Sturgis advertiser. (Sturgis, Dakota [S.D.]) 1887-1???, 1891-02-12
REHRiNo SEA DISPUTE.
How Department OF Justlcs OfIiclals Think
the case will ne Dfspo ,esi. or.

WASHINGTON, Jan. 1.-THE law OH
GERS OF the government have now spent
two DAYS In examining the case or Sb
John Thompson. They have already
reached the stage of moral conviction
that the supreme court will without
doubt or delay find itself necessltated to
dispossess itself OF the motion lodged
with it last Monday in the name. style
and behalf of Sir John. The officials OF
the department of justice found the con-
illusions whereat they have so speedily
arrived upon the following grounds:
l. The case made by Sir John Thompson
raises essentially and AS u matter OF sub
.iance O question of disputed boundary
between the United States and foreign
nation Such question has repeatedly
,me before the supreme court, and In
very instance that court has ruled that 1t
,Iust and will follow and enforce the con-
struction as to boundary as impaired by
congress, or by the executive In the ABB
sance OF legislative determination.
2. The attorney general Will resist the
motion of Sir John Thompson as vexatious,
i, sing that term In Its legal sense. On this
&, oint he will introduce, under seal OF the
,partment of state, transcripts OF dipl0-
attic archives showing that the queen OF
.eat Britain, the sovereign OF Sir John
Thompson, Is now, and has long been en-
& reat Britain and the United States In the
executive department. of the federal govern
II. emit, and that mere subject OF thai SOW
eregn, even with her own consent cannot
lc permitted to harass the government of
the United States by citing 1t before another
department of the federal governments to
answer the same allegations OF complaint
arising out Of the same subject matter.
3. The motion will be opposed on the
ground that the case Of Sayward Is not an
admiralty case and that consequently no
authority to issue the desired writ OF pro-
hibltion resides In the supreme court IL Ia
held that 1t is discourteOus for foreign
government to attempt to take matter
out of the diplomatic department. and en-
deavor to put 1t In the courts.
AS an instance Of this attention has
been called to the case of the Mexican
government In the fraud claim of Wen
and LaAbra. While that case was GO
ing through the diplomatic stages the
Mexican government proposed to resort
to the courts for determination OF the
fraud claim, and employed Matt Carpen-
ter, then senator from Wisconsin, to
prepare bill In equity to be'filed In the
United States court of this district. But
before doing so the Mexican minister at
Washington courteously informed Mr..
Evarts, then secretary Of state, Of the
intention of his government. Mr.. Evarts
very promotly condemned such d courses
and the Mexican government desisted
from instituting the suit ON the ground
that 1t would not be well 10 incur the
dtspleasure of the department OF state
pending diplomatic discussion and set
Element Of the matter.
The British minister has maintained
an absolute silence respecting the pro-
ceedings, but is understood to be await
ing instructions from Lord Salisbury.
It Is believed that Lord Salisbury will
disclaim all responsibility for the suit ON
behalf of the British government and
will remind Mr.. Blaine that the action
Of the encouragement of Canada is NOT
of diplomatic nature, and that conse~
quenty 1t is outside the jurisdiction OF
the imperial authorities.