UNITED STATES
DEPARTMENT OF THE INTERIOR
OFFICE OF INDIAN AFFAIRS
CONSTITUTION AND BY-LAWS OF
THE COLORADO RIVER INDIAN TRIBES
OF THE COLORADO RIVER
RESERVATION
APPROVED AUGUST 13, 1937
UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1937
CONSTITUTION OF THE COLORADO RIVER INDIAN TRIBES OF
THE
COLORADO RIVER RESERVATION, ARIZONA AND CALIFORNIA
PREAMBLE
We, the members of the Colorado River Indian Tribes of the Colorado River Reservation, in order to establish a legal tribal organization and secure certain privileges and powers offered to us by the Indian Reorganization Act, to establish justice, promote the general welfare, safeguard our interests, encourage educational progress, conserve and develop our lands and resources, and to secure the blessings of freedom and liberty for ourselves and our posterity do ordain and establish this Constitution and By-laws for the Colorado River Indian Tribes of the Colorado River Reservation.
ARTICLE I-TERRITORY
The jurisdiction of the Colorado River Indian Tribes shall include all the territory within the original confines of the Colorado River Indian Reservation boundaries as established and approved by the Act of March 3,1865, in Arizona and California, and to such other lands as have been or may hereafter be added thereto under any law of the United States, except as otherwise provided by law.
ARTICLE II-MEMBERSHIP
SECTION 1. The membership of the Colorado River Indian Tribes shall consist as follows:
(a) All persons of Indian blood whose names appear on the official census roll of the Colorado River Indian Reservation as of January 1, 1937.SECTION 2. The Tribal Council shall have the power to promulgate ordinances, subject to review by the Secretary of the Interior, covering future membership and the adoption of new members, making any necessary adjustments of property rights.(b) Every child born to any member of the Colorado River Indian Tribes provided such member is a resident of the reservation at the time of birth of said child.
(c) Every child of one-half or more Indian blood born to any non-resident member of the Tribe.
ARTICLE III-GOVERNING BODY
SECTION 1. The governing body of the Colorado River Indian Tribes shall be known as the Colorado River Tribal Council.
SECTION 2. The Tribal Council shall consist of nine councilmen elected by secret ballot.
SECTION 3. The Tribal Council shall elect from within its own number (a) a Chairman and (b) a Vice-Chairman, and from within or without its own number (c) a Secretary, (d) a Treasurer, and such other officers and committees as may be deemed necessary.
SECTION 4. Councilmen shall serve as members of the Council for a term of four years from the date of installation in office or until their successors shall have been regularly elected and certified, except as provided in Section 5 of this Article.
SECTION 5. The five members receiving the highest number of votes at the first election shall hold office until their successors are elected in December, 1940 and the four remaining members shall hold office until their successors are elected in December, 1938. Each councilman subsequently elected shall serve for a term of four years.
SECTION 6. Thereafter, elections shall be held each alternate year, on the first Saturday in December.
ARTICLE IV-ELECTIONS AND NOMINATIONS
SECTION 1. All members of the Tribe who are twenty-one years of age and over and who have maintained a legal residence for a period of one year on the reservation prior to any election shall have the right to vote.
SECTION 2. Within thirty days after the ratification and approval of this Constitution and By-laws an election shall be conducted by the present Tribal Council for the purpose of electing the members of the Council.
SECTION 3. Elected tribal councilmen shall take office within fifteen days after the general election.
SECTION 4. Any member of the tribe whose name is presented at least fifteen days before the election to the Secretary or to the Chairman, or in his absence to the Vice-Chairman of the Council, by petition signed by it least ten adult members of the tribe shall be declared by the Council to be regularly nominated and to be a candidate for the office indicated in such petition. It shall be the duty of the Secretary to post the names of all qualified candidates in a public place at least ten days prior to the election.
SECTION 5. The Tribal Council or a board appointed by the Council, shall determine rules and regulations governing elections, and shall certify to the election of the members of the Council within one day after the election returns.
ARTICLE V-VACANCIES AND REMOVAL FROM OFFICE
SECTION 1. If a member of the Council or any official shall die, resign, permanently leave the reservation or shall be found guilty of a felony or of a misdemeanor involving dishonesty in any Indian, State, or Federal court, the Council shall declare the position vacant and elect to fill the unexpired term.
