The Republican., 1889-05-18
A Celebrated Case.

A Celebrated Case.
WASHINGTON. May 13.-The Uni
ted States Supreme Court to-day in
an opinion by Justice Bradley award
ed the executors of the will of Myra
Clark Gaines the sum of S576, 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
S130.000 for the use of unimproved
property sold by the city was not
concurred in.
This case probably has been the
most interesting and hardest contes.
ted and the most prolonged known
to the judicial history of this coun-
try. Over thirty years ago Justice
Wayne of the United States Supreme
Court said that when the historian of
the American bar should come to
write up the case 1t would be regis
tered as the most remarkable in the
history of our courts. The case had
then been before the Supreme Court
five times, in one form or another
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 decision in regard to it
until it has become a by-word that
there was always Gaines case pend
ing. This first suit sought to recover
what was known as the Everiste
Blanc tract in New Orleans. Blanc
bought the tract for about 81 800 from
the executors of General Daniel
Clark, prominent citizen of New
Orleans. He sold it and some other
land to the city of New Orleans for
$40. 200, and the CITY sub.diyided the
tract. and sold it to number of per-
sons for between six and seven hum
dred thousand dollars, agreeing to
defend all questions of title. Mrs.
Gaines having 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 secret marriage between
him and Zulime Carriere, woman
well known in the city, and that Gen.
Clark had left a later will than the
one under which the property was
sold. This secret marriage formed
the axis on which the litigation re.
volved, 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 we'll as the
lawful heir of General Clark. Even
then the City of New Orleans did not
surrender, 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 1925. .667. and it is on
the appeal from this judgment that
the case to-day was decided. The
present case, it is generally conceded,
exhausts all the recources of the law,
and is regarded as final settlement
of the litigation. Mrs. Gaines, fight.
ing to the very last for her rights. is
dead. and so 1t is believed are all her
immediate relatives. except her
daughter-in.law, Hattie L. Whitney,
in whose name as administrative of
the estate of Mrs. Gaines, the case
stands on tile court docket.
Justice Bradley rendered the deci-
sion of the court, which was unani-
nous. Justice Lamar and Justice
Fuller were not members of the court
at the time the case was argued, and
took no part in the decision.