The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1914-06-08
Will GARRY CASE
TO SUPREME COURT
John Armstrong Chaloner Announces
Employment of George
Gordon Battle.
QUOTES OPINION OF 1908
Says Court OF Appeals Has Reversed
Itself on Question OF Jurisdiction.
Had No Legal Notice.

Cndaunted by tho action Of the
United States Circuit Court OF APP
peals OF New York ~ affirming the nj :
! verse decision OF Judge George c. Holt,
OF tho United States District Court for
the Southern District OF Now York.
John Armstrong Chaloner announced
last night that he had retained George
Gordon Battle. OF the law firm Of
OGorman. Battle G. Vandiver, Of New
York. to carry tho case on TO the
United States Supreme Court Mr..
| Chaloner said that no was glad 10 have
an opportunity OF settling the question
OF Jurisdiction before going into a
hearing of the case on its merits.
Mr.. Chaloner, whose famous fight
to regain his fortune has had wide
publicity through the peculiar cir
cumstances OF his having been de-
clared legally insane In New York and
legally sane In Virginia. Is suing
Thomas I. sherman, appointed com
missioner of Chaloners person In 1901
In the Federal Court Judge Holt de-
cidcd 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.. Chaloncr said last night
that ne had an appeal as of right to
thc Supreme Court. and that IN max
Ing that appeal he proposed to show
that the Circuit Court has reversed
itsclf
CLAIMS COURT HAS
REVERSED ITSELF
In 1908. when Mr. Chaloncr was De-
titioning for protection while engaged
In prosecuting his legal affairs in New
York, the same court Of appeals held:
The Constitution of the United States
vests in the judicial department juris-
-
citizens of different States Tn" ,,eti :
TONER as n citizen OF the State of Vir-
gtnia In bringing his said suit In the
Circuit Court OF the United Staten was
awaiting himself OF Il right founded
upon this constitutional provision
And he came into that court with a DO
cree of the court OF the State Of which
no was citizen, declaring his sanity
We cannot disregard that decree. m
considering II we do not ignore the
orders Of the courts OF New York. In
sanity is not necessarily permanent
For the purpose Of this pctition-lay-
ing aside judicial Questions-we may
properly consider that the petitioner
was inaane when so declared in New
York. but that he had recovered his
sanity when he was declared sane In
Virginia"
CLAIMS HE HAD
NO LEGAL NOTICE
Upon the merits OF his case Mr. Chal-
oncr said last night that he depended
largely on decision OF the United
States Supreme Court. known as Wind
sor vs. McVeigh, 90 United States Re-
ports, pages PITS, IN which the cour,
held, Until notice is given. tho court
has no Jurisdiction in any case to pro-
coed TO Judgment. whatever Its au-
thortty may be. by the laws of its or
gan!zation. over the subject matter. But
notice is only for the purpose of afford
ing the party an opportunity OF being
hard upon the claim or the charges
mnde. 1t IL summons to him to appear
and 10 speak, II he has anything to say,
why judgment should not be rendered
y denial TO party OF the benefit of
notice would be in effect to deny that
he IL entitled to notice at all, and tho
sham ard deceptive proceedings had
better hs omitted altogether"
Mr. Chaloner claims that he was rail-
roaded into Bloo,ningdale asylum with.
out any notice or proper hearing, and
that while i'll and without notice or
opportunity TO protect his interests,
proceedings were had to appoint trus
tees 10 take over tho care and custody
of his property.
The court that decided II had jur.s-
dicton In 1908, Mr.. Chaloner said. was