nmpuebcons

In 1863, Abraham Lincoln, President of the United States of America, recognized and confirmed the right of the Pueblo of Laguna to govern itself, and solemnly pledged the full faith of the United States of America that the customs and land rights of said Pueblo, and the liberties and religions of its members, should forever be protected by the United States of America and forever remain inviolate. As evidence of said recognition, confirmation, and solemn pledge, our beloved President, Abraham Lincoln, gave the then Governor of the Pueblo a cane, which has in the course of years become the staff and symbol of the office of Governor of said Pueblo.

Now, therefore, we the people of the Pueblo of Laguna, New Mexico, in order to establish justice, to preserve and protect our Pueblo Self-Government and our rights, liberties, benefits, and customs, and to protect our common welfare, do ordain and establish this Constitution of the Pueblo of Laguna.

This Constitution shall apply within the exterior boundaries of the Pueblo of Laguna Grant, and of such other lands as are now or may in the future be under the jurisdiction of, or used under proper authority by, the Pueblo of Laguna. This Constitution shall apply to and be for the benefit and protection of all persons who are now or may become in the future members of the Pueblo of Laguna.

SECTION 1. Qualifications.--The membership of the Pueblo shall consist of the following persons:

SECTION 1. Council.--The governing power of the Pueblo of Laguna shall be vested in the Pueblo Council. The Council shall be composed of the following persons:

SEC. 3. Staff Officers.--The Governor, the First Lieutenant Governor, the Second Lieutenant Governor, the Head Fiscale, the First Fiscale, and the Second Fiscale shall serve as the governing officers of the six Laguna villages and with the Secretary and the Interpreter shall constitute the Staff Officers of the Pueblo. Not more than one Staff Officer (other than the Secretary and the Interpreter) shall come from the same village of the Pueblo of Laguna. The Secretary, the Interpreter, and the officers not on the staff may come from any village or villages.

SEC. 4. Villages of Laguna.--The recognized villages of the Pueblo of Laguna are:

SEC. 5. Calling Council Meetings.--Within a reasonable time before each Council meeting, the Staff Officers shall call from each of the recognized villages of the Pueblo a representative or representatives as delegates to said Council meetings from each of said recognized villages. In matters of grave importance or matters which affect the recognized settlements, the Staff Officers shall call a representative or representatives from each settlement affected. The Council shall be the judge of the qualifications of its own members.

SEC. 6. Voting in Council.--At all Council meetings, the Staff Officers, and the representative or representatives from each of the villages of the Pueblo of Laguna, and any representative or representatives from the settlements of the Pueblo of Laguna who may have been called by the Staff Officers to any meeting, shall each be entitled to one vote upon all questions submitted at said Council meeting. In all questions before the Council, a majority vote of those members of the Council present shall decide the question. A majority of the Council shall constitute a quorum. The number of representatives to be selected from each village or settlement, and whether matters are of grave importance or affect any settlement shall be determined exclusively by the Staff Officers, whose decisions in the matter shall be final.

SEC. 7. Elections.--Nominations and election of all officers of the Pueblo of Laguna shall be held in accordance with the customs and ordinances of the Pueblo.

SEC. 8. Who May Vote.--Male members of the Pueblo 16 years or more of age who understand the nature of the proceedings shall be required to attend upon and vote at all annual elections of the officers, unless excused by the Governor. Pueblo members, living in recognized settlements, may vote by authorized representative or representatives. The Staff Officers shall determine eligibility of any person to vote in the event of dispute, and the decision of the Staff Officers shall be final.

SEC. 9. Term of Office.--Officers elected shall serve until the next annual election, and may serve not to exceed two successive terms in office.

SECTION 1. Legislative Power.--The legislative power shall be vested in the Pueblo Council, and the said power shall be exercised in accordance with the Constitution and laws of the United States.

SECTION 1. Jurisdiction.--Any dispute existing or arising between or among the people in any of the villages which cannot be settled by the parties affected shall be first brought before the Governor who shall try to have the parties settle the matter by giving his advice. If the interested parties cannot, with the advice of the Governor, adjust the matter in dispute, the matter shall be submitted to the Staff Officers, who shall decide the matter in the manner provided in this Constitution.

SEC. 2. Judicial Functions of Pueblo Staff Officers.--The Governor and the other Staff Officers shall constitute the Pueblo Court, and they shall have the power and duty to decide all cases, civil and criminal, that come before them over which they have jurisdiction. After the Staff Officers have examined all witnesses and ascertained full details of the case, and when, in their opinion, the case has been fully commented on, the Staff Officers shall retire to a private place to make their decision. The Governor shall not have the right to vote upon any decision, but it shall be the duty and privilege of the Governor to instruct the other Staff Officers regarding his views on the case before a vote is taken. If the Staff Officers cannot all agree on a decision, the case shall be decided by a standing vote of all of the Staff Officers, excepting the Governor, and the majority shall decide the matter. The Governor shall announce the decision so reached.

