Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1891-01-15
THE SEAL DISPUTE.
The Matter Taken Into the United
States Supreme Court.
a BRITISH SEALERy COMPLAINT.
The Law OF Nations and the Treaty with
RussIs to Be ventIIated-Mr. Blaine
Not Surprised Mt the Turn OF
Affairs.

WASHINGTON, Jan. 13.-The Behring
sea sealery controversy came up in the
United States Supreme Court on a mo
ton which has in view judicial de-
termination in the dispute between the
United States and Great Britain.
I. s. c. Choate, in behalf of Thomas
Henry Cooper, owner and claimant of
the British schooner w. p. Payward,
which. was seized in Behring sea by the
revenue cutter Rush, petitioned the
court for leave to file petition for
writ of prohibition, to be directed to
the judge of the District Court of the
United States in and for the Territory
Of Alaska, restraining him from pro-
ceeding with the condemnation and
sale of the vessel The object is to
have the court take up and pass upon
the question of jurisdiction over these
waters.
The Chief Justice made an order Civ
ing the Attorney-General two weeks to
hle an answer to the brief of Mr.. Choate,
giving the reasons, if any, why the pc
titiOn should not be granted.
The brief filed by Mr.. Choate is found
GU OAA bhC A1A1NAoAA bLdnODOluls do OuU-
lined in Lord Salisbury's last communi-
cation to the British Minister here. In
substance it is urged that if Russia ever
had jurisdiction of these waters beyond
the mari7e league, not cOnceding at all
that she had, it was not by virtue of her
possessions in the Aleutian islands and
Alaska, but the general consent of other
Nations. Then the treaty between Rus
sia and the United States is quoted
from to prove that the only cession Rus
siR made to the United States was of
the Territory of Alaska and the Aleu-
tian islands and 1.-The waters adjacent
thereto"
Argument is made to prove that the
waters adjacent thereto are and could
be only those waters within the marine
league from the shores. 1t is claimed
that the language of the treaty clearly
indicates this. On these points the
brief says: "The proceeding here Sought
10 be prohibited is an attempted exer-
else of jurisdiction not under the gen.
eral law maritime, but under munich
pal statute. In order to sustain the
jurisdiction in this ease, therefore, it
must necessarily appear that the act
committed by the master and crew of
the Payward. for which the condemna-
tiOn and forfeiture was sought, was an
act in violation of the laws of the United
States done and committed in a place
subject to their legislation and judicial I
jurisdiction"
The Russo-American treaty of 1924 is
~. L I -
purports to grant or convey to the United
states, and the conclusion is reached
that il does not expressly convey any
dominion in the waters of Behring sea-
Secretary Blaine, when asked about
This movement ON the part of the Cana
dian Governments counsel, said: This
is something that has been threatened
for some time and of which have been
quite aware. 1t is, therefore,
no surprise to me. L have
nothing whatever to say on the
subject now. | shall probably have
something to say officially later, and so
do not think it best to talk for publi-
cation at this time. You may say, how
,ver, that the department is not taken
.snawares."
lShen asked whether or not this case,
having been brought up in the Supreme
Court, would result in transferring the
controversy from the State Department
70 the Supreme Court, the Secretary
said: 81 would prefer to remain quiet
on that subject just now. There will
be something official to say later on. I
can say that this is no coup on the
part Of the British Government in the
least