case the people shall have the right to defend themselves until the council is convened by proclamation of the principal chief, and measures of defense prescribed. SEC. 13. The principal chief shall have the power, by and with the advice and consent of the senate, to appoint commissioners, or delegates, to transact such business as may become expedient to the Choctaw nation, and all other officers whose appointments are not herein or otherwise provided for. SEC. 14. The general council of the Choctaw nation shall have the power to pass such laws as they may deem expedient to punish rebellion, treason, and other high crimes against the nation. SEC. 15. All contested elections for principal chief and other officers shall be determined as the law may prescribe. SEC. 16. The general council shall have the power to create by law such regulations and commissions, and appoint superintendents and such other officers, as the case may be, required for the promotion and advancement of all the schools of this nation. SEC. 17. Eighteen thousands dollars of the interest money arising from the Chickasaw fund, granted to the Choctaws by convention held and concluded at Doaksville, shall be set apart annually for educational purposes, and the remaining seven thousand dollars be set apart, annually, to be expended as the law may hereafter direct. SEC. 18. Any citizen of this nation who may find any mine or mines, or mineral waters, shall have exclusive right and privilege to work the same, so long as he may choose, within one mile in any direction from his works or improvements; provided, however, he does not interfere with the rights of the former settler. SEC. 19. No person who denies the being of a God, or a future state of rewards and punishments, shall hold any office in the civil department of this nation, nor shall he be allowed his oath in any court of justice. SEC. 20. The treasurer of this nation, together with all other persons who may be intrusted with public money, shall be required to give such bond and security as may be prescribed by law. SEC. 21. No laws of a general nature, unless otherwise provided for, shall be enforced until sixty days after the passage thereof. SEC. 22. No money shall be drawn from the treasury but in consequence of an appropriation made by law; an accurate statement of the receipts and expenditures of public moneys shall be attached to and published with the laws, at every regular session of the general council. SEC. 23. That all the provisions in the constitution, now in existence, and not revised or adopted by this constitution are hereby declared null and void; and that any law which may be passed contrary to the provisions herein specified shall be null and void; and all rights and powers not herein granted or expressed shall be reserved unto the people. SEC. 24. Divorces from the bond of matrimony shall not be granted but in cases provided for by law. Militia ARTICLE VIII SECTION 1. The general council shall provide by law for organizing and disciplining the militia of this nation, in such manner as they shall deem expedient, not incompatible with the constitution, treaties and laws of the United States, in relation thereto. SEC. 2. Officers of the militia shall be elected or appointed in such manner as the general council shall from time to time direct, and shall be commissioned by the principal chief. SEC. 3. The principal chief shall have power to call forth the militia to execute the laws of the nation, to suppress insurrections and repel invasions. ARTICLE IX Mode of amending and revising the constitution SECTION 1. Whenever a majority of the members of the general council assembled shall deem it necessary, they may propose an amendment or amendments to this constitution; which amendment shall be submitted by the national secretary, at least four months preceding the next regular election, at which the qualified voters shall vote directly for and against such proposed amendment, or amendments; and if it shall appear that a majority of the qualified voters shall have voted in favor of such amendment, or amendments, then the same may be incorporated as a part of this constitution at the next succeeding general council. SEC. 2. And if at any time two-thirds of the senate and the house of repre sentatives shall think it necessary to revise and change this entire constitution, they shall recommend to the electors, at the next election for members of the general council, to vote for or against the convention, and it shall appear that a majority of the electors voting at such election, have voted in favor of calling a convention, the general council shall, at its next session, provide by law for calling a convention, to be holden within six months after the passage of such law; and such convention shall consist of delegates equal to the number of members in the house of representatives of the general council. SCHEDULE SECTION 1. All matters now pending in the several courts of this nation shall be transferred to such courts as may