Telegram-herald., 1889-05-15
BARRED OUT.
TIE Supreme Ceort upholGs tie
Chinese E2cIGsioa Act
II IS DECLARED cosSurUnOSAL
Congr~ss Has Power 10 Excleas AliSas
NhosS frs~~acS Is Desnasa IataLai-
salEne 81 tkS aEaoss Asra
CLzrke Gz5ass ~ ssslt-


Sxs cHlSEsE sEtf ouE
WanNGroN Nay i4.-Tas Cuitea Slstes
E Supreme Coart on Mondav rendered de
E e-slon srrr1llAg TIE oeustlsa atlQI.alty ~ TIE
f so9-I C4l0ese ExllGs.ol at l--s N-ssps
f Ing retarned - IAis cosDuy sAa4AS
f etler Jhe p=Ss~ge % LAs seol -.e
- blch declared Invalid the czi-l----so
emitting Aim 70 return ne CO.
F lector AZ san Francisco refused 10 al
T l9w LA L. .-ad, @2a s-l. "-s
/ DsoUgh. Il the United States Distract
/ Court u test The consUtutionAiity of tae
+ scott act undsr tie authority of which he
collector acted lhe California courts
/ upheld TIE consututloEalty ot TIE act,
I aud from this decision the case came
+ here on appeal The court ariTnls Tho
/ judgment It holds 1at Congress has tho
power - sb9ogate = treaty, a1G n support
of that view cites tie authorities II he
oourts en- the subject holding hat The
/ pTopFiegy Of such action Is not matter
| foE Judicial eogulzaEce, bat that IL Is
matter for the political department. Con-
! gress. Il says, las tie power 10 exclude
aliens fEom the country whose presence Is
/ deemed ini1lical ~ ou, interests.
AS 10 the objection that the act Is IA con-
/ flct with treaties the opinion, which Was
/ given by Justice Field, says.
/ II u usi DC conceded thai The act OF lss1 IS
| IL eontr2yentlOn oi tx pEets slpulaUops Of The
| treaty Of i6eo aud OF tie supplemental treaty
/ of 1851. but 10 is mol oa that account In
| valid .. 10 be restricted n rs enforcement
! The trsaIles were " 10 greater legal
| obligat.oa than the act OF Congress BY the
constitution laws made IL pursuance Whereof
aad treaties made uader The authority Of the
| United States are both declared 10 be supreme
| law OF the land. and 10 paramount authority is
given 10 one over the other; the last eEpFes-
sion CT the sovereign will must control"
The opinion says that the exercise OF the
powers OF government delegated 20 the
| United States can not Do transferred nor
Lanpered by any consideration OF private
interest, and adds
The exercise Of these public trusts is not
the subject or barter or contract. Whatever
| license, therefore, Chinese laborers may
have obtained previous TO The act OF. October !,
1855, 10 return 10 tho United States after
the.r departure Is held al the Will OF the
! Government, reyocable ~ any Tine ~ ite
pleasure. Whether proper consicerat on by
our Government OF It's previous laws or
| proper respect for the Eation whose subjects
are affected by rs action ought 10 have quali-
fed its inhibition and make It applicable only
TO persons departing nom the country after
the passage Of this act arc not questions for
judicial determination"
End or FAMOUS LAWSUIT.
WASHINGTON May 1.-THE United States
Supreme Court Monday in an opinion by
Justice Bradley awarded the executors or
the Will OF Myra Clark Gaines the sum OF
s.61, 600 against the city OF New Orleans for
the use OF property sold by the city but re-
covered by Hrs. Gaines after long litiga-
tion The judgment OF the lower court
awarding the executor 81, 800 600 for the use
OF the unimproved property sold by the
city was not concurred in
This case probably has been the most inter
esting, the hardested contested and the most
prolonged known 10 the judicial history OF this
country. Over thirty years ago Justice Wayne,
Of tho United States supreme Court, said
that when the historian OF the American
bar should come 10 write up The case
IT would be registered as tns most remark
able in the history OF our courts. The case
had then been before the Supreme Court i've
times in form or another, and has now
been decided many times again. The
first suit In the case brought by Mrs.
Gaines (then the wife OF General Whitney, IN
1854 aad since that time decision has fol-
lowed decision IN regard 10 II until II has be-
come a bywOrd that there was always . Games
case pending This first suit sought TO recover
what was known as the Eyarlste Blanc tract
In New Orleans. Blanc bought The
tract for about $500 from the executors
OF General Daniel Clark, prom
irent citizen OF Kew Orleans He sold 1t and
some other land 10 the city OF New Orleans
for Si5. 900 and the city subdivided TIE tract
and sold u 10 q number of persons for be-
tween 100000 and s100,C00, agreeing 20 de-
ferd all questions OF title, Mrs. Gaines hay
ing a few months before claimed il. The
grounds which Mrs Gaines set up her claim
were that she was the child of General Clark
by "a secret MARI age between him and Zulime
Carriere, "a woman well known IN the city and
that General Clark Sad left a later VIII than
the one under which the property was sold
This secret marriage formed the axis on
VIII. ch the litigation TevO.Yed, and the case
was fought with bitterness by both sides. It
was not until few years before the war
that Mrs. Gaines was finally declared 10 he
the legitimate child as well the lawful
heir Of General Clark. Even then the city of
New Orleans did not surrender, and after the
I war Mrs Games was compelled to bring a suit
for damages. In 1881 the Circuit Court OK the
United States for the Lou siana district gave
Judgment in her favor for g. 92e, GC7. and
II is on appeal from this Judgment
that the case was decided. The pres
ent case II is generally conceded,
exbausts all the resources OF the law and Is
regarded as final settlement OF the litigation.
| Mrs Gaines. fighting 10 the very last for her
| rights is dead and so ~ - believed are an her
immediate relatives except her daughter IN
law. Hattie l.. Whitney. 10 whose name, as ad-
ministratrix OF the estate % Mrs. Caines, the
/ case stands on the court docket