Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1891-01-17
TAKEN INTO COURT.
Berhing Sea Dispute to be Passed
Upon by the Supreme Court.
A Writ OF Prohibition Asked for by the
Attorney General of Canada to hnnul
tho Actiou of n Court In Alaska
which Indorsed n Seizure.

| WAsUINoToN, Jan. 13.-The Behr-ing
Sea seal fishing question was on Mon.
day afternoon suddenly and unexpcct-
edly brought before the Supreme Court
of the United States, when Sir John
Thompson, Attorney General for Can.
ada, through Calderon Carlisle, the
| American counsel of the British lcga.
ton, and Joseph Choate, associate coun-
sci, made q motion in the court for
writ of prohibition commanding the
United States District Court at Sitlta to
annul the proceedings by which the
schooner w. Z. Saywarl was liberated
in 1887. This move on the part of the
Canadian officials was made in behalf of
Canada by Sir John Thompson with the
full knowledge and consent of the Brit
ish government, the purpose evidently
being to appeal from the State Depart
ment to the Supreme Court to settle
once for all the dispute. This move on
the part of the British government
seems not to have been expected and
the Attorney General was taken by sur
prise when the motion was made by Mr..
Choate.
The court ordered that two weeks
time be granted to the Attorney Gener-
al to make Il showing in opposition to
the motion. The British government,
it is believed, has had this matter in
contemplation for some time, probably
since last spring, when it was an
nounced that the negotiations between
the United States and England on the
Behring Sea matter We're ended. The
schooner w. p. Sayward, of Victoria.
b. c., was captured by the revenue cut
ter Rush, Captain Shepard, for killing
seal in Behring Sea, fifty-nine miles
from any land, and there were 477 seal
skins on board. The schooner was
taken to OnalaslSa by the Rush, and
from there to SitlSa, where she was
libeled by the United States District
Court for taking seal within the iuris-
diction of the United States in violation
Of the Revised Statutes. An appeal
was taken and the case was brought to
the Supreme Court and on motion of pc
titioners this was yesterday dismissed.
which motion was Immediately followed
With a request to file suggestions with
the court for the writ of prohibition to
annul the action of the District Court
of Alaska.
Secretary Blaine, when asked last
evening about this movement on the
part of the Canadian governments coun-
sell said: "This is something that has
been threatened for some time and of
which l have been quite aware. 1t is
therefore no surprise to me, as had an
ticipated it. / have nothing whatever
to say on the subject now. 1 shall
probably have something to say official
ly later on, and so do not think it best
to talk for publication at this time. You
may say, however, that the department
is not taken unawares."
When asked whether or not this case
having been brought up in the Supreme
Court would result in transferring the
controversy from the State Department
to the Supreme Court, the Secretary
said: Il would prefer to remain quiet
on that subject just now. There will
be something official to say later on.
can say that this is no coup on the |
part of the British government in the
least" Z"