have proper jurisdiction thereof under this constitution. SEC. 2. All rights, prosecutions, claims on contracts, as well of individuals as bodies corporate, and laws now in force at the time of the adoption of this constitution, and not inconsistent therewith, until altered or repealed by the general council, shall remain in full force. SEC. 3. Any special appointments or contracts heretofore made and approved under existing laws or resolutions of the general council, shall be approved by the principal chief of this nation, and the appointees commissioned, and contracts so made ratified by him. SEC. 4. In order that no inconvenience may result to the public service, from the taking effect of this constitution, no office shall be suspended, nor any laws relative to the duties thereof be changed or abrogated, until the officers elected and appointed under this constitution shall be duly qualified and enter upon their respective duties. SEC. 5. Immediately after the governor of this nation shall make proclamation that this constitution is ratified by the people, then it shall be the duty of the president of this convention to give notice forthwith to all the probate judges in this nation, directing them to hold an election on the first Wednesday in August A.D. 1860, for a principal chief and all other officers, district and county, provided for in this constitution, to be conducted in the manner prescribed by the existing election laws; should there be any vacancy, however, in the office of probate judge, then it shall be the duty of any of the county officers to order the said elections. SEC. 6. The returns for the elections above directed shall be sent to the president of this convention, who shall open and publish the same, giving certificates to those whom the returns show to be chosen for the various offices; the returns for principal chief shall be transmitted as the constitution directs. SEC. 7. The president of this convention shall call to his assistance two or more competent persons to aid him in making out the returns of the said elections. SEC. 8. In the event the president of this convention should die then the returns of the elections for principal chief and other officers, shall be transmitted to the national secretary, who shall proceed as in manner above directed. SEC. 9. Until apportionment shall be made by law, in pursuance of this constitution, for the election of senators, the counties of three districts, singly and severally, shall elect a senator or senators for members to the general council as follows: In Apukshanubbee District: Towson County, one Senator; Cedar County, and Wade County, one Senator; Red River County and Boktucklo County, one Senator; Eagle County, and Nashoba County, one Senator. In Pushamataha District: Kiamichi County, one Senator; Blue County, one Senator; Atoka County, one Senator; Jack's Fork County, one Senator. In Mosholatubbee District: Sugar-Loaf County, one Senator; Skullyville County, one Senator; Sans Bois County, one Senator; Gaines County, and Tobucksy County, one Senator. SEC. 10. The first election for members to the House of Representatives, under this constitution, shall consist of a number of members equal to the apportionment under the existing laws. W. A. DIBRELL, Clerk. GEORGE HUDSON, President of the Convention. DELEGATES OF THE CONVENTION Forbis Leflore, L. P. Pitchlynn, Ellis W. Folsom, Wm. McCoy, Joseph Dukes, Wm. S. Patton, Edmond Gardner, Joseph P. Folsom, John Picken (his X mark), Stephen Holson, S. P. Willis, Alfred Shong, Pliny Fisk, Simon Conklil, Pistambee, Peter Watson (his X mark), Daniel Miller, Adam Nail, Davis King. AMENDMENTS SECTION 1. The national secretary, national treasurer, national auditor, and national attorney shall be elected by the qualified electors of this nation, who shall hold their offices for the term of two years and until their successor are elected and qualified, unless sooner removed; and they shall perform such duties as may be prescribed by law. SEC. 2. The seat of government shall be permanently fixed at or about two and one half miles east of the old Nanih Waiya, and shall be called and known as Tushkahumma, and the first and all future sessions of the general council shall commence on the first Monday in October, 1884, and each and every year thereafter and shall be held at the Tushkahumma aforesaid. Allen HARJO et al., Plaintiffs, V. APPENDIX B Thomas S. KLEPPE et al., Defendants. Civ. A. No. 74-189. Four members of Creek Nation brought action for declaratory and injunctive relief against policy and practice of the Interior Department in recognizing and dealing with the principal chief of the Creek Nation, as the sole embodiment of the Creek tribal government, and in refusing to recognize, facilitate or deal with a Creek national council as a coordinate branch of the tribal government responsible for certain legislative and financial functions. On cross motions for summary judgment, the District Court, Bryant, J., held that court had jurisdiction over the subject matter; the controversy was justiciable; and that despite the general intentions of the Congress of the late 19th and early 20th centuries to ultimately terminate the tribal government of the Creeks, and despite an elaborate statutory scheme implementing numerous intermediate steps toward that end, the final dissolution of the Creek tribal government created by the Creek constitution of 1867 was never statutorily accomplished, and that government was instead explicitly perpetuated; and federal government did not act legally in recognizing the principal chief as the sole embodiment of that government. Judgment for plaintiffs. 