SEC. 3. Appeals.--If any litigant shall be dissatisfied with the judgment of the Staff Officers sitting as a court, said person shall have the right to submit the matter within thirty days after the decision has been made to the Governor of the Pueblo. If the Governor holds that an error of fact or of law has been made by the Staff Officers, or that the litigant has additional evidence which might change the result of the case, the Governor shall have the right to order the case submitted to the Council at its next regular meeting or at a special meeting to be called in the manner herein provided, if the Governor believes the matter is of sufficient importance. The Council shall then hear all of the evidence in the case, weigh it, apply the law as provided in this Constitution, and decide the case. A majority of the Council shall be sufficient to decide the case. The decision of the Council shall be final and it shall be announced by the Governor.

SEC. 4. Governing Laws.--All decisions shall be made in accordance with the laws of the United States applicable to the Pueblo of Laguna and in accordance with this Constitution and the By-laws, ordinances, customs, and usages of the Pueblo, civil and criminal, as interpreted by the Staff Officers. If none of the laws, rules, or customs specified in this section apply to the matter before the Staff Officers, the matter shall be decided in accordance with the laws of the State of New Mexico as they exist at the time of the decision.

Plaintiffs and defendants shall be afforded the right of counsel in all matters brought before the Staff Officers and the Council.

SECTION 1. Executive Head.--The Governor shall be the executive of the Pueblo, and his orders must be obeyed and respected by all the people. In the event of his expected absence from the Pueblo or in the event of his inability to perform his duties, he may appoint a member of the Council to act in his stead.

SEC. 2. Conduct of Meetings.--It shall be the duty of the Governor to assume complete charge of all the meetings and to see that perfect order is preserved. In the discussion of business only one person at a time shall be allowed to speak. When anyone wishes to speak he shall first ask permission of the Governor to do so before proceeding.

SEC. 3. Right of Protest.--Any person who believes that a ruling of the Governor is unjust and that he is being imposed upon by the Governor's orders, shall act as ordered under protest, and he shall then have the right to demand that the matter be brought before the Staff Officers for adjudication.

SEC. 4. Meeting of General Pueblo.--In special matters of business in which all of the people are equally concerned, the Governor shall send a request to all the members of the Pueblo for their presence when such business is to be transacted. Notice of such general meeting shall be given in the manner fixed by the Governor.

SEC. 5. Summoning Council.--The Governor shall have the right to summon any of the Council to be present at any of the meetings when in his opinion any such member's presence is needed, and in case any one of them cannot come when summoned he shall furnish his reasons to the Governor, who shall excuse him without a fine if his reasons are justifiable.

SEC. 6. Necessity for Meetings.--The general Pueblo or the Council shall not be requested to appear unless their presence is absolutely necessary.

SEC. 7. Disposal of Business.--It shall be the duty of the Governor to see that all unfinished business on hand is disposed of, if possible, before the end of the month in which the business is presented.

SECTION 1. Supervision by Governor.--The officer in charge of a village of Laguna Pueblo is strictly subject to the orders of the Governor. He shall give no orders to the people of his village without first submitting them to the Governor, unless he should have a standing order from the Governor to give certain orders or to perform certain duties whenever he deems it necessary.

SEC. 2. Emergency Exceptions.--All cases of emergency are excepted from the procedure provided in Section one.

SECTION 1. Public Work.--Each male member of the Pueblo is required to perform community work in accordance with established ordinances and customs, unless excused therefrom by proper authority.

All members of the Pueblo working under the supervision of the Governor or of any village officer or major domo are required to obey the orders of the supervising officer. If any person believes that an order is unjust he shall act as ordered under protest and he shall then have the right to demand that the matter be brought before the Governor or the Staff Officers for adjudication.

SEC. 2. Disobedience.--Since all public work first comes under the Governor, the major domo and the other officers in charge of work shall use only reasonable methods of instruction and shall strive to have peace and harmony through the work. The major domo has free power to assess the fine specified in the By-laws for any disturbance or disobedience. The person fined may bring the matter before the Staff Officers for final adjudication if such person considers the treatment he has received as unjust or unreasonable.

SEC. 3. Assessments of Non-Residents.--Each male member of the Pueblo not residing on the Reservation who wishes to remain a Member of the Pueblo must pay an annual assessment of $1.50 each year, or such other reasonable amount as may be fixed by the Council, in the manner and at the time prescribed by the Council.

SEC. 4. Disability.--Any member under physical disability shall be exempt from community work and from any annual assessments. The Council shall be the judge of whether any person suffers sufficient physical disability to be exempt from said services and payments.

