Work v. United States Lynn

• Decision Date: 17 November 1924
• Docket Number: No. 17,17
• Citation: 69 L.Ed. 223,266 U.S. 161,45 S.Ct. 39
• Parties: WORK, Secretary of the Interior, v. UNITED STATES ex rel. LYNN
• Court: U.S. Supreme Court

266 U.S. 161

45 S.Ct. 39

69 L.Ed. 223

WORK, Secretary of the Interior,

v UNITED STATES ex rel. LYNN.

No. 17.

Argued Jan. 16, 17, 1924.

Decided Nov. 17, 1924.

The Attorney General and Mr. C. Edward Wright, of Washington, D. C., for plaintiff in error.

Mr. Conrad H. Syme, of Washington, D. C., for defendant in error.

Mr. Justice VAN DEVANTER delivered the opinion of the Court.

This was a petition, in the Supreme Court of the District of Columbia, for a writ of mandamus to compel the Secretary of the Interior to pay to the relator as guardian of Rosa Lasley, an incompetent Osage Indian, her share of certain tribal income. The court sustained a demurrer to the answer, and on the defendant's declining to plead further, a judgment was entered awarding the writ. The judgment was affirmed by the Court of Appeals (52 App. D. C. 155, 285 F. 889), and the case is here on writ of error.

Rosa Lasley is an adult member of the Osage Tribe, enrolled as such, and entitled to share in the tribal income. She never was given a certificate of competency by the Secretary of the Interior. In 1919 the county court of Osage county, Okl., adjudged her an incompetent person and appointed the relator her guardian. Up to the end of September, 1921, her share of the tribal income was regularly paid to the guardian, and he duly accounted therefor to the county court. But the defendant refused to make further payments unless the guardian would agree to invest the moneys in United States bonds or Oklahoma state, county, or school bonds, or to place the same at interest on time deposits in Oklahoma banks. This the guardian declined to do, because he believed the power to direct and control the investment of the moneys, after they were paid to him, was in the county court. Early in 1922, when the petition was filed, the income due to the ward and standing to her credit in the public accounts with the Osages was approximately $9,000 and further sums were becoming due and being so credited.

In his answer the defendant justified his refusal to pay on the ground that in administering the Act of March 3, 1921, c. 120, § 4, 41 Stat. 1249, relating to such payments, he had construed it as meaning that in the case of an incompetent adult having a legal guardian 'all income available, including any amount in excess of $1,000 quarterly, should be paid to the guardian,' but that the payment should, or might in the defendant's discretion, be made subject to a restriction that the moneys be invested or deposited as already indicated; that he had given effect to that construction by adopting and promulgating regulations embodying such a restriction, and that the guardian had declined to assent to it.

Whether the construction so put on the act is right is the question for decision. Other prior and related acts have a bearing on the question.

The Osage Tribe was settled many years ago on a reservation covering all or much of what is now Osage county, Okl. See chapter 310, 17 Stat. 228.

By an Act of June 28, 1906, c. 3572, 34 Stat. 539, Congress adopted a plan for distributing the lands and funds of the tribe among its members. Most of the lands were to be allotted in severalty, partly as homesteads and partly as surplus land; and the remaining lands, including some town lots and buildings, were to be sold for the benefit of the tribe. The oil, gas, coal, and other minerals were to be reserved to the tribe for 25 years and leased during that period on royalties. Certain tribal funds were to be held in trust by the United States for 25 years and then paid to the members. In the meantime, and as soon as practicable, these funds were to be segregated and placed to the credit of the individual members on the basis of a pro rata division. The amounts credited were to draw interest and the interest was to be paid to the members quarterly. The interest due to minors was to be paid to the parents, but where the Commissioner of Indian Affairs became satisfied that the parents were misusing or squandering the money further payment might be withheld, and where the parents were deceased payment was to be made to a legal guardian. The proceeds from the lands, town lots, and buildings that were to be sold, together with the royalties from oil, gas, coal, and other mineral leases, and any money received from grazing privileges, were to be placed in the Treasury of the United States to the credit of the individual members and, subject to deductions not material here, were to be paid to them in the manner at the times the interest on the trust funds was to be paid. For a period of 25 years all members were to be regarded as without capacity to sell or dispose of the lands allotted to them, save where adults were given certificates of competency by the Secretary of the Interior on his finding, after investigation, that they were fully capable of caring for their own affairs. On the issue of such a certificate the lands of the member other than the homestead were to be taxable, and he was to have the right to manage, control and dispose of all excepting the homestead.

Some changes in the act were effected by a joint resolution of February 27, 1909 (35 Stat. 1167), and an act of March 3 of the same year (chapter 256, 35 Stat. 778), but they are without present bearing.

By an Act of April 18, 1912, c. 83, 37 Stat. 86, Congress altered the first act in some respects and supplemented it in others. The only provision then adopted and material here expressly subjects to the jurisdiction of the local county courts the estates of Osages who are deceased or are orphan minors, insane or otherwise incompetent. That provision is as follows:

'Sec. 3. That the property of deceased and of orphan minor, insane, or other incompetent allottees of the Osage Tribe, such incompetency being determined by the laws of the state of Oklahoma, which are hereby extended for such purpose to the allottees of said 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. The super intendent of the Osage Agency or the Secretary of the Interior, whenever he deems the same necessary, may investigate the conduct of executors, administrators, and guardians or other persons having in charge the estate of any deceased allottee or of minors or persons incompetent under the laws of Oklahoma, and whenever he shall be of opinion that the estate is in any manner being dissipated or wasted or is being permitted to deteriorate in value by reason of the negligence, carelessness, or incompetency of the guardian or other person in charge of the estate, the superintendent of the Osage Agency or the Secretary of the Interior or his representative shall have power, and it shall be his...