaty rights of the Cheyenne or
the Arapaho Tribe shall be in any way affected by any provision of this
Constitution.
ARTICLE V - GOVERNING BODY
SECTION 1. The governing body of the organization
shall be called the Cheyenne-Arapaho Business Committee.
SEC. 2. The Cheyenne-Arapaho Business Committee
shall consist of 28 members, 14 Cheyennes and 14 Arapahoes, selected in
the following manner:
(a) The Cheyenne Chiefs
and Headmen shall appoint one of their members, a resident of the district
he shall represent, from each of the 7 Cheyenne districts. One representative
from each of the listed 7 Cheyenne districts shall be elected by popular
vote of the eligible voters of the districts: Kingfisher, Calumet-Geary,
Watonga, Canton, Thomas, Hammon, Clinton. If no chief or headman resides
in a Cheyenne District, two representatives shall be elected from that
district by popular vote.
(b) The Arapahoes
shall be represented on the Business Committee by 14 members, some of whom
may be tribal chiefs. They must be residents of the districts from which
they are elected ancl shall be chosen by popular vote as follows: 3 representatives
from Colony, 4 representatives from Geary, 3 representatives from Greenfield,
4 representatives from Canton.
SEC. 3. All members of the Tribes, 21 years
of age or older, shall be eligible as candidates for the Business Committee,
subject to requirements already cited pertaining to chiefs and headman.
SEC. 4. All members of the Tribes, 21 years
of age or older, shall be entitled to vote in all elections.
SEC. 5. Members of the Business Committee
and the Chairman thereof shall hold office for a term of two years from
date of election or until their successors are chosen. Cheyenne voters
not residing within a Cheyenne District and Arapaho voters not residing
within an Arapaho District may affiliate with any district of their own
Tribe for purposes of voting and representation.
SEC. 6. The first election shall be called
by the Superintendent within 60 days after the adoption of this Constitution
and regular elections shall be held every second year thereafter.
SEC. 7. A meeting of duly elected tribal representatives
shall be called by the Superintendent within 30 days after the election
at which they are chosen. At this meeting the Business Committee shall
select the following officers from its membership: Chairman, Vice-Chairman,
Secretary, Treasurer, and Sergeant-at-Arms.
SEC. 8. Subject to the approval of the Business
Committee, the Chairman shall appoint committees for the carrying on of
business.
SEC. 9. Vacancies on the Business Committee
shall be filled by a special election held in the district which has lost
representation by that vacancy. Where the former member whose place is
to be filled had been selected as a Cheyenne Chief or Headman, the Cheyenne
Chiefs and Headmen will name his successor. Where the former member of
the Business Committee had been chosen by popular vote, the same procedure
will apply to the election of his successor.
SEC. 10. Any member or officer of the Business Committee
charged with misconduct or negelet of duty during his term of office may
be expelled by a majority vote of the Business Committee after a fair hearing.
ARTICLE VI - POWERS OF BUSINESS COMMITTEE
The Business Committee shall have power to act for
the Tribes in matters pertaining to claims, credit, acquisition of land
and any such matters in which the Cheyenne-Arapaho Tribes may be authorized
to act.
Matters of importance may be referred by 14 members
of the Business Committee to a popular referendum of the members of the
Tribes, and until such referendum is held action on the matters shall be
suspended.
Amendments to this Constitution may be proposed by a majority vote of the eligible voters at a general meeting, and if approved by the Secretary of the Interior shall be submitted to a referendum vote of the members of the Tribes and shall be effective if approved by a majority vote.
BY-LAWS OF THE CHEYENNE-ARAPAHO TRIBES OF OKLAHOMA
ARTICLE I - DUTIES OF OFFICERS
SECTION 1. The Chairman of the Business Committee
shall preside over all meetings of the Committee, shall perform all the
duties of a chairman and exercise any authority delegated to him by the
Business Committee. He shall have the privilege of voting in case of a
tie.
SEC. 2. The Vice-Chairman of the Business
Committee shall call the roll at the opening of each meeting. He shall
then read the minutes of the previous meeting. The minutes shall be approved
by the Business Committee, after which it shall be the duty of the Secretary
to call to the attention of the Business Committee any unfinished business
of the previous meeting. Further, the Secretary shall read to the
Committee all communications which have been received during the month
by said Committee. It shall be the duty of the Secretary to answer all
correspondence after it has been discussed and a decision made by the Business
Committee.
SEC. 3. The Treasurer of the Business Committee,
shall be the custodian of all moneys which come under the jurisdiction
or in control of the Cheyenne-Arapaho Business Committee. He shall pay
out money in accordance with the orders and resolution of the Business
Committee. He shall keep account of all receipts and disbursements and
shall report the same to the Business Committee at each regular meeting.
He shall be bonded in such an amount as the Business Committee by resolution
shall provide, such bond to be satisfactory to the Commissioner of Indian
Affairs. The books of the Treasurer shall be subject to audit or inspection
at the discretion of the Business Committee.
ARTICLE II - OATH OF OFFICE
Each member of the Business Committee and each officer or subordinate officer elected or appointed hereunder, shall take an oath of office prior to assuming the duties thereof by which oath he shall pledge himself to support and defend the Constitution of the United States and this Constitution and By-laws. The following form of oath of office shall be given: "I, --------------------------, do hereby solemnly affirm that I will support and defend the Constitution of the United States against all enemies and will carry out faithfully and impartially, the duties of my office to the best of my ability, and will promote and protect the best interests of the Cheyenne-Arapaho Tribes in accordance with this Constitution and By-laws."
