A-13752, APRIL 13, 1926, 5 COMP. GEN. 821

A-13752: Apr 13, 1926

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

THE SECRETARY OF THE INTERIOR IS AUTHORIZED TO EXPEND OUT OF THE INCOME OF OSAGE INDIANS NOT HAVING CERTIFICATES OF COMPETENCY SUCH AMOUNTS AS MAY BE DEEMED NECESSARY FOR THEIR BENEFIT. 1926: I HAVE YOUR LETTER OF MARCH 29. THE CONCRETE CASE IS BRIEFLY THIS. JOHN KENNY IS A FULL-BLOOD ALLOTTEE NO. 257. THROUGH INHERITANCE IS THE OWNER OF 2 1/5 SHARES. HE IS MARRIED TO A WHITE WOMAN. WHO HAS NO INCOME OF HER OWN AND THEY HAVE ONE CHILD. A CERTIFICATE OF COMPETENCY WAS ISSUED TO THIS ALLOTTEE AND HE DREW HIS ENTIRE INCOME. WHEN BY VIRTUE OF THE AUTHORITY CONTAINED IN SECTION 4 OF THE ACT OF FEBRUARY 27 HIS CERTIFICATE WAS CANCELED AND SINCE THAT DATE THIS ALLOTTEE HAS BEEN PAID ONLY $4.

A-13752, APRIL 13, 1926, 5 COMP. GEN. 821

OSAGE INDIANS - SUPPORT OF WHITE WIVES UNDER THE PROVISIONS OF THE ACT OF FEBRUARY 27, 1925, 43 STAT. 1008, THE SECRETARY OF THE INTERIOR IS AUTHORIZED TO EXPEND OUT OF THE INCOME OF OSAGE INDIANS NOT HAVING CERTIFICATES OF COMPETENCY SUCH AMOUNTS AS MAY BE DEEMED NECESSARY FOR THEIR BENEFIT, INCLUDING THE SUPPORT OF A WHITE WIFE, SUBJECT TO SUCH RESTRICTIONS, RULES, AND REGULATIONS AS MAY BE PRESCRIBED.

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

I HAVE YOUR LETTER OF MARCH 29, 1926, REQUESTING DECISION WHETHER JOHN KENNY, A FULL-BLOOD OSAGE INDIAN WHOSE CERTIFICATE OF COMPETENCY HAS BEEN CANCELED, MAY BE PAID AN ALLOWANCE, TO BE FIXED BY REGULATION, FOR THE SUPPORT OF HIS WHITE WIFE, IN ADDITION TO THE QUARTERLY ALLOWANCE FOR HIMSELF AND HIS MINOR CHILD.

YOU STATE THE FACTS AS FOLLOWS:

THERE HAS NOW BEEN PRESENTED TO THIS OFFICE THE QUESTION WHETHER THERE MAY BE ALLOWED FROM THE FUNDS OF THE INDIAN HUSBAND AN ADDITIONAL AMOUNT FOR THE SUPPORT OF HIS WHITE WIFE. THE CONCRETE CASE IS BRIEFLY THIS. JOHN KENNY IS A FULL-BLOOD ALLOTTEE NO. 257, AND THROUGH INHERITANCE IS THE OWNER OF 2 1/5 SHARES. ON THE BASIS OF THE PER CAPITA INCOME FOR 1925 THIS ALLOTTEE HAD AN INCOME OF APPROXIMATELY $30,000. HE IS MARRIED TO A WHITE WOMAN, WHO HAS NO INCOME OF HER OWN AND THEY HAVE ONE CHILD. MARCH 24, 1923, A CERTIFICATE OF COMPETENCY WAS ISSUED TO THIS ALLOTTEE AND HE DREW HIS ENTIRE INCOME, UNTIL AUGUST 1, 1925, WHEN BY VIRTUE OF THE AUTHORITY CONTAINED IN SECTION 4 OF THE ACT OF FEBRUARY 27 HIS CERTIFICATE WAS CANCELED AND SINCE THAT DATE THIS ALLOTTEE HAS BEEN PAID ONLY $4,000 A YEAR PLUS THE ALLOWANCE AUTHORIZED BY LAW FOR HIS MINOR CHILD.

THE ALLOTTEE STATES THAT BECAUSE OF THE INCREASED COST OF LIVING HE IS NOT ABLE TO PROPERLY SUPPORT HIMSELF AND HIS WIFE ON $4,000, AND HE ASKS THAT AN ADDITIONAL ALLOWANCE BE MADE FROM HIS FUNDS FOR THE SUPPORT OF HIS WIFE.

SECTION 4 OF THE ACT OF FEBRUARY 27, 1925, 43 STAT. 1010, PROVIDES THAT THE INCOME OF OSAGE INDIANS WHOSE CERTIFICATES OF COMPETENCY HAVE BEEN REVOKED SHALL BE SUBJECT TO THE SAME SUPERVISION AND INVESTMENT AS MEMBERS OF THE TRIBE NOT HAVING CERTIFICATES OF COMPETENCY TO THE SAME EXTENT AS IF THE CERTIFICATES OF COMPETENCY HAD NEVER BEEN GRANTED.

SECTION 1 OF THE STATUTE, 43 STAT. 1008, EXPRESSLY AUTHORIZES THE SECRETARY OF THE INTERIOR TO PAY TO THE OSAGE INDIANS NOT HAVING CERTIFICATES OF COMPETENCY $1,000 QUARTERLY SO LONG AS THEIR ACCUMULATED INCOME MAY BE SUFFICIENT. THE ACT ALSO AUTHORIZES THE PAYMENT OF AN ALLOWANCE TO THE PARENTS OF $500 QUARTERLY FOR THE MAINTENANCE AND EDUCATION OF EACH MINOR CHILD UNDER 18 YEARS OF AGE OUT OF THE INCOME OF THE CHILD, OR IF NOT SUFFICIENT, OUT OF THE INCOME OF THE PARENT. THE ACT DOES NOT EXPRESSLY AUTHORIZE PAYMENT OUT OF THE INCOME OF THE INDIAN OF AN ADDITIONAL ALLOWANCE FOR THE SUPPORT OF HIS WIFE. WHERE BOTH THE HUSBAND AND WIFE ARE MEMBERS OF THE OSAGE TRIBE OF INDIANS AND DO NOT HAVE CERTIFICATES OF COMPETENCY, EACH COULD BE PAID THE ALLOWANCE EXPRESSLY AUTHORIZED BY THE STATUTE. BUT WHERE ONE OR THE OTHER IS OF WHITE BLOOD OTHER PROVISIONS OF THE STATUTE ARE FOR CONSIDERATION. IT IS PROVIDED AS FOLLOWS:

* * * THE SECRETARY OF THE INTERIOR SHALL INVEST THE REMAINDER * * * 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 * * *:

UNDER THIS PROVISION OF THE LAW, THE SECRETARY OF THE INTERIOR IS AUTHORIZED TO EXPEND FOR THE BENEFIT OF THE INDIAN--- WHICH WOULD INCLUDE THE SUPPORT OF HIS WHITE WIFE--- OUT OF THE INCOME OF THE INDIAN SUCH AMOUNT AS MAY BE DEEMED NECESSARY, AND SUBJECT TO SUCH RESTRICTIONS, RULES, AND REGULATIONS AS MAY BE PRESCRIBED.