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About Spilyay tymoo. (Warm Springs, Or.) 1976-current | View Entire Issue (July 5, 1985)
c I Page 2 July 5,1985 L». J 1—t i ---------1 S pilyay T ymoo Six injured whilefighting blaze- by Pat Leno-Baker The fire which started at the hamlet and.traveled east quickly surrounded'the lodge. The lodge was immediately evacuted. Ac cording^ Garland Brunoe, Kah- Nee-Ta general manager, the lodge was filled to about half capacity at the tim e of the fire. The lodge was closed for one night, Sunday, but reopened on Monday for business. There was According to Main at this no fire or smoke damage to the time the evidence of his investi lodge. gation will be submitted to thé Firefighters from seven ihter- U S . Attorney and the Tribal agencies fought the fire which Prosecutor for their review and was contained at 6 p.m. on thèy will determine what steps Monday and was brought under will be taken for prosecution. control at approximately mid night. BIA superintendent Bernard Topash stated that six were Fire conditions on the reser injured in the fire. Five were vation this year are extremely Kah-Nee-Ta employees and the high. According to BIA range sixth a guest at the resort. They conversationist Brian Spears, were identified as Jerry Falcon, the two native grasses, cheat employee, who is listed in very grass and medusa head, make a critical and guarded condition very fine, fuel and when it gets with burns over 96 percent of hot and the humidity isTow the his body; Jim Gaffney, emplo grasses become highly Com yee, in critical but stable condi bustible. Add winds to these tion with burns over 75 percent conditions and it becomes ex of his body; P at Ritz, guest, in tremely hazardous. Current fire serious condition with burns conditions are normal for late over 40 percent of his body; July and August. Ralph Johnson, employee, with There have already been a burns over 75 percent of his body is in serious but stable number of fires in the . Warm condition; Ken Tababoo, em Springs area. It is important ployee, with burns over 40 per that the public be aware that the cent of his body and Ed Rouse, fire danger is higher than nor employee, with burns over 12 mal for the area. For tips on percent of his upper body on how to prevent fires at your the arms and face. Rouse was home contact Fire and Safety at SURROUNDED^TAeAaA-JVee-7aL0rfge was totally surrouded seriously burned five men. . not with the other five but was 553-1161, ext. 200. also injured while trying to ex tinguish the fire. Rouse was transported to St. Charles M edical Center for treatment. The other five were flown by Life Flight and the 304th Air Rescue and Recovery Squadron, both of Portland, to the Emanual Hospital Burn Unit in Portland. A range fire that investiga tion determined caused by small boys playing with cigarettes and m atches, raged through 960 acres su rrounding the Kah- Nee-Ta Lodge and injured six men, according to Bureau of In d ia n A ffairs in v e stig a to r Jerome Main. , F alcon, G affney, R itz, Jo h n- Sptfyay Tymoo p h o to by Shewctyk ■ b y fire during the June 23 blaze that blackened 960 acres an d Fire safety recommended With the sudden land-of-fire building around us, many peo ple are beginning to fear for their homes. Most wait Until the last minute, then turn on their backyard sprinklers—but what can we do in advance? .How might we be able to avoid our building. 3. Remove that por tion of any tree which extends within ten feet of the outlet of a chimney or stovepipe. 4. Remove all accumulated roof debris. 5. Fuel-breaks and greenbélts sepa rating groups of structures from the rfâlïve vegetation arerëcôm- h o u se b u rn in g to jo in th e jn en d ed in forestedareas.T hese ground? are 200 to 300 feet in width. ”^ T T O d T a b a b o o w e re injured when they attempted to fight the fire. The fire trapped the five in a gully against a wall of the lodge, stated Main. Tababoo was less severely burned because he ran through the fire instead of trying to run in front of i t He has had prior experience as a firefighter, ac cording to fire officals. The fire which broke out Sun day, June 23, at about 4 p.m., was fanned by high winds and traveled at an estimated speed o f20-30 miles an hour. With the high wild grasses and low humi dity, fire conditions were ex Sptfyay Tymoo photo by Behrendt tremely high, according to inves IN TRANSPORT— F our helicopters were brought in to transport burn victim s to Em anual H o sp i tigators. ta l after being treated at th e Warm Springs clinic. . Brush and dense undergrowth in forest or wilderness land are a primary hazard to structures. Brush and dense undergrowth ignite readily, burn with intense heat, and spread fire rapidly. Vegetation clearances are ne cessary to reduce structural ex posure to flames and radiant heat and give residents and fire fighters a reasonable chance of protecting structures. The following are some tips on how to keep your home safe from fires. 1. Clear all flammable vege tation within thirty’feet of build ings on flat ground and up to 100 feet on hillsides. 2. Remove all vegetation overhanging a 6. Be sure your chimneys and. stovepipes are fitted with a half inch mesh spark arrester. ?.’ U nprotected hom es in your neighborhood are a threat to your own. Get involved if you live in a rural or wildland area, talk to your neighbors and plan ahead. Neighborhoods withfire- safe programs reduce the chan ces of a devastating fire in their areas. 