The sun. [volume] (New York [N.Y.]) 1833-1916, 1891-11-10
THE BEHRING SEA DISPUTE.
GREAT BRTTAIN,S CfsE BEFORE THE
UNITED STA TIES SUPREME COURT.

GREAT BRTTAIN'S CfsE BEFORE THE
UNIFIED STA TIES SUPREME COURT.
Its Object IL to Secure an Opinion frov the
Court M 20 whether the United States
Has Control OF the Seal Fisheries Re-
yond the Three-rnile Limit
WASHINGTON. Nov 0-The case Of the schoon-
or Sayward. brought on behalf of the British
Government against the United States to set
tie point in the Behring Sea controversy. was
called for argument in the Supreme Court OF
the United States to-day. The Attorney-Gen-
eral and Solicitor Taft appeared for the Gov
eminent and james Choate and Calderon Car
Isle appeared for the British Government.
Among the distinguished persons present
were ex-senator Edmunds ex-Secretary Bay
ard. ex-Attorney-G General Garland. Senators
Mitchell. Hawley. and Eustis. and ex-senator
Henderson Justice Bradley arrived at the
Capitol and took his place on the bench Just
before the case was called. so that full court
was present when the hearing began.
This now celebrated case arises out Of the
seizure OF the Canadian sealer W. p. Sayward.
in Behring Sea. for violation OF the act Of Con-
gress making It penalty to catch seals with
in the waters OF Bohring Sea. The vessel was
libelled under the admiralty laws Of the United
States and after trial the United States Dis
trict Court OF Alaska declared forfeiture OF
the vessel The case was then brought to this
court on motion for writ OF prohibition to
stop the Alaska court from taking measures
to enforce its decree. the ground for this mo-
ton being contention that tho court had
no jurisdiction to try tho offence. for
the reason that It was committed moro
than three miles from shore. and therefore
under the law Of nations without the jurisdic-
ton Of the United States. BY this method 1t is
soush. 70 ee'ure on op.n,oh run t''is cou.. On
the question. which has been Tor long time
RD t 1ha the Uhes aad
iaso1 hatt1a rasutsd n feyor ., Gran. Rr,an
lex JAZZ s .esu -. ,ao, y, eas I an.
by the United States that the Supreme Court
could NOT entertain even a motion for Ieava 70
file a petition for a writ Of prohibition Since
ho e rsocheS hetwssn tho two Governmo s n
under which it is hoped to secure final and
matte dispute: but this will not Affect the pres
Mr.. Calderon Carlisle Of this city opened the
case in behalf OF the owner OF the sayward; He
SAID that this court may IN TINS case. without
any opinion as to the rights Of the
eign vessel tlfty-nine miles from land was H.
inc law Of the United states. and not forsstail
lug .am VI .ue ~ 1870, eu nos .ui
to then the
1rst position taken BY the United States. that
this court was bound by the face Of the pro- pro-
shown on the record as submitted bv the
Judge Of the ' Alaska court First taking up up
the words Of the libel. which sets out that 1.-The
vessel was seized in that part Of .Behring Sea
he said It might very We'll be held
that no part Of it was .ceded by Rus
sody was we're Session iro% the evnssd
miles from shore. He next took up the point point
esas wh tit &c
RoIdne that seals WERE taken Within the three
mile limit He read from tho records in an
other case to shoY that the court had held &
Ge held that sers nothing on Whc
the three mile limit
s6s position aksn ths ESesa
sition taken on a political Questi that Of ma
tional s9vereignty. WHICH absolutely binds the
II that were the law e the decision
court in every case in which the President
takes O position on a sO-called political uues-
ton. II tho argument be correct, that, re-
CARELESS Of the Inv Of nations and an Act Of
tionsi bonndares far out int into The Ocean, am why
should he stop there and not make assertions
S 20 "9r stica snrev whm m
mischief. II the United States could try Brit
ish seaers for offences in any Of these waters
why not British sailors for murder2
Solicitor General Taft, in opeping the case
Tor the United States. said that its position
could be stated In two sentences First that
he question which the petitioner seeks here
TO raise is not presented to the court on the
record in the case. Seconds that II it is pre-
sented to the court the question has been de-
cided. being a political question. by the politi-
cal departments Of the Government, and this
court Will not reverse or qualify that decision.
The express finding on the libeis, he continued,
was that the seals were taken in tho waters OF
Alaska and that portion Of Behring Sea which
belongs to the United States. II there
70 the United sfatesIapa that three miles