UNITED STATES
DEPARTMENT OF THE INTERIOR
OFFICE OF INDIAN AFFAIRS
CONSTITUTION AND BY-LAWS
OF THE
HOONAH INDIAN ASSOCIATION
RATIFIED OCTOBER 23,1939
UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1940
CONSTITUTION AND BY-LAWS OF THE HOONAH
INDIAN ASSOCIATION
PREAMBLE
We, the Indians and Eskimos having a common bond of residence in the neighborhood of Hoonah, Territory of Alaska, do ordain and establish this Constitution and By-Laws in accordance with and by authority of, the Acts of Congress of June 18,1934 (48 Stat. 984), and May 1, 1936 (49 Stat. 1250).
ARTICLE I-NAME
The name of this organization shall be the Hoonah Indian Association, hereinafter called the Association.
ARTICLE II-MEMBERSHIP
SECTION 1. The membership of this Associaton shall
be as follows:
(a) All persons whose names appear on the
roll of those entitled to vote on the adoption of this Constitution and
By-laws. Within one year from the approval of this Constitution, the Board
elected under this Constitution may make corrections in this roll.
(b) All children, one or both of whose parents
is an enrolled member of the Association and has a permanent home in the
neighborhood of Hoonah.
(c) All other persons of Indian or Eskimo
blood who make a permanent home in the neighborhood of Hoonah and are adopted
by the Board.
SEC. 2. All members and their minor children who
cease to make a permanent home in the neighborhood of Hoonah shall cease
to be members of this Association until they resume their residence.
SEC. 3. The Board may make rules and regulations
governing the enrollment and adoption of members and the conditions under
which a member may abandon his membership, or having abandoned it, be readmitted
to membership.
SEC. 4. Definition of Residence.-Any person
shall be considered a resident of the neighborhood of Hoonah who maintains
a home within the village of Hoonah or along the shores of Excursion Inlet,
or in any area in the vicinity of Hoonah which may be reserved or otherwise
acquired for the use of the Indians or Eskimos of the Association.
ARTICLE III-GOVERNING BODY
SECTION 1. The governing body of this Association
shall be a Board of Directors, hereinafter called the Board. The Board
shall be composed of seven members elected by the membership of the Association
over the age of 21 years.
SEC. 2. The membership of the Association shall
meet on the first Monday in December and the first Monday in March of each
year. At the regular membership meeting in December the adult members of
the Association shall make nominations and determine the candidates for
election to the Board. One-third of the adult members of the Association
shall constitute a quorum.
SEC. 3. Board members shall be elected on
the annual election date and shall serve for a period of two years or until
their successors are elected and qualify. Vacancies may be filled by the
Board but only pending the next meeting of the Association when a new member
shall be elected to fill the unexpired term.
SEC. 4. The first election of the Board shall be
called and held under the direction of the Constitution, By-laws and Charter
Committee within three months after the ratification of this Constitution.
The term of office of the four members of the Board receiving the highest
number of votes shall terminate on the annual election date of the third
December following and the term of office of the three receiving the next
highest number of votes shall terminate on the second December following.
Thereafter each member of the Board shall serve two years.
SEC. 5. The Board shall organize itself within 30
days after each annual election date by electing from within its membership
a President and Vice-president, and from within or without, a Secretary,
a Treasurer, and such other officers as it may deem necessary. Officers
elected from without the Board shall not vote therein. The term of office
of each elected officer shall expire when his successor is elected and
qualified.
ARTICLE IV-ELECTIONS
SECTION 1. The annual election date shall be the
second Tuesday of December in each year.
SEC. 2. Any adult member of this Association shall
have the right to vote.
SEC. 3. All elections shall be by secret ballot
and shall be held in accordance with the rules and regulations of the Board.
SEC. 4. It shall be the duty of the Secretary to
notify each person of his election within fifteen days.
ARTICLE V-POWERS
SECTION I. The Board shall exercise the following
powers, subject to any limitations imposed by the statutes or 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 and Territorial
Governments on behalf of the Association and to advise and consult with
representatives of the Interior Department on all activities of the Department
that may affect the Hoonah Indian Association.
(b) To employ legal counsel, the choice of
counsel and fixing of fees to be subject to the approval of the Secretary
of the Interior.
(c) To manage and control all the economic
affairs and enterprises of the Association in accordance with the terms
of a charter which may be issued to the Association by the Secretary of
the Interior.
