Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-11-11
THE sAYwARD CASE.
The Arguments Closed Yesterday IN the
Supreme Court

The Arguments Closed Yesterday In the
Supreme Court
The interest taken In the great controversy
between the United States and her Britanic
majestys government before the Supreme
Court over the question Of jurisdiction Of the
Boring sea is demonstrated by an extraor-
dfnarily large attendance Of distinguished law
yers in the court room pending the argument
After The SrAR's report closed yesterday
Solicitor General Taft concluded his argument
in behalf o. the United States
He claimed that jurisdiction over the waters
accompanying the grant Of Alaska to this coun-
try by Russia and all waters Of Alaska over
which the Emperor Of Russia had Jurisdiction
were conveyed by the grant - the waters Of
Alaska and included Boring SEA- The question
at issue being a political one. the executive's
| decision Was conclusive unless Congress took
| action. and If any claim were 10 be made con-
corning territorial sovereignty, the President
was invested with the power to make il, and
his decision would be the right one.
The counsel for the British government, said
Mr.. Taft, had said that the United States had
made no direct claim 10 jurisdiction over Ber-
ing sea. In this they differed from their client
Lord Salisbury, who construed the position Of
OF the United States just as this government
did.
AN ARBITRATION AGREEMENT.
The United States. he said. had been asked to
submit the matter to arbitration and had agreed
to the proposition. and now the other side asked
for opinion in advance of this arbitra-
| ton. Perhaps arbitration had not been
agreed on, but at least the correspond
| ence on the matter was leading up
| to arbitration. He stopped at this point.
| and when Justice GRAY desired some more ex-
upon arbitration had been actually reached
the solicitor general hesitated TO reply, and in
timated that perhaps he had revealed more
than he mot being q cabinet officer, and being
authorized to speak only on legal questionsJ
| should have done.
Attorney General Miller then interposed. and
not only substantiated all that the solicitor
general had said. but went further and An
| nounced that the government had effected an
agreement.
THE ATTORNEY GENERALS ARGUMENT.
Attorney General Miller followed Mr.. Taft.
Mr.. Miller, after outlining the difference be-
tween the jurisdiction of superior and inferior
courts, said the decision of the Alaska court
| could not be attacked unless q statement
OF want of jurisdiction appeared on Its face,
and he quoted Chief Justice Marshall in sup
port of this contention. The Attorney General
made an ironical illusion to the foreign policy
OF Great Britain. adding that the British gov
eminent had not s4ways shown that touching
regard for international law, of which Mr.. Car
ASAc spohSh 80 Abs AhtSh-
national dealings.
The question of boundaries he said. was not
| a question for the courts because the courts
did not make boundaries. They simply inyesti-
gated and found what the political department
had established. Courts could not question the
acts Of either of the political branches of the
| government.
In conclusion the Attorney General said an
] agreement had been arrived at as to the terms
OF arbitration in the Boring sea question, and
now the other side asked that the Supreme
Court should decide the question. and not only
decide it, but decide against heUnited States.
MR.. cHoArEs CLOSING ARGUMENT.
Joseph II. Choate of New York city followed
Mr.. Miller. He made the closing argument for
the British government. Mr.. Choate's argu-
ment was devoted, as he stated in beginning,
to the exact questions at issue in the case. The
| three-mile limit law, he said. had never been
disputed until now. He outlined the points of
| international law and concluded that accord
| ing to it the Sayward when seized, fifty-nine
miles from land, was fifty-six miles outside of
all possible jurisdiction of the United States.
Why would 1t not be proper, taking the con-
| tention Of the United States to territorial
jurisdiction correct, for the President to ex-
tend the territorial jurisdiction of the country
a hundred miles out TO sea; even more, extend
| it from ocean to ocean?
This closed the arguments and the Attorney
| General submitted various legal citations.