SECTION 1. Rights of Each Member of Pueblo.--Each member of the Pueblo of Laguna is hereby assured of his rights as a citizen of the United States, and no attempt shall be made by the Council or the officers of the Pueblo to enforce any order which shall deprive him of said rights.

SEC. 2. Religious Toleration.--All religious denominations shall have freedom of worship in the Pueblo of Laguna, and each member of the Pueblo shall respect the other members' religious beliefs.

SECTION 1. Obtaining Use of Land.--When any qualified member of the Pueblo of Laguna desires a piece of unimproved Pueblo land, he shall select his land and then make his application to the officer in charge of the village, who shall take the matter up with the major domo. If the application is approved, the officer and the major domo shall stake out the boundaries for the applicant. The grantee shall thereafter have the right to use said land, unless the officers dispossess him for violation of the constitution or laws of the Pueblo. The Council shall be the judge of the qualification of any members to receive the use of any Pueblo lands, and to continue in possession of such lands.

SEC. 2. Non-Indians.--Non-Indians shall not be allowed to hold any land or the use thereof, except that the surviving non-Indian spouse of a member may continue to live on the land assigned to the member under terms and conditions prescribed by the Council.

SEC. 3. Leases.--No lease of land shall be given to any company, or corporation, or to any non-member of the Laguna Pueblo who wishes to do business of any nature except by the decisions of the Pueblo Council assembled for that purpose. Then the Council shall have the power to execute such lease, and there must be a written agreement signed by the Governor, the Council, and the lessee; otherwise, such lease shall be null and void.

SEC. 4. Full Possession.--The right of full possession shall be guaranteed to any member of the Pueblo holding lands the use of which has been granted to him by the officers for cultivation or other purposes; Provided, That no member holding said lands shall rent or lease same to any person not a member of the Pueblo without first getting proper authority from the Council. In no event shall any member be authorized to lease or rent the use of his land to a person not a member of the Pueblo if any member of the Pueblo needs such land. The Council shall be the judge of whether any member of the Pueblo needs such land.

SEC. 5. Minerals.--All minerals in, on, or under any lands under the jurisdiction of the Pueblo are and shall continue to remain the property of the Pueblo of Laguna and not of the person having the right to use or hold the surface of the land in, on, or under which such minerals may exist or be found. The Council shall have the power to authorize removal of any such minerals with the approval of the Secretary of the Interior as long as required by law and of the Pueblo, while all proceeds derived from the removal of any minerals shall, as rapidly as the law permits, be placed in the general Pueblo treasury to be used for the welfare and benefit of the general Pueblo. The occupant of any land in, on, or under which minerals exist and from which such minerals are removed shall be compensated by the person removing the minerals for any injury to his improvements and occupancy caused by the use of the surface of the land in removing such minerals. If the occupant of the surface and the person removing minerals cannot agree upon the amount of damage done, the amount thereof shall be fixed by the Staff Officers.

This Constitution and By-laws may be amended by a majority vote of the members of the Pueblo 21 years of age or over, voting in an election called for that 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 on any proposed amendment at the request of a majority of the Council or upon receipt of a petition signed by at least one-fifth of the eligible voters.

SECTION 1. Oath.--Each officer shall upon election take oath to support the Constitution of the United States and of the Pueblo and faithfully to discharge his duties as such officer, and shall pledge allegiance to the Pueblo and to the United States of America.

SEC. 2. Attendance of Meetings.--All Staff Officers shall be required to be present at all meetings of the Staff Officers and of the Council. Should any Staff Officer find it impossible to attend any meeting, he must notify the Governor, giving his reasons, and send a substitute in his place. If a Staff Officer is absent and has not given the Governor reasons for absence, or if the reasons are not acceptable to the Governor, the absent Staff Officer shall be fined fifty cents ($0.50) or such higher sum as may be fixed by Pueblo ordinance, which shall be paid into the Pueblo funds. If a substitute is sent by any Staff Officer who has given no reason for his absence or whose reasons for absence are not accepted as an excuse, the Staff Officers shall decide whether the substitute may act at the meeting.

SEC. 3. Voting of Staff--Quorum.--A majority of the Staff Officers shall constitute a quorum; a majority vote of the Staff Officers upon any matter shall decide the matter, unless otherwise provided in the Constitution.

SECTION 1. Assistance at Meetings.--The Secretary shall keep a record of all business transacted in Council, Staff and Pueblo meetings. At each Council, Staff, and Pueblo meeting he shall call the roll of the persons required or summoned to be present. At each Council meeting he shall read the minutes of the previous Council meeting, and the officers shall then decide whether the minutes should be approved as they stand. All persons present shall have the right to suggest corrections. When the minutes have been approved, the Secretary shall so mark them.