1. Courts 284(3) Inasmuch as plaintiff Creek Indians alleged that Secretaries of the Interior and of the Treasury and the officially recognized principal chief of the Creek Nation were acting beyond and contrary to authority prescribed by Congress through various statutes which governed defendants' authority to dispense and principal chief's au While Congress has power to regulate commerce with Indian tribes and, based on that authority, to delegate certain duties to executive departments, it remairs with the courts to interpret such statutes. 4. Constitutional Law 68(1) The political question doctrine did not render nonjusticiable the controversy over whether federal officials were acting contrary to and beyond their statutory authority in recognizing and dealing with the principal chief of the Creek Nation as the sole embodiment of the Creek tribal government and in refusing to recognize or deal with a Creek national council as a coordinate branch of the tribal government. Act Oct. 22, 1970, 84 Stat. 1091. 5. Indians 2 Question of what constitutes an Indian tribe is not ordinarily a matter for determination by the courts, but the courts have always resolved questions of legislative intent even when the questions deal with Indians. 6. Indians 27(2) Inasmuch as action by Creek Indians presented issue whether Secretary of Interior had acted lawfully in refusing to permit the Creek national council to participate in the determination of the uses to which tribal funds would be put and other tribal matters, the "intra-tribal dispute" doctrine was not relevant and federal court had jurisdiction over the case. 28 U.S.C.A. § 1331. The Creek "tribal towns" which had chosen to organize under the provisions of the Oklahoma Indian Welfare Act were not indispensable parties to action by Creek Indians challenging policy and practice of Interior Department in recognizing and dealing with the principal chief of the Creek Nation as the sole embodiment of the Creek tribal government and in refusing to deal with a Creek national council, inasmuch as nothing in the court's decree, should plaintiffs prevail, would have any effect on the traditional power of tribal towns to determine membership criteria and would not disturb relationship of the towns with the federal government. 25 U.S.C.A. § 503. Despite the general intentions of Congress in the late 19th and early 20th centuries to ultimately terminate the tribal government of the Creeks, and despite an elaborate statutory scheme implementing numerous intermediate steps toward that end, the final dissolution of the Creek tribal government created by the Creek constitution of 1867 was never statutorily accomplished, and instead that government was explicitly perpetuated. Act June 28, 1898, 30 Stat. 495; Act March 1, 1901, 31 Stat. 861; Act April 26, 1906, 34 Stat. 137; Act Oct. 22, 1970, 84 Stat. 1091. 10. Indians 2 Section 19 of the Curtis Act of 1898 was not intended as a limitation on the constitutional power of the Creek government to allocate and spend tribal funds, but was a limited device intended to prevent any possible illegitimate diversion or embezzlement of payments to be made to individ Under Sections 32, 33 and 42 of 1901 agreement between the United States and the Creek Nation, providing for control of the Secretary of Interior over disbursements and cash flow arising out of allotment agreement, the Creek government through its national council retained its general authority for dealing with tribal affairs and for determining the purposes for which tribal funds would be spent, except to the extent those funds were needed for equalization of allotments or for other expenditures resulting from the Act. Act March 1, 1901, §§ 32, 33, 42, 31 Stat. 861. 13. Indians 3 Section 44 of 1901 agreement between the United States and the Creek Nation, reconfirming the binding effect of prior treaties except to the extent that they are inconsistent with the agreement, includes treaties guaranteeing the Creeks the maximum self-government consistent with congressional objectives. Act March 1, 1901, § 44, 31 Stat. 861; Treaty with the Creeks and Seminoles, 11 Stat. 699. 14. Indians 2 Section 6 of the "Five Tribes Act" of 1906 was intended simply to insure that the office whose occupant was charged by statute with signing allotment deeds would at all times be filled, and not to deprive tribes |