Evening capital. (Annapolis, Md.) 1884-1910, 1889-05-14
A CELEBRATED CASE
The Myra Clark Gaines Contest
! Finally Dsoiidis1a.
OVER HALF A CENTURY IN COURT.

The Most Remarkable Case in the His
tory OF American Litigation Finally
Decided by the United states Supreme
Court IN Favor OF the CIaimant-The
Chinese Exclusion Act Sustained.
WASHINGTON, May 14.-The United
States supreme court, in an opinion by
Justice Bradley, awarded the executors
Of the viii Of Myra Clark Gaines the sum
Of S576, 900 against the city Of New Or
leans 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
100000 for the use of the unimproveds
property sold by the city was not con-
Cured IN.
Most Remarkable Case In History.
This case probably has been the most
interesting, the hardest contested, and
the most prolonged known to the ju-
dicial 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 remark
able IN the history of our courts. The
case had then been before the supr me
court five times in one form or another,
and has now been decided as many times
again.
Over Fifty Years In Court.
The first suit in the case was brought
by Mrs. Gaines (then the wife of Gen.
Whitney, in 1884, aud since that time
decision has followed decision in regard
to Ii, until it has become byword that
there was always Gaines case pending.
This first suit sought to recover what
I,oe known as the Evariste Blanc tract
= - ew Orleans. Blanc bought the tract
LDoilt 81, 500 from the executors of
n. Daniel Clark. prominent citizen
pof New Orleans. He sold it and some
other land to the city of New Orleans for
$4,000 and the city sub-divided the
tract and sold it to number of persons
for between 5000, 900 and S700, 200, agree
ing to defend all questions of title, Mrs.
Gaines having few months before
claimed it.
Secret Marriage the Cause.
The grounds on which Mrs. Gaines set
up her claim were that she was the child
Of Gen. Clark by a secret marriage be-
tween him and Zulime Carriere, wo-
man well known in the city, and that
Gen. Clark had left later will than the
one under which the property was sold.
The secret marriage formed the axis on
which the litigation revolved, and the
case was fought with bitterness by both
sides. tt was not until within few
years before the war that Mrs. Gaines
was finally declared to be the legitimate
child as well as the lawful heir OF Gen.
Clark. Even then the city of New Or
leans did not surrender. and after the
war Mrs. Gaines was compelled to bring
q suit for damages.
Final Settlement.
In 1881 the circuit court of the United
States for the Louisiana district gave
Judgment in her favor for 81 ,02J ,667,
and it is ON appeal from this Judgment
that the case was decided. The present
case. it IS generally conceded, exhausts
all the resources of the law, and is re
garded as a final settlement of the liti
cation. Mrs. Gaines, fighting to the
very last for her rights, Is dead and SO
IL IS believed are all her immediate rela-
tives, except her daughter-in-law, Hat
tie l.. Whitney, in whose name as adj
ministratrix Of the estate of Mrs. Gaines
the case stands on the court docket.
The Chinese Exclusion Act Is Valid.
WASHINGTON. May 14.-The supreme
court rendered an opinion IN the import
ant case fOl Nffttc IlldlN 1AHk, upper
liant. VS.. the collector of the port of San
Francisco. This is suit brought to
test the constitutionality of the Scott
Chinese exclusion act. Shortly after the
Scott exclusion act went into effect,
Chae Chang Ping returned to the United
States from China. and underworld to
secure entrance Mt the port of San Fran
cisco. He had left this country armed
with certificate emitting him to return,
uttle certificate was declared invalid by
the Scott act
Johns Inhospitable Reception.
The collector refused him admittance,
and suit was then brought in the United
States courts for the district Of Cali
fognla to test the constitutionality of the
Scott act. In accordance with the pro-
visions of which the collector acted. The
california courts upheld the consti-
tutionality of the act. and from this de-
cision the case comes here on appeal.
This court aIiirlns that Judgment. II
holds that congress has the power 20 alb
rogafe treaty, and IN support of that
view cites the authorities of the courts
on the subject, holding that the propriety
of such action is not q matter for judicial
cognizance. but that 1t is q matter for
the political. Congress, il SAYS, has the
power to exclude aliens from the country
whose presence il deemed inimical e
our interests.
The Court Adjoarns.
The Judgment iii Sharon vs.. Terry
and wife was affirmed BY the court
unanimously.
A large number of other decisions OF
merely local or personal interest were
handed down by the court before ad
iournment for the summer vacation.
A Wet Track at Louisville.
LoursvsIIE. May 1.-THE track wa
very wet and attendance light.
First race, lilo sniles-BadQer. L Unlucky
= St0ney Montgomery. 8 Time. 1s565k.
second race. the Alexander stakes. Tor ?
year-olte. Il of IL lnfie--p Penn ~. 4; Uncle Bob
= starter Caldwell. 3 Time. l:u4
Third raee, Us .fnile Famine, l; Maa0