DEPARTMENT OF THE INTERIOR
OFFICE OF INDIAN AFFAIRS
TUOLUMNE BAND OF ME-WUK INDIANS
OF THE TUOLUMNE RANCHERIA
RATIFIED NOVEMBER 12, 1937
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1933
CORPORATE CHARTER OF THE TUOLUMNE BAND OF
ME-WUK INDIANS OF THE TUOLUMNE RANCHERIA
A FEDERAL CORPORATION CHARTERED UNDER THE ACT OF JUNE 18, 1934
Whereas, the Tuolumne Band of Me-Wuk Indians of the Tuolumne Rancheria in the State of California constitutes a recognized Indian Band organized under a constitution and by-laws ratified by the members of the Tuolumne Band of Me-Wuk Indians on December 7, 1935, and approved by the Secretary of the Interior on January 15, 1936, pursuant to section 16 of the Act of June 18, 1934 (48 Stat. 984), as amended by the Act of June 15,1935 (49 Stat. 378); and
Whereas, more than one-third of the adult members of the Band have petitioned that a charter of incorporation be granted to such Band, subject to ratification by a vote of the adult Indians living on the Rancheria;
Now, therefore, I, Oscar L. Chapman, Assistant Secretary
of the Interior, by virtue of the authority conferred upon me by the said
Act of June 18, 1934 (48 Stat. 984), do hereby issue and submit this charter
of incorporation to the Tuolumne Band of Me-Wuk Indians of the Tuolumne
Rancheria to be effective from and after such time as it may be ratified
by a majority vote of the adult Indians living on the Rancheria at an election
in which at least 30 per cent of the eligible voters vote.
|Corporate Existence and Purposes
1. In order to further the economic development of the Tuolumne Band of Me-Wuk Indians of the Tuolumne Rancheria in the State of California by conferring upon the said Band certain corporate rights, powers, privileges and immunities; to secure for the members of the Band an assured economic independence; and to provide for the proper exercise by the Band of various functions heretofore performed by the Department of the Interior, the aforesaid Band is hereby chartered as a body politic and corporate of the United States of America, under the corporate name "Tuolumne Band of Me-Wuk Indians."
2. The Tuolumne Band of Me-Wuk Indians shall, as a Federal corporation, have perpetual succession.
3. The Tuolumne Band of Me-Wuk Indians shall be a membership corporation. Its members shall consist of all persons now or hereafter members of the Band, as provided by its duly ratified and approved constitution and by-laws.
4. The Tuolumne Community Council established in accordance with the said Constitution and By-laws of the Band, shall exercise all the corporate powers hereinafter enumerated.
5. The Band, subject to any restrictions contained in the Constitution and laws of the United States, or in the Constitution and By-laws of the said Band, shall have the following corporate powers, in addition to all powers already conferred or guaranteed by the Band's constitution and by-laws:(a) To adopt, use, and alter at its pleasure a corporate seal.
|Termination of Supervisory Powers.
6. Upon request of the Tuolumne Community Council for the termination of any supervisory power reserved to the Secretary of the Interior under sections 5 (b) (2), 5 (c), 5 (e), 5 (f), 5 (g), and section 8 of this Charter, the Secretary of the Interior, if he shall approve such request, shall thereupon submit the question of such termination for ratification by the Band. The termination shall be effective upon ratification by a majority vote of the adult members of the Band residing on the Rancheria, at an election in which at least 30 per cent of the eligible voters vote. If at any time after ten years from the date of approval of the Charter, the Secretary shall disapprove a request for the termination of any such supervisory power, or fail to approve or disapprove it within 90 days after its receipt, the question of its termination may then be submitted by the Secretary or by the Community Council to popular referendum of the adult members of the Band actually living within the Rancheria, and if the termination is approved by two-thirds of the eligible voters, it shall be effective.
7. No property rights of the Tuolumne Band of Me-Wuk Indians shall be in any way impaired by anything contained in this Charter, and the community ownership of unallotted lands, whether or not assigned to the use of any particular individuals is hereby expressly recognized. The individually owned property of members of the Band shall not be subject to any corporate debts or liabilities, without such owners' consent. Any existing lawful debts of the Band shall continue in force, except as such debts may be satisfied or canceled pursuant to law.
8. The Band may issue to each of its members a non-transferable certificate of membership evidencing the equal share of each member in the assets of the Band and may distribute per capita, among the recognized members of the Band, all income of the Band over and above sums necessary to defray corporate obligations to members of the Band or to other persons and over and above all sums which may be devoted to the establishment of a reserve fund, the construction of public works, the costs of public enterprises, the expenses of community government, the needs of charity, or other corporate purpose. Any such distribution of profits in any one year amounting to a distribution of more than one-half of the accrued surplus, shall not be made without the approval of the Secretary of the Interior. No financial assets of the Band shall be distributed except as provided herein.
9. The officers of the Band shall maintain accurate and complete public accounts of the financial affairs of the Band, which shall clearly show all credits, debts, pledges, and assignments, and shall furnish an annual balance sheet and report of the financial affairs of the Band to the Commissioner of Indian Affairs.
10. This Charter shall not be revoked or surrendered except by Act of Congress, but amendments may be proposed by resolutions of the Community Council which, if approved by the Secretary of the Interior, shall be effective when ratified by a majority vote of the adult members living on the Rancheria at a popular referendum in which at least 30 per cent of the eligible voters vote.
11. This Charter shall be effective from and after the date of its ratification by a majority vote of the adult members of the Tuolumne Band of Me-Wuk Indians living on the Tuolumne Rancheria, provided at least 30 per cent of the eligible voters vote, such ratification to be formally certified by the Superintendent of the Sacramento Indian Agency and the Chairman and Secretary of the Tuolumne Community Council.
OSCAR L. CHAPMAN,
WASHINGTON, D. C., October 4, 1937.
Pursuant to section 17 of the Act of June 18, 1934 (48 Stat. 984), this Charter, 7 issued on October 4, 1937 by the Assistant Secretary of the Interior to the Tuolumne Band of Me-Wuk Indians of the Tuolumne Rancheria, was duly submitted for ratification to the adult Indians living on the Rancheria and was on November 12, 1937 duly ratified by a vote of 21 for, and 1 against, in an election in which over 30 per cent of those entitled to vote cast their ballots.
Mrs. THANKFUL GEISDORFF,
Superintendent, Sacramento Agency.