New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-11-24
A FAMOUS CONTEST ENDED.
THE MYRA CLARK GAINES CASE DIS
POSED OF IN THE SUPREME COURT.
CHIEF JUSTICE FULLER ANNOUNCES THE DIS
MIssAL OF THE APPEAL OF THE CITY
OF NEUTRALITY-SUSPICIOUS. OF

CHIEF JUSTICE FULLER ANNOUNCES THE DIS
MIssAL OF THE APPEAL OF THE CITY
OF NEUTRALITY-SUSPICIOUS. OF
THE LITIGATION.
Washington. Nov. 2s-The famous Myra Clark
Gaines case 1t is believed was finally ended In
the Supreme Court of the United States yester-
day. when Chief Justice Fuller announced that
the appeal Of the city Of New-O Orleans from the
Judgment Of the Circuit Court of the United
states for the Eastern District of Louisiana in
favor Of the United States ex rel. w. w. Whit
ney had been dismissed for failure to print the
record.
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 be-
oueathed to her by the will of her father. Daniel
Clark in the Circuit Court of the United States
for the District of Louisiana in 1896. and five
wears later II had reached the Supreme Court of
the United States. From that date, 1884, until
Yesterday in one form or another. the contro-
versy has had place On the calendar or the
court In 1856 the plaintiff then a widow. having
survived both Mr.. Whitney and General r. r.
Gaines whom she subsequently married, nled an
original bill In the Supreme Court OF the United
States against the city Of New-Orleans to recover
property held by IT, and a decision In her favor
was rendered at the December term In 1857. The
value OF the property claimed was estimated IN
1861 to be s35,OOO,OO Suits subsequently prose-
cuted were fled for the purpose OF getting pos
session Of the property included under the SUI
preme Courts Judgment of 1867. 1t was estimated
that she recovered Sc OOOO 900 or 100000 worth in
ALL but she derived little personal benefit there
from. as il largely eaten up by the expenses
OF maintaining the litigation She died on Jahu-
AIRY g. 1883
rdo,, iCin cd In a
Judgment entered by the Supreme Court OF the
United States in 1891 in favor Of Whitney: the
administrator and against the city or New
Orleans for S59o313 with interest at per cent
from 1881 Under this decree the Circuit Court
for the Eastern District of Louisiana issued an
execution against the city; which was returned
writ Of mandamus to compel the city Council 10
levy tax wherewith to pay the Judgment The
city answered that the ordinary expenses OF me
municipality together with the interest on It's
debt OF $40 900 000 exhausted the revenues from
taxation the rate Of which was then as great as
the city could impose under legislative restric-
ton. peremptory writ OF mandamus was Is
sued by the court after hearing the case, to ar
range to pay the judgment, and from this decree
the city appealed In the mean time. however
settlement was effected with the heirs and there
then being nothing further In the appeal the city
allowed it to lapse. and the dismissal yesterday
was ordered under the rules
In the history OF the case all the prominent at
torneys In Louisiana were engaged on one side or
the other For Mrs. Gaines the attorneys OF Ma
tional prominence who appeared In the supreme
Court of the United States within the last thirty
wears were Jeremiah :. Black, Of Pennsylvania:
John A. Campbell an ex-Justce OF the supreme
Court and Thomas j. Semmes, OF Louisiana.
Myra Clark Gaines the daughter OF Daniel
Clark a citizen OF New-Orieans OF Irish birth. who
in 1903 privately married Zulme des Oranges. a
French woman. the reputed wife OF one des
Oranges who. 1t alleged had wife living at
the time OF his marriage to Zume Myra. the
second child OF Mr. Clark by this woman. was born
delphs where she was known as Myra Clark. In
1890 she married w. w. Whitney Shortly after
this she received information that she was the le-
climate daughter Of Clark and that he had by his
will given all Of his large estate TO her. This Will
was never found and her efforts 10 obta posses
sion Of the estate given by II TO her led to the long
and famous litigation which has just been ended In
the United Stetes Supreme Court.