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FDL LEGAL AFFAIRS
p. 1 JUL-17-2002 13:24 JACOBSON 6516445904 P.01/03 MINUTES OF TRIBAL
13:24 JACOBSON
EXECUTIVE COMMITTEE May 19, 14, 1961
;
.
The meeting was called to order at 9:30 A.M. by the acting Vice President, Allen Roll Call was made Secretary, Peter
Wilson. Invocation by Reuben Bock. Roll of members of TEC. All members
£1] -
of members of THC, nenbera present, OE Os
Attorney
present. The first continuation order of business of business of TEC meeting of the previous day. Attorney upon for an
explanation of the contracts.
Iindquiet was called upon Lor an explanation “"
of
Attorney Lindquist stated that although they had run into many problems in
Washington in regard to Indian Claims, the Chippewa Claims against the U.S.
Government are pretty solid. He explained that the Attorneys cannot represent
the Chippewa Indians any longer unless there is an Attorney Contract in effect.
He stated "If there are funds available for payment of the fees, O.K., if not,
O.K., but there must be a contract or we cannot enter the Courts to represent
you". He stated that the Red Lake Band pays their attorneys the sum of $6,000
per annum, and they will render their services to the Minnesota Chippewa Tribe
on the same basis. He then read the proposed contract. He stated that a con
tract had been drawn up some years ago and approved by the Minnesota Chippewa
Tribe whereby the attorney fees would be paid first out of any monies recovered
on behalf of the Tribe, however, the Minnesota Chippewa Tribe does not receive
any of this money. The money recovered from these claims belongs to individuals
and not to the Minnesota Chippewa Tribe so the attorneys fees could not be paid
from this money.
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Mr. John Pemberton requested an explanation of the difference between the old
5
contract and the proposed new contract,
Mr. Lindquist explained that this contract has nothing to do with claims. It
is merely representation of the Minnesota Chippewa Tribe in day-to-day matters.
the claims contracts have not been changed, but it is still necessary that a
contract be on file in order for them to appear before committees, courts, or
to consult with any bureaus. Payment would be in quarterly annual installments
of $6,000 per year plus $250 per day for all court action. This follows along the
Red
Lake contract. There was dissatisfaction expressed by various TEC members regarding the $250
a day for court action, who felt that the attorneys should receive a straight
salary of $6,000. Mr. Lindquist agreed that this could be deleted from the
contract.
;
A motion was made by Peter DuFault to delete the $250.00 per day payment from
the attorneys contract for court appearances. Seconded by Gerald Sheehy and
passed by a vote of 11 for and none against. Motion
net cat
Motion
was made by John Rousseau to accept the attorney's contract as amended.
Seconded by Gerald Sheehy and passed by a vote of 11 for and none against.
A discussion followed as to why no other attorney firms had been contacted.
before entering into an agreement with Mr. Lindquist and Firm. Wilson
and Sheehy explained that the
| Sad Shoohy-axplained! fhat the Lindquist ‘firm bed renresented the
Lindquist firm had represented the Minnesota many Chippewa years, Tribe for knew all the facts regarding claims, etc., and that the tribe had every confidence
in Mr. Lindquist.
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JUL-17-2002 13:25 JACOBSON 6516445904 P.02/03
As suggested by E. McArthur, MCT goes on record to honor Wm. Heisler for
his efforts and years of service to the MCT.
Meeting recessed at 9:30
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p.m.
resumed at 10:30 a.m., May 11. Roll call by Secretary DuFault. Quorum present. Mr. John
Tit
L.
