Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1889-05-23
FINALLY DECIDED.

The Supreme Court Finally Decides the
Celebrated Gaines Suit which Has Been
Before the Courts For FIfty-five Years.
WASHINGTON, May i5-The United
States Supreme Court in an opinion by
Justice Bradley awarded the executors OF
the will of Mvra Clark Gaines the sum OF
$4,000 against the city of New Orleans
for the use of property sold by the city
and recovered by Mrs. Gaines after long
litigation. The judgment of the lower
court awarding the executor Sl30,OOO for
the use of the unimproved property sold
by the city was not concurred in
The case probably has been the most in
teresting, the hardest contested and the
most prolonged known TO the judicial his
tory of this country. Over thirty years
ago Justice Wayne, of the United States
Supreme Court said that when the histo-
rian of the American bar should come to
write up the case it would be registered
as the most remarkable in the history of
the courts. 1t had been before the Su-
preme Court five times in one form or an
other and has now been decided as many
times again. 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 de-
cIsion in regard to il until it has become
a byword that there was always a Gaines
case pending.
The first suit sought to recover what
was known as the Evariste Blanc tract
in New Orleans. Blanc bought the tract
for about $500 from the executors of
General Daniel Clark, a prominent citizen
of New Orleans He sold it and some
other land to the city of New Orleans for
S45, 900, and the city subdirided the tract
and sold it to a number of persons for
between 5000, 900 and 500, 600, agreeing to
defend all questions of title, Mrs. Gaines
having a few months before claimed it.
The grounds on which Mrs. Gaines set up
her claim were that she was the child of
General Clark by a secret marriage be-
tween him and Zulieme Carriere, woman
well known in the city, 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 revolver, aud the case was
fought with bitterness by both sides. 1t
was not until a few years before the
war that Mrs Gaines was finally declared
TO he the illegitimate child as well As the
lawful heir of General Clark. Even then
the city of New Orleans did not surrender
and alter the war Mrs. Gaines was COM
PEELED 10 bring a suit for damages. Ia
1881 the Circuit Court Of the United States
for the Louisiana district gave judgment
in her favor for Il 92j. G57 and it Is on APP
peal from this judgment that the case has
been decided. The present case it Is
generally conceded, exhausts ali 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 so, it is believed ], are
ali her immediate relatives except her
daughter law, Hattie L. Whitney, in
whose name as administrative of the
estate of Mrs. Gaines the case stands on
the court docket.
Justice Bradley rendered the decision
of the court which was unanimous JUS
tice Lamar and Chief Justice Fuller were
not members of the court at the time the
case was argued and took no part in the
decision.