Image provided by: University of Oregon Libraries; Eugene, OR
About Klamath tribune. (Chiloquin, Or.) 1956-1961 | View Entire Issue (Feb. 1, 1959)
PageJ KLAMATH TRIBUNE February 1959 Solicitor's Memo Reveals Current Status Of Fringe Unit Sales Information Given Tribal Constitution and BylaWS Given following is a tabulation of the acceptable bids received At the request of Delford that nothing in the act shall " KTL-1-59, held Feb. 16, 1959, at the tribal land sales office. With Lang as well as BIA officials, the abrogate any fishing rights 31 units being offered for sale, acceptable bids (in excess of the Tribune is publishing a' memo or privileges of the tribe or realization value) were received on 5. Of the remaining 26 units, bids from the Regional solicitors of- the members thereof enjoved ( , .t ,. A. . . . . .. fi concerning lhe effect of the up.Lr fede ral treaty. If Uli- U'r k'ss .'l!-'" ,llc value were recene.l on two and no bids termination law on the constitu- ing in the act can abrogate were received on -4. tion and bylaws of the Klamath Mich fishing rights or priv- Unit Anit. Realization Members Tribe. With both the remaining ilexes of the tribe, then it v ... , . . , and withdrawing groups discuss- would appear obvioils that An' '"K" lll(1(ler H"l able Int. ing the need for tribal reorgan- the proclamation date would 1215 L. Gienger $107,798 $104,798 lgjof4 ization it is felt that this informa- not abrogate such rights or mi Rufus & Dorothv I. Robinson 350 250 0 lion particularly appropriate. privileges of the tribe, and I'Vbruarv 11,1(5) that the tribe would continue 101 Joseph Kycek 1.055 1,000 2 ,IVi f i Kft ' ;is M,ch f,,r t,K l)UrP(ses of l.o Joseph Kvcek 760 629 ' 4 f I O : Kurcau of Indian Affairs. exercising such rights and . , ' , f , J Your memorandum of January privileges." U2 Joscl,h k'cck lm 7 2 In asks our opinion relative to the Viewing the tribal constitution A schedule for oral auction bidding between tribal members to mmiirv of Ii1Imii C Mk. Scire-- ;m1 j(VaNVs jM tK. jKlt ,,f tK. at the tribal land sales office on Wednesday. March 4 and tary of the Klamath 1 ribal Lxcc- above provisions of section 19 of Thursday. March 5, for units advertised under invitation KTL-1-59, utive Committee, whether or nut tu. Klamath Termination Act and is given as follows : any portion of the constitution ,,u. n);njnI1 ()f tR. Solicitor, it is .... , , . ,Arft and by laws of the Klamath I ribe rt.;iljiv apparent that the con- Wednesday, March 4, 1959 has been abrogated by the llam- st it ut i"i n" anil bvlaws have been .... . v Xo. of Hi(lders ath Termination Act. as amended, abrogated in several particulars, 1 mRJ Lmt No. Scheduled Section 19 of the Klamath including but not limited to the ,S: - ; - Termination Act provides: following: 9:30 A. M. 107 ! 7 "Any powers conferred upon 1 . Article 1 1 1 of the constitution 10:15 A. M. 106 3 and 1 group the tribe by such constitution has been completely abrogated. 1 1 :fX) A. M. 95 2 and 1 group which are inconsistent with Pursuant to the Termination Act, j .30 j y 07 amj j ruui the provisions of this Act are membership in the tribe is com- , r .' (X) 7 . , hereby terminated. Such posed now of those whose names ; 1 aml 1 rol,l) termination shall not affect appeared on the final roll created :00 1 M. 115A 2 groups the power of the tribe to take pursuant to the provisions of the 3:45 I'. M. 11511 2 groups nnv action under its constitu- Klamath Termination Act and T, , M , - 1Q-Q tio'n and bylaws that js con- who did not elect to withdraw inursaay, marcn ot iwu sistent with this Act without from the tribe, and withdrawing 9:30 A. M. 12A 3 the participation of the Sec- members until thev are fully paid 10:15 A. M. 117 1 and 1 group retarv or other officer of the off. When withdrawing members 11 :00 A. M. 128 2 1'nited States." are fully paid, they cease to be I'M P. M. 222 .., ....2 The Klamath Termination Act tribal members. ... f. t f . , ,i f . .1.. 