(d) To prevent the sale, disposition, lease,
or encumbrance of Association land, interest in land or waters or in other
assets of the Association without the consent of the Board.
(e) To organize or to charter associations
of its members for economic purposes and to regulate the same.
(f) To provide for the guardianship of the
persons and property of minors and mental incompetents, consistent with
Territorial and Federal law.
(g) To levy dues, fees, assessments, and
fines on the members for Association purposes, and charges on nonmembers
for the use of the property of the Association and to provide for the collection
thereof.
(h) To provide for filling vacancies in office
consistent with this Constitution.
(i) To make assignments of Association lands
to members of the Association in accordance with custom or the regulations
of the Board.
(j) To protect and preserve the property
and natural resources of the Association.
(k) To cultivate native arts, crafts and
culture.
(1) To aid needy members and protect the
general welfare and security of the Association.
(m) To control the use by members or nonmembers
of any reserve set aside by the Federal Government for the Association
and to keep order in the reserve.
SEC. 2. The Board of the Hoonah Indian Association
may exercise such further powers as may in the future be delegated to the
Board by members of the Association or by the Federal or Territorial Governments.
ARTICLE VI-BILL OF RIGHTS
SECTION 1. The Board shall not restrict or in any
way abridge the rights of its members guaranteed under the Constitution
of the United States but it shall be its duty to see that the full constitutional
rights thereof are maintained and preserved.
SEC. 2. All members of the Association shall be
accorded equal right and opportunity to participate in and enjoy the resources,
property and benefits of this organization.
ARTICLE VII-REMOVAL OF OFFICERS
SECTION 1. (a) Any member or officer of the
Board who is convicted of a felony or any offense involving dishonesty
shall forfeit his office.
(b) Any member of the Board who is absent
from the regular meetings of the Board for a period of three months without
cause or excuse may have his seat declared vacant by the Board, whereupon
the Board shall fill it as in other vacancies.
ARTICLE VIII-FEDERATION
The Board may for the purpose of forming a federation or union with other organizations of like character appoint a comniittee to meet with such other organizations, and submit its findings to the said Board for appropriate action.
ARTICLE IX-AMENDMENTS
This Constitution and By-laws may be amended by a majority vote of the qualified voters of the Hoonah Indian Association voting at an election called for the purpose by the Secretary of the Interior provided that at least 30 percent of those entitled to vote shall vote in such election; but no amendment shall become effective until it shall have been approved by the Secretary of the Interior. It shall be the duty of the Secretary of the Interior to call an election upon receipt of a written resolution signed by a majority of the Board.
BY-LAWS OF THE HOONAH INDIAN ASSOCIATION
ARTICLE I-DUTIES OF OFFICERS
SECTION 1. The President of the Board shall preside
over all meetings of the Association and shall be chairman of the Board,
exercising the usual duties of chairman and any others delegated to him.
He may vote in Board meetings only in case of a tie or where the vote is
by ballot.
SEC. 2. The Board shall elect a Vice-president who
shall act as president in the absence or disability of the President.
SEC. 3. The Secretary of the Board shall conduct
all correspondence and keep a complete and accurate record of all business
transacted at Board or Association meetings. It shall be his duty to give
promptly to the Government Teacher at Hoonah for inspection and forwarding
to the General Superintendent of the Office of Indian Affairs in Alaska
two copies of all minutes of all regular and special meetings of the Board
or Association.
The Secretary shall record all rules, regulations
and ordinances in appropriate books, indexing the same and assigning a
short title, and may publish the same for the information of the
Association.
SEC. 4. The Treasurer of the Board shall accept,
receive, receipt for, preserve and safeguard all funds in the custody of
the Board, whether Association funds or other funds for which the Board
is responsible. He shall deposit all such funds in such banks or
elsewhere as directed by the Board. He shall make and preserve a faithful
record of such funds and shall report to the Board all receipts and expenditures
and the amount and nature of all funds in his possession or custody. He
shall not pay out or authorize disbursement of any funds for which he is
responsible except in the manner authorized by the Board.
The books and records of the Treasurer shall be
audited at least once each year by a competent auditor employed by the
Board and acceptable to the Juneau Office of the Office of Indian Affairs,
and at such other times as the Board shall direct. He shall give two copies
of the auditor's report and, once each month two copies of his trial balance
to the Government Teacher at Hoonah for inspection and forwarding to the
General Superintendent of the Office of Indian Affairs in Alaska.
