A-22372, APRIL 14, 1928, 7 COMP. GEN. 661

A-22372: Apr 14, 1928

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WHICH WAS ACTUALLY PAID TO AND RECEIVED BY HER FOR THE DECEMBER. WAS ENTITLED TO FOUR-NINTHS OF A SHARE THROUGH INHERITANCE ON WHICH THE INCOME IS ALLEGED TO HAVE AMOUNTED TO $663.85. WHICH WAS DULY PAID TO THE GUARDIAN. THE MINOR IS ENTITLED TO $1. PROVIDES: * * * SO LONG AS THE ACCUMULATED INCOME IS SUFFICIENT THE SECRETARY OF THE INTERIOR SHALL CAUSE TO BE PAID TO THE ADULT MEMBERS OF SAID TRIBE NOT HAVING A CERTIFICATE OF COMPETENCY $1. SO LONG AS THE ACCUMULATED INCOME OF THE PARENT OR PARENTS OF A MINOR WHO HAS NO INCOME OR WHOSE INCOME IS LESS THAN $500 PER QUARTER IS SUFFICIENT. 000 QUARTERLY PAYMENT TO ADULTS WAS AUTHORIZED "SO LONG AS THE INCOME IS SUFFICIENT" AND THE PAYMENT FOR THE BENEFIT OF MINORS WAS LIMITED TO "$500 QUARTERLY OUT OF THE INCOME OF SAID MINORS.'.

A-22372, APRIL 14, 1928, 7 COMP. GEN. 661

INDIAN AFFAIRS - INCOMES OF OSAGE MINOR INDIANS THE QUARTERLY PAYMENT TO THE GUARDIAN OF MINOR OSAGE INDIANS UNDER THE ACT OF FEBRUARY 27, 1925, 43 STAT. 1008, FOR THEIR MAINTENANCE AND EDUCATION, NOT BEING PAYABLE OUT OF ACCUMULATED INCOME, MAY NOT EXCEED IN ANY ONE QUARTER THE CURRENT INCOME OF THAT QUARTER, NOTWITHSTANDING THE MAXIMUM OF $1,000 QUARTERLY FIXED BY THE STATUTE.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE INTERIOR, APRIL 14, 1928:

THERE HAS BEEN RECEIVED YOUR LETTER OF MARCH 21, 1928, REQUESTING DECISION OF THE QUESTION PRESENTED BY THE COMMISSIONER OF INDIAN AFFAIRS WHETHER THERE MAY BE PAID TO ADALINE KEITH, GUARDIAN OF ELIZABETH BIGHEART, THE AMOUNT OF $336.15 CLAIMED BY HER AS THE DIFFERENCE BETWEEN THE $1,000 MAXIMUM QUARTERLY PAYMENT ALLOWED BY THE ACT OF FEBRUARY 27, 1925, 43 STAT. 1008, AND THE AMOUNT OF $663.85, WHICH WAS ACTUALLY PAID TO AND RECEIVED BY HER FOR THE DECEMBER, 1927, QUARTER. THE COMMISSIONER OF INDIAN AFFAIRS REPORTS THAT THE OSAGE INCOME FOR THE DECEMBER QUARTER AMOUNTED TO $1,400 PER SHARE; THAT ELIZABETH BIGHEART, AN UNALLOTTED MINOR 18 YEARS OF AGE, WAS ENTITLED TO FOUR-NINTHS OF A SHARE THROUGH INHERITANCE ON WHICH THE INCOME IS ALLEGED TO HAVE AMOUNTED TO $663.85, WHICH WAS DULY PAID TO THE GUARDIAN. THE GUARDIAN CLAIMS, HOWEVER, THAT UNDER THE ACT OF FEBRUARY 27, 1925, SUPRA, THE MINOR IS ENTITLED TO $1,000 PER QUARTER IRRESPECTIVE OF THE CURRENT INCOME FOR THAT QUARTER.

