Oklahoma Welfare Act of 1936
The Oklahoma Welfare Act of 1936 was a legislative response to the perceived inadequacies of the Indian Reorganization Act of 1934, particularly regarding the interests of Native Americans in Oklahoma. Spearheaded by Senator Elmer Thomas, the act aimed to address issues such as land ownership, taxation of mineral rights, and the integration of Native Americans into broader society, while respecting their rights to self-determination. The act's original draft faced significant opposition, particularly from Osage County representatives who were concerned about the control of Native American financial matters being transferred from state courts.
The final version of the act focused on empowering tribes to create and implement their own constitutions, facilitating land acquisition, and enabling access to credit without forcing Native Americans onto reservations. Notably, the act maintained the jurisdiction of state courts over probate issues and exempted Osage County from many provisions of the legislation. Overall, the Oklahoma Welfare Act of 1936 reflects a complex interaction between state policy and Native American rights during a challenging period in U.S. history, illustrating the ongoing struggle for balance and recognition within legal frameworks.
Oklahoma Welfare Act of 1936
The Law Federal legislation offering an alternative to the Indian Reorganization Act of 1934
Also known as Oklahoma Indian Welfare Act; Thomas-Rogers Act
Dates Introduced February 27, 1935; enacted on June 26, 1936
The Oklahoma Welfare Act was designed to improve the livelihood of Native Americans residing in Oklahoma. It allowed for the reorganization of many tribes in Oklahoma that had been negatively impacted by the Oklahoma Land Run. The act enhanced the ability of tribes to create independent tribal governments.
Oklahoma politicians did not believe the Indian Reorganization Act of 1934 best represented the interests of the state’s Native American population. Senator Elmer Thomas of Oklahoma argued that removing Native Americans residing in Oklahoma from their allotted land and forcing them to reservations would overturn the progress made between Caucasians and Native Americans. Thomas led a political delegation that wrote a bill better suited to the needs of the state’s Native American population.
The original draft had eighteen sections that focused on a variety of issues ranging from the taxation of mineral rights, the incorporation of Native Americans into mainstream culture, and restrictions of Native Americans selling their land. There was much opposition to this draft. The most vocal opposition came from representatives of Osage County who disagreed with the idea of taking probate control of Native American money and property away from the Oklahoma courts.
Impact
The revised draft of this law centered on empowering Native Americans without forcing them onto reservations. This legislation outlined how tribes could construct and implement new constitutions. It also addressed how Native Americans could acquire land and establish credit. The legislation did not remove probate decisions from the state courts. Furthermore, section 8 of the act stipulated that Osage County was exempt from all parts of this legislation.
Bibliography
Cornell, Stephen, and Joseph P. Kalt. “Sovereignty and Nation-Building: The Development Challenge in Indian Country Today.” American Indian Culture and Research Journal 22, no. 1 (1998): 187-214.
Cowan, Klint A. “International Responsibility for Human Rights Violations by American Indian Tribes.” Yale Human Rights and Development Law Journal 9, no. 1 (2006): 1-41.
Kalt, Joseph P., and Joseph W. Singer. Myths and Realities of Tribal Sovereignty: The Law and Economics of Indian Self-Rule. Cambridge, Mass.: Harvard Project on American Indian Economic Development, 2004.