The record-union., 1891-01-13
BEHRING SEA DISPUTE.
The Matter Presented Before the SUI
preIue Court


preme Court.
WASHINGTON, Jan. 12.-The Behring
Sea sealeries controversy case came up in
the United States Supreme Court to-day,
on a motion which has in view a judicial
determination of the dispute between the
United States and Great Britain over the
seal fisheries. Joseph III. Choate, in be-
half of Thomas Henry Cooper, the owner
and claimant of the British schooner w.
+. Sayward, which was seized in the
waters of the Behring Sea by the revenue
cutter Rush, petitioned the court for
leave to file petition for writ of pro-
hlbltlon, to be directed to the Judge of
the District Court of the United States in
and for the Territory of Alaska, restrain
ing him from proceeding with the con-
demnation and sale Of the vessel. The
object is to have the court take up and
pass upon the question of jurisdiction
over these waters The Justice made an
order giving the Attorney General two
weeks to file an answer TO the brief of
Choate, giving reasons, if any, why the
petition should not be granted
The brief filed by Choate begins by re-
citing that by the law of nations the mu-
nicipal laws of the country have no extra
territorial force, and cannot operate on
foreign vessels on the high seas. and If is
for II foreign vessel to commit u breach of
municipal law beyond the limits of terri
torial jurisdiction Of the law-making
States: that the seizure of foreign yes-
sci beyond the limits of tho municipal
territorial jurisdiction for breach Of niu-
nicipal regulations IS not warranted by
the law OF the nations, and such seizure
cannot give jurisdiction to the courts of
the offended country, least Of all where
the alleged act was committed by a for--
eign vessel at the place of seizure beyond
municipal territorial jurisdiction; that by
the law of nations q British vessel sailing
on the high seas is not subject to any
municipal law, except that of Great Brit
ain.
The Court is informed that Sir John
Thompson, her Maiesty's Attorney Cen
eral In Canada, authorizes this motion to
be presented, with the knowledge and
approval of the Imperial Government of
Great Britain.
BLAINE INTERVIEWER.
WASHINGTON, Jan. PA Star reporter
saw Secretary Blaine at his residence this
afternoon and asked him what he had to
say in reference to the petition of the
Canadian Government in regard to the
Behring Sea controversy, fled in the Su-.
preme Court this morning. Tho Secre-
tary had no information as to the filing of
the papers, and the reporter showed him
the proofs of the filing of the application.
He read the matter carefully half
through, and then said: "This is some
thing that has been threatened for some
time, and of which I have been anite
aware. 1t is, therefore, no surprise to me.
as had anticipated it. / have nothing
whatever TO say on the subject now. /
will probably have something to say of
ficially later, SO do not think it best to
talk for publication at this time. You
may say, however that the department is
not taken unawares.' -
The reporter asked: "Do you care 10
say whether or not this case in the
Supreme Court will have the effect of
transferring the scene of the controversy
from your Department to the court p,
The Secretary smiled a deep-meaning
smile, and picked up a newspaper that
lay on his desk. II would prefer to re-