The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1891-01-28
BEHRING SEA CASE In COURT
Acknowledgement S the Matter Is Not
for the Supreme Bench to Decide.
Real Question at Issue Is Political and Is Not
Within the Courts Jurisdiction-Date Of
Senator Cameron's Silver Purchase.
HAS NOT JURISDICTION.
The Behring Sea Dispute Not . Matter for Dc.
cision by the Supreme Court

: HAS o JURISDICTION.
The Behrins Sea Dispute Not . Matter for De-
cision by the Supreme Court
WASHINGTON. Jan. 27.-The brief of At
torney-general Miller liz regard to the APP
plication of the Canadian government for .
writ of prohibition in the case of the
schooner W.,P. Say ward, libelled for catch
ing seal in 5Behring sea forty-nine miles
from shore. was fled with the Supreme
Court to-day. The position of the United
States government is thus stated briefly:
The government of the United States OPP
poses the filing of the petition for . writ OF
prohibition to the District Court of Alaska
in this case for the reason that the Supreme
Court has no power in any case to issue a
writ of prohibition to the Sitka court. be-
cause it is not q district court of the United
States, being merely q territorial court.
Inc encouragement argned faEthef .nas
court, which the petitioners seek to pre-
sent. cannot be raised on the record OF his
admiralty proceedings OF file with the Su-
preme Court. because the face OF these pro
ceedings show jurisdiction In the Alaska
court, and after sentence In such causes Is
heard and argued, prohibition will not
issue. In concluding his argument he held
that. conceding all the facts ayerred in the
petition, the question of jurisdiction of the
Alaskan court depends upon the extent of
the dominion of the United States in
Behring sea. This. he maintined. is q polit-
ical question, to be decided by the political
department. OF the government-the exeou-
tive and Congress-both of which have de-
cided against petitioners contention, and
this decision, he held, must be conclusive
upon the judiciary.
No consideration whatever, the Attorney
nanQral said had hqQn Uivan IN blQ anSWer
to the question of international law, which
Is now, INT has been for the past six years,
the subject of diplomatic correspondence
between Great Britain and the United
States with reference to the right of this
country to assert q territorial jurisdiction
in Behring sea to the extent of protecting
its seal fisheries beyond the three-mile limit
ordinarily fixed as the boundary of terri
tOrial jurisdiction of countries bordering
on the sea. Such q question, the Attorney
general respectfully insisted, is not within
the cognizance of the, Supreme Court, and
/ he. therefore, did not discuss it.
Solicitor-general Taft recited the points
in the Attorney geDeraps brief and theIlat-
ter argued as above in support of them. de
was followed by Mr.. Calderon Carlisle and
Mr.. Choate In opposition to his argument.
and the court adjourned before Mr.. Choate
had concluded. He will resume tomorrow.
WHEN CAMERON SOLD HIS SILVER
MT Llttler BAYS III w Is IeLOro lie Noi0dxo
Bill Was Passed-Testimony of Reporters.l
WASHINGTON. Jan. 27.-In the silver pool
investigation to-day. Mr.. David b. Littler
was recalled and questioned further regard
ing the time of Senator Cameron's purchase
of silver and Of it's disposition. Mr.. Littler
explained that he did not. want it under
stood that 500, 600 worth Of silver was ex-
actly the amount that the Senator pur-
chased. 1t might ave been somewhat
less; for it was purchased in rupees. Mr..
Cameron told him that the check for the
margin put up $4,000 YVES dated the 9TH OF
May. He had talked with q great many
people on the silver question while in
Washington last year, but had no interest
in purchases, and did not, of his recollec-
ton. suggest to q member of the House or
senate; OF to any gSvSsTn% R n Hi1 Ir the
tier said he was not engaged. in lobbying
or influencing members of Congress in be-
half of legislation. He had no interest in
the silver bill, except as citizen of the
United States.
In reply to Congressman Dingley's in
quiry as to the date of the sale of Mr.. Cam
eron's holding. Mr.. Littler could not re-
member exactly, but taking Mr.. Cameron's
check of profits as q basis of calculation
the date of sale must have been five or six
weeks preceding that date, or possibly q
month. HIS best recollection was that the
silver was sold before the bill was passed.
Edward Curtis, of San Francisco. q men,
Der Of the st. Louis executive silver COM
mittee, testified that he had not mentioned
MIR. Flowers name In connection with sill
yer purchases to correspondent Bogart. as
the latter had testified yesterday. Mr.. b.
CART had since said to him that it must have
been some one else. He aid not tell him
that any Senstor or Representative had
been specializing in silver and had no
knowledge that any one had. he bad no
| know al pa Of any aIlvQr nn0l Mr. Cnrfia
having said something about hearing that
a party Of New Workers who were
interested in silver had been at
to give the name Of his informant. This
name he was unable to remember, but
promised to refresh his memory if possible.
Governor West and Mr.. A.. j.. Warner. he
'n % + Z. WEI" j. p IN y ane room @a 81 ins nlns corre.
spondent of the New York Times, who was
q witness yesterday. again took the stand
and said that Mr.. X. j. Wynne was the per-
son from whom he received the informs
ton on which he sent a dispatch to his pa
per. the purport of which was that q con-
versation had been overheard between two
members of the investigating committee. to
the effect that If they had known that the
revelations concerning MIR. Cameron would
be made they would have been reluctant
to enter into this investigation. Mr.. Dun
nell said that he understood the conversa-
tion occurred in the committee-room.
IMr. Wynne. who Is connected with the
Cincinnati Commercial Gazette. was the
next witness. He explained that he mere
ly delivered the information to Mr.. Dun
nell as a message from General Boynton,
the chief correspondent Of the Commercial
Gazette. The committee then sent for Gen.
BoynIon. but the messenger being unable
to find him Immediately, an adjournment
was taken until tomorrow.
BEEF FOR INDIANS.
-- 49,