The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1889-05-14
a FINAL DECISION
In the Great Gaines Case Reached.
The Supreme Court of tho United
States Stops Litigation.
Tho Most Remarkable Contest In
Our Judicial History.
It Involves Valuable Property Be-
longing to Now Orleans.
Tho Court Awards s57o. 900 to the Ex-
ecutors Of tho win of Myra Clark
Gaines A Streak OF Romance
Runs Through the Story.

WAsnNoroN May i3.-rho United States
Supreme Court today, in an opinion by Jus
tee Bradley, awarded the executors Of tho
will of Myra Clark Gaines the sum OF $780,
900 against the city OF New Orleans, for tho
use of property sold by the city, but rccov-
cred by Mrs Gaines after long litigation.
The judgment Of the lower court awarding
the executors Si,3OO,OOO for the use Of tho
unimprovcd property sold by the city, was
not concurrci IN.
This case probably has been the most In
tcrcstng The hardest contested, aud the
most prolonged known to the judicial his
tory OF this country. over thirty years ago,
Justice Wayne, Of the United States SUI
prcmc Court, said that when the historian Of
the American bar should come to write up
the case It would be registered Us tho most
remarkable in the history Of our courts. Tho
case had then been before the Supreme
Court five times In one form or another, aud
has now been decided rs many times again.
The first suit In the case was brought by
Mrs. Gaines, then the wife Of Gen. Whitney,
In 1854. and since that time decision has fol-
lowed decision In regard 10 It until Il has
become by.word that there was always
Gaines case pending.
The first suit sought to recover what was
known rs the Eyurstc Blanc tract In New
Orleans. blame bought the tract for about
81 500 from the executors OF Gen Daniel
Clark, n prominent citizen of New Orleans.
lie sold IL and some other lands to the city
of New Orleans for si5, 90 aud the city sub
| divided the tract aud sold It 10 "a number Of
persons for between StOl,OU0 and $4,000,
/ agreeing 10 defend all questions Of title,
Mr.. Gaines having, few months before,
/ claimed H. The grounds on which Mrs.
Gaines SGT up her claim was that she was tho
| child OF Gen. clark by u secret marriage be-
| tween him aud Lulimr Carricrc. n woman
| we'll known In the city, aud that Gen. Clark
| had left later will than the one under
which the property was sold. This secret
marriage formed the axis ON which the liti-
4 gation rcNoycd aud the case was fought
| With bitterness by both sides. II was not
| until a few years before the war that Mrs.
| Gaines was finally declared tu be the lctiti-
| mstc rhild. as VOL no ihe lawful heir of Gen.
Clark. Even then the city oi New Orleans
did not surrender. and after the war
| Mrs. uaincs was compelled Ia bring a suit
for damages In ISL the Circuit Court OF
the United states for the Louisiana District,
| gave judgment IN her favor Tor Al, g2a G7
! aud u j. on appeal from this JUDGMENT that
] the Cnsn uf todav was decided. The present
the resources Of the law, aud il regarded a. q
final settlement II the litigation. Mn.
| Gaines, lighting IA the very last for her
| rights o. dead, aud 20 IL b. beloved are all
| hCN immediate relatives except her dnugh-
tcr-in-law, Hattie /. whitney in Whose
name, M administrative Of the estate u
Mt. HnIncs llc case stands ON the court
1 docket
Justice Budlcy rendered the decision Of
| the court, which was unanimous. Justice
/ lamar and chief Justice Fuller were not
members uf the court No thr time the case
wa argued aud took no part IN the dccis-
| Ion
Tho chinese rNrIu-,.. Act All Right.
WAsnN rIN. May l3-Thc Supreme Court
| today rendered an opinion In the important
ease OF Chlc Chang fng appellant, ". tho
Collector of the Port Of san Francisco. This
b. q suIt brought 10 test the clnsiitutionaliiy
Oi ihc Scott Chinese exclusion act shortly
after the Scott exclusion act went into e.
feet Chac Chang Ping returned 20 the United
States from China aud cnicayorcd 20 secure
entrance nc the port Of San Francisco. IIe
had LETT this country armed with a certificate
emitting him a. rriuru, but the certificate
was declared invalid by the scotl act. The
Collector refused him ndmittunCc. aud suit
was then brought IN the United states Court
ior thc District uf California % test the con-
siituiiunaliiy 81 the scott act In accord.
au'y with the provisions ON which
thr Collector acted. The California courts
upheld The yunsiitulI0nality uf thc oct, and
from this decision the case comes here on
appeal 1his Court rnirms that Judgment.
II holds that Congress has the power 30 alb
ruritc a treaty and Ia support Of that view
cites the authorities ot the courts ON tho
| subject holding that the propricty OF such
! action Us not matter for judicial cogninncc,
but that IL is matter TOT the political depart
mout Congress, u says has the power 10
exclude uligus from the country whose pres
| cncc u deemed iuliniCll 10 our Interests.
. a
Itunarfaut Railroad Mertiun.