The times. [volume] (Richmond, Va.) 1890-1903, 1895-11-24
NrRA CLARK GAMES CASE
Litigation EIurdIlg tIss FlI'y-1n
Years Broplhl 10 IN End.
ALLOWED TO LAPSE By DiPkIOIIr.
The Original Plaintiff Mas R<en DsAa
Over Ten Years-In 1851 the Prop
erty In Dispute Was Valued ~
cas-. 0Oo. 900 History Of
the Case.

WASHINGTON. Nov. 23.--The famous
Myra Clark Gaines case. u IL 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
Judgment OF the Circuit Court OF the
United States for the Eastern district OF
Louisiana. In favor OF w. W. Whitney.
had been dismissed for failure to print
the records
HISTORY OF THE CASE.
Myra Clark Gaines. then Mrs. w. w.
Whitney mot the w. W. Whitney just
named. instituted the first suit for the
recovery Of the property bequeathed her
in the Circuit Court OF the United states
for the District OF Louisiana, In 1885, and
iive years later II had reached the. SUI
preme Court OF the United states. From
form or another. the controversy has had
a place on the calend3r OF the court.
In 1856. the plaintiff, then a widow,
G Gen,ns sq''f p CANES whom shs SUBJ
sequently married. filed an original OIL!
in the Supreme Court OF the United
States against the city. OF New Qrleaos
cision in her favor was rendered at the
December term. 1851 The value OF the
property claimed was estimated in 1851 10
be <D.uVoOpo.
Suits subsequently prosecuted were
flea for the purpose OF getting possession
OF the property included under the SUI
preme Court Judgment OF 1857. IL was
estimated that she recovered six or seven
million dollars In all. but she derived lit
tie personal benefit therefrom. as IL was
largely eaten by the expenses OF maintain
Ing the litigation. She died January y.
The appeal dismissed yesterday origt-
mated In "a judgment entered by the SUI
preme Court OF the United states Ia 1891.
against the city Of New orleans for
s5g5,3l3, with interest at per cent, from
1881.
Under this decree the Circuit Court for
the Eastern district Of Louisiana issued
returned. no coed"
FIGHTING A MANDAMpS.
Thereupon. Whitney applied for writ
OF mandamus to compel the city Coun-
ell to levy a tax wherewtth to pay the
judgment.
TRe city answered that the ordinary
expenses OF the municipality together
with the interest on its debts or twenty
mi Ion dollars exhausted all the reve-
nues from taxation. the rate OF which
was then as great as the city could I'M
pose under legislative restrictions.
peremptory writ OF mandamus was ISSUED
by the court after hearing the case 10
arrange to pay the Judgment, and frcm
ais decree the city appealed. In the
mean time. however. sediment was ef-
fected with the heirs. and there then
being nothing further In the appeal, the
CITY allowed II to lapse. and the dis
missal yesterday was ordered under tne
rules.
In The history OF the case all the prom
trent attorneys in Louisiana were ensag'
ed either on one side or the otner
For Mrs. Gaines. the attorneys on n IA
tional prominence. who appeared IN the
Supreme Court Of the United States VIII
I'm the last thirty years were Jeremiah =.
HIack. OF Pennsylvania: John A. camp
hell. an ex-iustlce OF the Supreme court,
and Thomas j. Semn'es, OF Lou'siih ma