1 iv c .1 Auction bidding bv tribal members on units in the first two fringe has, therefore, abrogated the 2. Article I of the constitution i'TJ 1 ;y 1 "1 -ri cy ...u 1 c 11 ... . ... ... . tl .,,, , . a a . , .IM sales (KlLl-?n and K I L-J-5X) resulted as follows: Klamath 1 ribe s constitution and has been partially abrogated. I he ' bylaws to the extent that the jurisdiction of the ( leneral Conn- Unit Xo. Successful Kidder Amount Kid same conflict with the Klamath cil no longer embraces the man- -n 1 ...1. t..,.i "1- c 1 rt ... . . 1 1 . ? 11 .i f t josepu j.icKson, ir is 1 4(hj lennination Act. In a determin- agement of all tribal business. -J 1 . 1 ; v ati.m of the extent of the conflict Pursuant to the Klamath Term- tS ' J,,n H- lfcl'd, b00 id the constitution and bylaws iuation Act, the management of 1 Joseph Jackson, Jr : 2,150 with the Klamath Termination all tribal assets will be performed V2 Joseph Jackson, 'Jr. ' 10,000 Act, attention is invited to the b a trustee in accordance with a 103 Coral ie Crawford N'elson 9 15o fact that the Klamath are not ' trust agreement between the 1()5 Joseph Jackson, Jr. Z'ZZZZZZZI" U500 disbanded as a tribe upon coin- I nited States and the trustee. . . A, -- pletion of the provisions of the Arlicl, y of th, Constitution, ' 1 heodore A Crume , 26, Act and the publication of the (.lltitin Powers." is partiallv 123 J)orothea McAnulty 2,5J proclamation provided foi in sec- abrogated. The Tribal Council Robert Doak 801 tion IS of the Act. As stated by c;in no ,,krt.r manage all tribal 114K Irwin Crume 12.250 the Scdicitor in ()pini(.u M-3(i2SI property for the reasons stated 108 Roland James Hicks 3,900 of May JO, r55: jn j above. The tribe's powers to ' "Section M(a) of the act pro- borrow inonev and to contract are dcmaikiimp Mrmncnc 1 t n vi.lrs that tlu- laws ,.f ()rcKn al.r.-uatc.l hy the provisions REMAINING MEMBERS - Contmued from Page 1 witU respect to the abandon- of the Klamath Termination Act, Kradshaw calculated that per went through by March 2, it incut of water-rights by turn- but the tribe would be limited in capita for remaining members would have to be made by the use shall not apply to the so doing inasmuch as the tribal would run at $1500 to $1700 per bank, he aihleri. tribe and its members until assets would be in the hands of year under the current timber Other matters discussed in- 15 years after the date of the the trustee and not available to sales contract. He stated that eluded the possibility of the proclamation. This language the tribe to pledge or otherwise there were no provisions for ac- trustee setting up a loan program, indicates that the tribe will encumber. cumulation of proceeds for ex- which Kradshaw advised against continue in existence beyond We cannot, of course, anticip- pansion, the main objective being for the present as leading to col- tbe date of the proclamation. ate what the tribe may seek to do operation of the area available, lection problems, financial dif- The remaining group of in the future. Any proposed ac- making it as productive as pos- ficulties, etc. Also, he noted, the members who do not elect to tion of the tribe in the future sible. Kradshaw. related that he trust instrument precludes a withdraw are repeatedly must be tested against the pro- didn't know what KIA intentions member's borrowing against his nieintioncd in the act as a visions of the Klamath Termiua- regarding a March per capita share. Inheritance of shares was 'tribe. (See Section 12 of the tion Act. If the proposed action were, but that if there was to be also discussed, act). Likewise in Section conflicts, it is invalid, if it does one, it would best he made hy the The next meeting was set for 14(h) of the act it is provided not. it is valid .... KIA. However, if trust execution March 17. .. -.nX