Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-01-13
TALKED OVER ny THE CABINET


sentatives in the Bering Sea Controversy.
TIE ADMINISTRATIONS APPARENTLY NOT MUCH
DrsruRBKp-fHE ARGUMENT TO BE MADE BIT
ArroRSEY GENERAL MIILER-THE coKMHNT
on THE CASE AT TIE CAPITOL.
1t il Understood that the cabinet at the reg
ular meeting held today, had some general
conversation in q chatty way on the subject of
the new move on the part of the
British government in the Berins sea contro-
versy, which took the form yesterday of:;an APP
plication to the Supreme Court on the part Of
representatives Of the British government for
legal Interpretation of certain points that have
heretofore been discussed only in di-
piomacy. 1t is said that the
matter was not brought officially before the
cabinet, as it has generally been the custom to
conf1ne formal discussion and consultation on
eminent to those officers who are directly in
terested.
1t is understood that the conversation turned
ON this topic merely because all present were
interested in the case. Mr.. Blaine did not
come to the meeting until late. being detained
at the State Department by various matters.
The administration does not appear to be
particularly disturbed by the episode of yester-
day, to judge from the tone which the cabinet
officers assume when discussing the situation.
THE ATTORNEY GENERAL 8 ARGUMENT.
The Attorney General seemed to be in an un-
usually good humor this morning when STAR
reporter asked him if he had anything to say
for publication about the case. Even this
question did not disturb his equanimity.
II have long ago learned" he said, laughing,
that it is not a good plan to practice law in
the newspapers. Not that the newspapers are
not thoroughly competent to settle such ques-
tiSns Inv in the o right way S he ADDED
eternal wisdom, adjust things very wisely. But
they do not constitute final courts of appeal.
| shall have enough to say about this matter In
fortnight, when l shall make an argument
before the Supreme Court in the case"
1t is learned through perfectly competent
official legal authority that this complacency-
which is by no means confined to the Depart
ment OF Justice-is due TO the fact that the
case is not, as was stated inadvertently in The
STAR yesterday, now before the Supreme Court
for final settlement.
WHAT OCCURRED IN THE SUPREME COURT.
'You see" said THE STAR reporters in
formant, who was present in the Supreme
Court room, 'the petitioners yesterday moved
an injunction, or rather prohibition, as it is
termed in admiralty cases.
The Attorney General then arose in his place
at the bar and objected to the introduction Of
the motion. He did 30 on several grounds.
First he claimed that the Supreme Court has no
originated in the district court of Alaska. Then
he argued, briefly, that the case in point was q
political one, without legal aspects, and had no
place in the Supreme Court.
lie claimed that it was unconstitutional for
the Supreme Court to administer upon matters
belonging to an executive department. There
were several other minor points in his argu-
ment The court Immediately denied the right
OF the petitioners to make their motion, and set
o day, two weeks from yesterday, when the
question of admitting the motion will be finally
and formally argued.
The discussion which will then take place
and the decision which will subsequently be
rendered will in no way affect the merits of the
ton. am confident that the court will reas-
sert its conclusion Of yesterday"
CONSTITUTIONAL QUESTIONS.
The reporter made a hurried investigation as
to the law in the premises, but was informed
by reliable person, well versed in such mat
ters, that there is no definite statute prohibit
ing the transfer of such a question as that re-
lating to the Boring sea from the executive
branch OF the government to the judicial.
1t is therefore probable that the Attorney
General, in his argument week from next
Monday, will go upon broad constitutional
grounds and claim that the right of his
demurrer comes from the general division Of
the government, which was made by the
trainers of the Constitution. In all such ques-
legal step it is customary-indeed, necessary
to argue from the ground of general principles
and not from the basis Of any particular statute
or law.
Hence it is likely that the discussion will be a
broad one, and may cover many of the points
involved in the controversy itself.
DISCUSSED AT THE CAPITOL.
The prevailing topic Of conversation at the
Capitol and in political circles generally this
morning was the flank movement Of Her
Britannia Majesty on the Boring sea question,
by attempting to throw the contention, or a
part Of it, into the United States Supreme
Court as fully and exclusively described in The
EVENING STAR of yesterday. The universal
opinion among leading statesmen and poll
ticians, which was expressed freely and
without hesitation. was that the move
was most important one, and in fact
that it constituted one Of the principal public
events Of the season. But few are ready. how
ever, to discuss the probabilities as to the out
come of the case in the court, as the matter
has been sprung SO suddenly that everyone,
except perhaps Mr.. Blaine himself is taken BY
surprise and is unable to estimate the bearings
OF the law points involved in the case.
AN AFFRoNT TO THE EXECUTIVE:
1t is generally remarked that the British
government, in making this move, has assumed
all the responsibility for the result and must
abide by the issue. At the same time the action
Is regarded as ulrect affrOnt amounting al
most to an insult, to the President and the
Secretary of State which will undoubtedly be
resented by the administration and will prob
ably call forth vigorous reioinder from Mr..
Blaine.
The affront consists in the fact that after the
British government had submitted certain
propositions concerning tho seal fishery matter
70 this government and after these propositions
had been declined by US, Secretary Blaine made
counter propositions to the British govern
ment. but instead Of replying to these PROPOSE
tons Of the United States and without either
accepting or rejecting them. and. in fact,
without taking any notice of them,
the British government has applied to an
entirely different branch of our government
for solution of the difficulty, thus ignoring
completely the executive branch and snubbing
our secretary of foreign affairs. It is, as it
were, as il England and Canada had applied to
our Supreme Court for an Injunction
against the President and Mr. Blaine.
1t would not surprise people generally
II the affair led to q serious strainine
Of relations between the administration and
the British ministry and embassy, and it is at
any rate not likely to increase the friendly feel
ing between the two nations.
NOT CONSIDERED AN ISSUE BIZ MR.. BLAINE.
1t is noticeable that the main question sub
mitted to the court by the foreign htigants is
precisely the question which Mr. Blaine re-
fused to submit to arbitration, holding that il
did not represent the contention Of the United
States. This will not tend to maintaining cor
dial relations between Secretary Blaine and
those with whom he has been 80 recently me-