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Page 2
July 5,1985
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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