A-15737, OCTOBER 2, 1926, 6 COMP. GEN. 230

A-15737: Oct 2, 1926

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1926: I HAVE YOUR LETTER OF SEPTEMBER 15. WITH REQUEST FOR DECISION AS TO WHETHER PAYMENT THEREON IS AUTHORIZED. STATED: ATTACHED HERETO YOU WILL FIND A LETTER FROM THE SUPERINTENDENT OF THE OSAGE INDIAN AGENCY. WHICH UNDER THE LAWS OF OKLAHOMA IS THE PROBATE COURT. THE SUPERINTENDENT DESIRES THE MATTER TO BE PRESENTED TO THE COMPTROLLER GENERAL FOR AN OPINION AS TO WHETHER SUCH STIPULATION IS VALID AS AFFECTING TRIBAL FUNDS BEFORE ANY PAYMENT IS MADE TO MRS. OR IS IN ANY WAY ENTITLED TO HAVE. THE RECORDS SHOW THAT SAM ROACH IS AN OSAGE INDIAN WHO HAS RECEIVED A CERTIFICATE OF COMPETENCY. THE STIPULATION ENTERED INTO BY HIM AND THE MOTHER OF THE DECEASED MINOR ALLOTTEE WAS FOR THE PURPOSE OF EFFECTING THE FINAL DISPOSITION OF THE ESTATE.

A-15737, OCTOBER 2, 1926, 6 COMP. GEN. 230

OSAGE INDIANS - ESTATES OF DECEDENTS UPON THE DEATH OF A MINOR OSAGE INDIAN ALLOTTEE, UNMARRIED AND WITHOUT ISSUE, LEAVING AS HIS ONLY HEIR HIS FATHER, A COMPETENT OSAGE INDIAN, AND HIS MOTHER, A WHITE WOMAN, THE PAYMENT OF THE TRUST FUNDS TO THE CREDIT OF THE DECEASED ALLOTTEE MAY BE MADE IN ACCORDANCE WITH A STIPULATION ENTERED INTO BY THE FATHER AND MOTHER AND RATIFIED, APPROVED, AND CONFIRMED BY THE COURT HAVING JURISDICTION OF THE DECEASED ALLOTTEE'S ESTATE.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE INTERIOR, OCTOBER 2, 1926:

I HAVE YOUR LETTER OF SEPTEMBER 15, 1926, SUBMITTING, WITH REQUEST FOR DECISION AS TO WHETHER PAYMENT THEREON IS AUTHORIZED, APPLICATION OF MRS. GOLDIE M. ROACH FOR ALL OF THE TRUST FUNDS IN THE TREASURY OF THE UNITED STATES TO THE CREDIT OF HER SON, MIKLE J. ROACH, A DECEASED OSAGE INDIAN ALLOTTEE.

WITH REFERENCE TO THE MATTER THE COMMISSIONER OF INDIAN AFFAIRS, IN LETTER OF SEPTEMBER 11, 1926, TO YOU, STATED:

ATTACHED HERETO YOU WILL FIND A LETTER FROM THE SUPERINTENDENT OF THE OSAGE INDIAN AGENCY, PAWHUSKA, OKLAHOMA, SUBMITTING THE APPLICATION OF GOLDIE M. ROACH, A WHITE WOMAN, TO RECEIVE THE TRUST FUNDS IN THE TREASURY OF THE UNITED STATES TO THE CREDIT OF MIKLE J. ROACH.

THE SUPERINTENDENT STATES THAT MIKLE J. ROACH DIED ON THE 16TH DAY OF MAY, 1924, A MINOR, UNMARRIED, AND WITHOUT ISSUE, AND IN ACCORDANCE WITH THE LAWS OF THE STATE OF OKLAHOMA HIS HEIRS WOULD BE HIS FATHER, SAMUEL ROACH, AND HIS MOTHER, GOLDIE M. ROACH, EACH ENTITLED TO ONE HALF OF HIS ESTATE. ON APRIL 3, 1926, SAMUEL ROACH, FATHER OF HIS ALLOTTEE AND GOLDIE M. ROACH, THE MOTHER, ENTERED INTO A STIPULATION WHEREBY SAMUEL ROACH DISCLAIMS ANY INTEREST IN AND TO THE TRUST FUNDS TO THE CREDIT OF MIKLE J. ROACH ON DEPOSIT IN THE TREASURY OF THE UNITED STATES. THIS STIPULATION HAS BEEN APPROVED BY THE COUNTY COURT OF OSAGE COUNTY, WHICH UNDER THE LAWS OF OKLAHOMA IS THE PROBATE COURT. IN VIEW OF THIS STIPULATION GOLDIE M. ROACH HAS APPLIED FOR THESE FUNDS; AND THE SUPERINTENDENT DESIRES THE MATTER TO BE PRESENTED TO THE COMPTROLLER GENERAL FOR AN OPINION AS TO WHETHER SUCH STIPULATION IS VALID AS AFFECTING TRIBAL FUNDS BEFORE ANY PAYMENT IS MADE TO MRS. ROACH.

