The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1922-11-29
Higher COURTS
UPHOLD indian
DECISIONS NON.
Jurisdictionlof County Courts
Recognized in Guardian
ship Matter Just
..-~ Recently.

OkMULGEE, Olla,-A judicial precc-
dent upholdng in every detail the
stand taken by County Judge Hugh
Murphy in his recent clash with the In.
dian department. i'm which the solicitor
general of the department Of the inter
ior ruled in favor Of his opponents that
the county courts orders We're super
ceded by the orders Of the department.
ID guardianship matters rotating to in
competent or restricted Indians. has
been set aside in q decision handed down
{. few days ago by the court of appeals
Of the District Of Columbia, it is learn
ed'here.
The opinion of the court was rem.
dered in case almost ident cal with
that of jackson Barnett. over whose
estate tbs fight betwep the county
court and the Indian department arose.
Local attorneys predicted that the Wash
ington case would be taken Immediately
to the supreme court Of the United
States, whose decision would be await
ed with intense interest in the section
of the country
Decision Against Fail
The decision Of the court of appeals
was given in the case of Tlbert b. Fall,
secretary of the interior, against the
United States Of America, relativa,
w. G. Lynn, guardian of Rosa Lasley,
an incompetent Usage Indian allottee." "
After reciting a history Of the case,
the opinion holds.
1T will be observed that the juris-
diction of the county court is clearly
defined as extending to the property
of deceased and Of orphan minor, insane
or incompetent allottees. While the
authority Of the secretary of the inter
ior is with equal clearness defined, they
have full power to investigate the con
duct Of the guardian TO prevent dissi-
patton of the estate, and to take all
necessary legal steps to protect the es-
tate from waste and dissipation at the
hands of the guardian"
The decision further holds
NO powori IL vested in the secretary
20 deprive the court of fun supervision
Of the estate and I'm the absence Of q
statutory requirement TO the contrary
to direct the guardian 10 invest the
funds of the incompetent IN such a man
r,r as To the court shall seem proper,
slbiect always TO investigation by the
secretary OF the superintendent The
ststJtc however IS mandatorE on the
secreIary requiring him 10 pay the in
eoine Of an incompetent member under
guardianship, to the legal guardian.
8 Further along. the decision reads:
Court Is Responsible
g"Nor is supervision Of payments to
tha guardians OF incompetents neces
..lly sine they are under the direct
Jurisdiction and control OF the court
II further reads:
"The responsibility for the proper ad
Hiinisuauon Of the wards estate is
wholly with the court"
1.-THE decision was hailed by Judg'
Murphy yesterday as a complete win
dicatlon for his stand IN the contro
versv with the Indian department an'
r. declared that Indian officials a
guskogee are liable on their bonds fo
every dollar they pay TO incompetent In
dams, Without tn sanction Of the probate
court, and over the head Of the guar
dian.
The Washington decision was obtain
cd by George NJ. Swift, an attorney o
tbs city. who. with J. w Bellar an'
Conrad H. Syme was the attorneys Il
The case for the defendants.
The department officials ut Muskoge
scme time ago declared that they woul
ray jackson Banetts money over I
the Indian without the sanction OF IN
court, and over the head Of Carl j
O'Hornett. his legal guardian ana
was in this matter that Judge Murph'
teok his stand.