Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1915-12-21
CHILDERS CASE IS
At LAST SETTLED
o. III. Leonard Removed as
Guardian Of Indian
Girls Estate
OPENS UP PROPERTY
Lee Clinton and Daniel b.
Horsley Are Placed
in Charge
OPENS UP PROPERTY

BY a decision handed down in the
superior court yesterday by Judge NJ.
A. Breckenridge, o. II. Leonard's APP
polntment as guardian for Nola
Childers was set aside and Lee Clln-
ton of Tulsa and Daniel b. Horsley OF
Pawhuska were declared her qualified
and acting guardians.
The question of dctermiag the
rghuu guardian for the Indian girl
has dragged through the courts OF
three counties for the past several
years Judge Brcckinrdge's decision
of yesterday win be the final disposl-
ton of the action it is thought and
will be the means of opening up two
desirable plots of Tulsa property or
eighty acres each.
one of the eighty-acre tracts is To-
Gated i'm the southwest part of the city
and there is little doubt that 1t viii
soon he plotted into dots which will
become the most desirable building
scctiCl in Tulsa. The other tract is
s,tuatcd south Of Oaklawn cemetery
near wha. is known as "Squatter-
town.
Want to Open Them Up.
II has been limited that the guard
ians will petition the court for the
right to open these two valuable
tracts and offer them for sale which
will be the means of bringing them
within the corporate limits of the city
This has been impossible due to the
litigation which has Clouded the
guardianship for the past several
years.
In his statement of findings in the
case Judge BreCRiuridge declared that
that her father was a Creek Indian
ana her mother of the Usage tribe.
She was enrolled as a member of the
Osago tribe and has ever since con-
tiuued as a member Of that tribe.
Nola Childers requested that Lee
Clinton and Daniel Horsley be ap-
pointed as her guardians while no
evidence was introduced to show that
Leonard appointment to serve in that
capacity had ever been asked.
After her fathers death the Uniteu
States Indian agent at Pawhuska took
her back to the Usage reservation and
placed her IN the custody of Moses
Cedar, brother Of her mother
Resident of Usage.
II was found that the Childers girl
had never been a resident of the Creek
nation, Creek county, or Tulsa county
and had always resided in Usage
county.
The county court of Usage county,
by orders issued in 1908 and 1908,
appointed Ret Millard as guardian of
the plaintiff and her estate and that
he continued i'm the capacity Of guard
iar until the appointment of Clinton
and UOrSley.
In 1910 the county court Of Creek
county WronEfully assumed to APP
point Ed c. Reynolds but during the
same year The district court of the
county entered a Judgment prohibiting
the county court from ever acting in
the matter Of the guardianship of the
Childers Cirl.
An order purporting to appoint
Harris II. Brenner and NJ. c. Flour
noy as guardians was issued by the
county court in February Of 1912 but
this was illegal i'm view of the viola
tion Of the ruling Of the district court
Brcuner and Flournoy, acting under
the purpOrted order Of the county
court, brought an action In prohibition
In the district court of Usage county
seeking to prohibit the county court
Of Osuge county from exercising juris-
dictiln Of the guardianship of the
plaintiff. This action was rendered
against them and they appealed to the
supreme court
Leonard Appointed.
Pending the determination of the
supreme court case both of the pur-
ported guardians resigned and on
March 27, 1914, a petition was filed
in the country court Of Creek county
asking the appointment Of o. H..
Leonard of this city as guardian of
the Girl and her estate.
At the time of Leonard s appoint
ment the girl was claimed to be but
l3 years of age. An order purpOrting
to transfer the proceeding from the
county court of Creek county to the
county court Of Tulsa county but the
order was Illegal and void.
The order was carried into effect
however and the purpOrted guardian
shin transferred to the county court
Of this county. Leonard assumed to
act as guardian and made application
to the county court of Tulsa county
for authority to sell portion of the
Childcrs girls inherited lands.
1t is understood that the finding
of Judge Breckinridse will settle the
Ions drawn out litigation concerning
the lightful guardians and there will
D., mo unnCll nv ibp defendant TO the