The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-03-21
A BUG Is IN THE MEASURE
SPECIAL LEGISLATION THAT AT
FECTS THE CELEBRATED
BLYTHE CASE.
ERNoR, WHO HAS FULL
INFORMATION.

An attempt has been made to secure the
passage of special legislation affecting the
Blythe case. The measure drawn up for
that purpose is Senate bill 762, relating to
dismissal of appeals by the Supreme Court.
1t passed both houses of the Legislature
and is now in the hands of the Governor
He has been informed as to its character,
and inasmuch as he refused to sanction
similar legislation affecting the Fair will
case, in which, as an attorney, he is inter-
ested, it is thought hardly likely that he
will approve this measure.
~ have just been informed by gentle
man, whom shall not name" said Attor-
ney Highton last night, "that bill has
passed both houses of the Legislature, and
is now in the hands of the Governor, which
was drawn up ESQ stated by it's authors) for
for the purpose of enabling the attorneys
for Mrs. Hinckley to close up the Blythe
case within thirty days. 1t is Senate bill
1852, and it is most fragrant case of special
legislation"
Upon the surface the bill mentioned is a
harmless though unnecessary measure. 1t
adds nothing to the powers of the Supreme
Court, but makes it obligatory on that
tribunal to do just what it has always
done-dismiss an appeal in which there is
ITO IL gives, however, 10 the re-
spondent the power of curtailing almost at
pleasure the period that the court shall
take for the consideration of an appeal
The proposed statute is a short one, its full
text being as follows:
The People of the State of California repre-
sented in Senate and Assembly do enact as fol-
lows:
Section 1. new section is hereby added to
the Code of Civil Procedure of the State of
California, No. 900, as follows.
Section $50 All appeals heretofore taken, or
that hereafter may be taken, to the Supreme
Court without merit, or by one who has no in
terest in the subject-matter of said action or
proceeding, must be dismissed on the motion of
any party interested upon ten days notice
being given to the party whose appeal is sought
to be dismissed.
Sec. 2. This act shall take effect Immediately
The ''bug in the BILL which renders it
retroactive and special legislation and
which makes it apply particularly to the
heretofore taken" The legal status of
the Blythe case at present is peculiar
While an appeal from the main question
was pending Mrs. Hinckley applied for
partial distribution of the estate. The de
cree was granted and from the unusual
proceedings Alice Edith appealed. That
appeal is still pending, and the estate can
not be finally settled till it be decided.
The contention of the attorneys for
Mrs. Hinckley if this bill becomes law, ,"
said Mr.. Highton, Twill be that since Mrs.
Blythe has been shown not to have been
the wife of Thomas H. Blythe she is not
party in interest. Then under the provi-
sions of the bill they will demand the dis
missal of the appeal within ten days. The
Governor has been notified of the matter,
both by wire and by mail"
Yesterday the bill was shown to several
prominent attorneys of this city. OF them
j. I'll. Tam of 120 Suffer street, who for two
terms occupied the bench in San Joaquin
County, said:
The measure is most peculiar and must
have Joker in it somewhere. Its provi-
sions are ridiculous, for no one not party
in interest can take an appeal and if an
appeal is without merit the Supreme Court
dismisses it anyway"
Other attorneys expressed views in &C.
cordance with those of Judge Tam, but
when they were told that the Blythe case
was affected the request was invariably
made that they be not quoted by name, as
they had friends closely interested in the
final result of the case.