The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-04-26
BERING SEA RIGHTS.
Summary Of the Arguments il
the Sayward Case.
posTpostEssEmr or HEARMo-

Quesessns - yssis1ississ ~ - Alas1o
- ssYrsms Courss-Ths Law -
xsessns - - CIsseA So.
wxsz1xsros CrTr, April z.-Ihe ~
preme court has postponed the hearing On
the ssyvard and lottery cases until
October H. The government and counsel
representing the British government we're
prepared 20 20 on 9Th the Sayward case,
involving jurisdiction over Boring sea, but
the continued illness Of Justice Bradley
caused the cczT1 10 order posfponeznent,
fall bench being desired TO hear
case Of 50 much importance The briefs Of
both sices are very voiuminoua- They
must Be divided into two parts
Fizxf, legal argument involving right 70
bring the case before the court Ia the
rather unusual form Of . wi. Of prohibs-
ton: and second, . posltiCo-legzl argu-
menf involving the relations between the
departments Of the government In the
brief Of the government it il maintained
that writ viii NOT under the Ian issue
unless jurisdiction il shown on the face Of
the PROCEEDINGS by which forfeiture Eas
decreed- As the Ebei alleged Jurisdiction
properly. il IL maintained that even if the
United States has not control over
waters more than three mics from
shore, the conclusion must necessarily
be drawn that the court has the jurisdic-
ton Of the United States, Whatever hat
jurisdiction may be- Numerous authoEi-
ties are cited In support Of the DENIAL Of
the claim OF counsel for the British gov
eminent that the supreme court has the
right TO 90 beyond the face Of the returns
and determine whether or not the court
actually and rightly has Jurisdiction to
try the 0fense- The point il made that
though the Alaska court u subject 70 pro-
hioificn, il 10 not when sitting In
sdmiraity, and II m inferior coart in .
technical sense, but il . superior court
whose DEGREES are entitled to every pre-
sumption favorable to it, jurisdiction.
Counsel for Great Britain held that no
right Of appeal lay from the Alaska court
to the supreme court in admiralty cases,
and that, therefore, the latter court should
execise more extended Jurisdiction In pro-
hibiting after sentence than if the party
had other remedy. This matter turned
upon the meaning Of the words, sain other
cases." as used in the Alaska court, and it
il maintained that il Is much too narrow
view to hold that by these words the SUI
preme court is excluded from power to re-
view, and that it vas intended by these
words TO give the supreme court the same
power Of review that il had over all other
courts.
Counsel for the United States then con-
tended that, these things being true and
xtxA A *
the offense alleged and Jurisdiction over
the claimant by reason Of his voluntary
appearance in court, il follows that the
finding of the court that the seal killing
was committed within the jurisdiction of
the United States, Is conclusive and cannot
be impeached. A great number of authori-
ties are then cited establishing the doctrine
that the finding Of the Alaska court on
matter Of fact jurisdiction was conclusive,
and that the petition for prohibition must
therefore be dismissed. the supreme court
having. it 10 asserted, no power in collat-
erai proceedings to retry and review the
evidence. As to the seizure Of the vessel
on high seas, it 10 contended that any
objections based on illegal seizures we're
illegal. A municipal Law having been vio-
lated, the court. when it found the vessel
owner in its jurisdiction, had nothing to
do with how he came there, but solely
with his trial for violation of
the law. Counsel does not admit that the
seizure on the high seas was unlawful, and
cites from supreme court decision as
establishing conciusivcIy the right Of the
United States to seize vessels on the high
seas for offenses committed within places
over which this government had jurisdic-
ton. This brings the argument down TO
the political aspect of the case. and
it Is contended with great force,
supported by citations from numerous
decisions. that the territorial Jurisdiction
of the United States is political question.
from consideration of which the court 10
stopped by the action Of the executive, and
of congress deciding that the United States
has jurisdiction over the waters where the
Sayward was seized. The decision of Jus
tce Storey in the Suffolk insurance case,
counsel says, defeats the claim of
the petitioners, that the executives
has no power within himself without
legislation to decide . question of
sovereignty. The existence of such power
is made obvious, moreover, by the act
under which the seizures were ordered,
which directed the president to seize all
vessels taking seals in the waters OF Boring
sea. How is the president TO execute this
| command of congress if he does not de-
| termine for himself what waters of
| Bering sea are within the dominion
| of the United States2 Could congress
| have made palmer the wish that he should
| decide? Counsel says the numerous seix-
| ures attest the fact that the executive has
| decided that the United States has juris.
diction over Boring sea, and the volumin-
Gus correspondence between the British
and American governments is quoted from
as establishing this beyond all doubt.
Messrs. Carlisle and Choate, in opening
their case. lay down the position of the
British government broadly. that on the
high seas a seizure and condemnation by
a district court tor an otfense committed
| many miles from land are wholly unwar-
ranted by the law of nations, while with
| equal confidence il Is submitted that
no law or treaty OF the United
States warrants such seizure and condem-
nation, and that the district court
of Alaska never had jurisdiction of the
| vessel or its alleged offense. Counsel
maintains that the power of the supreme
| court to grant writ of prohibition cannot
be questioned. The claim of the United
| States that seals might have been killed
within three miles Of land is declared
"mere riotous imagination" the record
disclosing that the Sayward was never
! mearer than fen r,ites 70 he shnr~ IT,