The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1889-05-14
A CHLBBRATHD CASE
Decided by the United States
Supreme Court Yesterday,
MYRA CLARK GAINES SUIT
Against the City Of New Orleans FL
nalIy Disposed Of but She did not
Live to Witness lt-RomantIp
Story Connected with It, I.

WASHINGTON, May lS,-The, United
States Supreme Court to-day in IN opin
ion by Justice Bradley awarded the ex
ecutors OF the will OF Alyra Clark Gainel
the sum OF S576,000 against the city o.
New Orleans for the use OF property sole
by the city, but recovered by Mrs
Gaines after long litigation, The judg
ment OF the lower court awarding the
executors $lS00OO for the use Of unim-
proved property sold by the city was mol
concurred In; t
This case probably has been the most
interesting and hardest contested and
the most prolonged known to the Judi,
cial historyof this country, 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
registered as the most remarkable In the
history oil 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 1t until II has become a by-word that
there was always Gaines case
pending, This first suit sought to
oxer-what was known as the
Eyeriste Blanc tract in New Orleans.
Blanc bought the tract for about 1850
from the executors OF General Daniel
Clark, prominent citizen OF New Or.
leans. He sold 1t and some other land
to the city OF New Orleans for $45, 900,
and the city sub.divided the tract, and
sold 1t to a number OF persons for be-
tween six and seven hundred thousand
dollars, agreeing to defend all questions
OF title, Mrs. Gaines having few
months before claimed II. 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 Carriare,a q 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 mar
riage formed the axis on which the liti-
cation 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 declared to
be the Legitimate child, as well 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 louisa.
na district gave Judgement in
her favor for $l,025 607, and IL is
on the appeal from this Judgment that
the case to-day was decided, The pres
ent case, It is generally conceded, ex.
hausts all the resources OF the law, and
Is regarded as a final settlement oi the
litigation. Mrs. Gaines, fighting to the
very last for her rights, Is dead, and 80
1t Is believed are all her immediate rela-
tives, except her daughter.in.law, Hattie
l.. Whitney, in whose name as admins.
tratrix OF the estate OF Mrs. Gaines, the
case stands on the court docket.
Justice Bradley rendered the decision
OF the court, which was unanimous.
Justice Lamar and Justice Fuller were
net members Of the court at the time
the case was argued, and took no part in
tho decision.