Pemberton is called upon to explain the enrollment ordinance to be enacted upon. Mr. Pemberton explained that under the present
Mr, John L. Pemberton is called upon to explain the enrollment ordinance to
set-up, children born after 1941 are not eligible to receive any monies coming from
any suits recovered by the MCT. Mr. Pemberton then read the proposed ordinance, explained and discussed each article and stated that it had
each article end stated that it had
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been approved and accepted by the Secretary of the Interior and returned to
the tribe for enactment. He explained that the Enrollment Committee
‘
VERRY ESOS ee eeE—Eee
appointed to draw up the ordinance was comprised of one representative
'
from each reservation and two non-members. The committee was appointed by
Simon Howard, who was then President. Mr. Rex Quinn of the central office
assisted in drafting the ordinance. Mr. Pemberton stated that the 1941
ty roll om
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five reservations and Mille Lacs and which acts no blood quantum for enrollment.
and peraons fron rolis
enraliment, Those:
on an Ligitimate children will ‘bo enrolled it they net, enrgtiment
blood quantum in the ordinance in order to receive approval of the Department
™ ©
was
2
If
the MCT does not set up
eth en stated SLiment rulés, than the Departs to wi]
eir own rules, Simon Howard the LL delegation wished
...propose brought that the up ordinance again in the taken August back meeting. Mr. reservation Pemberton stated studied that
this matter had been pending for two years and felt that the people should
be aware of what they vote. Seconded Motion by J. made Rousseau. Shechy Motion to 5.
The Enrollment Ordinance was then voted on by secret ballot with the following
results: 29 to accept ordinance
15 opposed ordinance.
"Pursuant to Article II, Section 3, of the Constitution and Bylaws of the
.
Minnesota Chippewa Tribe approved by the Secretary of the Interior on July
24, 1936, the following rules and regulations shall cover the membership and
in the Minnesota Chippewa Tribe,
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. 4
.
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enrollment in the Minnesota Chippewa Tribe. (a) Basic Membership Roll - All persons of Minnesota Chippewa Indian blood
whose names appear on the April 14, 1941 annuity roll, which shall be known as the basic membership roll of the Tribe, provided the shall
Executive Committee shall, within two years after the approval of this ordinance,
ys years @
} ordinance, Correct the basic roll, amd such roll shall be § ‘
membership
correct the basic membership roll, and such roll shall be subject to ratification by the Tribal Delegates at their annual or
=.
special meeting. (b) All children of Minnesota Chippewa Indian blood born between
April 14,
1941, the date of the annuity roll and the date
ae
of the Interlor
approval
within the date of this
one year 6.
ordinance by the Secretary of the Interior to a parent or parents, either or both of whose names appear on the basic membership roll, provided an application for enrollment is filed with the Secretary of the Tribal Delegates within one year after the date of the approval of this ordinance by the Secretary of the Interior.
(c)
After the
approval of this ordinance by the Secretary of the Interior,
S ie (a) After te of this ordisnance,by the Secretary of the si
:
all children born to a parent or parents whose names appear on the basic membership roll shall be eligible for membership, provided they possess


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FDL LEGAL AFFAIRS OFFICE
13:25 JACOBSON 6516445904 P.03/03
_
at least one-quarter (1/4) degree Minnesota Chippewa Indian blood, and
provided further that an application for enrollment is filed with
Secretary of the Tribal Delegates within one year after date of birth.
(d) No person born after the date of approval by the Secretary of the Interior
of this ordinance shall be eligible for enrollment if enrolled as a member
of another tribe, if born outside the United States, or if not an American
citizen, except that the restriction as to the place of birth shall not
apply to those persons born to members who are in the armed services
or who are employed by the United States Government if such persons otherwise
meet the requirements for enrollment.
_
(e) Any person of Minnesota Chippewa Indian blood who meets the membership
requirements of the tribe, but who because of an error has not been
enrolled, may be admitted to membership in the Minnesota Chippewa
Tribe by adoption, if such adoption is approved by the Tribal Delegates,
and shall have full membership privileges from the date the adoption is
approved.
(f) Any person who has been rejected for enrollment as a member of the
Minnesota Chippewa Tribe shall have the right of appeal within sixty days
from the date of written notice of rejection to the Secretary of the
Interior from the decision of the Tribal Delegates and the decision of the
Secretary of the Interior shall be final."
Lawrence Connors announces meeting in Chicago in June of all tribes and suggests
a delegate of the NCT attend. He stated, "this may have some bearing on speeding
ing up final settlement of claims." No action taken.
Mr. Gerald Sheehy makes announcement of free tuition for Indian students at
Morris, Minnesota. Branch of the University.