THE STIPULATION REFERRED TO PURPORTS TO PROVIDE FOR THE DISPOSITION OF THE ENTIRE ESTATE OF THE DECEASED SON, THE PARAGRAPH WITH REFERENCE TO THE MATTER HERE UNDER CONSIDERATION PROVIDING:

THAT THE SAID SAM ROACH HEREBY SPECIFICALLY DISCLAIMS ANY INTEREST IN AND TO THE TRUST FUNDS OF MIKLE J. ROACH, DECEASED, AMOUNTING TO THE SUM OF $ ------------- NOW ON DEPOSIT IN THE UNITED STATES TREASURY TO THE CREDIT OF MIKLE J. ROACH, DECEASED, AND HEREBY ASSIGNS, TRANSFERS, AND SETS OVER TO THE SAID GOLDIE M. ROACH ALL OF HIS INTEREST WHICH HE CLAIMS, OR IS IN ANY WAY ENTITLED TO HAVE.

THE RECORDS SHOW THAT SAM ROACH IS AN OSAGE INDIAN WHO HAS RECEIVED A CERTIFICATE OF COMPETENCY, AND THE STIPULATION ENTERED INTO BY HIM AND THE MOTHER OF THE DECEASED MINOR ALLOTTEE WAS FOR THE PURPOSE OF EFFECTING THE FINAL DISPOSITION OF THE ESTATE, THEY BEING THE SOLE HEIRS AND DISTRIBUTEES UNDER THE PROVISIONS OF SECTION 6, ACT OF JUNE 28, 1906, 34 STAT. 539.

SECTION 3 OF THE ACT OF APRIL 18, 1912, 37 STAT. 86, PROVIDES:

THAT THE PROPERTY OF DECEASED AND OF ORPHAN MINOR * * * ALLOTTEES OF THE OSAGE TRIBE * * * SHALL, IN PROBATE MATTERS, BE SUBJECT TO THE JURISDICTION OF THE COUNTY COURTS OF THE STATE OF OKLAHOMA, BUT A COPY OF ALL PAPERS FILED IN THE COUNTY COURT SHALL BE SERVED ON THE SUPERINTENDENT OF THE OSAGE AGENCY AT THE TIME OF FILING, AND SAID SUPERINTENDENT IS AUTHORIZED, WHENEVER THE INTERESTS OF THE ALLOTTEE REQUIRE, TO APPEAR IN THE COUNTY COURT FOR THE PROTECTION OF THE INTERESTS OF THE ALLOTTEE. * *

SECTION 6 OF SAID ACT PROVIDES:

THAT FROM AND AFTER THE APPROVAL OF THIS ACT THE LANDS OF DECEASED OSAGE ALLOTTEES, UNLESS THE HEIRS AGREE TO PARTITION THE SAME, MAY BE PARTITIONED OR SOLD UPON PROPER ORDER OF ANY COURT OF COMPETENT JURISDICTION IN ACCORDANCE WITH THE LAWS OF THE STATE OF OKLAHOMA: * * * WHEN THE HEIRS OF SUCH DECEASED ALLOTTEES HAVE CERTIFICATES OF COMPETENCY OR ARE NOT MEMBERS OF THE TRIBE, THE RESTRICTIONS ON ALIENATION ARE HEREBY REMOVED. IF SOME OF THE HEIRS ARE COMPETENT AND OTHERS HAVE NOT CERTIFICATES OF COMPETENCY, THE PROCEEDS OF SUCH PART OF THE SALE AS THE COMPETENT HEIRS SHALL BE ENTITLED TO SHALL BE PAID TO THEM WITHOUT THE INTERVENTION OF AN ADMINISTRATOR. * * * THE SAME DISPOSITION AS HEREIN PROVIDED FOR WITH REFERENCE TO THE PROCEEDS OF INHERITED LANDS SOLD SHALL BE MADE OF THE MONEY IN THE TREASURY OF THE UNITED STATES TO THE CREDIT OF DECEASED OSAGE ALLOTTEES.

THE STIPULATION INVOLVED IN THIS CASE, WHICH IN EFFECT PARTITIONED LAND BELONGING TO THE DECEASED ALLOTTEE AS WELL AS MAKING THE DISTRIBUTION OF THE FUNDS HERE IN QUESTION TO THE CREDIT OF THE MINOR ALLOTTEE IN THE TREASURY, APPEARS TO HAVE BEEN IN ACCORDANCE WITH THE ABOVE-QUOTED PROVISIONS OF LAW, AND BEING RATIFIED, APPROVED, AND CONFIRMED BY THE COURT HAVING JURISDICTION OF THE DECEASED ALLOTTEE'S ESTATE, AND THE SAID COURT HAVING ORDERED, ADJUDGED, AND DECREED DISTRIBUTION OF SAID ESTATE IN ACCORDANCE WITH SUCH STIPULATION, NO REASON APPEARS WHY DISTRIBUTION SHOULD NOT BE MADE PURSUANT THERETO.

YOU ARE ACCORDINGLY ADVISED THAT PAYMENT OF THE FUNDS IN QUESTION IN ACCORDANCE WITH SAID ORDER, JUDGMENT, AND DECREE OF THE COURT IS AUTHORIZED.