The Washington times. (Washington [D.C.]) 1901-1902, 1902-03-25
United States Supreme
Court Will Decide
Jurisdiction.
ADI0URNS For TWO WEEKS
Opinions Handed Down in Blythe Case
and That of the Aristotype Company,
Which Seeks to Recover $4,000 of
Taxes.

The United States Supreme Court yes
terday handed down a number CT deci-
sions and then took a recess fer :wo
weeks.
The Admiral Sampson prize money case
originating in the capture OF the Maria
Teresa at the battle CT Santiago, July g.
1898, came up upon a motion TO dismiss
the appeal of the United States from the
judgment of the Supreme Court of the Dis
trict of Columbia ordering condemnation
and sale of the vessel.
The Court of Appeals OF the District
refused to entertain the appeal, and all
parties, including Admiral Dewey, who
had a case pending in the District ST.
pre.ne Court on account of the captures
at the battle of Manila Bay, May /. 1898,
desire the Supreme Court OF the United
States to entertain the appeal which was
filed last week.
The motion to dismiss was pro forma
in order to bring the case to the atten-
ton of the court on the question OF juris-
dicton.
Passed on -Four Times.
For the fourth time during the past few
opinion involving the estate OF the late
Thomas Blythe. of California.
After the case had been decided two or
three times a corporation was formed in
California TO continue the contest for the
money. Florence Blythe was the daughter
of an English mother and took her citi-
senship She inherits her fathers estate
by virtue of California statute enabling
aliens TO inherit property in that State.
There is a Federal statute prohibiting
aliens from inheriting property in terri
tory under the jurisdiction Of the United
States Government tthe Territories and
the District of Columbia). and the Blythe
corporation claimed that the California
statute was unconstitutional, in that it
was an invasion OF the treaty-making
power vested in the President and the
Senate
The decision in the court below was
against the corporation, and it applied to
the Supreme Court for writ of certiorari
TO bring the case up for review. That
application was denied.
Quick Action Granted.
Quick action was granted upon The case
81 the Arisiotype Company Of jamestown.
y y, which sued TO recover ABOUT 500 Geo
taxes paid on alcohol by il N tle process
O.. f-r The claim w2s Nzscd
upaa .l On Of the Dlngisy l2~
.-n ra hate CT thu tax On al
a &c arts. under such rsEu-
Rotary OF the Trezs1r.
Tbl .cided that satisfactory
regulations could not Be made. and in the
case Of Dunlap - United States the court
Id - los Frr
be sustained, the decision being BIZ q bare
majority TO 1.
The Aristotype Company set up that
It had reduced the price OF its products
because OF the act Of Congress. a point
not made in the Dunlap case. The court
heard Mr.. ". 3. Hornblower argue the
case last Friday for the claimants. and
yesterday announced that the decision OF
the Court Of Claims against the Aristo-
type Company he'd been affirmed on the
authority Of the Dunlap case
Small Land Claims.
few small land claim cases were de-
riied by the court one of them from Cali
fornia-Mary Z. H. Gwin vs.. the United
States-haying been in litigation since
1852, and being dismissed as coming with
il none of the accepted classes OF land
claims.
The judgment of the Circuit Court Of
Appeals was affirmed in the case OF
George F. Emblem VS.. the Lincoln Land
Company OF Nebraska, where title to land
was given by q special act of Congress,
the act being held 10 be constitutional
The Tulare Irrigation district of Cali
fornia lost its case against A Shepard, in
yolving $4,000 in bonds. The contention
ba no frrivat district Wax MT
properly organized and the Circuit Court
of California held the plaintiff in the case
to be q bona fide owner of the bonds. a
decision sustained by tine Supreme Court
Of the United States.