SECTION 2. The Council may by an affirmative vote of two-thirds of its numbers expel any member for neglect of duty or gross misconduct, provided that the accused member shall be given full and fair opportunity to reply to any and all charges at a designated Council meeting, and provided further, that the accused member shall have been given a written notice of the charges, against him at least five days before the meeting at which he is to appear.
SECTION 3. Upon a petition of at least one-third (1/3) of the eligible voters of the Colorado River Indian Tribes, it shall be the duty of the Tribal Council to call a special election for the recall of any member or members of the Council named in such petition. In the event that a majority of these voting in such election approve a council member's recall from office, the office shall be declared vacant and the Tribal Council shall proceed in the usual manner to hold an election to fill the said office.
ARTICLE VI-POWERS OF THE COUNCIL
SECTION 1. Enumerated Powers.-The Tribal Council of the Colorado River Indian Tribes shall exercise the following powers subject to any limitations imposed by the Statutes or the Constitution of the United States, and subject further to all express restrictions upon such powers contained in this Constitution and By-laws.
(a) To negotiate with the Federal, State and local governments, on behalf of the Tribe and to advise and consult with representatives of the Interior Department on all activities of the Department that may affect the Colorado River Indian Tribes.SECTION 2. Future Powers.-The Tribal Council of the Colorado River Indian Tribes may exercise such further powers as may in the future be delegated to the Council by members of the Tribe or by the Secretary of the Interior, or any other duly authorized official or agency of the State or Federal Government.(b) To employ legal counsel for the protection and advancement of the rights of the Colorado River Indian Tribes and its members, the choice of counsel and fixing of fees to be subject to the approval of the Secretary of the Interior.
(c) To approve, or veto any sale, disposition, lease or encumbrance of tribal lands, interests in lands or other tribal assets which may be authorized or executed by the Secretary of the Interior, the Commissioner of Indian Affairs, or any other official or agency of government, provided that no tribal lands shall ever be encumbered, or sold, or leased for a period exceeding five years, except that leases for mining purposes may be made for such longer periods as may be authorized by law.
(d) To advise the Secretary of the Interior with regard to all appropriations estimates or Federal projects for the benefit of the Colorado River Indian Tribes prior to the submission of such estimates to the Bureau of the Budget and to Congress.
(e) To make assignments of tribal land to members of the Colorado River Indian Tribes in conformity with Article VIII of this Constitution.
(f) To manage all economic affairs and enterprises of the Colorado River Indian Tribes in accordance with the terms of a charter which may be issued to the Tribe by the Secretary of the Interior.
(g) To create and maintain a Tribal Council Fund by accepting grants or donations from any person, State, or the United States, or by community enterprises, or by levying assessments of not less than ten cents nor more than one dollar per year per capita on the qualified voters of the tribe; and to require the performance of community labor in lieu thereof, or by levying taxes and license fees, subject to review by the Secretary of the Interior, upon non-members doing business within the reservation.
(h) To administer any funds or property within the control of the Tribe; to make expenditures from available funds for tribal purposes, including salaries or remuneration of tribal officials or employees, such salaries or remuneration to be paid only for services authorized in a regular and legal manner and actually rendered. All expenditures from the Tribal Council Fund shall be by resolution duly approved by a majority of the Council and the amounts so expended shall be a matter of public record at all times.
(i) To require individual members of the Tribe, or other Indian residents on the reservation to assist with community labor when just cause or extreme emergency arises.
(j) To promulgate ordinances providing for the removal or exclusion from the reservation of any non-members whose presence may be injurious to the members of the Tribe, but this power shall not extend to the removal or exclusion of government officials, or other persons occupying reservation lands under lawful authority, and in all cases this power may be exercised only with the approval of the Secretary of the Interior.
(k) To promulgate ordinances for the safeguarding of the peace and safety of the residents of the reservation, including the establishment of courts for the adjudication of claims or disputes arising among members of the Tribe, and for the trial and penalizing of members of the Tribe charged with the commission of offenses set forth in such ordinances.
(l) To regulate domestic relations of tribal members through appropriate ordinances and to secure the enforcement thereof.
