The morning call., 1894-01-18
THE BLYTHE THUNDERCLAP,

Just as the Supreme Court is about to
decide the appeal from Judge Coffey's de-
cision refusing q new trial in the Blythe
case, the State of California announces its
purpose to intervene with a demand that
the estate be escheated. The step seems
to have taken all parties by surprise ex-
cept Mr.. Estee. And yet it should not
have been unexpected.
Blythe. or Williams, an unnaturalized
foreigner. unmarried and, so far as was
known, childless, dies leaving an estate
now valued at from three to four millions
For this rich prizs swarm of claimants
sprang out of the earth. The claims did
not seem to Governor Stoneman to be we'll
founded, and he directed his Attorney
General, Edward Marshall, to institute
proceedings TO escheat tho property. 1t
was held by the court that the proceeding
must fail On the ground that it was prema-
ture, being Instituted before the expira-
tlon of the five years allowed to alleged
helrs to present their claims. The estate
was not vacant in the meaning of section
474 of sthe Code. Six years have since
elapsed, during which the Blythe heirs
have battled over the estate with the as
s'stance of the ablest lawyers in the State.
One of them. young English girl named
Florence, was pronounced by the Judge of
Probate to be the illegitimate daughter OF
Blythe, and to her the estate was awarded.
From this decision an appeal was taken by
the Williams collateral heirs, and the Su-
preme bench confirmed. as to them, the
decision of the court below. Other claim
ants applied to the Judge Of Probate for
new trial, and on the denial of their ap-
plicatiOn they also appealed. That ap-
peal is still pending.
so much light has been thrown on the
facts by the proceedings in court that the
public are familiar with the controversy,
and 1t has seemed to them TO be squabble
between parcel of speculative aliens and
another parcel Of speculative citizens, the
latter having brought the thing to so fine
point that they formed themselves into an
incorporated company. like mining COM
pany, to mine into the bowels of the Blythe
lots. This being the view taken of the
case Dy observers, the interest taken in the
issue has been small.
1t was undoubtedly this view of the case
which prompted Governor Markham to
intervene on behalf of the State The
contention of Mr.. Estee, who will conduct
the States case, will be that none of the
parties who claim to be heirs of old Blythe
were IN reality heirs; that they were ali
frauds and impOstors alike, and that no
one now living has any claim to the prop
erty OF the deceased. Per contra, Attor-
ney-General Hart will contend that the
English girl Florence. who was called
Blythe. and is now Mrs. Hinckley. has
proved herself to be the daughter of
Blythe to the satisfaction of Judge Coffey,
and that so long as his judgmen. is unre-
versed the Blythe estate is not derelict
and the State has no standing in court to
ask that it be escheated.
These are questions Of law not to be
tried IN the newspap pers. Should the courts
decide tina; Judge Coffey errs, and that
Florence is not Blythe's daughter. there
will be some sympathy tor the little girl
who so nearly got this great fortune into
her grasp and lost it after all. The fact
that the school fund of the State will be
the real heir if Florence loses in the Su-
preme Court should not be considered.
The estate should be settled as the law
directs. The question whether million
aires should be allowed to concentrate
their wealth mainly upon one member of
their family, or even transmit large for
tunes at all, Is one for legis slaiive rather
than for court decision. Neither is the
wisdom of the law allowing illegitimate
offspring to establish relationship matter
for the courts TO pass upon. Ii the Su-
preme Court sustains Judge Coffey's de-
cision, the State cannot claim that the law
under which Florence claims the estate is
immoral or uneven. The way would be
TO amend the statutes.