The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1910-08-26

An indian claim in which Robert L.
Owen. now Senator from Oklahoma.
Mrs. Belva Lockwood and other prom
inent attorneys received fees aggregat-
ing Is per cent Of nearly $5,OOOOOO was
again subjected TO litigation yesterday
by the fling OF suit in the District
Supreme Court by Wiley Olax and Ed
ward T. scarritt. Of Missouri, who claim
the S96.S4O.72 paid to them as their share
is not full payment OF the amount al
lowed by the Court OF Claims.
The suit Of Olax and Scarritt Is bill
for mandamus upon Franklin MacVeagh,
as Secretary Of the Treasury. and Lee
McClung, as Treasurer. requiring them
to ascertain the amount alleged TO be
due compliments and 10 make the final
payment
The claim. as settled by the Court OF
Claims has the original date OK June r.
1885 Act Of Congress OF March 3. 1903.
made appropriations for current and
contingent expenses OF the Indian De-
partment." and the fees OF attorneys in
the claim were included In the appro-
prlations When the claim involved. that
OF the n52s,5-~ Cherokee Indians, was
adjudicated finally by the Court OF Claims
on May IS. 1905. II was decided that
H.111,2S470. with interest at per cent
from June r. 1888. should be paid to the
Indians, and that the attorney fees
should be 10 per cent Of the amount al
lowed
The application for allowance OF attor-
ney fees was made to the Court OF
Claims by Robert L. owen and Robert
" Belt. for the Eastern Cherokees. and
by Mrs. Belva A. Lockwood for The
Eastern and Emigrant Cherokees.
Act of Congress Necessary.
The Court Of Claims held that the claim
should be satisfied as soon as Congress
enacted the necessary legislation for APP
preparation. The amount OF the claim.
including interest. was computed July Il.
1906. 10 be $4937 .036l6 and attorney fees,
at the rate Of IS per cent, were $40 55472.
OF that sum. II was agreed that Mrs.
Lockwood should receive SlS,oO0 for her
services, the other attorneys proportion
ally making up that amount from their
shares in the gross fee.
The courts order fixed the shares Of
the Is per cent among the attorneys as
follows: John Vale. three; Robert V. Belt.
one and two-thirds; scarritt and Olax.
two: James K. Jones, one; Matthew c.
Butler. one and one-half: William H
Robson, one and one-half. and Robert
I. owen, four and one-half. On that
percentage and that agreement as to Mrs
Lockwood's share. Scarritt & Olax were
paid S96,3i0.72. Senator Owens share, at
4 per cent. was N92esl.A. though in the
bill filed Yesterday Il is not stated that
actual payment was made to him.
The bin introduced yesterday by Olax
and Scarritt alleges that the amount due
on the claim could not be computed July
"a. 1906. because II could not be then
known when there would be a final pay
ment,, as the rolls Of the Eastern Chero-
KEGS had not been approved. The rolls. u
Is stated. were approved March Is. 1910
ana Olax and Scarrltt claim that their at
torney's fees should be Is per cent Of
what would be due March Is. Their
prayer is FOR mandamus 70 compel the
Secretary OF the Treasury and the Treas
urer OF the United States 10 ascertain the
difference between the amount as Of the
day when final payment is actually made
with interest, and the amount computed
July a. 1905, the time OF partial settle
men.. to-wit: 4937.O36l6. on which the
payment Of attorney fees TO Olax and
Scarritt was made.
Difference Involves Thousands.
The difference In attorney fees. If con-
tention Of cOmplainants IS upheld and
their prayer for computation and pay
ment granted. will be thousands Of dol
lars; the difference in the fun amount OF
the claim would be hundreds Of thous-
ands.
The bill fled yesterday is not in the
interest OF any other attorneys in the
claim than olax and scarritt. Whether
other attorneys will also ask for add
tional payment is not known.