Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-01-27

ERALS ANswBR-M1. yus1lcR BnowN ASKS
Some QUESTIONS CENTRAL TAFT
APPBAns FOR THH CONVENIENT.
The Boring sea case came up in the Supreme
Court today on the question Of whether or not
the court should permit the fling Of the petit
ton for writ Of prohibition 10 the district
Of Alaska in the case Of the Canadian vessel
Nv. P. Sayward."
Mr.. Attorney General Miller fled brief and
argument opposing the filing Of the petition.
An abstract Of this brief Il published on an
other page Of TEE STAa.
The interest that ID taken in the case WAS
manifested by the very large attendance of
both members Of the bar and the public. The
space within the bar was crowded with promi-
nent members Of the bar.
Nh. cARLrsLE's OPENING.
At 1885 O'Clock the case was taken up and
Mr.. Calderon Carlisle opened for Great Britain.
He said it was bis duty at the outset, especially
because it had been made subject Of comment
in the brief Of the United States, even TO
the extent Of asserting that this proceeding
was not q bona 6de effort TO have the court
state the reasons for announcing that the petit
ton was filed by Thomas Henry Cooper,
and with the suggestion Of the Canadian
government His colleague and himself con-
sidered that. in Wow Of the fact that the
Canadian owner Of the vessel had appealed
aid in the prosecution Of his
private rights in Wow Of the fact that they were
both retained by that government 10 aid in the
assertion Of those private rights that good
faith to the court required that
in the plainest terms the actual facts IN the
matter. The attitude of the United States
justified their course beyond question. They
did not think for one moment that
II all the princes and potentstes
that it could weigh one feather weight in their
disposition Of a question Of private right They
should be ashamed, az American lawyers, TO
make such proposition to the court.
JUSTICE Browns INTERRUPTION.
Mr.. Carlisle then spoke briefly in support Of
the petition sought to be filed. He hadn't pro-
ceeded far before Justice Brown interrupted
with o question as 70 whether tho libel, on it's
face did not state that the vessel WIS seized in
the waters Of Alaska for illegal sealing iR those
waters. Mr.. Carlisle said the libel simply stated
the matter in general terms.
Justice .Brown-Are We not governed by the
libel?
Mr.. Carlisle-I submit not, your honors. The
prohibition must 60 here or not go, according
as the want Of jurisdiction appears or does not
appear on the face OF the proceedings
fhE POLITICAL PART OF IT
He took up the charge that this was political
question and not q judicial one and said that
surely a construction of an act of Congress was
one for the Judiciary. The only question 10 be
decided was the rights of Thomas n. Cooper,
owner of the Sayward, which had been
seized under a congressional law.
1t is difficult to understand how question
which was Judicial before the district court Of
Alaska becomes political question when sub
mitted to the Supreme Court.
THE SOLICITOR GENERALS BEpLY.
Solicitor General Taft appeared for the gov
eminent, opposing the fling of the petition for
the three reasons given in the brief.
He declared that this was an attempt on the
part Of foreign government to carry politi-
cal question, question under diplomatic ne
gotiation, into one of our courts by the decis-
ion Of which it would be in nowise bound.
The United States was represented by Attor-
ney General Miller and Solicitor General Taft.
and the government Of Great Britain by Mr..
Joseph H.Choste of New York and Mr. Calderon
Carlisle.
Vice President Morton, Representative Green
beige and Benjamin F. Butler Of Massachusetts,
and Representative Stockdsle Of Mississippi
were among the auditors