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CONSTITUTION, BY-LAWS, AND CORPORATE CHARTER
OF THE
NATIVE VILLAGE OF FORT YUKON,
ALASKA
RATIFIED JANUARY 2, 1940
|
CONSTITUTION
OF THE
NATIVE VILLAGE OF FORT YUKON,
ALASKA
RATIFIED JANUARY 2, 1940
We, a group of Indians having the common bond of living together in
the Village of Fort Yukon, Territory of Alaska, in order to have
better life and greater security, make for ourselves this Constitution
and By-Laws, by authority of the Act of Congress of June 18, 1934, as
amended by the Acts of June 15, 1935 and May 1, 1936.
Article I -- Name
This organization shall be called the "Native Village of Fort Yukon."
Article II -- Membership
- Section 1. First Members.
- All persons whose names are on
the list of native residents, made according to the Instructions of
the Secretary of the Interior for organization in Alaska, shall be
members of the Village.
- Section 2. Children of Members.
- All children of any
members shall be members of the village.
- Section 3. Loss of Membership.
- Any member may willingly
give up his membership, or his membership may be taken away for good
reason by the Village, or if he moves away from the Village, intending
not to return, he shall lose his membership.
- Section 4. New Membership.
- Any person who has lost his
membership and any other native person may be made a member if he sets
up a home in the Village.
- Section 5. Membership Rules.
- The Village may make rules
to govern membership, either for the purpose of carrying out this
Article or covering membership matters not taken care of in this
Article.
Article III -- Governing Body
- Section 1. Choice of Governing Body.
- At a general meeting
following the acceptance of this Constitution, the Village membership
shall decide what kind of governing body it wishes to set up to speak
and act for the Village and to use the powers of the Village. If
there is a governing body already set up in the Village at the time
this Constitution is accepted, the membership may decide to keep that
governing body, or it may chose a new form of government.
- Section 2. Choice of Officers.
- The Village shall at the
same time decide how members and officers of the governing body shall
be chosen and how long they shall serve. The Village shall then
choose the members to serve on the governing body and such officers as
may be thought necessary.
- Section 3. Meeting of Membership and Governing Body.
- The
Village shall decide when and how often there should be meetings of
the whole Village membership as well as of the governing body; also it
shall decide what notice shall be given for the calling of meetngs and
how many members must be present at such meetings in order to do
business; and it may make any other rules necessary for the holding of
meetings. A general meeting of the whole membership shall be held at
least once a year.
- Section 4. Record and Report of Village Decisions.
- A
record shall be made and kept of all the rules made under sections 1,
2, and 3 of this Article, which record shall be called the Record of
Organization of the Native Village of Fort Yukon. Copies of this
record shall be given to the teacher or other representative of the
Office of Indian Affairs serving the Village. There shall be put in
the record the names of all persons chosen to be officers of the
Village.
Article IV -- Powers of the Village
- Section 1. Powers held.
- The Village shall have the
following powers:
- To do all things for the common good which it has done or has had the
right to do in the past and which are not against Federal law and such
Territorial law as may apply.
- To deal with the Federal and Territorial Governments on matters which
interest the Village, to stop any giving or taking away of Village
lands or other property without its consent, and to get legal aid, as
set forth in the act of June 18, 1934.
- To control the use by members or nonemembers of any reserve set aside
by the Federal Government for the Village and to keep order in the
reserve.
- To guard and to foster native life, arts and possessions and
native customs not against law.
- Section 2. Grant of More Powers.
- The Village may have and
use such other powers as may be given to it by the Federal or
Territorial Government.
- Section 3. Use of Powers.
- The governing body shall put
into use such of the powers of the Village as the Village may give to
it at general meetings of the membership and shall make reports of its
actions to the membership at general meetings.
- Section 4. Rule-making Power.
- The Village may make rules
which are not against law to carry out the words of this Constitution.
Article V -- Rights of Members
- Section 1. Right to Vote.
- All members of the Village 21
years of age or over shall have the right to vote in Village meetings
and elections.
- Section 2. Right to Speak and Meet Freely.
- Members of the
Village shall have the right to speak and meet together freely in a
peaceable way.
- Section 3. Right to Share in Benefits.
- Members of the
Village shall have equal chance to share in the benefits of the Village.
Article VI -- Changes in the Constitution
Changes in this Constitution and By-laws may be made if the changes
are approved by the Secretary of the Interior and by a majority vote
of the Village members voting in an election called by the Secretary
of the Interior at which at least 30 percent of the voting membership
take part.
BY-LAWS
OF THE
NATIVE VILLAGE OF FORT YUKON,
ALASKA
RATIFIED JANUARY 2, 1940
Article I -- Officers and Their Duties
- Section 1. Village Records.
- The Village or the governing body shall choose one or more members who
shall have the duty of keeping records of all actions and decisions of
the Village and of the governing body and of giving copies of the
records to the representative of the Office of Indian Affairs serving
the Village.
- Section 2. Village Funds.
- The Village or the governing body shall choose one or more members who
shall have the duty of caring for the Village funds and keeping
records of all funds taken in and paid out and giving copies of the
records to the representative of the Office of Indian Affairs.
- Section 3. Officers and Agents.
- The Village or the governing body may choose as many officers and
agents as it may need to carry out its duties and shall state the
length of service and the duties of each officer or agent when he is
chosen.
