Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-05-14
REMARKABLY Law SUIT.
End of the Celebrated Mrs. Gaines Suit
Against New Orleans

A6o'hSA A-c" ONicfnt.
WASHINGTON, May IS 3th-The United States Sill
preme Court TO day ia an opinion rendered by
Justice Bradley awarded the executors of tho
Will OF Myra Clark Gaines the sum of S567 900
against the city of New Orleans, for the use of
property sold by the city but recovered by Mrs.
Gaines, after long litigation. The Judgment of
the lower Court awarding the executors 81 800
uvO Tor the use of unimproved property sold by
the city was not concurred in.
The case probable has been the most interest
ing ana hardest contested and most prolonged
known 10 the judicial history of this country
The first suit was brought by Mrs Gaines (then
the widow of General Whitney, in 1884 and
since that time decision has followed decision
IN regard to 1t. 1t was first started to recover
what was known as the Everest Blanc tract in
New Orleans. Blanc bought the tract for about
Si5OO from the executors of General Daniel
Clark, prominent citizen of New orleans He
sold 1t and some other land to the city of New
Orleans.
The grounds on which Mrs. Gaines set up
claim were that she was child OF General
clark by secret marriage between him and
Zulime Carriere, and that General Clarke had
lett a later will than the one under which the
property was sold
This secret marriage formed the axis on
which the litigation reYolyed, and the case was
fought with bitterness by both sides. 1t was not
until few years before the war that Mrs
Gaines was finally declared to be the legitimate
child as well as lawful heir OF General Clark
Even then the city of New Orleans did not sur
render, and after the war Mrs Gaines was COM
PEELED to bring suit for damages. In 1881 the
Circuit Court Of the United States for the Louis
lana District gave Judgment in her favor for
81 ,925 Co., and il is ON appeal from this iudg-
ment that the case was decided.
The present case, it is generally conceded, ex-
hausts all the resources of the law, and is Ie-
garded as a final settlement of the litigation.
Mrs. Gaines fighting to the very last Tor her
rights. is dead, and so it is believed are all of
her immediate relatives, except her daughter
in-law, Hattie L. Whitney, in whose name. as
administrators of the estate of Mrs. Gaines the
case stands on the Court docket.
Military Orders.
WASHINGTON, May 13th.-The following army
orders have been issueo: Leave of absence for
six months on SURGEONS certificate of disability,
with permission to leave the Division of the
Pacific, is granted to Captain Edward B. Mosely,
Assistant Surgeon.
Commissary sergeant James NJ Dons on the
abandonment OF Fort McDermitt, Nevada, is
ordered TO Fort Ontario, New York for assign
ment to duty.
The discharge of first class private Levi
Wolfinger, ordnance detachment now at Van
couver barracks, Washington Territory, is or
dered
Major Asa B. Carey, Paymaster. is relieved
from further duty in the Department of Cslifor-
mia and ordered to New YORK City for duty at
that station.
A Proper Plan.
WASHINGTON, May l3th.-Assistant Attorney
General Shields las discontinued the practice
OF having decisions prepared by law clerks in
session, and will himself personally review all
decisions as they are prepared and before they
are sent to Secretary Noble for signature AS
this office deals entirely with land and railroad
cases coming before the Interior Department,
and prepares the same. this change in practice
viii interest land and railroad attorneys.
Executive Clemency.
WA sHINGToN, May l3th.-The President to-
day extended general amnesty TO all deserters
who have lef' the regular army since 1874.
There are about $1,000 of these some of whom
are men in business while others are filing
military prisons at great expense to the Gov
ernment.
Postmaster for Fall Brook.
WASHINGTON, May 13th.-Edward ]. Johnson
has been appointed Postmaster at Fall Brook,
san Diego county, Cal, vice II. d. Jay, re-
signed