The morning news. [volume] (Savannah, Ga.) 1887-1900, 1891-01-15
Eneland's Extraordinary Appeal

England's Extraordinary Appeal
Great Britian's effort to transfer the
Behring sea dispute from the field Of
diplomacy to the United States supreme
court very naturally excites a great deal Of
surprise in Washington. The opinion is
entertained that it will not be successful
The result Of it. however. viii be waited for
with the most profound interest.
| It is doubtful If Mr.. Blaine expected
such a movement on the part Of Great
Britain, and it is thought probable that he
will express his opinion of it in very vigor-
Gus language in dispatch TO Lord Sails
bury.
The case which Sir John Thompson, the
attorney general for Canada, has presented
TO the supreme court, through the American
lawyers which he has retained, Is this: A
vessel was seized in Behring sea. ffty-nine
miles from shore. by an American revenue
cutter, for catching sells, and carried to
Sitka, in Alaska, where she was hbeled.
That was in 1887. Or Monday the attorneys
for Great Britain made a motion in
the supreme court on behalf of the
owner Of the lioeled vessel TO dismiss
the appeal which had been taken from the
decision of the United States district court
OF Alaska to the United States supreme
court, and they also fled petition asking
for writ Of prohibition annulling the
action Of tie district court of Alaska. With
this petition they submitted questions COW
ering the main points at issue between this
country and Great Britain relative to the
catching Of seals in Behrng sea.
If the supreme court entertains the mo-
ton made by the attorneys for Great
Britain it can hardly avoid deciding the
points presented in the petition. What
course it will pursue cannot. of course, be
predicted with any degree of certainty. 1t
seems to be the opinion, however, that it
will take the ground that the matters pre-
sented are the subject Of diplomatic con-
troversy, and that as long as they are it has
no jurisdiction Of them.
The London Times, speaking Of the effort
to get the Behring seq question before the
supreme court, says that if the court should
render decision in favor of England the
dispute would be virtually ended, and that
there would be no occasion for ar
bltration, but that if decision
averse to England's interests should be
reached England would not be bound by it.
II that is the English view of the matter it
would seem as if the supreme court would
decide without hesitation that it was with
out jurisdiction. IL would be a waste of
time for the court to go into the merits of
the case if England does not propose to re-
spect its decision unless it is in her favor.
Perhaps Mr.. Blaine will take the ground
that the English government has not shown
proper respect for this government by
ignoring that branch of it with which it
has been carrying ON a correspondence rela-
tive to the matter in dispute and appeal
ing to another branch without giving
any notice OF its purpose to do So
But whatever position Mr.. Blaine takes it
can hardly be doubted that England has
scored point by expressing willingness to
have our supreme court pass upon the issues
between the two governments. An impress
sion will get abroad that the position of this
government cannot be a very strong one if
it is afraid to permit its own court to ex-
press an opinion of the matters in contro>
versy.