A-12505, JANUARY 13, 1926, 5 COMP. GEN. 476

A-12505: Jan 13, 1926

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1926: I HAVE YOUR LETTER OF DECEMBER 29. TO BE PAID TO OSAGE ADULT INDIANS WHO HAVE NOT RECEIVED CERTIFICATES OF COMPETENCY FOR THE MAINTENANCE AND EDUCATION OF THEIR CHILDREN IS AVAILABLE FOR PAYMENT TO JOHN BIGHEART. FOR THE MAINTENANCE AND EDUCATION OF TWO WHITE CHILDREN WHO ARE THE CHILDREN OF HIS WHITE WIFE BY A PREVIOUS MARRIAGE AND LIVING WITH HIM AND SUPPORTED BY HIM. IT WAS HELD THAT. AS THE INDIAN STEPFATHER IS RESPONSIBLE FOR.

A-12505, JANUARY 13, 1926, 5 COMP. GEN. 476

OSAGE INDIANS - QUARTERLY ALLOWANCE TO PARENTS FOR SUPPORT OF CHILDREN THE QUARTERLY ALLOWANCE AUTHORIZED BY THE ACT OF FEBRUARY 27, 1925, 43 STAT. 1008, TO BE PAID TO ADULT OSAGE INDIANS NOT HAVING CERTIFICATES OF COMPETENCY, FOR THE MAINTENANCE AND EDUCATION OF THEIR CHILDREN, MAY BE PAID TO AN INDIAN STEPFATHER FOR THE MAINTENANCE AND EDUCATION OF TWO STEPCHILDREN OF WHITE BLOOD LIVING WITH HIM AND SUPPORTED BY HIM.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE INTERIOR, JANUARY 13, 1926:

I HAVE YOUR LETTER OF DECEMBER 29, 1925, REQUESTING DECISION WHETHER THE QUARTERLY ALLOWANCE AUTHORIZED BY THE ACT OF FEBRUARY 27, 1925, 43 STAT. 1008, TO BE PAID TO OSAGE ADULT INDIANS WHO HAVE NOT RECEIVED CERTIFICATES OF COMPETENCY FOR THE MAINTENANCE AND EDUCATION OF THEIR CHILDREN IS AVAILABLE FOR PAYMENT TO JOHN BIGHEART, JR., A RESTRICTED FULL-BLOODED ALLOTTEE, FOR THE MAINTENANCE AND EDUCATION OF TWO WHITE CHILDREN WHO ARE THE CHILDREN OF HIS WHITE WIFE BY A PREVIOUS MARRIAGE AND LIVING WITH HIM AND SUPPORTED BY HIM.

IN DECISION OF OCTOBER 28, 1925, A-11387, AFTER QUOTING THE STATUTE IN QUESTION AND CONSIDERING IT IN CONNECTION WITH THE ORIGINAL STATUTE OF MARCH 3, 1921, 41 STAT. 1250, IT WAS HELD THAT---

* * * THE TERM "PARENT OR PARENTS" CONSTRUED IN CONNECTION WITH THE REMAINDER OF THE STATUTE MAY REASONABLY BE CONSIDERED AS INCLUDING ADOPTED PARENTS AND TO AUTHORIZE PAYMENT TO SUCH PARENTS OF THE QUARTERLY ALLOWANCE OUT OF THEIR INCOMES FOR THE MAINTENANCE AND EDUCATION OF THEIR ADOPTED CHILDREN OF BOTH INDIAN AND WHITE BLOOD ADOPTED EITHER PRIOR OR SUBSEQUENT TO THE PASSAGE OF THE ACT, NO PAYMENT TO ACCRUE FOR ANY PERIOD PRIOR TO PASSAGE OF THE ACT.

AS THE INDIAN STEPFATHER IS RESPONSIBLE FOR, AND ACTUALLY SUPPORTS, HIS TWO STEPCHILDREN, THERE WOULD APPEAR TO BE NO LEGAL OBJECTION TO PAYMENT TO THE STEPFATHER FROM HIS INCOME OF THE QUARTERLY ALLOWANCE AUTHORIZED BY THE STATUTE FOR THE MAINTENANCE AND SUPPORT OF HIS TWO STEPCHILDREN IN ADDITION TO THE QUARTERLY ALLOWANCE AUTHORIZED TO BE PAID TO HIM FROM SUCH INCOME REGARDLESS OF MINOR CHILDREN.