Evening journal., 1891-01-28
THE GREAT SEAL FIGHT.
None of the Courts Business,
Says Mr.. Miller.
puRELY A rOLITICAL QuEsTION.

PURELY A POLITICAL QUESTION.
Tho Argument Of the sayward Case BE
fore the United States supreme Court.
Uncle SANS Attorneys Believe That
the Judges Have No Jurisdiction.
WASHINGTON, Jan. 2S.-The Behring sea
fisheries struggle was resumed in the
United States supreme court yesterday
afternoon The room was packed with
people. Attorney General Miller and So
licitor General Taft, representing the
United States government. were early in
their seats. They were quickly followed
by Joseph II Choate and Calderon Car
Isle, the legal defenders Of her najesty's
claims. Vice President Morton, Gen. Ben
jamin Il. Butler. Maj Mckinley, Senator
Spooner and many other distinguished
government officials listened intently to
the argument Many eminent members OF
the bar were also among the auditors.
Seized for Piracy.
Mr.. Carlisle opened for Great Britain
with plea for writ Of prohibition in the
case Of the alleged British vessel w p.
Sayward Carlisle eoutended that Thomas
Henry Cooper, the owner was an English
subject, and therefore had a right to seek
redress for the seizure Justice Brown in
terrupted him with question As TO wheth-
er the libel on is face had not stated that
the vessel was seized in Alaskan waters for
piracy in those waters.
Not a Political Question.
The British counsel replied that the libel
simply stated the matter in general terms.
Are we not governed by the libelW
asked Justice Brown
Il submit replied Mr. Carlisle, that
the prohibition must 90 here or not CO. ac-
cording as the want Of jurisdiction APP
pears OF does not appear on the face OF the
proceedings ] insist that this is not "a po-
ltical hut judicial question, and it is
difficult to understand how a question
which is not judicial before the district
court Of Alaska becomes a political ques
tion when submitted to the supreme
court
The Attorney Generals Plea.
Solicitor General Taft then briefly out
lined the position of the United States and
he was followed by Attorney General Mil
ler who spoke an hour. He opposed the
petition on the following grounds:
| That the supreme court has no power in
any case 10 issue a writ Of prohibition TO
the Sitka court, because it is not district
court Of the United States being merely
territorial court He argued further that
the question OF jurisdiction of the Alaska
court, which the petitioners seek to pre-
sent, cannot be raised on the record Of the
admiralty proceedings on file with the SUI
preme court because the face Of these pro
ceedings shows jurisdiction in the Alaska
court and after sentence in such eases, be
argued, prohibition "will not issue
A Political Question, miller says.
In concluding bis argument he held thar.
conceding all the facts averred in { Ne peti-
tion. the question Of the jurisdiction OF the
Alaskan court depends upon the extent Of
the dominion Of the United States in Beh-
ring sea- This, he maintained. "a q pulit-
icai question 10 be decided hy the political
department Of the goyernment-ihe execu-
tive and congress. both Of which have de-
cided against the petitioners contention.
and this derision, he held, must he conclu-
sivc upon the Judiciary
None Of the Courts business
No consideration whatever, the attorney
general said, had been given in his answer
to the question Of international law. which
is nov and has heen for the p.st Six years
the subject Of diplomatic correspondence
between Great Britain and the United
States. with reference to the rights Of this
country 90 assert territorial jurisdiction
in Behring sea to the extent of protecting
its seal fisheries beyond the three mile limit
ordinarily fixed as the boundary of terrific
rial Jurisdictions of countries bordering on
the sea Spch aquestion, the attorney gen
eral respectfully insisted. is not within the
coeuiAlnce OF the supreme coRrt, and he
therefore did not discuss it He was fol-
lowed hy Mr Caldron Carlisle and Mr..
Choaie in opposition 70 his argument, and
the court adjourned before Mr. Choate had
concluded