Discussion followed on taxing of leased Indian lands, closing of the White
Earth Indian Hospital.
Motion made by S. Howard to adjourn. Seconded by Jerry Martin. Motion
withdrawn to allow Treasurer McArthur to present audit report.
S. Howard makes a motion to have the audit made up in copy form and mailed
out to all delegates, and was not in favor of the treasurer reading out
the audit at the present time. Howard withdraws the motion.
"The Minnesota Chippewa Tribe
420 New Federal Building
Bemidji, Minnesota
We have examined the books of account and the related
records of the Minnesota Chippewa Tribe for the period May 1, 1960
to April 30, 1961, inclusive, to the extent we considered necessary in
the circumstances."
.
The accompanying Statement of Income and Expense is for the
period June 1, 1960 through April 30, 1961, the first eleven months of
the current fiscal year which ends on the day before the first Monday
in June. However, our examination also included the month of May 1960
the last month of the previous fiscal year, which would not otherwise
have been subjected to independent audit.
TOTAL P.03


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AN ORDINANCE
Relating to Enrollment and Membership in the
Minnesota Chippewa Tribe
Pursuant to Article II, Section 3, of the Constitution and Bylaws of the
Minnesota Chippewa Tribe approved by the Secretary of the Interior on July
24, 1936, the following rules and regulations shall cover the membership
and enrollment in the Minnesota Chippewa Tribe:
(a) Basic Membership Roll - All persons of Minnesota Chippewa Indian blood
whose names appear on the April 14, 1941 Annuity Roll, which shall be
known as the basic membership roll of the tribe, provided approval of
this ordinance, correct the basic membership roll, and such roll shall
be subject to ratification by the Tribal Delegates at their annual or
special meeting.
(b) All children of Minnesota Chippewa Indian blood born between April 14,
1941, the date of the Annuity Roll and the date of the approval of this
ordinance by the Secretary of the Interior to a parent or parents, either
or both of whose names appear on the basic membership roll, provided an
application for enrollment is filed with the Secretary of the Tribal
Delegates within one year after the date of the approval of this ordinance
by the Secretary of the Interior.
(c) After the approval of this ordinance by the Secretary of the Interior, all
children born to a parent or parents whose names appear on the basic
membership roll shall be eligible for membership, provided they possess
at least one-quarter (1/4) degree Minnesota Chippewa Indian blood, and
provided further that an application for enrollment is filed with the
Secretary of the Tribal Delegates within one year after date of birth.
(d) No person born after the date of approval by the Secretary of the Interior
of this ordinance shall be eligible for enrollment if enrolled as a
member of another tribe, if born outside the United States, or if not an
American citizen, except that the restriction as to the place of birth shall
not apply to those persons born to members who are in the armed services
or who are employed by the United States Government if such persons other-
wise meet the requirements for enrollment.
(e) Any person of Minnesota Chippewa Indian blood who meets the membership
requirements of the tribe, but who because of an error has not been enrolled
may be admitted to membership in the Minnesota Chippewa Tribe by adoption,
such adoption is approved by the Tribal Delegates, and shall have full
membership privileges from the date the adoption is approved.
(f) Any person who has been rejected for enrollment as a member of the Minnesota
Chippewa Tribe shall have the right to appeal within sixty (60) days from
Ps
the data of written notice of rejection to the Secretary of the Interior
i the decision of the Tribal Delegates and the decision of the Secretary of
Interior shall be final.


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ENROLLMENT ORDINANCE - PAGE 2
Be it enacted by the Tribal Delegates of the Minnesota Chippewa Tribe, a
quorum being present, that the above Ordinance, Relating to Enrollment and
Membership in the Minnesota Chippewa Tribe, has been approved this 14th of
May, 1961, by a vote of 29 for and 15 against.
(signed)
Allen Wilson, Vice-President
(signed)
Peter DuFault, Secretary
Approved per authority Order No.
551, Amendment 45 (23 F.R. 8398,
October 20, 1958).
July 3, 1961 (signed) Thomas L. Carter
Date Acting Area Director