(m) To regulate inheritance of property, real and personal, except allotted lands within the reservation, subject to review by the Secretary of the Interior.
(n) To provide for the appointment of guardians for minors and mental incompetents by ordinances or resolutions, subject to the approval of the Secretary of the Interior.
(o) To make rules and regulations for the conduct of all elections provided for under this Constitution.
(p) To adopt resolutions regulating the procedure of the Council itself and of other tribal agencies and tribal officials within its jurisdiction.
(q) To charter subordinate organizations for economic purposes and regulate the activities of all cooperative associations of members of the Colorado River Indian Tribes by ordinances, providing that any such ordinance shall be subject to review by the Secretary of the Interior.
(r) To encourage and preserve the arts, crafts, culture, and traditions of the Colorado River Indian Tribes.
(s) To delegate to subordinate boards or officials, or to cooperative associations, open to all members of the Colorado River Indian Tribes, any of the foregoing powers, reserving the right to review any action taken by virtue of such delegated powers.
SECTION 3. Reserved Powers.-Any rights and powers heretofore vested in the Colorado River Indian Tribes of the Colorado River Reservation, but not expressly referred to in this Constitution shall not be abridged by this Article, but may be exercised by the people Colorado River Indian Tribes through the adoption of appropriate by-laws and constitutional amendments.
SECTION 4. Manner of Review.-Any resolution or ordinance which, by the terms of this Constitution, is subject to review by the Secretary of the Interior, shall be presented to the superintendent of the reservation, who shall, within ten days thereafter, approve, or disapprove the same.
If the superintendent shall approve any ordinance or resolution, it shall thereupon become effective, but the superintendent shall transmit a copy of the same, bearing his endorsement, to the Secretary of the Interior, who may, within ninety (90) days from the date of enactment rescind the said ordinance or resolution for any cause, by notifying the Tribal Council of such decision.
If the superintendent shall refuse to approve any resolution or ordinance submitted to him, within ten days after its enactment, he shall advise the Tribal Council of his reasons therefor. If these reasons appear to the Tribal Council insufficient, it may, by a majority vote refer the ordinance or resolution to the Secretary of the Interior, who may, within ninety (90) days from the date of its enactment, approve the same in writing, whereupon the said ordinance or resolution shall become effective.
ARTICLE VII-POPULAR PARTICIPATION IN GOVERNMENT
SECTION 1. All regular meetings of the Tribal Council shall be open to members of the Tribe, but visitors may speak only with the consent of the Chairman.
SECTION 2. All resolutions and ordinances of the Tribal Council shall be in writing and posted in public places for the information of the members of the Tribe.
ARTICLE VIII-LAND
SECTION 1. Allotted Lands.-Allotted lands, including heirship lands within the Colorado River Reservation, shall continue to be held as heretofore by their present owners. It is recognized that under existing law such lands may be condemned for public purposes, such as roads, public buildings, or other public improvements, upon payment of adequate compensation, by any agency of the State of Arizona, or California, or of the Federal Government, or by the Tribe itself. It is further recognized that under existing law, such lands may be inherited by the heirs of the present owner, whether or not they are members of the Tribe. Likewise, it is recognized that under existing law the Secretary of the Interior may, in his discretion, remove restrictions upon such land, upon application by the Indian owner, whereupon the land will become subject to State taxes and may then be mortgaged or sold. The right of the individual Indian to hold or to part with his land, as under existing law, shall not be abrogated by anything contained in the Constitution, but the owner of restricted land may, with the approval of the Secretary of the Interior voluntarily convey his land to the Colorado River Indian Tribes either in exchange for a money payment or in exchange for an assignment covering the same land or other land, as hereinafter provided.
SECTION 2. Tribal Lands.-The unallotted lands of the Colorado River Reservation, and all lands which may hereafter be acquired by the Colorado River Indian Tribes or by the United States in trust for the Tribe, shall be held as tribal lands, and no part of such land shall be mortgaged or sold. Tribal lands shall not be allotted to individual Indians, but may be assigned to members of the Colorado River Indian Tribes, or leased, or otherwise used by the Tribe as hereinafter provided.
SECTION 3. Leasing of Tribal Lands.-Tribal lands may be leased by the Council with the approval of the Secretary of the Interior, for such periods of time as are permitted by law.
