The San Francisco call., 1898-02-17
TO CONTEST
 THE BLYTHE : "' DE DECISION | SIG Another Threatening Suit Is Formally
 Launched. Boswell Blythe Claims He Is Heir to the
 Estate. A Discussion of the Validity of Intern national Treaties
 Involved. IS FLORENCE AN ALIEN? The Leoitirnacy Of Her Birth Is Brought Into Ques-
 ton.
A Discussion of the Validity of International Treaties
 Involved.
IS FLORENCE AN ALIEN?
The Leoitinacy Of Her Birth Is Brought Into Cues
 ton.

A complaint was filed in the Superior Court yesterday morning contesting Mrs. Florence Blythe-Hinckley's pos session to the Blythe estate on the grounds that she is of alien and ille- gitimate birth.
 The latest claimant to the heirship to the Blythe millions and the plaintiff in the present complaint is Boswell Blythe, son of the late James T. Blythe and brother to Thomas H. Blythe.
 The point that the attorneys of the plaintiff will endeavor to prove is the invalidity of the judgment granted to Florence Blythe to the effect that she was of alien birth and consequently eligible to take possession or claim any property in this State or country, even though it be proven that she is the legitimate daughter of Thomas Blythe. She was born in England and this fact is against her so the plaintiff in the present complaint alleges as there IS no treaty existing between the United States and Great Britain which pro- vides for the transfer of property of native born or naturalfZed citizens at their death to alien heirs.
 
 in favor of granting to the heirs of relatives living in foreign countries does not exist at present between this country and England there is, however, a trace of one dating as far back as 17OO. but owing to the fact that since this early period no attention has been given toward a renewal of 1t the attOr- neys for the present claimant aver that Florence Blythe has no valid claim or right to hold property in the United States, she being at the time of the death of Thomas Blythe foreign born child, with whose country there is not the least agreement or well-recogn1zed treaty.
 This constitutes the main and prin- cipal judicial technicality upon which the present complaint is based, and is an embodiment of sections 671 and 6l2 of the Civil Code. These sections of the code are to the effect that any per son, whether citizen or alien, may take hold and dispose of property, real and personal, within the State, provided that the country within which they live has a treaty with this country.
 This, were Florence Blythe born in any country but England, so the com plaint states, would be sufficient guar antee that she Is entitled to the estate as far as her birth Is concerned, but be- ing an English born subject, her claim Is necessarily null and void.
 When she knocked at the doors of the civil courts of this State" said At torney Holladay, they had no right to grant judgment in her favor, as they knew, or should have known, that a treaty between this country and Eng land does not exist"
 In the complaint filed yesterday, in addition to the fact of a non-existence of an alien treaty between the two countries-its main and fundamental basis-a subordinate point of attack will be made in advancing an argument as to the illegitimacy of Florence Blythe's birth.
 Boswell Blythe stated yesterday that as long as Kentucky Blythe is in ex- istence the present suit will be prose cuted against Florence Blythe Hinck- ley for the possession of the fortune granted to her by the judgment of Cali fornia courts.