The morning times., 1896-02-07

The slow processes of justice for the
poor and ignorant, and the eNtrayagant
cost for attorneys services is eXemplfied
by a suit which reached conclusion III
the courts here yesterday.
1t is the case OF Caroline V. LatEobe,
the widow and eXecutriX OF John III. Is.
Latrobe, against Henry T.. Mckee, and the
conclusion reached was the oder for an
execution to issue in favor OF Mrs. Latrobe
against Mr.. Mckee and his boLdSrnen for
$4,000. This was under mat date sent
from the Supreme Court OF tie United
states to the district supreme court in ac-
cordance with a decision Of the former
rendered some time ago.
The decision affirmed the judgment in
the lower court, obtained May 27, 1891.
Incidentally there is an illustration OF the
length of time it takes an ordinary case
To yet through the United States Supreme
Court-in this instance five years.
The contest was over big fee for Sc
curing q claim of the Choctaw Indians.
1t was what was known as the Net
Proceeds" The first efforts were mad
early in the SOS, and in 1855 Congress
voted 100000 to satisfy this or giOal
demand.
Secretary Jacob Thompson succeeded in
getting certain allowances made. much to
the disgust of TIE lid ans. 1t was finally
/ arranged TO pay them about $lGl 900
for their immediate use TO supply fGed
and $25O,000 il United States bonds.
THE WAR INTERRUPTED.
The bonds Were made out but were never
| delivered. The war intervened, and during
the struggle there was no time for con-
! sideration or Indian claims.
III the efforts 10 get the money John I.
| Cochrane was leading counsel for The tribe.
! When the attempt was renewed after the
war John II. b. Latrohe, Il altimore law
ye; of high siarding, who had kept quite
| free from politics, was employed as an as
sistant To Mr.. Cochranc. In message to
the Choctaw council from Ancn Wright,
the principal Chief in 1867, Mr. Iatrobe
| is much praised FOR what he had done in
the case. aud was spoken of as the man
most active for The tribal claim.
! The struggle continued. Additional at
torneys were employd d, and new claims
were joined. Finally, about 1875, Con-
grcss passed an act making an award Of
! S3,07S,000 for The Choctaws. The attor-
ncys had contract which gave them 80
per cent of this, amounting to nearly u
million dollars.
Henry L. Mckee went 10 the Indians,
claiming 10 represent al the attorneys in
| the case, aud got nearly all The money al
lowed as pay Ior prosecution CT he case.
Then began legal fight among the attor-
neys. Ward A. Lamon and ChaCnccy F.
Black brought suit against Mckee and
others.
BY SLOW STEPS.
This was in the summer Of 1858 and in
September OF the same year John II. E.
Latrobe ASKED the courts 10 enforce his
demand for a share.
Soon afterward Mr.. Mckee brought suit
against his opponents and the litigation was
complicated and long drawn out.
In July. 1883, the court ordered Mckee
to pay into the registry 81 SO GOO, To be
invested i'll United States bonds. Later
other similar orders were made till the
court had ON hand nearly $500 ,oCo
All this has since been paid out and there
is nothing now i'll court.
Other orders werc made directing Mckee
to pay intocourt other large sums, but these
j were not paid and Mr.. Mckee disappeared
from the city. He went To st. Paul and
was then found and brought back 10 this
jurisdiction. He was obliged to testify
and on May 27, sol, the verdict for Mr..
Latrobe for ST. 600 and costs was re.
| turned.
An appeal was taken to the United States
Supreme Court. Pending the hearing OF
this. Mr.. Latrobe died, and in the fail OF
| 1892 Mrs. Latrobe was empowered TO
| continue the contest.
At the outset Mr. Reginald Fendall was
Mr.. Latrobes attorney, but later Mr..
Enoch Totten attended the case. Mr. Nc
KEGS attorneys were B. F. Rice, George F
Appleby and Shelibarger & Wilson,