(a) In the leasing of tribal lands, preference shall be given, first, to Indian cooperative associations, and secondly, to individual Indians who are members of the Tribe.SECTION 4. Grant of Standard Assignments.-In any assignment of tribal lands which are now owned by the Tribe or which hereafter may be acquired for the Tribe by the United States or purchased by the Tribe out of tribal funds, preference shall be given, first, to heads of families which have no allotted lands or interests in allotted lands.(b) No lease of tribal lands to a non-member should be made by the Tribal Council unless it shall appear that no Indian cooperative association or individual member of the Tribe is able and willing to use the land and to pay a reasonable fee for such use.
No allotted member of the Colorado River Indian Tribes, who may hereafter have the restrictions upon his land removed, and whose land may thereafter be alienated, shall be entitled to receive an assignment of land as a landless Indian.
The Council, if it sees fit, may charge a fee of not to exceed $5.00 on approval of an assignment made under this section.
Assignments made under this section shall be for the primary purpose of establishing homes for landless Indians, and shall be known as "standard" assignments.
SECTION 5. Tenure of Standard Assignments.-If any member of the Tribe who holds a standard assignment of land shall, for a period of two years, fail to use the land so assigned or use such land for any unlawful purposes, his assignment may be canceled by the Council after due notice and an opportunity to be heard, and the said land may be reassigned in accordance with the provisions of Section 4 of this Article.
Upon the death of any Indian holding a standard assignment, his heirs or other individuals designated by him, by will or by written request, shall have a preference in the reassignment of the land, provided such persons are members of the Colorado River Indian Tribes who would be eligible to receive a standard assignment.
SECTION 6. Grant of Exchange Assignments.-Any member of the Tribe who owns any restricted or unrestricted land or any interest therein may with the approval of the Secretary of the Interior voluntarily transfer his interest in such land to the Tribe in exchange for an assignment to the same or other land of equal value. If the assignee prefers, he may receive, in lieu of a specific tract of land, a proportionate share in a larger grazing unit.
Assignments made under this section shall be known as "exchange" assignments.
SECTION 7. Leasing of Exchange Assignments.-Exchange assignments may be used by the assignee or leased by him to Indian cooperative associations, to individual members of the Tribe, or if no individual Indian or Indian cooperative association is able and willing to rent the land at a reasonable fee, such assignments may be leased to non Indians, in the same manner as allotted lands.
SECTION 8. Inheritance of Exchange Assignments.-Upon the death of the holder of any exchange assignment, such land shall be reassigned by the Council to his heirs or devisees, subject to the following conditions:
(a) Such lands may not be reassigned to any heirs or devisees who are not members of the Tribe, except that a life assignment may be made to the surviving widower or widow of the holder of an assignment.SECTION 9. Inheritance of Improvements.-Improvements of any character made upon assigned land may be bequeathed to and inherited by members of the Tribe or otherwise disposed of under such regulations as the Council shall provide. No permanent improvements shall be removed from the land without the consent of the Council(b) Such lands may not be reassigned to any heir or devisee who already holds more than an economic unit of grazing land or other land or interest in land of equal value, to be determined from time to time by the Council.
(c) Such lands may not be subdivided among heirs or devisees into units too small for convenient management. No area of grazing land shall be subdivided into units smaller than 160 acres, and no area of agricultural land shall be subdivided into units smaller than two and one-half (2 1/2) acres, except that land used for buildings or other improvements may be divided to suit the convenience the parties. Where it is impossible to divide the land properly among the eligible heirs or devisees, the Council shall issue to such heirs or devisees, interests in tribal land or property of the same value as the assignment of the decedent.
(d) If there are no eligible heirs or devisees of the decedent, the land shall be eligible for reassignment in accordance with the provisions of Section 4 of this Article.
SECTION 10. Exchange of Assignments.-Assignments may be exchanged between members of the Colorado River Indian Tribes by common consent in such manner as the Council shall designate.
SECTION 11. Use of Unassigned Tribal Land.-Tribal land which is not leased or assigned, including tribal timber reserves, shall be managed by the Tribal Council for the benefit of the members of the entire tribe, and any cash income derived from such land shall accrue to the benefit of the Tribe as a whole. All action of the Tribal Council with respect to such lands shall be in conformity with Departmental regulations for protection of Indian range and timber resources authorized by Section 6 of the Act of June 18, 1934.
