The evening times., 1897-04-01


lions in mines and speculation, and died
at the age of seventy. About twenty years
ago, the romance runs. Mr.. Blythe re-
visited Europe. In London he met Juli1
Perry, the meeting as set forth in the
original proceedings being stated to have
been on the street. About two months
after the death Of Blythe a girl about
eighteen years OF age turned up, having
assumed the name OF Florence Blythe, and
claimed to be the daughter of Blythe and
Julia Perry. Florence Blythe had never
beer in this country until two mon tbs after
the death OF her alleged father, but the
statute law of California favored her suit,
which began about ten years ago, went
from court to court, was twice before
the California supreme court, and is row
before the tribunal of last resort.
Florence Blythe, or Mrs. Blythe -Hinekley,
is now in full possession OF the property,
but the reopening of the case has stirred
the other side to activity.
In talk yesterday with Mr.. Chandler,
he reviewed the case and stated what he
expects to prove to the Supreme Court
and the law which he expects to have
affirmed
''Un!er the laws of California" he
said, "there is q provision that an alien
may inherit TO the same extent as a
citizen OF the State. Florence Blythe is
an alien, and the supreme court of Cali
foTnia has allowed her to inherit. The suit
is now brought into the Supreme Court of
the United States by writ Of error, to
review the question whether the State OF
California had any jurisdiction or power
TO oil oh
and who never lived in California. the
right to take real property by descent.
ave contend that the California statute
purporting to give the right to take real
estate by inheritance is void for the want
of power in the State of California To grant
any such right. We hold further that the
status, the rights, of an alien are wholly
and exclusively within the Jurisdiction of
the Federal Government, with which the
States have nothing to do; and the sole
claim of Mrs Blythe Hinckley to this prop
erty depends upon the validity of a Cali
fornia statute which tits claimed gives an
alien the right 70 Inherit
ION the contrary, we maintain hat there
is no treaty between this country and Eng
land that justifies or sustains such in
heritance; nor is there any Federal statute
permitting IL. We say that there must be
some affirmative statute OF the country
where the property is which grants it to
aliens, or they cannot take it. As have
sad. the only affirmative law in this case
is the State statute of California
The Supreme Court is now, therefore,
asked for the first time whether a statute
has the power to qualify an alien 30 in
herit 4"
Mr.. Chandler referred to the act of the
last Congress excluding anarchists and
some other classes. Now" said Mr.
Chandler, ''if a State has the power without
the Federal Government to grant the right
ofinheritance to aliens by statute. then the
federal authority would be made void"
He also pointed out, citing the Maryland
legislation before the war, in favor Of
French Immigrants, that the application of
the California statute generally, would
involve the doctrine OF special privileges,
the preference Of any particular class of
citizens over another.
Mr.. Chandler is at the Riggs House Gen
W. Fl. H. Hart, of San Francisco, leading
counsel for Mrs. Hythe-Hinckiey, is also
here. He will no doubt move the court to
have the writ dismissed, which motion
may be made within thirty days after
the filing OF the same. The Florence
blythe side of the case affirmed on the
trial that the two Biythes mentioned
above as heirs are not relatives OF the
late Thomas II. Blythe and therefore
that they have no standing in court
The law point in the case made by Mr..
Chandler is however, now the important
consideration and It's determination viii
be looked forward to with great interest
not only in San Francisco, but everywhere
in the United States
With Mr.. Chandler In the case are F.
Burke Hslladay and s. W. HALFWAY, Of
the San Francisco bar.
Gen. Hart's review of the case is also
very interesting Part of it follows:
Blythe, who was a welshman, came to
California in 1s49. His real name was
Williams, as came out in the fight for his
property. In the early days he was a
peddler, and also raised eabbages on the
Sand Lots. He invested with wise fore
sight in those lots. and later on came to
be one of the heaviest holders of valuable
city realty. He was fortunate In specu-
latiens, too, and so when he died there
was no lack of claimants for his fat estate.
He was OF reserved nature, and out rev
people knew anything of his earlier history
''Unelcs, aunts. nephews, nieces, and
cousins began to turn up from every quarter
OF the globe to claim share OF the de-
ceased possessions There were heirs from
Wales, Ireland. Scotland, India and even
from Ceylon. There were, in fact. twenty
two sets Of claimants, representing 156
persons, including two women who claimed
to be Blythe's widows. On the trial the
dead man was proved to have had nine
mothers. But back la London was
the only rightfuI heir, In the person OF q
young girl, the nlegitimate daughter of
Blythe. He had never seen his child. hut
had corresponded with her, and there was
no question of the relationship. This girl |
came on to San Francisco, and the legal