Evening star., 1901-02-25
SUPREME COURT DECISIONS
CONTEST OVER THE BLYTHE ES-
TATE FINALLY DISPOSED OF.
Important Opinion on the Subject of
ENtrnditiOn and Proceed
ings Hereunder.

The chief Justice today announced that
the United States Supreme Court would not
sit for business Monday next, March l.
because of the Inauguration ceremonies
Motions will be heard and opinions delivered
on the Tuesday following.
The court today did not announce its opin-
ion in the cases involving the relations OF
the United States to the insuar possessions.
The case of Roswell NJ. Blythe agt. Flor
ence HinckIey sumarily disposed OF IN
an opinion by Justice Peckham, the de-
cision being in favor of Hinckley as in the
supreme court of California, from which
court the case was brought to the United
States Supreme Court on writ of error. Inc
point raised in the case was whether a
state law is sufficient to permit an alien 10
inherit property in cases in which the allen
is a resident of a country with which there
is no treaty covering the question. Inc
court, however, did not enter upon the dls-
cusson of this contention. but dismissed
the case with the remark that the petition
was frivolous because evidently filed for de-
Law The case involves the estate of the late
James r Blythe of California. and it has
several times been before the Supreme
Court.
The Question of ExtraditiOn.
A decision was also rendered in the cases
of Fred Lee Rice, Frank Rutledge and
Thomas Jones, holding that the men We're
subject to extradition TO Canada. The case
has attracted considerable attention be-
cause it raised an international question
The three men were arrested in Chicago as
fugitiVeS from justice for offenSeS commit
ted in Ontario, Canada, and upon an effort
being made to extradite them they sought
to secure writ of habeas corpus from the
district court of the United States for the
northern district of Illinois on the ground
that the United States commissioner who
heard their cases had received them
upon information and belief. and
that this proceeding was not JUS
tifiahle in an extradition case The
court held against the petitioners on the
ground that while one of the counts or the
complaint was upon information and be-
lief only, the other three were made upon
the knowledge of Canadian officer, ana
these were competent TO Justify extradl-
ton.
Referring to the case, Justice Brown, who
delivered the opinion of the court, said;
I'VE do not wish to be understood as
holding that in extradition proceedings the
complaint must be sworn to by persons
having actual knowledge of the offense
charged. This would defeat the whole OBJ
ject of the treaty, as we are bound 10 as
sumo that no foreign government possesses
greater power than our own to order its
citizens to go TO another country to insti-
tute legal proceedings. This is obviously
impossible. If the officer of the foreign gov
ernment has no personal knowledge OF the
facts he may with entire proprety make
the complaint upon information and belief,
stating the sources of his information and
the grounds of his belief, and anneXing to
the complaint a properly certified copy OF
any indictment equivalent proceeding
which may have been found In the foreign
court. a copy of the dispositions of wit
nesses having actual knowledge of the
facts" The opinion of the Illinois district
court affirmed.
Debenture Company Defeated.
ole oy1iD in q
case of the New Orleans Debenture Com
pany of Louisiana agt. the State Of Louis
lana, upholding the decision Of the supreme
court of Louisiana, which was adverse to
the company. The state proceeding was
based upon the ground that the business of
the company was contrary to public policy.
The case was appealed on the complaint
that the state proceeding amounts to the
taking of property without due process of
law.
Other Decisions.
Through Justice Shiras an opinion was
handed down In the case Of James Holly
against the Domestic and Foreign Mission
ary Society Of the Protestant Episcopal
Church. The case came to the Supreme
Court from the circuit court of appeals for
the second circuit. 1t grew out of an ef-
fort on the part of Holly to recover 1900
which an attorney Of his named Thompson,
had paid over to the missionary society on
account of the estate of DR.. Paul of Phila-
delphia OF which Mr. Thompson was eXecu-
tor The case was decided in favor of the
missionary society on the ground that that
organization had not had knowledge of the
insolvency of Thompson, which had caused
him to misappropriate his clients money in
order to keep faith with the society.
Justice Shiras also delivered opinion in
the case of Homer Bird, under conviction
from the United States district court for
Alaska for the murder of J. N Hurlin in
the Yukon river in 1898. The verdict Of the
Alaska court was reversed and 1t was or