SECTION 12. Purchase of Land by Tribe.-Tribal funds may be used, with the consent of the Secretary of the Interior, to acquire land, under the following conditions:
(a) Land within the Colorado River Reservation or adjacent to the boundaries thereof which is not now in Indian ownership may be purchased by or for the Colorado River, Indian Tribe.SECTION 13. Method of Making Assignments.-Applications for assignments shall be filed with the Secretary of the Council, and shall be in writing, setting forth the name of the person or persons applying for the land, an as accurate a description of the land desired as the circumstances will permit. Notices of applications received by the Secretary shall be posted by him in the agency office and in at least three other conspicuous places on the reservation for not less than twenty (20) days before action is taken by the Council. Any member of the Tribe wishing to oppose the granting of an assignment shall do so in writing, setting forth his objections, to be filed with the Secretary of the Council, and may if he so desires, appear before the Council to present evidence. The Secretary of the Council shall furnish the superintendent or other officers in charge of the agency, a complete record of all action taken by the Council on applications for assignments of land, and a complete record of assignments shall be kept in the agency office and shall be open for inspection by members of the Tribe.(b) Restricted land, which is in heirship status at the time of the adoption and approval of this Constitution, may be purchased by or for the Tribe, with the consent of all the adult heirs, and the legal guardians of minor heirs, payment therefor to be made as may be agreed upon.
(c) Land owned by any member of the Tribe who is over the age of sixty (60) years, or who is physically incapacitated, may be transferred by its owner to the Tribe in exchange for a pension of not more than twice the annual rental value of the land for the life of the pensioner, to be paid out of available funds of the Tribe.
(d) Land owned by any member of the Tribe in excess of 80 acres of agricultural land or a proportionate area of other land may be purchased by the Tribe, with the consent of the owner, payments to be made under such terms as may be agreed upon.
(e) Land owned by any member of the Tribe who desires to leave the reservation permanently, may be purchased by the Tribe, under such terms as may be agreed upon.
The Council shall draw up one or more forms for standard and exchange assignments, which shall be subject to the approval of the Secretary of the Interior.
ARTICLE IX-REFERENDUM
SECTION 1. Upon a petition of at least one-third (1/3) of the eligible voters of the Colorado River Indian Tribes, or upon the request of a majority of the members of the Tribal Council any enacted or proposed ordinance or resolution shall be submitted to popular referendum and the vote of a majority of the qualified voters in such referendum shall be conclusive and binding on the Council, provided that at least 30 per cent of the eligible voters shall vote in such election.
ARTICLE X-AMENDMENTS
Amendments to the Constitution and By-laws may be ratified and approved in the same manner as this Constitution and By-laws.
Whenever the Tribal Council shall, by a vote of six or more members, call for the submission of an amendment, the Secretary of the Interior shall call an election upon the proposed amendment. If at such election the amendment is adopted by a majority vote of the qualified voters of the Tribe voting therein and if at least thirty per cent of those entitled to vote, vote in such election, such amendment shall be submitted to the Secretary of the Interior and if approved by him, shall thereupon take effect.
BY-LAWS OF THE COLORADO RIVER INDIAN TRIBES
ARTICLE I-THE TRIBAL COUNCIL
SECTION 1. The Chairman of. the Council shall preside over all meetings of the Council, perform all duties of the chairman and exercise any authority detailed to him by the Council.
SECTION 2. The Vice-Chairman shall assist the Chairman when called on to do so, and in the absence of the Chairman shall preside, and when so presiding shall have all the privileges, duties, and responsibilities of the Chairman.
SECTION 3. The Secretary shall forward a copy of the minutes of all meetings to the Superintendent of the Colorado River Indian Agency, and shall perform other such duties as may be required of the office.
SECTION 4. The Treasurer of the Tribal Council shall accept, receive, receipt for, preserve and safeguard all funds in the custody of the Council, whether same be tribal funds or special funds for which the Council is acting as trustee or custodian. He shall deposit all funds in such bank or elsewhere as directed by the Council and shall make and preserve a faithful record of such funds and shall report on all receipts and expenditures and the amount and nature of all funds in his possession or custody, such report being made in writing to the Council at regular meetings and at such other times as requested by the Council.
