A-13531, APRIL 26, 1926, 5 COMP. GEN. 861

A-13531: Apr 26, 1926

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THE SECRETARY OF THE INTERIOR SHALL DETERMINE THAT SUCH PAYMENTS ARE FOR THE BENEFIT OF THE INDIAN. - THAT IS TO SAY. IN CASE THE SECRETARY OF THE INTERIOR FINDS THAT SUCH ADULTS ARE WASTING OR SQUANDERING SAID INCOME. THAT SUCH MEMBER IS WASTING OR SQUANDERING HIS INCOME. WHERE THE MEMBER IS A RESIDENT OF OKLAHOMA SUCH INVESTMENT SHALL BE IN LOANS ON OKLAHOMA REAL ESTATE. REGULATIONS AS HE MAY PRESCRIBE: * * * A CLAIM UNDER A DECREE FOR ALIMONY IS NOT A CLAIM UNDER A "CONTRACT FOR DEBT" WITHIN THE MEANING OF SECTION 6 OF THE ACT OF FEBRUARY 27. UNDER THE GENERAL AUTHORITY GIVEN TO THE SECRETARY TO EXPEND THE SURPLUS INCOME OF A RESTRICTED OSAGE INDIAN "FOR THE BENEFIT OF SUCH MEMBER" I HAVE TO ADVISE THAT THE USE OR SUCH SURPLUS TO PAY ALIMONY IS AUTHORIZED IF AND WHEN THE SECRETARY OF THE INTERIOR SHALL DETERMINE THAT SUCH PAYMENTS ARE FOR THE BENEFIT OF THE INDIAN.

A-13531, APRIL 26, 1926, 5 COMP. GEN. 861

OSAGE INDIANS - PAYMENT OF ALIMONY THE SURPLUS INCOME OF AN OSAGE INDIAN NOT HAVING A CERTIFICATE OF COMPETENCY (INCOME IN EXCESS OF THE FIXED QUARTERLY ALLOWANCE AUTHORIZED TO BE PAID TO SUCH INDIAN), MAY BE USED TO PAY ALIMONY WHICH A COURT OF COMPETENT JURISDICTION HAS DIRECTED THE INDIAN TO PAY IF, AND WHEN, THE SECRETARY OF THE INTERIOR SHALL DETERMINE THAT SUCH PAYMENTS ARE FOR THE BENEFIT OF THE INDIAN.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE INTERIOR, APRIL 26, 1926: SURPLUS INCOME OF AN OSAGE INDIAN NOT HAVING A CERTIFICATE OF COMPETENCY--- THAT IS TO SAY, INCOME IN EXCESS OF THE FIXED QUARTERLY ALLOWANCE AUTHORIZED TO BE PAID TO SUCH INDIAN--- MAY BE USED TO PAY ALIMONY WHICH A COURT OF COMPETENT JURISDICTION HAS DIRECTED THE INDIAN TO PAY.

SECTION 1 OF THE ACT OF FEBRUARY 27, 1925, 43 STAT. 1009, PROVIDES:

* * * ALL PAYMENTS TO ADULTS NOT HAVING CERTIFICATES OF COMPETENCY, INCLUDING AMOUNTS PAID FOR EACH MINOR, SHALL, IN CASE THE SECRETARY OF THE INTERIOR FINDS THAT SUCH ADULTS ARE WASTING OR SQUANDERING SAID INCOME, BE SUBJECT TO THE SUPERVISION OF THE SUPERINTENDENT OF THE OSAGE AGENCY: PROVIDED, THAT IF AN ADULT MEMBER, NOT HAVING A CERTIFICATE OF COMPETENCY SO DESIRES, HIS ENTIRE INCOME ACCUMULATING IN THE FUTURE FROM THE SOURCES HEREIN SPECIFIED MAY BE PAID TO HIM WITHOUT SUPERVISION,UNLESS THE SECRETARY OF THE INTERIOR SHALL FIND, AFTER NOTICE AND HEARING, THAT SUCH MEMBER IS WASTING OR SQUANDERING HIS INCOME, IN WHICH EVENT THE SECRETARY OF THE INTERIOR SHALL PAY TO SUCH MEMBER ONLY THE AMOUNTS HEREINBEFORE SPECIFIED TO BE PAID TO ADULT MEMBERS NOT HAVING CERTIFICATES OF COMPETENCY. THE SECRETARY OF THE INTERIOR SHALL INVEST THE REMAINDER, AFTER PAYING THE TAXES OF SUCH MEMBERS, IN UNITED STATES BONDS, OKLAHOMA STATE BONDS, REAL ESTATE, FIRST MORTGAGE REAL ESTATE LOANS NOT TO EXCEED 50 PERCENTUM OF THE APPRAISED VALUE OF SUCH REAL ESTATE, AND WHERE THE MEMBER IS A RESIDENT OF OKLAHOMA SUCH INVESTMENT SHALL BE IN LOANS ON OKLAHOMA REAL ESTATE, STOCKS IN OKLAHOMA BUILDING AND LOAN ASSOCIATIONS, LIVE STOCK, OR DEPOSIT THE SAME IN BANKS IN OKLAHOMA, OR EXPEND THE SAME FOR THE BENEFIT OF SUCH MEMBER, SUCH EXPENDITURES, INVESTMENTS, AND DEPOSITS TO BE MADE UNDER SUCH RESTRICTIONS, RULES, AND REGULATIONS AS HE MAY PRESCRIBE: * * *

A CLAIM UNDER A DECREE FOR ALIMONY IS NOT A CLAIM UNDER A "CONTRACT FOR DEBT" WITHIN THE MEANING OF SECTION 6 OF THE ACT OF FEBRUARY 27, 1925. NEITHER DOES IT REPRESENT AN INDEBTEDNESS INCURRED BY "UNLAWFUL ACTS OF CARELESSNESS OR NEGLIGENCE" SUCH AS SAID SECTION AUTHORIZES THE SECRETARY OF THE INTERIOR, IN HIS DISCRETION, TO PAY OUT OF THE SURPLUS INCOME OF THE INDIAN. BUT UNDER THE GENERAL AUTHORITY GIVEN TO THE SECRETARY TO EXPEND THE SURPLUS INCOME OF A RESTRICTED OSAGE INDIAN "FOR THE BENEFIT OF SUCH MEMBER" I HAVE TO ADVISE THAT THE USE OR SUCH SURPLUS TO PAY ALIMONY IS AUTHORIZED IF AND WHEN THE SECRETARY OF THE INTERIOR SHALL DETERMINE THAT SUCH PAYMENTS ARE FOR THE BENEFIT OF THE INDIAN. SEE 5 COMP. GEN. 602.