The morning news. [volume] (Savannah, Ga.) 1887-1900, 1891-01-13
BLAINE CAUGHTN MAPPING
THE BEHRING SEA ROW IN THE
SUPREME COURT.

The Case Brought Before the Tribunal
in an Attempt to Stay the SAILS of a
Seized sealer-The Issue shrewdly
Narrowed Down to Two Questions
WASHINGTON. Jan 12-The canny Cana
dians have caught the administration nap
ping in the Behring sea controversy by
bringing the main question involved before
our supreme court in motion made to-day
by Joseph II. Choate on behalf of Attorney
General Thompson, for writ to the United
States court at Sitka dismissing the case on
the Sayward, a Canadian schooner libelled in
that court for "poaching" fifty-nine miles in
Behring sea from our shore. An appeal
in the Sayward case has been pending for
year in the supreme court, although the law
creating the court at Sitka does not ex-
pressly authorize an appeal to the supreme
court
COULD HAVE BEEN KEPT our OF COURT.
II Secretary Blaine had notified the Presi-
dent that the law did not authorize an ap-
peal, and if the President had instructed
Attorney General Miller TO bring the matter
to the attention Of the supreme court, the
appeal would probably have been dismissed
as unauthorized, but the administr alton
allowed the appeal to stand, and
SO gave color for the motion
made in the case to-day. To come into
court now and ask to have the case dis
missed, would be an embarrassing proceed
ing which will probably not be entered
upon. The motion was such an entire sur
prise to the administration, in spite OF SEQ
retary Blaine's Enthusiastically diplomatic
reception of the news, when it was first
given to him thisiafternoon, as an old story,
hat r1nsk . nuatn ~
State, nor the Attorney General has as yet
formulated plan to meet it.
ENGLAND UP TO SNUFF
II, as suggested, they determine to crowd
it out by suggesting to the supreme court
that the subject Is still under negotiation,
it is understood taat Sir Julian Pauncefote,
| through his counsel, will formally declare
in the supreme court that the negotiations
were broken OFF last May, when our revenue
cutters were ordered to seize poachers in
Behring sea, aud that all correspondence
since exchanged between Great Britain and
the United States has been with view to
possible negotiation in the future. 1t is the
evident purpose of the British foreign office
| and the Canadian government, the two
working in entire harmony, to press the
case to decision by the supreme court if
possible
NARROWED THE ISSUE.
In the briefs which their counsel submit
ted with their motion they narrowed the
issue to these two questions: First. has the
United States power to seize Canadian
schooner on the high seas; second, was the
Sayward, being fifty-nine miles from Shore
on the high seas when seized; as if they
felt confident Of a favorable decision
on both questions. A novel point raised in
the briefs Is the construction Of the treaty in
which Russia ceded Alaska as limiting our
jurisdiction strictly TO the three-mile limit,
and reserving all outside of that to Russia.
The decision of the court, unless delayed by
some move on the part of the administra-
tion, ought to be forthcoming before many
days, this being an international case de-
| manding unusual courtesies.