The Board, or when Federal funds are involved, the
Commissioner of Indian Affairs the Treasurer to give satisfactory bond,
and until then any Federal funds shall be deposited according to the direction
of the General Superintendent of the Office of Indian Affairs in Alaska.
The Treasurer shall be present at all special or regular meetings of the
Board. The Treasurer may, with the advie and consent of the Board, appoint
assistants.
SEC. 5. The duties of all appointive officers or
agents shall be clearly defined by a resolution of the Board at the time
of their appointment.
ARTICLE II-QUALIFICATIONS OF OFFICERS
SECTION 1. No person may be a candidate for any elective office unless he has the qualifications of a voter.
ARTICLE III-INSTALLATION OF OFFICERS
Each person appointed or elected to an office shall
subscribe to the following oath of office before entering upon the duties
thereof:
"I, -------------------------, do solemnly swear
(or affirm) 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 as -------------------- to the best of my ability;
that I will promote and protect the best interests of the Hoonah Indian
Association in accordance with its Constitution and By-laws."
ARTICLE IV-TIME AND PLACE OF MEETING AND ORDER OF BUSINESS
SECTION 1. The Board shall meet on the first Thursday
of the month at 6:30 p. m., unless otherwise ordered by resolution, and
may meet at such other times as may seem desirable to the Board.
SEC. 2. Five members including the President shall
constitute a quorum.
SEC. 3. The following shall be the order of business
unless changed by or with the consent of the Board, namely:
Call to order by the President;
Roll call;
Announcement of quorum;
Reading the minutes of the last meeting;
Correction or approval of the minutes of last meeting;
Treasurer's report;
Report of committees;
Unfinished business;
New business;
Adjournment.
SEC. 4. When there is no special rule, Robert's
Rules of Order shall be the law governing the procedure of the Board.
SEC. 5. Every resolution, after the explanatory
clauses, shall begin with the words: "Be it resolved by the Board of
the Hoonah Indian Association * * *."
ARTICLE V-DEFINITIONS
SECTION 1. Where the masculine pronoun is used it
shall be understood to include the feminine.
SEC. 2. The word "adult" means a person who is 21
years of age or over.
SEC. 3. Whenever the term "Government Teacher in
'Hoonah" is used it shall be understood to mean the head government teacher
for the Department of the Interior, Office of lndian Affairs, or any successor
official representing the Office of Indian Affairs in Hoonah.
ARTICLE VI-RATIFICATION OF CONSTITUTION AND BY-LAWS
SECTION 1. This Constitution and By-laws shall be
effective from and after the date of its ratification by a majority vote
of those voting at an election called for the purpose by the Secretary
of the Interior: Provided, That at least 30 percent of those entitled
to vote shall vote in such election, the ratification to be formally certified
by the Election Board.
SEC. 2. The persons entitled to vote in the election
on the adoption of the Constitution and By-laws are the adult Indians or
Eskimos residing in the neighborhood of Hoonah whose names appear on a
roll compiled under the direction of the Secretary of the Interior.
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 May 1, 1936 (49 Stat. 1250), do hereby approve
the attached Constitution and By-laws of the Hoonah Indian Association
and submit the same for ratification in a popular referendum to be called
by the Indians and Eskimos having a common bond of residence in the neighborhood
of Hoonah, Alaska, under instructions issued by the Secretary of the Interior.
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 Hoonah Indian Association.
All officers and employees of the Interior Department
are ordered to abide by the provisions of the said Constitution and By-laws.
Approval recommended:
FRED H. DAIKER,
Assistant to the Commissioner of Indian Affairs.
OSCAR L. CHAPMAN,
Assistant Secretary of the Interior.
[SEAL]
WASHINGTON, D. C., August 19, 1939.
CERTIFICATION OF ADOPTION
Pursuant to an order, approved August 19, 1939 by
the Assistant Secretary of the Interior, the attached Constitution and
By-laws was submitted for ratification to all the adult Indians and Eskimos
residing in the neighborhood of Hoonah on October 23, 1939, and was duly
ratified by a vote of 116 for, and 9 against, in which over 30 percent
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).
WM. S. SHEAKLEY,
Chaiman, Election Board.
JOSEPH W. PRATT
Secretary, Election Board.
WENDELL H. CORDLE,
Government
Representative.