The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1896-08-09
MNYON'S WILL GOOD.
1r1ge Hanford on the Status
Of Alien Property Holders.
81 WAGE IN WILLAMETTE CASE.
- Tueboat Companies Get %, 800
1sriy Closing Ordinance Case Taksn
20 the supreme Court.

1ssee Hanfors sitting In the United
ssstxs circuit court. yesterday rendered
fscssson III the case Of Mary Ann Brig
ar ard Cynthia Perry vs.. Benjamin
rsayon ct al. favorzbse 20 the latter.
TIE suit was brought 20 sef aside the
~. o. the late j. Gardner Kenyon. an
secsn.fsc capitalist, WHO died IN this city
eoap.e OF years ago leaving large bold
lrxs OF valuable property IL this city and
eagsty. TIE decision. which Was rendered
81 demurrer. 70 importan. as II has
ssnsthEng to say az 70 the status OF alien
asepersy holders in this state, the r5gRt
4 Iease property 70 aliens By viii. and
a. rlzat OF aliens 70 inherit property.
1.,sVe Hanford IN effect holds That Ken
y1n's VII Is valid and that BENJAMIN Ken
ssr mas q legal right 10 inherit the prop
rty under e. Judge Hanford says:
s~Ths bll of complaint alleges owner
saso nv one J. Gardner Kenyon. deceased.
n real estate IN the state OF Washington.
snd a vii made By him devising real cs-
txfs To benjamin. Kenyon. who II alleged
q be an alien and a subject of Great
prtfasn The complaina1tg. as heirs Of
xsd ] Gardner Kenyon. seek a consfruc-
To- II the Will. and q decree Of the court
determining that the heirs at iaw are en-
tfIed 10 the estate as II Gardner Kenyon
had died lnfestase. and base their eonten-
toa on section 20 OF article % the con-
s.s.utlon Of the state OF Washington.
witch reads as follows:
The ownership Of ian6s By aliens.
other than those who In good faith have
tscsared their intention TO become cIti-
sans Of the United States. ir prohibited In
~ state. except where acquired BY In
hesitance. under mortgage or In good faith
4 the ordinary course OF Justice In the
ccsecfion OF debts: and al conveyances
q sAn1s hereafter made 10 any allen d.
sectly. or IN trust for such alien. shall De
soit: Provided, that the provisions Of
tAs section shall not apply to lands con-
a.nsng valuable deposits OF minerals, met
A iron, coal or FIRE clay. and the neces-
ssry land for mills and machinery 10 be
wed In the development thereof and the
manufacture of the products thsrefrom.'
The defendants have demurred to the
BIZ. and they contend that O construc-
f:un must be given TO the above section OF
the constitution 10 give effect to the word
inheritance 90 rs TO Include the success
slon 70 ownership OF real estate OF de-
ceased persona. by devise. a. well as by
operation OF law In cases OF persons dy-
ing iatessate: and that the word void
must be limited In its meaning 20 that In
s,raments conveying real estate are only
made nen-effsctsve as against proceed
lngs lawfully instituted by thu state for
the purpose OF depriving alien grantees
Of estates thereby conveyed.
I'm 1857 congress- passed an act contain
lac the following provisions;
ut shall be unlawful for any person
er persons not citizens Of the United
Bates, or who have not lawfully declared
stslr intention 90 become such citizens,
80 TO hereafter acquire. hold. own real
state so hereafter acquired. or any IN
sr-est therein. In any OF the territories OF
tAs United States or In the District OK
Gambia, except such as may be acquired
by Inheritance or In good faith In the or
tnary course OF justice in The collection
q debts heretofore created
Sec. 4 That al property acquired.
he'd or owned In violation OF the provis-
sena Of this act shall be forfeited TO the
tinted States. and Il shall be the duty OF
the attorney general TO enforce every such
forfeiture by bill In equity or other proper
process
AT the time OF the adoption OF our state
eonsiifutlon. the following statute in re-
xari 10 the equal rights OF aliens with cst-
ssens In acquiring real estate was In fcrces
s'Any allen, except such "a by the laws
Of the United States are incapable OF be-
eomlng citizens OF the United states. may
acquire and hold lands, or any risht
hereto or interest therein. BY purchase.
sevlse or descent, and he may convey.
Mortgage and devise the same. and IL he
sAall die lntestate. the same shall descend
o his heirs; and IN all cases such lands
Sall be held, conveyed. nlortgaged. or de-
usesi, or snail descend, IN like manner and
vth like effect as II such alien were q
rtizen OF THIS state or OF the United
Safes
"and tho following statute In regard TO
sis was In force: Every person who
shsh have attained the age Of majority.
Of sound mind may by last viii devise all
his or her estate. real and personal.
1T viii be observed by reference TO tina
sst OF congress above quoted that u IL
ore declaring the policy OF the United
Bates and In no sense one for the terri
terry OF Was lington. Nothing In that act
eansrsvenes any policy OF the territories.
Dor Is Il contemplated that the territories
saasi In any manner b. Instrumental in
Ne vindication OF the policy. Congress de-
cares tho acquiring, holding or owning
lands by an alien 10 be unlawful While
r In every form % the requirement. hold
sg or owning, denounces the act as an
unlawful one. n recognizes the ability Of
ses forbidden person 20 do the unlawful
az. and reserve 10 itself. by the fourth
stfson. the right OF vindicatlng the Law
and lndsctiag upon the alien the conse-
Sasaees OF his unlawful act ia acquiring
e. ewnlnx the land by forfelting the same
70 the United States. so that 50 FAR ths
an stood ~ 90 the time OF the adoption
o. tAs constitution. the territory Itself and
- eissxens were in no condition 70 COM
e,aln Of any violation o. shat act because
vas the sole nrerogative OF ire United
safes. II viii - seen. on the other hand.
that The legislature % the territory, 50 far
~ L wAs concerned expressly recognized
ast provided for the rights OF ownership
q feai estate I'm aliens n every respect As
= citizens 81 ths territory. measuring
those - ths -lien - those Of ire citizen.
The iaw IN force also gave equal right OF
ttFsstnE feal estate hy will 20 the eltlzen
All allen. with the sauna unrestricted right
q naming aevisees. whether aliens or
ssix<rs
III Is difficult 20 determine what. . any.