(a) He shall not pay out or otherwise disburse any funds in his possession or custody, or in the possession or custody of the Tribal Council, except when properly authorized to do so by resolution duly passed by the Council.(b) The books and records of the Treasurer shall be audited at least once each year by a competent auditor employed by the Council and at such other times as the Council or the Commissioner of Indian Affairs may direct.
(c) The Treasurer shall be required to give a bond satisfactory to the Council, and to the Commissioner of Indian Affairs, except that until he has been bonded, the Council may make such provision for the custody and disbursement of funds as shall guarantee their safety and proper disbursement and use.
Any person to be elected as a councilman or officer must be a member of the Colorado River Indian Tribes, a resident of the Colorado River Reservation, and over twenty-five years of age at the time of his or her election. The Tribal Council shall be the sole judge of the qualification of its own members.
ARTICLE III-INSTALLATION OF COUNCILMEN
Newly elected members of the Council who have been duly certified shall be installed at the first regular meeting of the Tribal Council following the election upon subscribing to the following oath:
"I, -----------------------------, do solemnly swear that I will support and defend the Constitution of the United States against all enemies; that I will carry out faithfully and impartially, the duties of my office to the best of my ability; that I will cooperate, promote, and protect the best interests of my tribe, in accordance with the Constitution and By-laws of the Colorado River Indian Tribes."
ARTICLE IV-CONDUCT OF ELECTIONS AND CERTIFICATION
SECTION 1. It shall be the duty of the Council to see that each nomination for tribal office, including membership in the Council, shall be made in strict accord with the provisions of the Constitution, and to certify as to the legality of such nomination; otherwise it shall be considered illegal and ineffective by the Council.
SECTION 2. The Council shall meet the first Saturday of each month at 9 o'clock in the morning at some designated place where the official records will be kept.
SECTION 3. Special meetings of the Council shall be held at such times as are designated by the Chairman who shall notify members at least twenty-four hours before the date of such meeting.
SECTION 4. At any special or regular meeting of the Tribal Council two-thirds of the Council members shall constitute a quorum and without such a quorum the Chairman, shall adjourn the meeting.
SECTION 5. Special meetings of the Council shall be held upon written request of three members of the Council or by petition signed by one-third of the legal voters of the Tribe, such written request to be filed with the Chairman or Secretary of the Council who shall notify the Council members twenty-four hours before the date of such Council meeting.
SECTION 6. The order of business at any regular or special meeting of the Tribal Council shall be as follows:
(a) Call to order by the Chairman.SECTION 7. The Tribal Council may prescribe such salaries and expenses for officers or members of the Council as it deems advisable, from such funds as may be available.(b) Roll Call.
(c) Reading of minutes of last meeting.
(d) Unfinished business.
(e) Reports.
(f) New business.
(g) Adjournment.
ARTICLE V-PUBLIC WELFARE
SECTION 1. Community Welfare.
(a) The Council shall determine in careful manner what constitutes just cause for aid or assistance to the indigent members of the Tribe, and shall make proper provision for recommendation to proper agencies of individuals needing relief.SECTION 2. Education.(b) The Council shall designate persons who shall administer tribal welfare work among the Colorado River Indian Tribes and the solicitation and expenditure of welfare funds shall be conducted in a systematic manner so that the right to do so may not be abused. The Council thereby shall render assistance or aid to the aged, the physically handicapped, and all others in actual need of assistance.
(c) The Council shall at all times endeavor to eliminate the causes for indigency, exercising wise and judicious supervision and management of tribal affairs and so far as possible of the finances of individual members of the Colorado River Indian Tribes, to the end that need, privation, and financial distress may be entirely eliminated among the members of the Tribe.
(a) The Council shall pass necessary ordinances to promote and increase learning and education among. the members of the Tribe, studying present school system, and recommending plans for improving them to the proper Bureaus or Departments.(b) The Council shall enter into negotiations with non-reservation and procure for the members of the Tribe the highest type of educational facilities, to the end that younger members of the Tribe shall have every possible economic, social, and cultural advantage.
