Evening journal., 1891-01-13

the Canadians-The Ohio Ballot Box
Committee Acquits Foraker and Hal
stead Of the Charges Against Them.
WASHINGTON, Jan. i3-rhe Behring sea
fur seal fishing question was yesterday
afternoon suddenly and unexpectedly
brought before the supreme court of the
United States, when Sir John Thompson,
attorney general for Canada, through Mr.
Calderon Carlisle the American counsel
Of the British legation. and Mr.. Joseph
Choate, associate counsel, made a motion
in the court for a writ Of prohibition com
manding the United States district court
at Sitka to aunul the proceedings by which
the schooner w. p. Sayward was libeled in
1887. This move on the part OF the Cana
dian officials, it was stated, was made In
behalf of Canada by Sir John Thompson
with the full knowledge and consent OF
the British government, the purpose evil
IDENTIFY being TO appeal from the state de-
partment to the supreme court to settle
once for all the dispute. This move on the
part of the British government seems not
to have been expected, and the attorney
general was taken by surprise when the
motion was made by Mr.. Choate.
The Attorney General Given Time.
The court ordered that two weeks time
be granted to the attorney general to pre-
pare TO contest the motion. The British
government. it is believed, has had this In
contemplation for some time, probably
[ since last spring,
The Seizure OF the Snyward.
The schooner w. p. Sayward, of Vic
toria, B. c., was captured by the revenue
cutter Rush, Capt Shepard, for killing
seal in Behring sea- When the capture
was made the schooner was on Behring
sea fifty miles from any land and there
were Az seals on board. The schooner
was taken to Onalaska by the Rush and
/ from there to Sitka, where she was libeled
by the United States district court for
taking seal within the jurisdiction Of the
| United States in violation of the revised
statutes. An appeal was taken and the
case brought TO the supreme court, and on
motion OF the petitioners this was yester-
| day dismissed, which motion was imme-
diately followed with request to file sug-
gestions with the court for the writ of pro
hibition TO annul the action Of the district
court OF Alaska.
A Novel and Ingenious Scheme.
The idea of taking, the case from
the uncertain and dilatory court OF
diplomacy to the court OF justice, Is
both novel aud ingenious The prayer
coming from a friendly nation, interna
tional courtesy requires that the matter
shall be considered by the supreme cour
at as early a day as possible. II the su
preme court decides that the United States
/ hnH ~. ffrhf tf al "a fnr 81 "a.
ing seal in the Behring sea more than q
marine league from shore, all pretentions
OF the United States to jurisdiction over
those waters will be exploded. The briei
of Great Brtain's attorneys fully discusses
the question of jurisdiction over Behring
sea.
In substance it is urged that If Russia
ever had jurisdiction over these waters
beyond the marine league, not conceting
at all that she had, it was not by virtue OF
her possessions in the Aleutian islands
and Alaska, but by the general consent OF
other nations. Then the treaty between
Russia and the United States is quoted
from to prove that the only cession Russia
made TO the United States was of the ter
ritory Of Alaska and the Aleutian islands
and 'the waters adjacent thereto" Argu
ment is made to prove that the waters ad
jacent thereto are and could only be thos'
waters within the marine league from the
shores. 1t is claimed that the language Of
the treaty clearly indicates this.
Violation of Municipal Statute.
On'these points the brief says: 1.-THE pro
ceeding here sought to be prohibited is an
attempted exercise OF jurisdiction, not un
der the general maritime law, but undei
a municipal statute In order TO sustain
| Il.
must necessarily appear that the act com
mitted by the master and crew OF the Say
ward, for which the condemnation and for
feiture was sought, was an act In violation
of the laws OF the United States, done and
committed in place subject TO their legis
lation and judicial jurisdiction" The
Russo-American treaty of 1924 is then ex
amined TO determine what it purports e
grant or convey to the United States, anC
the conclusion is reached that 1t does moi
expressly convey any dominion In the wat
ers Of Behring sea.
MIR. Blaine Not Surprised.
Secretary Blaine, when asked about this
movement on the part of the Canadian
governments counsel, said: 'This is some
thing that has been threatened for some
time. and Of which l have been quite
aware. IL is, therefore, no surprise to me
as had anticipated it. have nothing
whatever to say on the subject now
shall probably have something to say
officially later, and so / do not think il
best to talk for publication now. You
may say, however, that the department is
not taken unawares." When asked
whether or not this case having been
brought mp in the supreme court would
result in transferring the controversy from
the state department to the supreme
court, the secretary said; 81 would prefer
to remain silent on that subject just now
There will be something official later on.
can say this, however, that this is no coup
ON the part Of the British government Ia
the least"
ForaIser and HaIstead Not Gnntr.