The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1891-01-19

How DepaI tmsnt OF justice OffaoIaIs Think
the Case wnI Ba Disposed OL.

AhE A@nM 4" hsA hkT hFAsFW@@" VIE
WASHINGTON, Jan. I7.--The law Off
GERS OF the government have now spent
two days In examining the case of Sir
John Thompson. They have already
reached the stage OF moral conviction
that the supreme court viii without
doubt or delay find Itself necessitated to
dispossess itself of the motion lodged
with ID last Monday in the name. style
aud behalf OF Sir John. The officials OF
the department OF justice found the con
clusions whereat they have so speedily
arrived upon the following grounds:
1. The case made by Sir John Thompson
raises essentially and as a matter of sub
stance question of disputed boundary
between the United States and fore Ign
nation. Such question has repeatedly
come before the supreme court, and Ia
every instance that court has ruled that II
must and will follow and enforce the con
strfctlon as to boundary as impaired by
congress, or by the executive In the alb
sence of legislative determination.
&. The attorney general will resist the
motion of Sir John Thompson as vexatious.
using that term I'm its legal sense Ga this
point he will introduce, under seal of the
department of state, transcripts of diplo-
matte archives showing that the queen of
Great Britain, che sovereign of Sir John
Thompson, Is now, and has long been en-
gagged In litigating the respective rights of
Great Britain and the United States lea the
executive department of the federal govern
meut and that a mere subject of that SOW
erelgn, even with her own consent, cannot
be permitted TO harass the government ot
the United States by citing II before another
department of the federal government to
answer the same allegations OF complaint
arising out of the same subject matter.
3. The motion will be opposed on the
u ~ -
admiralty case and that consequently no
authority 20 issue the desired writ OF pro
hibItion resides In the supreme court. IL Is
held that 10 Is dIscourteous for IA foreign
government to attempt TO take IA matter
out of the diplomatic department aud Gu
deavOr 10 put IL In the courts.
AS an instance OF this attention has
been called To tho case Of the Mryican
government In the fraud claim OF We'll
and LaAbra. While that case was GO
ing through the diplomatic stages the
Mexican government proposed TO resort
to the courts for determination of the
fraud claim, and employed Matt Carpen-
ter, then a senator from Wisconsin, 10
prepare o bin In equity 70 be fled In the
United States court OF this district. But
before doing so the Mexican minister at
Washington courteously informed Mr..
Eyarts, then secretary OF state, OF the
intention of his government. Mr. Eyarts
very promotly condemned such course
and the Mexican government desisted
from instItuting the suit on the ground
that IL would not be well 20 incur the
displeasnre of the department of state
pending diplomatic discussion and set
clement OF the matter.
The British minister has maintained
an absolute silence rsspectlns the pro-
ceedings, but fs understood to be await
Ing instructions from Lord Salisbury.
II IL believed that Lord Salisbury will
disclain all responsibility for the suit on
lehalf of the British government and
will remind Mr.. Blaine that the action
Of the attorney-general OF Canada Is not
OF diplomatic nature, and that conse-
quenty IT Is outside the Jurisdiction of
the imperial authorities.