(c) The Council shall encourage and promote among the members by every practical means a proper system of education for members all ages in such subjects as home economics, hygiene, child care and training, agronomy, farm mechanics, etc., cooperating with state and federal departments, and agencies which seek to promote such work.
The Tribal Council shall act upon all applications for loans under the revolving fund or reimbursable regulations for the purchase of property, stock or equipment, or loans to Indians, for the payment of tuition for higher education or trade schools.
ARTICLE VII-TRIBAL COUNCIL
The Tribal Council shall make a thorough survey,
research, investigation and study of the history and title of all lands
which
were tribal in character in times past and shall endeavor to reestablish
the tribal equity, if any, in such lands so as to obtain through proper
channels just compensation for such lands as it shall find to have been
unlawfully removed from the jurisdiction of the Tribe without just compensation.
ARTICLE VIII-PROPERTY REGULATIONS
SECTION 1. It shall be the duty of the Council to pass rules and regulations to prevent unauthorized prospecting and mining on any land of the reservation and to see that such rules and regulations are properly enforced.
SECTION 2. It shall be the duty of the Council to pass ordinances for the control of fishing and hunting upon the reservation, such ordinances not to be in conflict with any of the Federal Game Laws.
SECTION 3. It shall be the duty of the Council to prevent the relinquishment of any water rights of the Indians of this reservation.
ARTICLE IX-ORDINANCES AND RESOLUTIONS
SECTION 1. All final decisions of the Council on matters of general and permanent interest to the members of the Tribe shall be embodied in ordinances. Such ordinances shall be collected and published from time to time for the information and education of the members of the Tribe.
SECTION 2. All final decisions of the Council on matters of temporary interest (such as action on the tribal budget for a single year, or petitions to Congress or the Secretary of the Interior) or relating especially to particular individuals or officials (such as adoptions of members, instructions for reservation employees or rules of order for the Council) shall be embodied in resolutions. Such resolutions shall be recorded in a special book which shall be open to public inspection.
SECTION 3. All questions of procedure (such as acceptance of Committee reports or invitations to outsiders to speak) shall be decided by motion of the Council or by of the Chairman if no objection is heard. In all ordinances, resolutions, or motions the Council may act by majority vote, but all matters of importance shall be fully discussed and a reasonable attempt shall be made to secure unanimous agreement.
SECTION 4. Every ordinance shall begin with the words: "Be it enacted by the Tribal Council of the Colorado River Indian Tribes." Every resolution shall begin with the words: "Be it resolved by the Tribal Council of the Colorado River Indian Tribes."
ARTICLE X-ADOPTION
This Constitution and By-laws when ratified by a majority vote of the qualified voters of the Colorado River Indian Tribes of the Colorado River Reservation voting at an election called for the purpose by the Secretary of the Interior, provided at least thirty (30) per cent of those entitled to vote shall vote in such election, shall be submitted to the Secretary of the Interior, and, if approved, shall be effective from the date of approval.
I, Charles West, the Acting Secretary of the Interior of the United States of America, by virtue of the authority granted me by the act of June 18, 1934 (48 Stat. 984), as amended, do hereby approve the attached Constitution and By-laws of the Colorado River Indian Tribes of the Colorado River Reservation, Arizona and California.
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 Colorado River Indian Tribes of the Colorado River Reservation.
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 3, 1937.
JOHN COLLIER,
Commissioner of Indian Affairs.
CHARLES WEST,
WASHINGTON, D. C., August 13, 1937.
CERTIFICATION OF ADOPTION
Pursuant to an order, approved July 9, 1937 by the Acting Secretary of the Interior, the attached Constitution and By-laws was submitted for ratification to the members of the Colorado River Indian Tribes of the Colorado River Reservation, Arizona and California, and was on July 17, 1937, duly ratified by a vote of 141 for and 34 against, in an election in which over 30 per cent of those entitled to vote cast their ballots, in accordance with Section 16 of the Indian Reorganization Act of June 18, 1934 (48 Stat. 984), as amended by the Act of June 15, 1935 (49 Stat. 378).
WENDELL GOODMAN,
HENRY WELSH,
C. H. GENSLER,
Superintendent in Charge.