The morning news. [volume] (Savannah, Ga.) 1887-1900, 1889-05-14
Z THE MORNING NEWS,
! EsTAnLIsHED 1879. INCORPORATED 1883
J. h. ESTILL, President.
NYRACLARKGAINE
A SUPREME COURT DECISION IN
HER HEIR FAVOR

The Ruling Awards Her $576,7O7
with Interest at 5 Per Cent. from
1881-Ihe Second Fart o. the Judg-
ment Involv ng S1,348, $50 Disal-
lowed on the Ground That the
Amount Was Based on an Unfair
Reasoning.
NEW ORLEANS, La, May 13-The
supreme court to-day rendered what is be-
heyed to be a final decision in the famous
case Of the Ciuy of New Orlea $. appeilan',
rs, Hatte L. Whitney, administrarix of
Myra Clark Gaines, deceased. the case
came up on appeal from the circuit court of
the United S ates for tie Eastern district of
Louisiana, and was argued at the October
term of the supreme courS in 1888. The
decision to-day, 1t is thought, ends what
probably has been the most interesting,
hardest contested, and most prolonged
litigation known to the judicial histo y OF
this country. Over thi ty years ago
Justice Wayne of the United ates
Supren,e court said that when the historian
of the American bar sh Juld come to write
up the case il would be registered as tle
most re narkable in rhe hiuory of our
courts. Tue case had then beeu before the
supre ne court five times in one form
or another, and has now been decided as
many tunes again.
THE FIRST SUIT.
The first sui- in the case was brought bv
Mrs. Cal es, thea the wife If Gen. w ait
nev, in 1884, and 81 ice that time decision
has followed dec sion in regard to it uni il
it has become a by-wOrd that there was
always q Cal es cass pendi z. This first
suit sought TO recove what was known
the Evarlste Bla tract in New o leans
Mr.. b anc bought the tract for abou 81 500
from the ex cutors of n. d MEL Clark,
prominent cltiZan of New Orleans. he
scld it q d some other land to
city of New Orleans for $450 900, and
the city suhdivi ed the tract aad
sold it to q number Of persons for between
$G0l,0 and 800, 0,0J0, agreeing to de end
ali Iesti nS of tile Mrs. G lines having q
few montns before claimed It. Tne grounds
on which Mrs Gaines set up her claims
were thar s1e was child of g N. Ga K by
secret marriage between him AMI Zllime
Carrier, a woman well-k 10 vn IN be e.,
and that Gel. Clark had left later will
than tne one under which the property was
sold.
AXIS OF THE LITIGATION.
This secret m rriage for ed the axis on
which the litigation revolved and the
cause was foug with bitterness by b
sides. 1t was not u ltil fe y years be ore
the war that Mrs. Gaines was Fl ally de-
clared to be a legitimate child as we'll as the
lawful heir. of G3 B.. Clark. Even tHel the
city OF New o lean did not surren ler AID
after the war Mrs. Gaines was comp lie l to
bring suit fIr damages. In 1881 the circuit
court of the Uai ed States for the Louis
lana district gave Judgment il
hr favor for $l,925,667 and it is
appeal from this jul lginent that the case to-
day as decided. The present c Sc, it i,
ge' eraly conceded, exhausts all e re-
urces Of tho law, and it IS regarded as
faal settlement of the ltiea iol. Mrs.
Gaines, fighting 0 the very last 70" he
rights, is d d, and 50. it is believed, are all
herimnediare relatives exce)J her daughter
iu-aw, Hattie L. Whitney, in who's name,
as administrator If the estate Of Mrs.
Gaines, tre case san g On the court docke..
MADE UP OF TWO PARTS.
he award Of 81 ,925, ,667 made to III S
Gaines by the circuit court was made up of
two parts The tirs5 part wa for the
amou It Of S576.707, which repres3n s, ith
Interest, tie Judgments obtained by Mrs
Gaines in suils LrOught by uer agaiIst over
4OO persons, who occu is1 aud nprov
part OF the estate syld by the city. The
court, In its opinion, al oNS Mrs. Gaines
thlS amount, With interest aJ Dor cent.
HolD 1901, the date the Judgment was
awarded by the l1wer cour
he second part of the ju igment was for
Sl,34o, $50, and was based on an estimae OF
what the unimpr vel part Of th3 estatl
would have yielded if judlcially and provi-
IDENTIFY looked af er. The master who made
up the judgment took thu price the lin
proved ground sold for in 1887, wnei the
feal estate craze Prevailed N5w Orleans,
ana computing interest thereon at per
70 - "l.h interest oI terest, fou ID that
tuls amount should be allowed as tue reve-
nues that should have besa received
IRON the unim proved part of the estate
me supreme court disallows this award
Of Sl,34o 95S on the ground thai it was
pasel on false principl,. Ju tice 3 'ad-
ley reAd re the decision Of 10 court. .whica
was una 4 nous. jus ice Lamar AMI CAief
JUS c' Fuller were not me nbers Of tle
eour1 at The Il ne ne case as arg led, and
G'oA no part IN the deci,iol Jus ice Field
uehvered the OPT lion III the Chinese exclu-