KIALEGEE TRIBAL TOWN OKLAHOMA
RATIFIED SEPTEMBER 17, 1942
CORPORATE CHARTER OF THE KIALEGEE TRIBAL TOWN
A FEDERAL CORPORATION CHARTERED UNDER THE ACT OF JUNE 26, 1936
Whereas, the Kialegee Tribal Town constitutes a recognized band of Indians residing in Oklahoma, organized under a constitution and by-laws approved by the Assistant Secretary of the Interior on April 14, 1941, and ratified by the Indians of the said Town on June 12, 1941, pursuant to Section 3 of the Oklahoma Indian Welfare Act of June 26, 1936 (49 Stat. 1967); and
Whereas, the said Tribal Town, by resolution of the Kialegee officers duly authorized, has requested that a charter of incorporation be issued to the said Tribal Town subject to ratification by a vote of the members of the Tribal Town,
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 26, 1936, do hereby issue this Charter of incorporation to the Kialegee
Tribal Town to be effective from and after such time as it may be ratified by a
majority vote of the adult members of the Kialegee Tribal Town voting: Provided,
however, That such election shall be void unless the total vote cast be
at least 30 percent of those entitled to vote.
1. The corporate purposes of the Kialegee Tribal Town shall be:(a) To define and safeguard the rights and powers of the Kialegee Tribal Town and its members.
|Name, Membership, and Organization.||
2. The name of this corporation shall be the Kialegee Membership Tribal Town, as provided in the Constitution and By-laws of the said tribal town. The membership, the officers, and the management of the incorporated tribal town shall be as provided in the said Constitution and By-laws.
3. The Kialegee Tribal Town, subject to any restrictions contained in the Constitution and laws of the United States or in the Constitution and By-laws of the tribal town, and to the limitations of sections 4 and 5 of this Charter, shall have the following
|Limitations of Corporate Powers.||
4. The foregoing corporate powers shall be subject to the following limitations:
|Departmental Review of Corporate Acts.||
5. Until ten years from the date of ratification of this Charter, or such other date as may be fixed pursuant to section 6, the following corporate acts or transactions shall be valid only after approval by the Secretary of the Interior or his duly authorized representatives:(a) Any contract involving a payment by the Tribal Town of more than $5,000.
|Extension and Termination of Supervisory Powers.||
6. At any time within ten years after the ratification of and this Charter, any power of review established by Section 5 may be terminated by the Secretary of the Interior with the consent of the Kialegee Tribal Supervisory Town membership. At or before the expiration of this ten year period the Secretary may propose a further extension of this period. Such proposed extension shall be effective unless disapproved by a three-fourths vote of the Kialegee Tribal Town membership.
|Corporate Rights and Property.||
7. Any rights and powers heretofore vested in the Kialegee Tribal Town, not expressly referred to in the Constitution, By-laws or Charter of the said Tribal Town, shall not be abridged, but may be exercised by the people of the Kialegee Tribal Town, through the adoption of appropriate additions and amendments to the Constitution, By-laws or Charter of the said Tribal Town. No property rights or claims of the Kialegee Tribal Town existing prior to the ratification of this Charter shall be in any way impaired by anything contained in this Charter. The Tribal Town ownership of unallotted lands, whether or not occupied by any particular individuals, is hereby expressly recognized. The individually-owned property of members of the Tribal Town shall not be subject to any corporate debts or liabilities without such owners' consent.
8. This Charter shall not be revoked or surrendered except by an Act of Congress, but amendments may be proposed by a majority vote of the Business Committee or by a petition signed by 30 percent of the adult members of the Tribal Town. Such amendments, if approved by the Secretary of the Interior, shall be submitted to referendum vote by all members of the Tribal Town, and shall be effective if approved by a majority vote.
9. This Charter shall be effective from and after the date of its ratification by a majority vote of the adult members of the Kialegee Tribal Town, provided that at least 30 percent of the eligible voters shall vote, such ratification to be formally certified by the Superintendent of the Five Civilized Tribes agency and by the Town King and the Secretary of the Tribal Town.
OSCAR L. CHAPMAN,
WASHINGTON, D. C., July 23, 1942.
I, Oscar L. Chapman, Assistant Secretary of the Interior of the United States of America, by virtue of the authority granted me by the Act of June 26, 1936 (49 Stat. 1967), do hereby approve the attached Charter of the Kialegee Tribal Town of Oklahoma, subject to ratification by the tribe in the manner therein provided.
Upon ratification of this Charter 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 Charter and the Constitution and By-laws, approved by me on April 14, 1941, and duly ratified by the tribe on June 12, 1941, are declared inapplicable to the Kialegee Tribal Town of Oklahoma.
All officers and employees of the Interior Department are ordered to abide by the provisions of the said Constitution and By-laws, and the Charter, if and when, ratified by the tribe.
Approval recommended: May 15, 1942.
Assistant Commissioner of Indian Affairs.
OSCAR L. CHAPMAN,
WASHINGTON, D. C., July 23, 1942.
Pursuant to section 3 of the Act of June 26, 1936 (49 Stat. 1967), this Charter, issued on July 23, 1942 by the Assistant Secretary of the Interior to the Kialegee Tribal Town of Oklahoma was duly submitted for ratification to the adult members of the tribe, and was on September 17, 1942, duly adopted by a vote of 42 for, and 3 against, in an election in which over 30 percent of those entitled to vote cast their ballots.
A. M. LANDMAN,
Superintendent, Five Civilized Tribes Agency.