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About Klamath tribune. (Chiloquin, Or.) 1956-1961 | View Entire Issue (Nov. 1, 1956)
November, 1956 KLAMATH TRIBUNE Page 3 PUBLIC LAW 587 INFORMATION GIVEN; QUESTIONS RAISED BY TRIBAL MEMBERS Following are some of the ques tions concerning public law 587, which have been asked most often by members of the Klamath Tribe with the answers to those questions. GENERAL 1. Question: If a member of the tribe elects to withdraw under the termination law or decides to sell his allotted lands, must he leave the reservation ? Answer: No, as a citizen of the United States he is free to live anywhere he chooses. However, if he sells his land to another person, he can no longer live on those lands without the new owner's permission. 2. Question: Under Public Law 587, at what point will cash pay ment be made to those who wish to withdraw from the tribe? Answer: Under section 5 a (3), it is provided that whenever funds from sale of tribal property have accumulated in the amount of $200,000 or more, such funds shall be distributed equally to the mem bers electing to withdraw. There after distribution shall be made anv time such funds total $200, 000 or more until all the property set aside for sale has been sold and the funds distributed. 3. Question: Will I harm my position on the Klamath roll if I receive a termination settlement through membership in a coastal (or other) tribe? Answer: Yes, if an Indian were enrolled in two or more tribes from which benefits would be received he would be required to give up his interest in all but one tribe. A letter stating his desire and directed to Hurcau of Indian Affairs, Portland Area Office should be enough to accomplish this. 4. Question: At present the Hu rcau of Indian Affairs is building several new roads on the Klamath Reservation. Are tribal funds being used to pay the cost? Answer: No, tribal funds arc not involved for those roads being built under an agreement with Klamath County. These are being built from funds appropriated under the Federal Aid Highway Act of 1954. and upon termina tion, their maintenance will be come the responsibility of Klam ath County. 5. Question: When will the 100 head free grazing right on tribal grazing units end? Answer: The 100 head free graz ing right will continue until the lands arc sold under provisions of P. L. 587. GUARDIANSHIPS 1. Question: What is section 15 of Public Law 587 and what is its purpose? Answer: Section 15 relates to guardianships for tribal members who need guardians. Section 15 was included to make sure that the money and property of minors and persons adjudged to be men tally incompetent by a state court are protected. Section 15 also deals with persons who for other reasons need help in handling their money and other property. 2. Question: Were guardianship laws established for the Klamath Indians only? Answer:, No, Section 15 conforms to existing laws in Oregon re quiring that guardianships be es tablished to protect the property of minors and others in need of protection. The property of any child in Oregon, Indian or non Indian, can not be handled by another person without the es tablishment of a guardianship. 3. Question: What are the steps in setting up a guardianship in Oregon ? Answer: Generally, a lawyer should be consulted for the pur pose of preparing the necessary papers. The person seeking guard ianship can choose any lawyer he wishes. The following papers must then be submitted to the court : A. Petition for appointment of guardian, which includes the reasons a guardian is needed. B. Order of appointment, in which the judge names the guard ian and sets tip the amount of the guardian's bond. C. Letters of guardianship from the clerk of the court showing the court's approval of the guard ianship and the adequacy of the bond. D. Bond of guardian is estab lished in an amount determined by the court. A bond is necessary to protect the child's property. 4. Question: Who is eligible to petition the court for guardian ship ? Answer: Any adult who wishes to do so can petition for guard ianship. 5. Question: Who is given pre ference in the naming of a guard ian ? Answer: Under Oregon law ,thc father, mother, adult brother, adult sister, or other near rela tive in the order named. If over 14 yrs. of age, the minor may nominate a guardian, who need not be a relative. 6. Question: who pays for the bond and the establishment of guardianship? Answer: The payment of all legit imate expenses is made from the assets of the minor. These ex penses must be approved by the court. 7. Question: How much docs a guardianship cost? Answer: The cost depends on the amount of money in the estate, and on the fee schedule used by the attorney. 8. Question: Will Indian-guardianships cost more than non-Indian guardianships? Answer: Apparently yes. The Klamath County Bar Association has set up a special fee schedule for Indian guardianships. According to Klamath Mar members, this special fee schedule was established because of the extra work involved in Indian cases. More detailed information re garding guardianship costs can be obtained from the Klamath Information and Kducation Office, or from any reputable attorney. 0 INDIAN CLAIMS COMMISSION GETS ADDED LIFE By Public Law 7n7, signed by the President on July 21, 1950, the 81th Congress extended the Indian Claims Commission termi nation date to April 10. 12. The Claims Commission had been scheduled to expire this year. Since it's establishment in VJ-Uk the Commission has had H52 claims filed with it, and has set tled 102 of these. Claim No. 1(X), by the Klamath Tribe, is one of those claims still pending. In extending the Claims Com mission Act. Congress rejected an amendment that would have pro hibited tribes from basing claims on so-called "original Indian title." The Department of In terior disapproved of this amend ment, even though total claims based on original title amounted to billions of dollars. Under Sec retary D'Kwart pointed out in a report to Congress that many Indian Tribes have gone to con siderable expense to prepare claims based on original title, and that to withdraw such claims at this time would rightly be re garded as a breach of faith. A portion of the Klamath tribal claim is based on original Indian title. EXECUTIVE COMMITTEE MEMBERS ATTEND INTERSTATE POW-WOW Several members of the Klam ath Executive Committee were present at the ninth annual meet ing of the Governors' Interstate Indian Council, held this year in Sheridan, Wyoming. Represent ing the Klamath Tribe at the council were Seldon Kirk, Chair man of the Ceneral Council, and members of the Executive Com mittee; Dorthea McAnulty, Boyd Jackson, Del ford Lang, and Jesse Kirk. Hoyd Jackson and Harvey Wright, Director of Indian Kdu cation for the State of Oregon, were Governor Elmo Smith's of ficial state delegates to the council. The Council heard speeches by the Governors of Montana anil Wyoming, by the Commissioner of Indian Affairs, and by other persons concerned with Indian problems. Due to limitations of time, only 10 minutes was allow ed for presentation of problems raised by P.I.. 5H7. the Klamath Termination bill. Commissioner of Indian Affairs, Glenn Emmons, again stated to members of the Executive Com mittee that the Department of the Interior regarded anv amend ments to P. L. 5S7 as too early at. this time and that no amend ments would be favorably con sidered by the Department or bv the Hurcau of Indian Affairs un til after tribal assels have been appraised and until after each tribal member has made his elec tion to either withdraw from the tribe' or remain in some form of tribal unit. 0 INFORMATION PROGRAM (Continued from Page 1) This program will be continued until the termination date and it is planned to contact each indi vidual and family to give them an opportunity to learn directly of our purpose here and to obtain whatever information they may desire and to have answered any ucstions that may arise. In turn, our staff hopes to learn what information is needed the most so that we can concentrate our efforts in obtaining it for you. In addition to the informational program being conducted in the field, information on all aspects of the law will be made available at the education office in Chilo miiu. Anyone having rjucstions dealing with public law 587 is invited to come in and discuss them. Our objective is simple. We are here to provide factual informa tion and to be of service and help in whatever we can to the Klamath people. A
