Evening star. [volume] (Washington, D.C.) 1854-1972, 1888-07-31
THE CROCTAW CLAIMS CASE.
Decision OF Chief Justice Binrbau,.
THE RIGHT OF LAMoN ET AL TO COMPENSATION 20
THEIR sERvICEs-AN APPEAL

In the Equity Court this morning there was
large attendance OF persons interested In the
Of w. II. Lamon ct al agt Henry S. Mckee In anti
cipation OF Chief-Justice Bingham deciding the
motion OF the complainant for the appointment Of
a receiver.
This case grows out OF the prosecution OF the
claim OF theChoctaw Nation against the United
States Government. The defendant, Mckee, as
attorney for the Choctaws was about to draw
from the United states Treasury the amount ap-
proprated by Congress to pay their claim, and the
complainants filed bill for an Injunction TO re-
strain the payment until their rights were deter
mined. MIR. Mckee, however, drew the money.
motion was then made for an attachment against
nun nun Lor contempt OF court Ihis was & overr9ed,
judged null and void. Mr.. Mckee then nled bill
OF tnterpleader and paid into court over Sl6l 600
to meet any just demands OF claimants. The COM
plainants then filed motion for the appointment
OF receiver, and this motion was argued all OF
last week, Messrs. Coleman and Sypherd for the
cOmpfatnantS and Messrs. Shellabarger and Wilson
and Judge j. j. Weed for the defendant.
DECISION OF CHIEF JUSTICE BINGHAM.
The chief justice, In announcing his decision to
day, said that the applications for receiver and
an Injunction stand about alike. The first ques-
tion is whether the complainants have apparently
right Of lien upon this fund. In 1855 contract
was made by the Choctaw Nation with the late
John S. Cochran, the terms being that he was 10
receive 80 per cent OF the amount that might be
1866 Mr.. Cochran devoted his time and attention
to the claim, and at this time there was some talk
by cochran with the complainant damon, then as
soclated with the late Judge Black, In regard 10
transferring his powers to Black. Before this was
consumated Cochran died, and an assignment OF
the contract was made TO Black. it appears
that for time Mr.. Black and his as
sociates prosecuted the claims, and that sub
SeQuently he gave up the contract and relin-
however, previously advised Mr.. Scott TO invest in
the claim, and he thought IL his duty to see that
Scott was protected. II appears, however, he gave
Lamon furnished part OF the money S25 900 10
COchran'S executor, and lent Scott $4,000 more,
and the agreement was that the amounts were TO
be reimbursed as also to share further. Lamon
claims that he was 10 receive $3.50 600 In addition
to the amount to be reimbursed The court had
no doubt but that Cochran had lien on the fund.
Had he prosecuted 1t to q successful termination
there would have been no doubt but he would have
had lien. He could assign whatever amount nad
accrued. The effect OF the assignment by the ex-
ecutor OF Cochran was to transfer C0chran's
powers, and the ChoctawS agreeing TO the assign
ment to Black the latter was invested with the
same powers which had been given Cochran.
The defendant claims that Black abandoned the
contract and therefore the lien, and this was a
more dncult question me evidence ds mol noo 'er
contracu. A letter was read, dated In 1883, IN
which he makes statement but II fs not a full
one. The court inferred that he retired SubStan.
TALLY with the consent OF the Choctaw Nation
not for want OF confidence. About 1870 the Choc-
taws made a contract with the defendant, Mckee,
time Judge Black abandoned the claim. While
Judge Black was connected with the claim he and
his associates were active and performed some
service. Messrs. Mckee and Blount agreed to pay
COchran's estate 5 per cent and TO pay those who
had aided In the prosecution OF the claim The ques
ton whether Black lost his rights TO compensation
depended upon the contract OF 1870. and IL seemed
To him that the act OF the ChoctdwS continued
those rights. This, in his Judgment, was In
answer to the claim that Judge Black had for
feited the right TO lien. They had put In pro-
vision In the spirit OF fairness that those who
had rendered service should be paid. he had
come to the conclusion that the compainants
were entitled TO a lien on the fund. As TO the
money paid into court Cs161 ,OO0 he SAID II must
be held for the payment OF the Cochran services.
This could not be said to be a gratuity.
The per cent, he concluded, was TO go to Coch-
ran for his services. The per cent for Mr.. Luce
for his services was left In the Treasury and 20
per cent is still in Mr.. Mckee's hands Mr.. Mckee
had for long time alone, and by his employers,
prosecuted the claim and he was entitled 70 pay
ment. 1t would be wrong TO say that he was not
entitled TO liberal compensation He had oome 10
the conclusion to direct defendant 10 pay an addi-
uonal per cent into court.
MIR. Coleman said II the order directed that the
per cent be invested SO as TO draw interest the
complainants would be satisfied.
AN APPEAL
Mr.. Wilson said defendant would note an appeal.
The complainant suggested that the order fix a
definite amount, and asked that sl5O,OOO be the
amount
The defendant objected, stating that the amount
The court made order directing that the money
maid I'm