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Approved: 1949; published: 1950
Article IV - Powers of the Community Article VI - Changes in the Constitution
[Digitizer's note: On the cover: "United States, Department of the Interior, Bureau of Indian Affairs" and "United States, Government Printing Office, Washington: 1950"]
Approved: 1949; published: 1950
We, a group of Eskimos having the common bond of living together in Akiak, 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.
This organization shall be called the "Akiak Native Community."
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 Community.
SEC. 2. Children of Members. - All children
of any members shall be members of the Community.
SEC. 3. Loss Of Membership. - Any member may willingly give
up his membership or his membership maybe be taken away for good reason by the
Community or if he moves away from the Community, intending not to return, he
shall lose his membership, but shall be entitled to any dividends up to the
date of his loss of membership,
SEC. 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
community.
SEC. 5. Membership Rules. - The Community 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.
Section 1. Choice of Governing Body. - At a general meeting following the acceptance of this Constitution, the Community membership shall decide what kind of governing body it wishes to set up to speak and act for the community and to use the powers of the community. If there is a governing body already set up in the community, at the time this constitution is accepted, the membership may decide to keep that governing body, or it may choose a new form of Government.
SEC. 2. Choice of Officers. - The community shall at the same time
decide how members and officers of the governing body shall be chosen and how
long they shall serve. The Community shall then choose the members to serve
on the governing body and such officer as may be thought necessary.
SEC. 3. Meetings of Membership and Governing Body. - The village shall decide
when and how often there should be meetings of the whole community membership
as well as of the governing body; also it shall decide what notice shall be
given for the calling of 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.
SEC. 4. Record and Report of Community 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 Akiak Native
Community. There shall be put in the record the names of all persons chosen
to be officers of the Community.
Section 1. Powers Held. - The Community 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 Community, to stop any giving or taking away of community 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 non-members of any reserve set aside by the federal Government for the Community and to keep order in the reserve.
To guard and to foster Native life, arts and possessions and Native customs not against law.
SEC. 3. Use of Powers. - The governing body shall put into use such
of the powers of the Community as the Community may give to it at general meetings
of the membership and shall make reports of its actions to the membership at
general meetings.
SEC. 4. Rule-making Power. - The Community may make
rules which are not against law to carry out the words of this constitution.
SECTION 1. Right to Vote. - All members of the Community twenty-one years of age or over shall have the right to vote in Community meetings and elections.
SEC. 2. Right to Speak and Meet Freely. - Members of the community
shall have the right to speak and meet together freely in a peaceable way.
SEC. 3. Right to Share in Benefits. - Members of the Community
shall have equal chance to share in the benefits of the Community.
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 Community members voting in an election called by the Secretary of the Interior at which at least 30 percent of the voting membership take part.
Section 1. Community Records. - The Community 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 community and of giving copies of the records to the representative of the Office of Indian affairs serving the Community.
SEC. 2. Community Funds. - The Community of the governing body shall
choose one or more members who shall have the duty of caring for the Community
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.
SEC. 3. Officers and Agents. - The Community 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.
This Constitution and By-laws shall be in effect when it is agreed to by a majority vote of the Community 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 apart. The persons entitled to vote are all the adult Native residents in the Community of Akiak.
WILLIAM E. WARNE
Assistant Secretary of the Interior.
WASHINGTON, D.C., May 11, 1949.
Pursuant to an order approved May 11, 1949, by the Assistant Secretary of the
Interior, the attached Constitution and By-laws was submitted of ratification
to the group of Eskimos having a common bond of residence in the Akiak Native
Community, Territory of Alaska, and was on November 21, 1949, duly ratified
by a vote of 42 for and none against in an election in which over thirty percent
of those entitled to vote cast their ballots, in accordance with Sections 16
and 17 of the Indian Reorganization Act of June 18. 1934 (48 Stat. 984), as
amended by the Act of June 15, 1935 (49 Stat. 378).
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CARL A. KAWAGLEY,
Chairman, Election Board. |
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FRED KAWAGLEY,
Secretary, Election Board. |
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JAMES B. GARNER,
Government Representative. |
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