New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-01-14
THE LATEST BRITISH MOVE.
IN WASHINGTON AS AN AFFRONI
TO THE GOVERNMENT.
Mr. BLAINE SAID TO RESENT THE ACTION
LITTLE CHANCE THAT THE SUPREME COURT
WILL GRANT.THE WRIT APPLIED FOR.
lnI TELEGRAPH TO THE TRrBUSkl

LITTLE CHANCE THAT THE SUPREME COURT
WILL GRANT.THE WRIT APPLIED FOR.
lDI TELEGRAPH TO THE TRIBUNE,
Washington. Jan. 13.-While no one, OF course. is
in position to predict with absolute certainty what
the Supreme Court OF the United States will do In
the matter Of the petition fled yesterday by the At
torner-Genera Of Canada. "wth the knowledge and
sanction of Lord Salisbury there is little reason to
doubt that the court will refuse to issue the writ
This at least, is the impression prevailing tonight
among men who ought to know and whose experience
in matters Of this Kind entities their opinion to more
than ordinary consideration. Precisely upon what
ground the court base its refusal is obviously Of
secondary importance. so long it declines to Issue
the writ asked for In the petition.
Itwoud not be difficult, however, to imagine that such
refusal was justified the part of the judicial branch
of the Government by the simple statement that the
questions involved in the prayer Of the petitioners are
at the present time the subject Of diplomatic negotia
ton In other words that another and coordinate
branch Of the Government the Executive is charged
under the Constitution. with the settlement OF dis
pute which Is essentially political one and which
only incidentally presents question of law.
1t is no secret That at the State Department the
Of the proceedings in the Supreme Court was re
ceived with feeling OF resentment not altogether
free from indignation. That such step had been con-
templated for time was not unknown but 1t was
thought that II had been abandoned. because one
ties of diplomatic intercourse as to assume response
bity for a move which 1t is difficult TO distinguish
from an affront the President 1t Is probably the
only instance record in the annals OF diplomacy
where pending proposals for the settlement OF an In
ternatona dispute by arbitration, such means have
been employed in attempt TO befog the real issues
Of the case II must be borne in mind that the Ques-
ton the court asked To decide involves only small
portion of the argument upon which Mr.. Blaine seeks
10 maintain the claims OF the United States in Behrng
Sea- There is every TO believe that Mr. blaine
would be willing to accedo to proposition to submit
TO the Supreme Court for settlement the entire dispute
between the two Governments. In accepting such
proposition however, he would naturally expect that
every phase of the question would be presented to the
conrt1not ono ONLY as Is proposed In the petition Of
Sir John Thompson.
The question OF Jurisdiction beyond the usual marine
league the correct Interpretation OF the treaty with
Russia, and what the rights acquired by the
United States under It's provisions, the claims set IN
Behring Sea by Russia before the ccssion OF AlasKa
In short all historical lacts bearing upon the case as
we'll as the claim OF equity and the still greater one
of good morals involved-would be submitted to the
court To such proceeding, has already been SAID
Mr. Blaine would probably not object; but lie does
object 1t is said, to partial presentation OF 'he case
10 the court and the rendering OF decision wmch can
result in no practical good. inasmuch as 1t woud IN
certain sense be binding only upon one OF the parties
suppose for instance, that the Supreme Court should
decide to issue writ Of prohibition apnlng the ACTON TO,
~ the District Court OF Alaska thereby declaring ta
The SEIZURES of the poachng schOOners were illegal
that decision would be binding upon the United 1a state
and the British Government OF course wouid nHd no
eide the other wy would that decision be considered by
ony one as in the slightest degree b1ins the Govern
leave Lord Salisbury free to act II such decision
had never been rendered, and enable him 70 resume Inn.
themq In fact does not this whole proceeding SAVIOR
of indecency Is ii not almost gratutonS lmpcru-
Neal to submit the whole dispute to arbitration still
remains unanswered.