The Ouachita telegraph. [volume] (Monroe, La.) 1865-1889, 1889-05-18
THE GAINES CASE.
II is Finally Decided by the United
States Supreme Court.

Ii is Finally Decided by the Unite,
states supreme Court.
WASHINGTON, May 13.-The Unitet
States Supreme Court 10 day, in al
opinion by Justice Bradley, awarded
the executora Of the will of Myrs
Clark Gaines the sum of S576, ,O0(
against the, City Of New Orleans fol
the use OF property sold by the city
but recovered by Mrs. Gaines after Ions
litigation. The judgment of the lower
court awarding the executors 81 SOC, ,OO(
for the use of the unimproved property
sold by the city was not concurred in
This case probably has been the mos,
interesting, the hardest contested, and
the most prolonged known to the judi.
cial history Of 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, it would be registered as the
most remarkable In the history Of our
courts. The case had then been before
the Supreme Court in one form or an
other, and has now been decided as
many times again. r.N
The first suit in the case was brought
by Mrs. Gaines, then tho wife of Gen.
Whitney, in 1884, and since that time
decision after decision has followed in
regard to it, until it has become Il by
word that there way always Gaines
case pending. sr1.s, r.. .sa
The first suit sought to recover what
was known as the Evarisie Blame tract
in New Orleans. Blanc bought the tract
for about 81 500 from the executors OF
Gen. Daniel Clark, q prominent citizen
of New Orleans. He sold it and some
other land to the City Of New Orleans
for $45, ,O00,' and the city subdivided the
tract aud sold it to a number of persons
for between 5000, 900 and 800, ,00O agree
Ing to defend all questions oftitle, Mrs.
Gaines having, few months before,
it. The grounds OH which
Mrs. Gaines set up her claim was, that
sha was the child Of Gen. Clarke bv
secret marriage between him and Zu.
lime CarrIere, woman we'll known in
the city, aud that Gen. Clarke had left
a later wilt than the one uuder which
the property was sold.
This secret marriage formed the axis
on which the litigation revolved, and
the case was fought with great bitter-
ness by both sides. 1t was not until a
few years before the war that Mrs.
Gaines was finally declared to be the
legitimate as we'll as the lawful heir of
Gen. Clarke.
Even then the City OF New Orleans
did not surrender. aud after the war
Mrs. Gaines was compelled to bring
suit for damages. In 1881 the Circuit
Court of the United States for the Lou
isiana district gave judgment in her
favor for 81 ,925 ,GG7, and it is on appeal
from this judgment that the case of the
city was decided.
The present case, it is generally con-
ceded, exhansts all the resources Of the
law, and is regarded as final settle
ment Of the litigation.
Mrs. Gaines, fighting TO the very last
for her rights, is dead, and so it is be-
tieved are 81 her immediate relatives,
except her daughter-in~iaw, Hattie l..
Whitney; in whose Hame, as adminis-
tratrix of the estate Of Mrs. Gaines, the
case stands on the court docket. JUS
tice Bradley rendered tho decision of
the court, which was unanimous.
Justice Lamar and Chief Justice Full
Ter were not members Of the court at
the time the case was argued, and took
no part in the decision.