The morning news. [volume] (Savannah, Ga.) 1887-1900, 1891-02-03
FIGHT OF THE SAYWARD.
THE SUPREME COURT RECEIVES
THE APPLICATION.

The Action of the Judges a Great Dis
appointment to the Administration -
The Next Question to be Decided Is
Whether the Writ of Prohibition
Shall be Issued.
WASHINGTON, Feb. 2.-Chief Justice
Fuller to-day announced that the supreme
court had decided to grant the petition OF
the counsel representing the British govern
ment for leave TO file an application for
writ Of prohibition to prevent the district
court of Alaska from proceeding 70 carry
out its decree of forfeiture made 10 the case
of the schooner Sayward, hbeled FORUM
lawfully taking seals within the waters
of Bering sea The court asked the counsel
at what date the rule requiring the
Alaska court TO come here and show cause
why the writ of prohibition should not tissue
should be made returnaole- The solicitor
general of the United States was anxious 70
have it made returnable at the earliest pos
sible date, as was Calderon Carlisle, junior
counsel for the parties who bring the case
here, and by mutual agreement the rule
was made returnable the second Monday In
April This settles the merely preliminary
question of the right 70 bring the case into
court, and the matter now to be settled Is
whether or not the court will decide
There must now be argument on the merits
of the Boring sea controversy. In announc-
ing the discrimination of the court
Chief Justice Fuller said that the
argument had taken a much wider
range than was necessary, and
that the court was of the opinion that 1t
had jurisdiction by way of prohibition,
under Section 6ss. Revised Statutes. TO
review the proceedings Of the Alaska
court
BUT FEW PEOPLE PRESENT.
When the court assembled at 2 o'clock
this afternoon, after the funeral Of the late
Secretary Window, only few spectators,
and an unusually small number Of lawyers
were present, the time of meeting and the
expectation that nothing of interest would
take place operating TO make the attend
ance very light. 1t was thought
the court would hardly announce
thus early its decision with respect to the
application designed to bring up TO this
court for review the merits OF the Boring
sea controversy. The court had already
held brief formal session at IL o'clock. at
which Justice Bradley, who was the only
justice present, had, so as to comply with
the order Of the court that it would meet at
noon to-day, opened the court and immedi-
ately declared it in recess until O'Clock,
for the purpose of permitting the justices
to attend the funeral Of the late Secretary
Window. There were, therefore, no formal
opening proceedings this afternoon, and
each justice in turn read the opinions he
had been instructed by the court to deliver.
Sixteen opinions were read, and all other
matters having been disposed Of. Chief
Justice Fuller announced the decision as
above summarized.
THE ADMINISTRATION DISAPPOINTED.
The President, Secretary Blaine and At
torney General Miller are greatly disap-
pointed at the decision OF tho court. They
had confidently expected, as they had earn-
easily hoped, that the supreme court would
not take the case in at ali. They do not want
to have to meet square issue in court, and
will be greatly puzzled during the next two
months in preparing for it. Among public
men generally Of both parties outside the
administration there is general satisfaction
over the decision of the court to entertain
the application. A judicial decision by our
supreme court on the question involved
would, they think, be a great help toward
q final satisfactory settlement.
BLAINE's ATTITUDE.
Secretary Blaine is quoted as saying to-
night, for publication, that he was not sur
prised that the supreme court decided to
entertain Great Britain's application, that
he supposed the court SO decided out of a
desire to be as fair as possible to Great Brit
ain, and to have added: II am willing to
submit not only to the single law point, but
the whole Boring sea question, in all its
phases, to the supreme court as final arbi-
TRAITOR, provided Great Britain stipulates to
abide by the decision rendered by the
court