Evening star. [volume] (Washington, D.C.) 1854-1972, 1888-07-20
TIE CHOCTAW CLAIMS CASE.
Decision Of Chief Jussice B,ueham
Declaring the Iutancsiea Againss
Mckee lnvalid.


This morning there was large attendance IN the
Equity Court to hear the decsion OF Chief Justice
Bingham in the case OF Ward H Lamon ct Al
against Henry s. Mckee, which has been argued
several days This case grows out Of the prosecu-
ton OF the Choctaw claims, In which the defend.
ant represents himself TO be the attorney. The
compartments also claim an Interest," and sought
70 enJoln the defendant from drawing an install.
ment OF tho eiaim amounting TO over 500, 900
Is alleged that the defendant violated this order OF
the court motion was then made by the com.
plainants for rule requiring defendant to show
why he should not b punished for contempt Of
court.
The Chief Justice, after briefly stating the ALE.
cations OF the bill and the answer OF the Defend
ant, said as TO the nrst point that the defendant
could not excuse himself because OF the service Of
serious in that he claims that no undertaking had
been filed precedent to the issue OF the writ After
referring to number OF authorities the court
restraint and nxed the time for hearing.
II would hardly be argued that the order was valid
in every point Rule 20 requires the execution Of
this rule was invalid The moment the justice
made the order the rule was In force, and It was
BEYOND the power Q, the Justice to issue the order
therefore come to the conclusion that the order OF
injunction was imperative and had no force, life,
the rule The defendant was therefore excusable.
The court had come to the conclusion somewhat
reluctantly. It was unnecessary for him 20 decide
Mr. Coleman, for the compliments, asked that
the Application for receiver be continued, and
that In the meantime the defendant be restrained.
Mr.. Wilson, for the defendant, asked that the
application be heard now. The defendant had
$l6l 600 which various parties claimed and he had
advised them that he would bring the money into
court that the conflicting interests could be
determined Yesterday he had fied q bill OF inter-
peader, In which all the parties are named, and
was now ready to deposit the money In court for
Mr.. Mckee did not propose to decide these
Claims but was perfectly willing that they should
see II, whether they got their graphing hooks
upon II or not
Mr. Coleman said that It was inmaterial what
they did with the money. The DESCENDANT well
knew that he owes this money to Mrs. Cochrane.
There was due the claimants about 100000 He
renewed the application for receiver, and that .
Mr.. Shellabarger, for defendant, said 1t was the
unQuestoned right OF the defendant TO Ole his bill
OF interpleader, that the rights OF the claimants
could be determined.
An order was made discharHing the rule and
declaring the Injunction invalid
Inc argument on the motion for q receiver was
continued up TO noon.
Leave was. granted Mckee to pay sl6l 900 tnve
per cent? into the registry OF the court In the inter
The motion Of compliments for receiver being
argued, the Chief Justice said the defendant
having part In the proceedings could not now
dispose Of the fund without being liable for con.
The money has been paid in the clerks office.
me hearing Will be resumed at one O'Clock to.
morrow.
Yesterday Henry A. Mckee filed bill in equity
against K Cochran, j. H. B. Latrobe ct al, for an
injunction to restrain the prosecution Of any claim
against him growing out OF the Choctaw claim
winch Is now before the court for adjudication.