Article II -- Adoption
- This Constitution and By-laws shall be in effect when it is agreed to
by a majority vote of the Village members voting in an election called
for the purpose by the Secretary of the Interior: Provided,
That at least 30 percent of the voting membership take part. The
persons entitled to vote are all the adult native residents in the
Village of Fort Yukon.
Approval
This Constitution and By-laws is hereby approved by the Assistant
Secretary of the Interior and submitted for acceptance or rejection by
the group of Indians having a common bond of living together in the
Village of Fort Yukon, Alaska, in an election called and held under
the Instructions of 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 will be inapplicable to the Village of Fort Yukon, Territory
of Alaska, from and after the date of adoption of this constitution.
All officers and employees of the Interior Department are ordered to
abide by the provisions of the said constitution and by-laws.
Oscar L. Chapman
Assistant Secretary of the Interior.
[SEAL]
Washington, D.C., May 15, 1939.
Certification of Adoption
Pursuant to an order, approved May 15, 1939 by the Assistant Secretary
of the Interior, the attached constitution and by-laws was submitted
for ratification to the group of Indians having common bond of
residence in the Village of Fort Yukon, Territory of Alaska, and was
on January2, 1940, duly ratified by a vote of 67 for and none 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).
Paul Solomon,
Chairman, Election Board.
George S. Wilson,
Government Representative.
CORPORATE CHARTER
OF THE
NATIVE VILLAGE OF FORT YUKON,
ALASKA
RATIFIED JANUARY 2, 1940
A FEDERAL CORPORATION CHARTERED UNDER THE ACT OF JUNE 18, 1934,
AS AMENDED BY THE ACT OF MAY 1, 1936
Whereas, a group of Indians having a common bond of living together in
Fort Yukon, Territory of Alaska, seek to organize under sections 16
and 17 of the Act of June 18, 1934, and section 1 of the charter
approved by the Secretary of the Interior,
Now, therefore, I, Oscar L. Chapman, Assistant Secretary of the
Interior, by virtue of the authority given to me by the above acts, do
hereby submit this charter of incorporation to the group of Indians so
organizing.
- Section 1. Purpose and Name.
- In order to enable the Village and its members to do various kinds of
business for their good, the Village is hereby chartered as a
corporation of the United States of America under the name of "Native
Village of Fort Yukon."
- Section 2. Membership.
- The corporation shall be a membership corporation, consisting of all
persons of the Village considered members under the rules of its Constitution.
- Section 3. Management.
- The corporation shall be managed by the governing body set up
under the constitution.
- Section 4. Powers.
The corporation shall have the power to do the following things:
- To own, hold, manage and dispose of all Village property;
- To make contracts;
- To sue and be sued;
- To borrow money from the revolving Indian credit fund and to use
it under a loan contract;
- To enter into any business or activity that will better the
condition of the Village and its members;
- To do such other things as may be necessary to carry on the
business and activities of the Village.
- Section 5. Limits to Powers.
In using its powers the corporation must not do the following
things:
- Go against any law or the constitution and by-laws of the Village;
- Sell or mortgage any land set aside as a reserve for the Village;
- Make leases, permits or contracts covering any lands or waters set
aside as a reserve for the Village without the approval of the
Secretary of the Interior or his authorized representative.
- Section 6. Property of Members.
- Property owned by a member of the Village shall not be
taken to pay the debts of the corporation without his consent.
- Section 7. Records.
- The corporation shall keep correct records of its business and
activities and give copies of these records when asked to do so to the
representative of the Office of Indian Affairs serving the Village.
- Section 8. Changes in the Charter.
- Changes in the charter may be made by the Village and if approved by
the Secretary of the Interior shall be in force when agreed to by a
majority vote of those members voting in an election called by the
Secretary of the Interior: Provided, That at least 30
percent of the voting membership votes. The charter itself shall
continue in force for all time, unless taken away by act of Congress.
- Section 9. Adoption of Charter.
- The charter shall be in force when it is agreed to by a majority vote
of those members voting in an election called by the Secretary of the
Interior: Provided, That at least 30 percent of the voting
membership votes and provided that the Village has agreed to a
constitution and by-laws approved by the Secretary of the Interior.
This Charter is hereby approved and submitted to the group of Indians
having a common bond of residence in the Village of Fort Yukon,
Alaska, to be voted on in an election called and held under the
Instructions of the Secretary of the Interior. The Charter shall be
deemed issued when a petition for a charter, signed by one-third of
the adult Indians, has been received by an authorized representative
of the Department of the Interior.
Oscar L. Chapman,
Assistant Secretary of the Interior.
[SEAL]
Washington, D.C., May 15, 1939.
CERTIFICATION
Pursuant to an order approved May 15, 1939 by the Assistant Secretary
of the Interior, the attached charter was submitted for ratification
to the group of Indians having a common bond of residence in the
Village of Fort Yukon, Territory of Alaska, and was on January 2,
1940, duly ratified by a vote of 67 for and none against, in an
election in which over 30 percent of those entitled to vote cast their
ballots, in accordance with the Alaska Act of May 1, 1936 (49 Stat.
1250), and section 17 of the Act of June 18, 1934 (48 Stat. 984), as
amended by the Act of June 15, 1935 (49 Stat. 378).
Paul Solomon,
Chairman, Election Board.
George S. Wilson,
Government Representative
Curated by:
Marilyn K. Nicely, Retired Law Librarian: mnicely@ou.edu