The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1891-11-10
THE SAYWRRD CASE
1t Comes Up Before the Supreme
Court.
THE FULL BENCH WAS PRESENT
Carlisle Opened the Case on Behalf Of the
0wner-SOlicitor- Latin Opened
for the Governmet

WASHINGTON Nov. 9.--The United States
supreme court chamber was crowded this
morning with distinguished members of
the bar, present to hear the arguments in
the Sayward Behrlng sea seaers case.
Ex-Secretary Bayard and ex-Attorney
General Garland, of President Cleveland's
cabinet; ex-senator Edmunds, Senator
Mitchell, of Oregon; Representative
Springer, of Illinois, and others were pres
ent besides Attorney General Miller
Solicitor-General TAFT, Joseph Choate, of
New DIRK, and others who will take part
part in the arguments. Justice Bradley,
who has been in feeble health for several
mouths past was present. The court will
therefore hear this and other important
cases and Justice Bradley will take part in
the hearing of such of them as his health
will permit and the others will go on with
out him.
When court assembled Justice Bradley
was not present, bat he arrived and took
his place on the bench just before the Say
ward case was called, SO the full court was
present when the hearing began.
This celebrated case arises out of the
seizure of the Canadian sealer w. p. Say
ward, in Behring sea, for violation of the
act of Congress making it penalty to
catch seals within the waters OF Behrlng
sea. The vessel was libeled under the ad
miralty laws of the United Stated and
after trial the United States district court
OF Alaska declared forfeiture of the yes
sci. The suit was then brought 10 this
court on motion for writ of pro-
hibltlon to stop the Alaskan court
from taking measures to enforce
it's decree, the grounds for the motion be-
ing the contention that the court had no
jurisdiction to try the offense for the rea-
son it was committed more than three miles
from the shore, and therefore under the
law of nations, without the jurisdiction Of
the United States. BY this method 1t Is
sought to secure an opinion from the court
on question which has been for long
time in controversy between the United
States and Great Britain as to the exclu-
sive right of the former country to the
seal fisheries of Behring sea.
The opening skirmish in this legal!battle
resulted in favor of Great Britain, the
court deciding against the preliminary plea
by the United States that the supreme
court could not entertain even motion for
leave to file petition for writ of prohibi-
ton. Since the legal proceedings began an
agreement has been reached between the
two governments under which it is hoped
to secure final and definite solution of the
long pending diplomatic dispute, but this
will not affect the present case.
Calderon Carlisle, of this city, opened the
case in behalf of the owner of the Sayward.
At the outset he said the decision of this
case could not forestall anything any other
branch of the government should do. OF
course he said, it will stop any seizure of
any foreign vessel under any existing law.
This court may in this case without eX :
pressing any opinion as to the rights of the
United States hold that the seizure of this
foreign vessel fifty-nine miles from land
was illegal under international law and
under the existing law of the nited States
and not forestall any convention of the
| United States with reference to seal prop
| erty.
| Carlisle combatted the position taken by
| the United States that this court was
bound by the face of the proceedings and
could not go behind what was shown on the
Alaska court. First taking up the words
of the libel, which sets out: 1.-THE vessel
was seized in that part of Behring sea
coded by Russia to the United States" he
said it might very well be held that no part
of it was coded by Russia. If it was ces
sion from anybody it was a cession from
the civilized world, for Russia could moi
cede beyond three miles from the shore
Carlisle next took up the paint raised BY
the United States that if the court coulC
go behind the return of the Alaska judge
there was evidence which it may be pre-
sumed might have justified the court il
holding that the seals were taken within
the three mile limit. The attorney gen
eral, Carlisle said, in addition to the two
small barriers of which he had spoken, haC
set up another more serious one, namely
that the position taken by the executiv,
with reference to Behring sea was posi-
ton taken on a political question, that O.
national sovereignty which absolutel,
binds the court whether that posi-
ton be right or wrong.
the argument be correct that REGARD
less of the law of nations and the act OF
Congress, the President can extend tn
national boundaries far out into the ocean
shall he stop there and not make assertion
as Is our power and right which would, il
the language of Justice Story, lead to uni
versal mischiefA
He then asked, why, if the United State
could try British sealers for offenses in an,
Of these waters, why not British sailors TO
murder? He claimed the writ of prohibl
ton must issue because Of the fundaments
want of jurisdiction in the Alaska court.
Solicitor General Latin in opening tn
case for the United States, said its position
could be stated in two sentences. First
that the question which petitioner seek
here to raise is not presented to the cour
on the record in the case. Secondhand |
it is presented to the court the question IA
been decided, being political ques ton, b
the political department of the government
and the court will not reverse or oualif
that decision. Taking up the politica
phase of the argument, the solicitor gen
, eral said the government did not deny tina
the jurisdiction of the Alaskan court an
the venue of the offense were judicial cues
tons to be decided by that court and b
this court in a proper case. What he as
serted was that the jurisdiction of tina
, court and the venue of the otfense by
single step were made inevitably to depen
upon national jurisdiction in Behring ses
and that was political question and ths
the decision Of the executive and of Con
gress on that political question Is conclu
sive not only upon this court, but upo
every citizen within the jurisdiction.
| AsphyIiated by Gas.
CHICAGO, Nov. 9.-By the breaking of