ARTICLE III - MEETINGS OF THE BUSINESS COMMITTEE
SECTION 1. Regular meetings of the Business
Committee shall be held on the first Wednesday of each month at the Cheyenne-Arapaho
Agency at Concho, Oklahoma, or such other place as is chosen by the Business
Committee.
SEC. 2. Special meetings of the Business Committee
may be called at the discretion of the Chairman, or shall be called by
him upon written request of a majority of the members of the Business Committee
or upon the written request of 100 members of the Cheyenne-Arapaho Tribes.
SEC. 3. A general meeting of the Cheyenne-Arapaho
Tribes shall be held on tle first Wednesday of the month of October of
each year. The meeting place will be designated by the Business Committee.
ARTICLE IV - QUORUM
SECTION 1. Fourteen members of the Business Committee, of whom one-half shall be Cheyennes and one-half shall be Arapahoes, shall constitute a quorum at any meeting.
ARTICLE V - RATIFICATION
This Constitution and By-laws shall be effective when approved by the Secretary of the Interior and ratified by a majority vote of the Indians of the Cheyenne-Arapaho Tribes voting at an election called by the Secretary of the Interior under regulations which he may prescribe pursuant to section 3 of the Oklahoma Indian 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 Cheyenne-Arapaho Tribes 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 incompatible with any of the provisions of the said Constitution
and By-laws, are hereby declared inapplicable to the Cheyenne-Aranaho Tribes
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,
Assitant Secretary of the Interior.
[SEAL]
WASHINGTON, D. C., August 25,1937.
CERTIFICATE OF ADOPTION
Pursuant to an order, approved August 25, 1937 by the Assistant Secretary of the Interior, the attached constitution and by-laws was submitted for ratification to the members of the Cheyenne-Arapaho Tribes and was on September 18, 1937 duly approved by a vote of 542 for, and 417 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).
ALFRED WILSON,
Chairman, Business Committee.
JESSE ROWLODGE,
Secretary, Business Committee.
CHAS. H. BERRY,
Supertendent, Cheyenne
and Arapaho Agency.
AMENDMENT TO CONSTITUTION AND BY-LAWS OF THE
CHEYENNE-ARAPAHO TRIBES OF OKLAHOMA
AMENDMENT 1.
Article V of the Constitution and By-laws of the
Cheyenne-Arapaho Tribes of Oklahoma shall be amended as follows:
1. Section 2.
"SEC. 2. The Cheyenne-Arapaho Business Committee
shall consist of fourteen members, seven Cheyennes and seven Arapahoes,
elected by popular vote, provided that the present Cheyenne-Arapaho Business
Conunittee shall serve until its successors are elected.
"(a) The Business Committee shall designate
the districts from which its membership shall be elected and shall determine
the ratio of representation.
" (b) Within sixty days after the ratification of
this amendment an election shall be held, under rules and regulations prescribed
by the Business Committee, and the members so elected shall serve until
the next regular election in November 1943, or until their successors are
elected. Elections shall be held every second year hereafter."
2. Section 3.
"SEC. 3. All members of the Tribes, 21 years of
age or older, shall be eligible as candidates for the Business Committee
3. Section 6 shall be omitted and the subsequent
sections renumbered accordingly.
4. Section 9 will become Section 8 in accordance
with No. 3 above, and shall read:
"SEC. 8. Vacancies on the Business Committee
shall be filled by a special election held in the district which has lost
representation by that vacancy."
Article VI of the Constitution and By-laws of the
Cheyenne-Arapaho Tribes of Oklahoma shall be amended as follows:
In the second paragraph of this Article substitute
the number "7" for " 14. "
Article III of the By-laws shall be amended by adding
Section 4, which shall read as follows:
"SEC. 4. Special meetings of the Cheyenne-Arapaho
Tribes may be called at the discretion of the Chairman of the Business
Committee, but shall be called by him upon the written request of a majority
of the Business Committee or upon the written request of one hundred adult
members of the Cheyenne-Arapaho Tribes."
Article IV of the By-laws, Section I shall be amended
as follows:
"SECTION 1. Eight members of the Business Committee,
of whom one half shall be Cheyennes and one half Arapahoes, shall constitute
a quorum at any meeting."
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 Amendment I to the Constitution and By-laws of the Cheyenne-Arapaho
Tribes of Oklahoma.
Approval recommended: November 6, 1941.
JOHN COLLIFR,
Commissioner.
OSCAR L. CHAPMAN,
Assistant Secretary.
[SEAL]
WASHINGTON, D. C., December 11, 1941.
CERTIFICATION
Pursuant to an order approved December 11, 1941,
by the Assistant Secretary of the Interior, the attached Amendment I to
the Constitution and By-laws of the Cheyenne-Arapaho Tribes of Oklahoma,
was submitted for ratification to the qualified voters of the Cheyenne-Arapaho
Tribes, and on February 4 1942, was ratified, by a vote of 193 for, and
161 against, in an election in which more than 30 percent of those entitled
to vote cast their ballots in accordance with section 3 of the Oklahoma
Indian Welfare Act of June 26, 1936 (49 Stat. 1967).
JESSE ROWLODGE,
Chairman, Business Committee.
ALFRED WILSON,
Secretary, Business Committee.
GUY HOBGOOD,
Superintendent, Cheyenne-Arapaho
Agency.