New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-01-13
limits Of the cemetery and has never been formsuy
opened but is laid out in the city map.
THE JURISDICTION OYER BEHRING SEA

THE CONTROVERSY COMES UP UNEXPECTEDLY
BEFORE THE SUPREME COURT.
Washington Jan. IL CSpecal).-The Behring Sea con-
trOversy was transferred today temporarily TO tho
Onlted states supreme Court. ON behaii oil tie Aor
ney General of Canada, acting with the knowledge ana
sanction Of the British Minister Caderon Carlisle ana
Joseph II. Choate appeared before the court ana en-
tered motion for permission to file petitions Tor
writ of prohibition against the condemnation OF tho
Canadian sealer W. p. sayward. lbced in Alaska in
1857 The United States District Court in Alaska had
condemned this vessel for violating the United states
statutes by taking seal in Behring and the owner
had had the appealed to the supreme Court. where
it was still on the docket Mr.. Choatc to-day moved
to dismiss this preliminary to his request to
the Court 10 inst.uct the District Judge in .haSka 70
annul the lbelling proceedings, hoping in that 10
get direct expression of opinion from the supreme
Court to the jurisdiction Of the United states in
Behring sea.
The MOrney-General will now have 10 submit
answer, showing why Mr. Chostes request should not
lc granted. II it IS granted The whole question Of
American rights in Bchrng Sea will probably b
brought before the court for interpretation. Thero
two suggestions" for the prohibition fled by
counsel. One is merely formal suggestion made
in behalf Of Thoma, Henry Cooper English subject.
owner Of the lbced craft The other which brings
the whole disputed question concerning the alleged
Jurisdiction Belring before the court is made
in behalf Of Canada by sir John Thompson, with the
full knowledge and consent Of Her Britannia Majesty.
the purpose apparently being to appeal from Mr. Blaine
to the supreme Court 10 settle the dispute
To-day, move was not expected. and the idea OF
twisting the sayward into general demand upon
the for opinion 10 the pending controversy
regarded certainly striking and novel
The came up In this way: on July, O. 1887. the
schooner ". r. >aywsrd. of Victoria. b. c. was captured
By the cutter Rush. Captain shepard for killing
seal in Behring sea. When the capture was made
the schooner Behring sea, fifty miles
from any land and there Az sealskins board
The schooner taken Oonalaska by the Rush and
from there to sitka where size was libeled By tho
United state, District Nurt for taking seal within
the jurisdiction Of the United states, IN violation of
section 1876 Of the Revised statutes. the allegation
being that Captain George Il. Ferry the master, had
killed some thirty odd seal at the place Of capture.
81 degree, and 43 minute, north, and 167 degrees
and 81 minutes west. fifty nine miles on Cape Cheer
full between Oonala,ka the Pribylod Islands. in
violation Of the statute named. Upon this allegation
the schooner libelled. An appeal was taken by
the defendant in the 10 the supreme Court, and
the case IS now on the docket Of the court a. No.
1877. An appeal from the District Court OF Alaska
To the supreme Court will not hold it, is said. no
provision in the establishing the court being made
for it, but the case had not yet been dismissed
The appearance OF the British Minister and the at
orneys in the supreme Court room when the court was
OPENED caused a stir Of excitement aud provoked
whispered speculation as 10 what could be up. lhe
first move made in the was I'm the form Of motion
BIZ Mr. Cloatc dismiss the appeal I'm case no lO31.
made in behalf of the appellant. This looked Ike an
abandonment OF the ease. and doubtless gave Attorney
General Miller satisfaction. But surprise followed I'M
medatey. Mr.. Choatc followed his first motion with
a request for permission to file suggestions with tho
court writ Of prohibition dinlIllng The acuoh m
the District Court Of Aa,ha Besides the formal pet
ton Of the owner of the vessel alleged To have been I'M
lawfully seized he would file petition signed by sir
John Thompson Attorney General for the Dominion Ok
Canada which action with the knowledge and
sanction Of Her British Majesty. In view Of the I'M
portancc IF the case lie would ask on behalf Of Treas
Britain. that early day be Net for acton ana 'at
ay be set for hearing If it pleased the court to hear
oral argument.