SEC. 2. Correspondence.--The Secretary shall attend to all official correspondence as directed by the Governor.

SEC. 3. Other Duties.--The Secretary shall have such other duties as the Council may hereafter provide.

It shall be the duty of the Treasurer to receive all money due to the Pueblo and to give a receipt for the same. He shall deposit the Pueblo money in a bank which shall be approved by the Pueblo Council. He shall keep a record in his books of all moneys received and paid out. Moneys of the Pueblo shall be paid by check signed by the Treasurer and countersigned by the Governor. No moneys shall be paid out unless the same have been authorized to be expended by the Council and vouchers for same have been signed by the Governor and the Secretary. At each regular meeting of the Pueblo Council, the Treasurer shall present a statement of receipts and disbursements made by him since the last regular meeting, and he shall submit to the Pueblo Council at each regular meeting all of his books and a statement of the financial condition of the Pueblo funds. The Treasurer shall be required to give a bond satisfactory to the Pueblo Council.

It shall be the duty of the War Captain and the First and Second Lieutenants of War to perform the traditional functions of their offices and such other duties as prescribed by the Governor.

It shall be the duty of the Interpreter to do all necessary interpreting at all meetings, and to do any official interpreting outside of the meetings when requested by the Governor. It shall not be his official duty to interpret in private matters not concerning the Pueblo.

SECTION 1. Loans.--Loans from the local funds of the Pueblo are hereby prohibited, excepting that in cases where a most urgent and uncontrollable emergency arises affecting a member of the Pueblo, the matter of a loan shall have the wise and thoughtful consideration and decision of the Council.

Each Staff Officer must devote his full time for at least nine months of each term of office to his official duties, and shall not during such period do any other work for compensation. Each Staff Officer shall have the privilege of engaging in work, other than his official duties, for compensation during three months of his term. Any Staff Officer who shall do work other than his official duties for compensation for more than three months, shall pay into the Pueblo funds $1.50, or such larger sum as may be fixed by ordinance. Staff Officers shall not be exempt from community work. All assessments paid under this section shall be paid from the Pueblo Funds to the Major-domo of the village of which the Officer is a member, to compensate the major-domo for his services.

SECTION 1. Selection.--Major-domos shall be selected in the same manner as they have heretofore been chosen.

SEC. 2. Duties and Powers.--The major-domo shall take charge of and direct all work on ditches, dams, and roads. He shall have the power to appoint some member to take care of the general stock while public work is being done under his supervision. At the commencement and at the conclusion of all public work of any nature done under his supervision the major-domo shall give a short address of encouragement and praise. All members must obey his orders while working under his supervision. No member shall leave the work until the major-domo has given the order to cease and until after the major-domo's brief talk has been completed. Violators of this section shall pay a fine of twenty-five cents ($0.25), or such sum as may be fixed by ordinance. The major-domo shall have the authority to excuse a person from work if request is made and it is found by the major-domo that it is urgent and necessary that the applicant be excused. All requests to be excused must be made in person by the applicant before work commences except excuses based upon sickness or other urgent incident. The major-domo shall carefully consider all requests for absence whether made by the person seeking to be excused or, because of urgent reasons, by someone for him.

SEC. 3. Safety Measures.--The major-domo in charge, with his other officers, must use all precautions against accidents. They must arrange for some kind of quick conveyance so that any person injured on the job may be rushed to the doctor or nurse.

SEC. 4. Stock.--The major-domo shall take up all loose stock and arrange for their care, in accordance with the law of the Pueblo relating to trespassing and loose stock.

SEC. 5. Additional Duties and Powers.--The major-domo shall have such additional powers and duties as may be provided by the Council.

This Constitution and By-laws, when adopted by a majority vote of the members of the Pueblo over 21 years of age voting in a special election called by the Secretary of the Interior, in which at least 30 percent of the eligible voters participate, shall be submitted to the Secretary of the Interior for his approval and shall be effective from the date of such approval.

Pursuant to an order approved July 7, 1949, by the Assistant Secretary of the Interior, the attached Constitution and By-laws was submitted for ratification to the Indians of the Pueblo of Laguna and was on December 5, 1949, duly adopted by a vote of 801 for, and 75 against, in an election 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). .

JOHN C. SARRACINO,

Governor, Pueblo of Laguna.

GEO. K. PRADT,

Acting Secretary, Pueblo of Laguna.

I, William E. Warne, Assistant 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 Pueblo of Laguna, New Mexico.

All rules and regulations heretofore promulgated by the Interior Department or by the Bureau 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 Pueblo of Laguna.

All officers and employees of the Interior Department are ordered to abide by the provisions of the said Constitution and By-laws.

Assistant Secretary of the Interior.