THE SAID ACT OF FEBRUARY 27, 1925, PROVIDES:

* * * SO LONG AS THE ACCUMULATED INCOME IS SUFFICIENT THE SECRETARY OF THE INTERIOR SHALL CAUSE TO BE PAID TO THE ADULT MEMBERS OF SAID TRIBE NOT HAVING A CERTIFICATE OF COMPETENCY $1,000 QUARTERLY * * *; AND SHALL CAUSE TO BE PAID FOR THE MAINTENANCE AND EDUCATION, TO EITHER ONE OF THE PARENTS OR LEGAL GUARDIANS ACTUALLY HAVING PERSONALLY IN CHARGE, ENROLLED OR UNENROLLED, MINOR MEMBER UNDER TWENTY-ONE YEARS OF AGE, AND ABOVE EIGHTEEN YEARS OF AGE, $1,000 QUARTERLY OUT OF THE INCOME OF EACH OF SAID MINORS, AND OUT OF THE INCOME OF MINORS UNDER EIGHTEEN YEARS OF AGE, $500 QUARTERLY, AND SO LONG AS THE ACCUMULATED INCOME OF THE PARENT OR PARENTS OF A MINOR WHO HAS NO INCOME OR WHOSE INCOME IS LESS THAN $500 PER QUARTER IS SUFFICIENT, SHALL CAUSE TO BE PAID TO EITHER OF SAID PARENTS HAVING THE CARE AND CUSTODY OF SUCH MINOR $500 QUARTERLY * * *

IN THE PREVIOUS ACT OF MARCH 3, 1921, 41 STAT. 1250, THE $1,000 QUARTERLY PAYMENT TO ADULTS WAS AUTHORIZED "SO LONG AS THE INCOME IS SUFFICIENT" AND THE PAYMENT FOR THE BENEFIT OF MINORS WAS LIMITED TO "$500 QUARTERLY OUT OF THE INCOME OF SAID MINORS.' IT WILL BE NOTED THAT THE WORD ,ACCUMULATED" WAS INSERTED IN THE ACT OF FEBRUARY 27, 1925, BEFORE THE WORD "INCOME" AS PERTAINING TO ADULTS, AND TO PAYMENTS FROM THE INCOME OF PARENTS FOR THE BENEFIT OF MINORS, BUT NOT AS TO THE INCOME OF MINORS. FOLLOWS, THEREFORE, THAT, WHILE AN ADULT MAY RECEIVE THE FULL $1,000 QUARTERLY PAYMENT IF HIS ACCUMULATED INCOME IS SUFFICIENT THEREFOR, EVEN THOUGH THE CURRENT QUARTERLY INCOMEDOES NOT AMOUNT TO THAT MUCH, THE QUARTERLY PAYMENT FOR THE BENEFIT OF A MINOR, FROM THE INCOME OF SAID MINOR, IS NOT AUTHORIZED TO BE PAID OUT OF ACCUMULATED INCOME AND MAY NOT, THEREFORE, EXCEED THE NET AMOUNT OF CURRENT INCOME. WITH REFERENCE TO THE SUGGESTION THAT, OWING TO THE DIMINISHING INCOMES OF THESE INDIANS, THE CURRENT INCOME OF THE MINOR MIGHT NOT BE SUFFICIENT FOR ITS NEEDS, ATTENTION IS INVITED TO THE PROVISION IN THE STATUTE AUTHORIZING THE SECRETARY OF THE INTERIOR TO EXPEND FOR THE BENEFIT OF THE MINOR THE REMAINDER OF THE MINOR'S ACCUMULATED INCOME NOT AUTHORIZED TO BE PAID TO THE GUARDIAN.

ANSWERING YOUR QUESTION SPECIFICALLY, YOU ARE ADVISED THAT NO ADDITIONAL PAYMENT SHOULD BE MADE TO ADALINE KEITH AS GUARDIAN OF ELIZABETH BIGHEART AS QUARTERLY INCOME FOR THE DECEMBER, 1927, QUARTER.