The herald., 1897-10-19
Foreign Consuls Amenable
to State Statutes
WHEN SUED IN CALIFORNIA
xUBIo CANYON PROPERTY OWN.
ERS NEED NOT FEAR
Bassett Did Not Want to Be Defended
by Attorney Ladd-Compton
Trial Set-Court Notes

A decision was rendered by the su-
preme court yesterday which will be OF
considerable interest to foreign consuls
who have hitherto, on account of their
official position regarded themselves as
not amenable to state laws but only
to the statutes Of the United States.
The decision, brings to a close the
case of Alfred H. Wilcox VS.. Juan M.
Luco, resident Chilean consul at San
Francisco, the action being based on a
promissory note for $4,000. No appear
ance was made by the defendant in the
case and Judgment by default went for
the plaintiff. Then the defendant moved
that the judgment be set aside and the
case dismissed, supporting his motion
with an affidavit which set forth his
official character. and contending that,
by reason OF the facts therein contained,
he was not subject to the jurisdiction of
the courts of this state. The motios,
was granted ard the plaintiff appealed.
The case was first considered in De-
partment two Of the supreme court,
about a year ago. when Justice McFar-
land wrote an opinion, in which Justices
the order of the superior court Of San
Francisco should be affirmed. On mo-
tion Of the plaintiff, the case was then
taken up by the full court, ars6 Justice
Harrison's opinion of yesterday result
ed, being concurredl in by Chief Justice
Beatty and Associate Justices Garoutte,
Van Fleet and Henshaw, the latter hav-
Ing changed his views Stree the hearing
of the case in department Justice
Temple Gid not take part in the matter
and Justice Mcfarland disserted.
The court decided that "the immunity
of ambassadors and public ministers is
not extended by any principles of inter-
ra tional law to consuls. q Kent's Com
men taries, p. "A; Story's Constitution
of the U. S., paragraph 1850, ard Cid
dIings VS.. Crawford, Taney's Deci-
sions, ID
"Section I'll of the Revised Statutes,
as originally enacted, declared that the
jurisdiction vested in the courts of the
United States in the cases and proceed
ings hereinafter mentioned shall be ex-
elusive of the courts of the several
states of all suits or pro-
ceedings against ambassa dors or other
public ministers or against consuls or
vice-consuls.' BY the Act of Feb. 8, 1875
entitled An Act to Correct Errors and to
Supply Omissions in the Revised Stat
utes of the United States section III
was amended by striking out subdivi-
sion eight, aesd Stree that time there has
been no express declaration, in the stat
utes of the United States that the juris-
diction of its courts in action against a
consul is exclusive of the state courts.
at is provided in Section 7C9 of the Re
vised Statutes that "A final judgment o.
decree in any suit in the highest cour;
of state in which a decision in the sui!
could be had. where is drawn in ques-
tion the validity of statute, or an au
thority exercised under any state, on the
ground of their being repugnant to the
constitution, treaties or laws of the
United States, and the decision is in favor
of their validity may be re-
examined and reversed or affirmed III
the supreme court upon a writ of error
Under this section that court has juris-
diction to review the judgment Of 6
state court, whenever it appears from
the record that one of the question
mentioned in the section was raised
anu pTeStultu 10 lHC state court anC
decided by it adversely to the claim as
serted, and if such decision is erroneou:
that court will then examine the entirt
case, and affirm or reverse the judg
ment, according as it shall determine
whether the decision of the. state cour
upon the other matters in the record
was correct or not.
"The supreme court, therefore, hat
jurisdiction to entertain the actor
against the defendant, and as he did no
appear in answer to the complaint or il
any mode present defense to the ac
tion, the court properly rendered judg
ment against him, and its subsequen
order setting it aside and dismissing thu
action was erroneous"