The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-01-14
THE BERISG SEA SUIT.
Supreme Court, Having No Jurisdiction,
MHsi niSrniss The Motion.


Must Dismiss the Motion.
WAsHiNGToN CITY, Jan. ls.- 1T is understood
that the cabinet considered the Bering sea con-
trosersy and the Indian question at a regular
meeting today, but X is impossible TO obtain
any Official information the subject. Attor-
ney-Gcneral Miller does not appear disturbed
over the turn fairs hoYe taken. IL is learned
through perfectly competent authority that
his apparent complsceuey is due TO the fact that
the case is not regularly before the supreme
court Tor final settlement.
"You see, said this oiiciai, "thc petitioners
moved IN injunction. or rather prohibition, as 1t
is termed in admiralty eases The attorney gen
cral objected 10 the Introduction OF the motion
on several grounds. He asserted that the su-
prenc court has no jurisdiction In the case at
issue. which originated in the district court OF
Alaska. Then he argucd briefly that the case
III f.5int was political one, without legal
pectS and had no place in the supreme court.
lie also took the ground that IL was nDeonstitu-
tionai io- the supreme court 10 administer upon
matters belonging TO the executive department..
There were several other minor points in his
argument. The discussion, which VIII take
place in two weeks, and the decision rendered,
Will in no way affect the merits OF the case.
NEW YORK, Jan. l3.Thc Heruld has volum-
inoussWasbngton CITY special relative to the ap-
rearance OF Canada III Great Britains behalf be-
fore the United States supreme court with refer
ence to the Bering sea dispute. In an interview
secretary Blaine, after the proceedings OF yester-
day in the supreme court, said he bad known Tor
some time that judicial proceedings were in con-
temptation, though he was not aware OF the pre-
else form or direction they wonid take. lie
continued:
II have nothing whatever to say on the sub
ject now. / shall probably have something to
say officially later and do not think II best TO
talk for publication at this time You may say,
however, that the department has not taken un-
authorized steps.
"Do you care TO say whether or not this case
in the supreme court win have the effect of
transferring the scene OF the controversy from
your department TO the court?
81 would prefer to remain quiet on that sub
ieet Just now" he said. ..There will be some
thing official to say later on. can say that this
is no coup on the part OF the British govern
ment, in the least.
/ am not at liberty says the correspondent,
to name some prominent men, belonging some
10 the Legislative branch OF the government and
eminent in private life, who have told me pri-
yately what they think about the propriciy of
the British governments participation in yes
tcrdays happenings. Ii the tone Of the feeling
here reflects the general sentiment OF the coun-
try. Blaine's dispatches 10 Minister Lincoln cam
not be expressed more plainly. lie tells Lord
Salisbury that the whole body OF the American
people has been insultcd by the pettifogging af-
front offered to the president OF the United
States. In both houses and on both sides the
questions OF sealing rights have gone clear ont
OF sight for the time being. II the persons
who control the acts and policy of this
government may be trusted TO do rs they say,
Salisbury will have to pass through the valley
OF humiliation before he can ever place the ne
gotiations back to the main points 0f the discus
sion. That he viii get them back to the main
triumphant situation for himself OF week ago
is deemed incredible by people of information
aud Judgment who have hitherto been severe
critics OF the administrations Bering sea policy.
Judging from the tone OF influential comment
here, Salisbury cannot tco soon or too skilfully
extricate himself from the unfortunate situation
into which he has permitted the Hering sea
question to be drawn by his Canadian advisers,
il he does not wish 10 front an angry nation no
longer caring about the merits Of the issue. but
keenly sensible to the conteInptuons treatment
OF their country by his lordship and of .'paltry
pettifogging" over digfiied questions of inter
national relations.
To quote the very words of Republican and
Democratic members,of the committee on for
eign relations. enc OF the gravest aspects of the
present situation Is the gFatuitous character of
the public official Intervention of the British
government in the judicial proceedings insti-
tuted today. John Ihomrson's ayowed object
could have been as well forwarded i1y conducting
these proceedings entirely in The name OF the
owner of the Canadian sealing schooner W. y.
Hayward. To add the British government to
the proceedings II. in the opinion of the presi-
dent and his cabinet anu other prominent mem
bers of the various branches of the government,
an Insulting manner OF answering Blaines note
of December II. which was couspicuously de-
signed TO provide fiodus yiyendf for a speedy
and smicable settlement.
Blaine has not brought before the public his
personal view of the joint proceeding of the
British and Canadian governments He win
again protest against the intrusion of the Cana
dian government into our international con-
troyersies with Great Britain ] am also nd
vised that he is not unlikely to insist upon the
transferring of the negotiations TO Lord Sails
bury and Minister Lincoln, upon the grounds
that the British minister here is not permitted
to serve the government he is presumed 10 rep
resent, except in such manner, aud to such an
extent the Canadian government approves.
He thinks, however, that he has got the head of
the offender in chancery at last.
What occurred yesterday hiss thrown the
BeriDg sea question back into chaos All sides
now wait on Salisbury and his disposition, If he
has any, to make an nmende honorable 10 the
United states for what Is now criticised as his
lordship's very bad break
Attorney [ teaerul Miller viii he ready with an
answer to the motion for writ of prohibition
within the time granted him by the court, two
weeks hence. The first question the movers
will be confronted with by the attorney general
is that of Jurisdiction That to say whether the
supreme court has any jurisdiction in the
premises at all. The supreme court has
no jurisdiction except where that Jurisdiction
giving this court jurisdiction, except on appeal,
the question is how can they get jurisdiction at
all? OF course, ii the papers which were filed i'll
the district court of Alaska, viz: libel and an
swer fail to show any jurisdiction in that court,
then this court might join the proceedings; but
ii Alaska has even colaborate Jurisdiction, then
the question is whether its decision is not final
and conclusive. II the supreme court is in any
doubt as to the extent and Jurisdiction Of the
possessions OF the United States in Bering sea
it win not prohibit the district court from act
ing upon its own view of that jurisdiction.
The position to be taken by the attorney general
is that il is not certain that the United states
has no other than conventional territorial juris-
dietion in Bering sea- that the two governments
are debating that question automatically,
and that the supreme court, conf0rmabiy 10 its
own repeated decisions, must wait and follow
the political determination OF the limits OF our
jurisdiction ia Bering sea.
In the preparation OF his brief on this position
the attorney general Will avail himself OF the
assistance of members OF the senate commit
tee on judiciary, ri which Edmunds. of YER
mont is chairman. j am able to say that sena-
tor Edmunds agrees in the view that upon the
facts the supreme court will be constrained 10
leave il to the political department OF the gov
ernment to TX the status of this country in
Bering sea-