The San Francisco call., 1897-04-09
A Far Reaching Attack
in the Federal
Courts.
Jeff Chandler Has Caused Cd
Lawyers to Prick Up
Their Ears.
JUICE Morrow About to Say Whether
Aliens May Inherit Lands in
the United States

Lawyers throughout the State are greatly
interested in the legal battle now going
On in the United States Circuit Court and
in the Supreme Court of the United States
over the distribution of the Blythe mil
lions.
The time for the filing of briefs on some
of the important phases of the controversy
on behalf of the defendants Will expire
in the United States Circuit Court on
Monday, after which the plaintiffs will
have fifteen days for replying. 1t is likely
that there will be some closely contested
points between now and the final submis-
sion of the case.
Though the litigation has been present.
ed in many phases the general public does
not understand the scope and possibili-
ties of the assault which Attorneys Burke
Holladay and Jeff Chandler have made
upon Florence Blythe and all claiming
share In the property by reason OF her
title.
1t is alleged by the aggressors in the
present litigation that John w. Blythe of
Kentucky and Henry L. Blythe of Arkan-
sas are the only heirs of the late Thomas
Blythe. To establish their contention
they have obtained a writ of error from
the Supreme Court of the United States to
the Supreme Court OF the State and have
begun suit to quiet title in the United
States Circuit Court.
The position of Messrs. Holladay and
Chandler is that the power to determine
the rights OF aliens is wholly Federal
power, and that the rights of aliens cannot
be the subject OF adjudication in State
courts.
The record in the Blythe case shows be-
yond dispute that Florence Blythe was
born abroad, and that she is an alien whose
rights cannot be passed upon by State
courts.
There is no treaty or Federal law per-
mitting aliens to inherit lands in this coun-
try, said Mr.. Chandler yesterday, "and the
whole question is whether the State may,
in the absence of a treaty or Federal law,
occupy the field and pass laws. We saw
that the matter is wholly beyond State
Jurisdiction; that no State can thrust it.
self into this region of foreign rights or
project its power so far as to assume iuris.
dlction over the rights of Englishmen and
! other aliens. 1t was decided in the One
Hundredth United States Reports, in
Virginia case, that State cannot forbid
aliens from inheriting. By parity of rea-
sonlng State cannot provide for aliens to
inherit. In other words, we contend that
the whole question of the property rights
OF foreigners is matter for the United
States courts TO decide.
IF the United States courts should
agree with us it would summarily end the
claim of Florence Blythe, for the judg-
ment of the State Supreme Court would
be set aside. Our clients are the only citI-
zens of the United States who lay claim to
the estate, and We apprehend no serious
trouble with any other heirs if we can get
Florence Blythe's title set aside"
Whatever becomes of the case it will be
I'M portant as the first one that has ever
arisen wherein the point was made. 1t
will therefore be OF great value as a his
torical precedent.
The position of CARRIER, Boalt Bishop,
Hart and others, who represent the Flor
ence Blythe claim, is that the State has
the absolute right to regulate the descent
OF land so long as it's laws are not in con-
t1lct with the constitution of the United
States and the laws ana treaties duly
made by the Government.
It's generally regarded by well-informed
LAWYERS that the point above outlined, as
insisted upon by Attorney Chandler, is
one of grave importance, being far-reach-
ing In Its consequences to this case as well
as to many others that NAV arise.