tials of the new law were as follows: (1) allotment of tribal lands was prohibited in the future, but tribes might assign use rights to individuals, (2) so-called surplus lands not pre-empted by homesteaders might be returned to the tribes, (3) tribes might adopt written constitutions and charters of incorporation embodying their continuing inherent powers to manage internal affairs; and (4) funds were authorized for the establishment of a revolving credit program, for land purchases, for educational assistance, and for aiding the tribes in forming organizations. Moreover, the act could be rejected on any reservation by referendum.
The response to the 1934 act was indicative of the Indians 'ability to rise above adversity. About 160 tribes, bands, and Alaska villages adopted written constitutions, some of which combined traditional practices with modern parliamentary methods. The revolving credit fund helped Indians build up their herds and improve their economic position in other ways. Borrowers from the fund were tribal corporations, credit associations, and cooperatives that loaned to individual Indians and to group enterprises on a multimillion-dollar scale. Educational and health services were also improved through federal aid. p> Originally, the United States exercised no guardianship over the person of the Indian; after 1871, when internal tribal matters became the subject of national legislation, the number and variety of regulatory measures multiplied rapidly. In the same year that the Indian Reorganization Act was passed, Congress significantly repealed 12 statutes that had made it possible to hold Indians virtual prisoners on their reservations. Indians were then able to come and go as freely as all other persons. The Snyder Act of 1924, extending citizenship to all Indians born in the United States, opened the door to full participation. But few Indians took advantage of the law, and because of their lack of interest a number of states excluded Indians from the franchise. Organization of tribal governments following the Reorganization Act, however, seemed to awaken an interest in civic affairs beyond tribal boundaries, and when Indians asked for the franchise, they were generally able to secure it eventually, though not until 1948 in Arizona and New Mexico, after lengthy court action. p> The federal courts consistently upheld the treaties made with Indian tribes and also held that property may not be taken from Indians, whether or not a treaty exists, "except in fair trade. "The latter contention was offered by the Hualapai Indians against the Santa Fe Railway. The company was required by the courts in 1944 to relinquish about 500,000 acres it thought had been granted to it by the US The lands had been occupied since prehistory by the Indians, without benefit of treaty recognition, and the Supreme Court held that, if the occupancy could be proved, as it subsequently was, the Indians were entitled to have their...
