The Morning Tulsa daily world. [volume] (Tulsa, Okla.) 1919-1927, 1921-12-15
CONFLICTS WITH
FEDERAL RULING
Order of County Court to
Bring Test of Law
Interpretation
RIGHT OF GUARDIANS
Secretary Of Interior Sued
for Payment of Moneys
Withheld

Special TO Tho World.
FAIRFAX, Dec. 14.--One of the
most interesting and far-reaehing
movements in Usage county affairs
was begun Saturday, November 26.
when County Judge 70. Is. Sturgell
issued an order authorizing w. O.
Lynn, guardian OF Rosa Lasley, an
Incompetent restricted Usage In
dian allottee. to use the securities OF
her estate with which TO prosecute
a suit against the secretary OF the
interior TO compel the payment of
the September, 1921, quarterly pay
ment and future payments due MIR.
Lynn as guardian.
Tho litigation arises over the con-
struction and Interpretation OF sec
ton of the 1921 Usage extension
act OF congress. The secretary OF
the interior, acting for n, depart
mental officials, contends that the
extension act imposes upon him the
authority and duty 10 supervise the
transactions OF legal guardians OF
restricted Usage Indians, and that
said act requires such guardians to
invest what Is known as surplus
funds received since October /. 1890,
in excess of $1,000 per quarter. for
adult lndian5 In the kind OF securi-
ties designated In said extension act,
and that as a means OF coerclng
such investments. that the secretary
OF the interior has authority to with
hold payments from guardians.
Mr.. Lynn. contending that his
guardianship transactions are sub
feet only to the supervision of the
county court, and that as such guar
dian, Il Is his duty to invest guar
danship funds from all sources in
excess of the amount reasonably
necessary for the support of his
ward in the class of securities pro-
yided b. the laws of Oklahoma.
made application to the county court
IN August for authority to invest n
certain amount of funds of said
estate in certain Usage county real
estate security at per cent interest,
which application was resisted By
thu Usage Indian agency, and maze
loan OF funds received from the
indian agency since March 8, 1921,
Of the estate OF Rosa Laslcy. over
the objection of the secretary of the
interior and the Usage Indian agency
and the subsequent payments due
Mr.. Lynn as guardian have been
withheld and the secretary OF the
~ 40 1idiiilOht 10 tA-
penditures for the support of Rosa
Lasley OF her funds independent OF
said guardian.
The case Is of peculiar interest
because 1t is calculated to determine
whether or not the Usage Indians
who have legal guardians are sub
ject TO the same restrictions and
supervision by the secretary of the
Interior as restricted Usage Indians
who have no legal guardians
Attorney ID. l.. johnson of Fair
fax, the general attorney for Mr..
Lynn, will be in charge OF the case,
but It is understood that other
counsel will he associated in the
case, and that number of the
guardians and Usage Indians will
contribute to the expenses Of the
case out Of their interest in the re-
suit OF the proceeding
1t II obvious that II the proceed
ing results favorably to Mr.. Lynn
II viii have the effect of releasing
great amount Of the Usage incomes
Tor Investment In Usage county, and
at the same time win be the means
OF enabling Usage Indians to reap
Greater rewards from their invest
ments.
Mr., johnson will depart for
Washington. d. c.. about the middle
OF december for the purpose OF I'LL |
ing the suit.