The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-01-13
TO BE TESTED In COURT.
Action Taken by Great Britain in a Behring
Sea Seizure Case.

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 judicial deter
mination of the dispute between the United
States and Great Britain, over the seal
fisheries. Joseph B. Choate, in behalf of
Thomas Henry Cooper, the owner and
claimant Of the British schooner w. p. Say
ward, which was seized in the waters of
Behring Sea by the revenue cutter Rush
petitioned the court for leave to file petit
tion for writ of prohibition, to be directed
to the Judge of the District Court of the
United States in and for the Territory of
Alaska, restraining him from proceeding
with the condemnation and sale of the YES
sci. 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 At
torney-General two weeks 10 file an answer
to the brief of Choate, giving reasons il any,
why the petition should not be granted.
The brief filed by Choate begins by re-
cillng that by the law of nations the mu-
nlclpal laws OF a country have no extra
territorial force and cannot operate on for
elgn vessels on the high seas, and it is le-
gaily impossible under the public law for
foreign ycSselto commit breach of munich
pal law beyond the limits of the territorial
the seizure of foreign vessel beyond the
limits of municipal territorial jurisdiction
for breach of municipal regulations is not
warranted by tie law of nations, and such
seizure cannot give jurisdiction to the
courts of the offended country, least of all
WneTe the alleged act was committed by
foreign vessel at the place of seizure beyond
municipal territorial jurisdiction that by
the law Of pations a British vessel sailing on
the high seas Is not subject to any municipal
law except that of Great Britain.
The court is informed that Sir John
THOMPSON, her Majesty's Attorney-G General
OF Canaua, authorizes this motion TO be pre-
sented with the knowledge and approval of
the Imperial Government OF Great Britain.
Star reporter saw Secretary Blaine at
his residence this afternoon and asked him
what lie had TO say in reference to the petit
ton OF the Canadian Government in regard
to the Behring Sea controversy, filed
IN the Supreme Court this morning The
Secretary had no Information as TO the filing
OF the papers, and the reporter showed him
proofs of the Hling of the application. de
read the matter carefully half through and
then said:
This is something that has been threath-
ened lor some time, and of which L have
pIiSe to me. as l had anticipated
1t. have nothing whatever to
say on the subject now. | will
probably have something to say off
clally later, so DO not thlnk 1t best TO I TX
for publication at this time. You may say,
however, that the department is not taken
unaware"
The reporter asked: 'Do you care to say
whether or not this case in the Supreme
Court will Lave the effect of transferring
the scene of the controversy from your de-
partment to that court ?"
The Secretary smiled a deep, meaning
smile and picked up a newspaper that lay
on his desk. Il would prefer to remain
quiet on that subject Just now There will
be something official to say later. l can
only say that this Is no coup ON the part Of
the British Government in the least"
Subordinate officials in the State Depart
ment were wholly surprised at the turn
which affairs have taken. News OF the
filing OF papers i'll the court was news indeed
to them, and caused general wonder as 10
the outcome.
Partridge, the solicitor of the department,
SAID he had heard nothing whatever of the
matter and cared to express no opinion of
the merits of the claim. He did not think,
however, that the filing of the case would
have the effect of settling the controversy,
anu indicated that in his judgment the de-
partment had p.enty of powder left with
which to fight the matter to an issue.