offer a challenge to the present age in the progress of our efforts to help the Indian to full enjoyment of his constitutional rights. The very existence of the tribes today is a resultant of the Indian treaties entered into with the Federal Government many many years ago. In 1934 under the provisions of the Indian Reorganization Act (48 Stat. 984) Indian tribes could organize with written constitutions and charters of incorporation granted for business enterprise. For law enforcement formal tribal courts, police, and tribal jails might be instituted and were. All of these developments resulted in the political system of tribal governments which exists today on Indian reservations.
Without entering into the intricacies of the Indian tribal governments unduly we should pause, doubtless, to note that some of the Indian courts, notably among the Pueblos, do not have written codes of law and order nor in most instances any written record of the decisions of the Court. This places the Indian who wishes to appeal any decision of these courts at a distinct disadvantage for he has no record of the decision in his case to appeal from. Moreover in a court of this type no basis for any violation of the constitutional rights of the individual can be established. Tribal courts are found in Arizona, Colorado, Idaho, Minnesota, Montana, tNevada, New Mexico, North Dakota, Oregon, South Dakota, Utah, Washington, and Wisconsin.
Perhaps the most important of all the problems affecting the exercise of their civil rights by the Indians is the existence of serious problems of jurisdictional overlap between Federal, State and Tribal authorities. Should this prove to be a major obstacle to full assumption to Indian civil rights we could profitably pause to consider briefly the history of the Indian tribal authority.5