The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-11-24
CLAIM OF MYRA CLARK GAINES.
The Famous Case Finally Ended in
the supreme Court.

the supreme Court.
Washington, Nov 2S.-The famous Myra
Clark Gaines case, it is believed, was
finally ended in the supreme court OF
the United States yesterday, when Chief
Justice Fuller announced that the appeal
of the city of New Orleans from the judg-
ment of the circuit court of the United
States for the Eastern district of Louisi-
ana in favor of the United States ex rel,
w. w. Whitney was dismissed for fall
ure to print the record. Myra Clark
Gaines, then Mrs. w. W. Whitney (nos
the w. w. Whitney just named), insti-
tuted the first suit for the recovery OF
the property bequeathed her by the Will
of her father, Daniel Clark. i'm the circuit
court of the United States for the dis
trict of Louisiana, in 1896 and five years
later it had reached the supreme court
of the United States. From that date, 1S4I.
until yesterday, in one form or another,
the controversy has had a place on ths
calendar of the court. In 1856, the plain
tiff, then a widow, having survived both
Mr.. whitney and Gen. +. L. Gaines, whom
she subsequently married. filed an origi-
nal Dill in the supreme court of the Unit
ed States against the city of New Orleans
TO recover property held by it, and a de-
cision in her favor was rendered at ths
December term in 1867. The value OF
the property claimed was estimated in
1861 to be $35,00O0O0. Suits later prose-
cuted were filed for the purpose of get
ting possession of the property included
under the supreme court Judgment Of 1867
II was estimated that she recovered six
or seven million dollars worth i'm ALL bur
she derived little personal benefit there
from, as il was largely eaten up BIZ the
expenses OF maintaining the litigation. She
died Jan. g. 1895.
The appeal dismissed yesterday origi-
mated in a judgment entered bV the su-
preme court of the United States in 1891
i'm favor of Whitney. the administrator
and against the city of New Orleans. for
$595, 3l3, with interest al FIVE per cent from
1881. Under this decree. the circuit court
for the Eastern district of Louisiana is
sued an execution against the city which
ThereupOn. Whitney applied for a writ OF
mandamus to compel the city council to
levy a tax wherewith to pay the Judgment
The city answered that the ordinary ex-
penses Of the municipality together with
the interest on debt of S30,000000 ex-
the city could impose under legislative
the rate OF which was then as great as
the city could impOseu uder legislation
restrictions. A peremptory writ of man
damuS was issued by the court, after hear
ing the case, TO arrange to pay the iudg-
ment and from this decree the city aD-
pealed. In the meantime. however a set
tlement was affected with the heirs and
there then being nothing further in the
appeal, the city allowed Ii TO lapse and the
dismissal yesterday was ordered under the
rules.
In the history of the case. all the promi-
nent attorneys i'm Louisiana We're engaged
either on one side or the other For Mrs
Gaines, the attorneys of national promi-
nence who appeared in the supreme court
of the United States within the last thir-
ty years were jeremiah s Black, of Penn
sylVania. John A. Campbell, an eX-justice
Of the supreme court, and Thomas ].
Semmes of louisiana