The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1914-06-16
CARRY CASE To
SUPREME COURT
John Armstrong ChaIoner Max.
ing Stubborn Fight To Re-
gain Fortune

John Armstrong Chaloner. the &c
centric New Yorker who under the
law is sane in Virginia and insane in
New York, and who is suing Thomas
II. Sherman, appointed a commissioner
of Chaloneris person in 1901. in order
to regain his fortune, will appeal from
"A decision rendered against him Nv
the United States Circuit Court OF
Appeals and has employed distin-
guished counsel Ga former North
Carolinian) to take his case to the
United States Supreme Court. A
local article in a recent COPY of the
Richmond Dispatch says:
Undaunted by the action Of the
United States Circuit Court Of Ap-
peals of New York in affirming the ad-
verse decision Of Judg George c.. Holt.
of the United States District Court for
the Southern District Of New York.
John Armstrong Chaloner
last night that he had retained George
Gordon Battle, of the. law firm Of
O'GOrman, Battle Il Vandiver, Of New
York, to carry the case on to the
United States Supreme. Court. Mr..
Chaloner said that he was glad to have
an opportunity of settling the question
of jurisdiction before going into a
hearing of the case on it's merits.
Mr.. Chaloner, whose famous fight
10 regain his fortune has had wide
publicity through the peculiar cir
cumstances of his having bee nde-
clared legally insanse in New York
and legally sane in Virginia, is suing
Thomas L. Sherman, appointed a com
missioner of Chaloner'S person in 1901
in the Federal Court. Judge Holt de-
cided that he did not have jurisdic-
ton, and this is upheld by the Cir
cult Court of Appeals, which held in
effect that the case should properly
be heard before the New York State
courts. Mr.. Chalone- said last night
that he had an appeal as of right to
the Supreme Court, and that in max
ing that appeal he proposed to show
that the Circuit Court has reversed
itself.
Claims Court Has Reversed Itself.
In 1908, when Mr.. Chaloner was Pc
titioning for protection while engaged
in prosecuting his legal affairs in New
York, the same court Of appeals held
1.-The Constitution Of the United States
vests in the judicial department juris.
diction over controversies between
citizens of different States. The peti
toner as e citizen of the State of Vir
ginia in bringing his said suit in tn,
Circuit Court Of the United States wa
availing himself of a right founded
upon this constitutional provision
And he came into that court with
decree of the court of the State O
which he was a citizen, declaring hi
sanity. We cannot disregard that de
cree. In considering it we do no
ignore the orders of the courts O
New York. Insanity is not neceSSaril
permanent. For the purpose of thi
petition-laying aside judicial Ques
tlons-we may properly consider tina
the petitioner was insane when SO &c
clared in New York, but that he ha
recovered his sanity when he was de
clared sane in Virginia."
Claims He Had No Legal Advice.
Upon the merits Of his case MI
Chaloner said last night that he de
pended largely on a decision Of tn
United States Supreme Court, know
as Windsor VS.. McVeigh, SO Unite
States Reports, age PITS, in whic
the court held, Until notice is givel
the court has no jurisdiction in an
case to proceed to judgment. what
ever its authority may be, 10y the Law
of its organization, over the subjet
matter. But notice is only for tn
purpose Of a~ffording the party an OF
p%ortunity of being heard upon tf
claim or the charges made. 1t is
summons to him to appear and
speak, if he has anything to sa.
why judgment should not be rendere'
\ denial to a party of the benefit
notice would be in effect to deny tn;
he is entitled to notice at all, and tt
sham and deceptive proceedings ha
better be omitted altogether
Mr.. Chaloner claims that he w;
~railrOaGed into Bloomingdale aSylu
without any notice or proper hearln
and that while i'll and without noti'
OF opportunity to protect his interest
proceedings were had to appoint tru
tees to take over the care and cuStot
Of his property.
The court that decided it had jurl
diction in 1908, Mr.. Chaloner said, w;
composed of Judges Lacombe, Co,
and Noyes. Judge Lacombe is now
Europe, and the only judge now 81
ting who was on the bench in 10
is Judge Coke. The other appella
judges were Judges Rodgers al
Mayer.
MISS BROWN CHAMPION AGAIN