The Forrest City times., 1891-11-13
IS BEHRING SEA 0uRs9
THE sAYWARD CASE BEFORE
 THE SUPREME COURT.
Arguments Begun In the Case to Settle the Question or Jurisdic-
 tion-speakership Contest

WARRINGTON. Nov. 1.-The United I States Supreme court chamber was \ crowded with distinguished members of the bar present to hear arguments in the celebrated case of Thomas Henry Cooper against the judge of the United States court for the district of Alaska. better known as the Sayward k Behring sea sealerles case. Ex-Secre- k tary Bayard and ex-Attorney General Garland of Cleveland's cabinet; ex- Senator Edmunds, Senator Mitchell of Oregon, Representative Springer of Illinois and others were present, be- sides Attorney General Miller, Solicit or-General Taft, Joseph II. Choate of New York and others who VIII take part in the argument
 When the court assembled Justice Bradley was not present, but he ar rived at the capitol and took his place on the bench just before the Sayward case was called, so that a full court was present when the hearing began.
 This now celebrated case arises out of the seizure of the Canadian sealer, ". F. Sayward, in Behring sea for vio- lation of the act of Congress making it Q penalty to catch seals with in the waters of Behring sea The vessel was libeled under the admiralty laws of the United States and after trial the United States District court of Alaska declared forfeiture of the vessel The case was then brought to this court on a motion for a writ of prohibition to stop the Alaskan court from taking measures to enforce its decree. the ground for this motion be- ing a contention that the court had no jurisdiction to try the offense, for the hot tul than three miles from shore, and therefore, under the law of nations, without the jurisdiction of the United states. By thls method it is sought to secure an opinion from this court on the question which has been for a long time in controversy between the United States and Great Britain as to the right of the former country to ex- elusive control of the seal fisheries In Behring sea.
 Mir. Calderon Carlisle of this city opened the case in behalf of the owner of the Sayward. At the outset he said that the decision of this case could not forestall anything that any other branch of the government should do. Of course, he said. 1t will stop any seizure of any foreign vessel under any existing law. This court may in this case, without expressing any opinion as to the rights of the United States, hold that tho seizure of this foreign vessel fifty-nine miles from land was illegal under international law and under the existing law of the United States and not forstall any contention of the United States with reference to seal property.
 Solicitor-General Taft in opening the case for the United States said it's position could be stated in two sen tences: First, that the question which the petitioner seeks here to raise IS not presented to the court on the record in the case.
 Second, that if 1t is presented to the court the question has been decided, being political question. by the po- liticai departments of the government and this court will not reverse or qnal- ify that decision.
 Taking up the political phase of the argument, the solicitor general said that the government did not deny that the jurisdiction of the Alaskan. court and the venue of the offense were judicial questions to be decided by that court and by this court in proper case. What he asserted was that the jurisdiction of that court and the venue of the offense by single step was made inevitably to depend upon the National jurisdiction in Behring sea, that 1t Is polite al ques- ton and that the decision of the Ex- ecutive and of Congress on that politi- cal question is conclusive not only up- on this court but upon every citizen within the jurisdiction.