Los Angeles daily herald., 1889-05-14

complaint on the part of China, it must
be made by the Political Depart
ment of our Government, which is
alone competent to act upon the
subject. The rights and interests
created by treaty which have become so
vested that the expiration or abrogation
will not destroy or impair them, and
are such as are connected with and lie |
in property capable of sale, and the |
trensfer or other disposition, not such as
are personal and untransferable in their
character.
ROUGH ON NEW ORLEANS.
The United States Supreme Court to-
day, in an opinion by Justice Bradley.
awarded the executor of the will OF
MyIa Clark Gaines, the sum OF $567 600
against the city of New Orleans, for the
use of property sold by the city, but re-
covered by Mrs. Gaines after a long liti-
CATION. The judgment of the lower
Court, awarding the executors 81 300, 900
for the use OF unimproved property sold
by the city, was not concurred in.
The case has probably been the most
interesting, the hardest contested and
most prolonged known to the judicial
history of this country. The first suit in
the case was brought by Mrs. Gaines
(then the wife of General Whitney, in
1884; and, since that time decision has
followed decision i'll regard to it. The
first suit sought to recover what was
known as the Evariste Blanc tract in New
Orleans. Blanc bought the tract for
about 81 500 from the executors
of General Daniel Clark, promi--
nent citizen of New Orleans. He sold
it and some other land to the city of New
Orleans. The grounds on which Mrs.
Gaines set up her claim were, that she
! was the child of General Clark by a
secret marriage between him and Lullne
Carriere, and that General Clark had
left later will than the one under which
the property was sold. This secret
marriage formed the axis on which the
| litigation revolved, and the case was
| fought with bitterness by both sides.
1t was not until few years before the
war that Mrs. Gaines was finally de-
clared to be legitimate child, as well as
the lawful heir of General CLARK. Even
then the city of New Orleans did not sur
render, and, after the war, Mrs. Gaines
was compelled to bring suit for damages.
In 1881 the Circuit Court of the United
States, for the Louisiana district. gave
Judgment in her favor for 81 1926, 667,
and it is on appeal from this
Judgment that the case was de-
cided. The present case, it is
generally conceded, exhausts all the re-
sources of the law, and is regarded as a
final settlement of the litigation. Mrs.
Gaines fighting to the very last for her
rights, is dead, and 30 it is believed that
all her immediate relatives except her
daughter-ip-law, Hattie J.. Whitney, in
whose name, as Administrative OF the
estate of Mrs. Gaines, the case stands on
the court docket.
AN EXPERT ON THE CHARLESTON.
| Chief Engineer Melville is of the opin-
ion that the cruiser Charleston will sue
coed in making the necessary 7000-horse
power in another trial. 1t appears that
the trouble with the port engine is To-
Gated in the crosshead guide, which has
been the only faulty spot shown in the
trip down from San Francisco. When
the fault developed, recourse was had to
the device of placing a SHIN or thin
points, and this expedient was probably
J not sufficient to meet the case.
The trouble is not serious and can be
| IOhoulCu ssDOdiu euIp, IA ApoCCu IL Lac
not been already done. The fact that
, the boilers made steam so rapidly that
they were blowing off during the trial is
regarded by the engineers as promising
a realization of her horsepower require
ment, when the defect in the port engine
is corrected and the steam can all be
used. Increased speed is looked for
upon the next trial, because the coal is
being used up rapidly aud the vessel is
being lightened.
| NEW OFFICIALS AT WORK.
| Judge Matthews, who succeeds Judge
Durham as First Comptroller of the
Treasury, and Huston, who succeeds
Hyatt as Treasurer of the United States,
entered upon the discharge Of their new
duties this morning.
| ROOSEVELT TAKES HOLD.
Theodore Roosevelt, of New York, re-
Gently appointed Civil Service Commits
sioner, took the oath OF office this morn
ing. The Board is now full. Commits
sioner Lyman was chosen President.
| THE PRESIDENTS RETURN.
President Harrison, Secretaries Win
dom and Rusk, and Senator Hawley re-
turned to Washington this afternoon,
after cruise in chesapeake Bay, in the
| United States steamer DESPATCH.