8. Consider a residential sprinkler system. Have nozzles, and sprinklers ready to go. 9. Prune all trees half the height of the tree or up to a minimum of 16 feet on trees over 32 feet tall. 10. Get a permit and be sure it’s safe before doing any backyard burning. Tribal court notes probate, jurisdiction Overview This is the duty of the tribal court, .with the service of the Probate is the process of gath probate department and the admi ering and preserving the prop nistrator. erty of persons Who have died; to pay his or her debts, and to Jurisdiction of Tribal Court distribute the remainder to the rightful heirs as provided by the 320.020 Jurisdiction of Tri Tribal Code, or by the direc bal Court. The Tribal Court tions of the will of the decedent. shall have jurisdiction to admi- S p ily a y T ym oo * * ★ * ♦ * * it Spilyay Tymoo S taff* * * * * * * * MANAGING EDITOR ............................................ Sid Miller ASSISTANT EDITOR ................................. Donna Behrend Dark'room/Writer Reporter Typesetter Marsha Shewczyk Paktêno-Baker Priàçilla Squiemphen FOUNDED IN MARCH OF 1976 Published bi-weekly by the Confederated Tribes of the Warm Springs Reservation of Oregon. Warm Springs, Oregon 97761. Located in the Old Administration Building. Any written material to Spilyay Tymoo should be addressed to: Spilyay Tymoo P.O. Box 736 Warm Springs, Oregon 97761 Phone 553-1644 or 553-1161, Ext. 274, 285 and The Darkroom ext. 286 Subscription fíate: $6.00 per year nister in probate the estate of decedent who, at the time of his; or her death, was domiciled or owned real, or personal prop erty situated within the Warm Springs Indian Reservation to the extent that such estate con sists ¿(property which does not come within the exclusive juris diction of the Secretary of the Interior of the United States. 320.021 Control of Funeral arrangements. Control of fun eral arrangements, and disposi tion of the remains of the dece dent shall be based on a decision of the family, and the Indian. Customs of the Tribes, and the tribal corirt shall have no juris diction over disputes irivolving funeral arrangements. Information The Tribal Court has juris diction, in probate, over all per?, sons living ofl the Warm Springs Reservation, owning «real, 'o r personal property; which is not in trust; Or restricted status: ’ We do riot have jurisdiction over trust land, IIM accôunts; or other trust money. This is handled by BIA. The Tribal Court has no juris diction in disputes involving funéral arrangements. The request, or wish of the decedent for his/ her funeral ar rangement should be followed as close, as possible. This is why the existence of a will should he Indian finery; 2.) Indian artifacts.x made known at the earliest tim e.' Indian finery, arid artifacts are distributed according to the ‘ Personal Property directions of the family of the decedent. The distribution of . All money, Bonds, and checks these items are according to the must be brought to the Probate Iridiari Customs, and Traditions office as soon as possible. This of the tribe to which the dece money is then deposited in a dent belonged, or the wishes of interest-bearing account for the the fariiily. the estate. I .AU vehicjes are impounded Property NOT part of Probate ;to protect its value for the estate, arid to protect it from any liabi 1. Life insurance—names the lities beneficiary. Houses which are located on 2. Payable-on-death bene- leased, or assigned land are also fits/.paym ents, G overnm ent personal property. These homes bonds, Pension plans. must also be protected either by 3. Life Estates. boarding up, or having a member 4. Joint interest—-such as survi o f the family be responsible for vorship on vehicles title, or joint it, ownership. 5. Trusts—Transfer of funds, Inventory and Appraisement or property into Trust for the benefit of another. Inventory is taken of all per These are not part of the pro sonal property (vehicles, lives bate, but should be recorded as tock, etc.) and appraisal is then part of record of the file. made to determine the cash value of these items for the Wills estate. This is for the record, and to insure that all heirs receive A person works all his or her equal share after all claims have life for money, home and other been paid. valuables .and should have the The order to sell personal right, to give these items to per property must come from the sons of their own choice. They Court before a sale can be made have this choice, if they had of estate property. These sales taken the time to draw up a are to pay claims an d /o r dis will. tribute shares to’heirs. A will must be written, and Except items which are exempt properly witnessed by two at by custom, or tradition. 1.) testing witnesses who are disin- terested parties to the will. A will could be Contested any within 90 days after the will has been admitted to probate. The grounds to contest a will can only be those listed below. 1. Not having testamentry Capacity (unsound mind). 2. Undue influence (persuaded by another). 3. Fraud (telling a lié to mis lead). 4. Attesting witness is also a beneficiary named in the will, or having interest in the will. 5. The person contesting the will must be named in the will, or be representing the interest of a minor named in the will. Appointment of Administrator The Court shrill appoint an adm inistrator to administer the estate according to the tribal code, he or she must be 21 years of age, or older, and competent to perform the duties required of an Administor. Should the person nominated by the will be unqualified the public adminis- tratorn shall be appointed. These are some of the duties of the administrator. 1. To preserve, protect, and account for all property within the decedent’s estate. - 2. To investigate all claims against the estate, and deter mine whether such claims are Continued on page 8
