The morning news., 1891-01-28
SEIZUREOFT FTHESAYWARD
THE CASE TAKEN UP IN TIE So
PREME COURT.


General Tart Joseph 4. Cho 2te and
Caldsron Carlisle Appear for Great
Britain The Case Opened By Mr.
Carlisle.
WASHINGTON, Jan. 27.-The Bering Sea
case came up to-day in the United States su-
preme court, pursuant to an order made by
Chief Justice Fuller. The court room was
filed with spectators The United States was
represented by Attorney General Miller and
Solicitor General Taft, and the government
of Great Britain by Joseph II. Cboate Of
New York and Calderon Carlise. Vice Presi-
dent Morton, Representative Greenhalge and
Ben Butler OF Massachusetts,, and Represent
stive Stockdale Of Mississippi were among
the auditors. The matter comes before the
court in the shape Of an application for
leave 10 file a petition for a writ of prohibi-'
ton to issue from the supreme court TO the
district court of the territory Of Alaska to
annul the proceedings in that court against
the schooner w. p. Sayward, which was
hbeled aud forfeited to the United States
for violation of the laws Of this country for
bidding the taking of fur seal in the waters
of Bering sea.
OPENING THE PROCEEDINGS
At 1855 o'clock the case was taken up,
and Calderon Carlisle opened for Gre
Britain He said it was bis duty at the out
set, especially because it had been made
subject of comment in the brief OF the United
States, even to the extent of asserting that
this proceeding was not bona fide effort to
have the court decide upon the matter of
private right, TO state reasons for announc-
ing that the petition was filed by Thomas
Henry Cooper, and with the suggestion of
the Canadian government HIS colleague
and himself considered that, In view of the
fact that the Canadian owner Of
the vessel had appealed to his own
local government for aid in the prosecution
of his private right, In view of the fast that
they were both retained by that govern
ment to aid in the assertion of those private
rights, that good faith to the court required
that they should not conceal, but disclose
in the plainest terms the actual facts in the
matter The attitude Of the United States
justified their course beyond question.
They did not think for one moment
that If all the princes and potentates on
earth came here to suggest or petition that
it could weigh one I ather's weight in their
disposition Of the question Of private rights.
They should be ashamed as American law
yers to make such a proposition to the
court.
JUSTICE BROWN INTERRUPrs
Mr.. Carlisle then spoke briefly in support
of the petition sought to be filed. He had
not proceeded far before Justice Brown in
terrupted him with a question as to whether
the libel on its face did not state that the
vessel was seized in the waters Of Alaska for
Illegal sealing in those waters.
Mr.. Carlisle said the libel simply stated
che matter in general terms.
Justice Brown-Are we not governed by
the libeli
Mr.. Carlisle-I submit not, your honors.
H1rrl.fk Ia haEn ,1k
cording as want of jurisdiction appears, or
does not appear on the face Of the proceed
ings
He took up the charge that this was
political question and not judicial one
and said that surely the construction OF an
act OF congress was one for the judiciary.
The only question to be decided was the
rights Of Thomas II. Cooper, owner of the
Sayward, which had been seized under con-
grsssional laws 1t is difficult to understand
how question which was a judicial one
before the district court of Alaska becomes
political question when submitted to the
supreme court.
THE SOLICITOR GENERALS POINTS.
In behalf of the government in opposi-
tion to the motion made by Mr.. Choate,
Solicitor General Taft recited the points IN
the attorney generals brief as follows:
/. This court has no power In any case to
issue writ of prohibition to thst court
because it is not a district court of the
United States, within section 6SS, r. s.
2 The question of the Jurisdiction of the
Alaska court. which the petitioners seek TO
present, cannot be raised on the record of
admiralty proceedings on file in this court,
because,
(a) The face of those proceedings show
Jurisdiction in the Alaska court and, after
the sentence, in such case prohibition will
not ISSUE
here examined, it shows the taking of seals
within three miles of the Alaskan islands,
which is confesSedly within the jurisdiction
of that court, and the seizure did not oust
jurisdiction TO condemn the vessel-first,
because objection on that account was
waived; second, because, showever illegal,
the seizure could not annul the proceeding
and, third, because the seizure, even if upon
the high seas, was legal.
Conceding all the facts averred IN the pc
tition, the question OF the jurisdiction of the
Alaskan court depends upon the extent of
the dominion Of the United States in Bering
sea. This is a political question to be
decided by the political department-the
executive and congress. They have both
decided 1T against the petitioners conten'
tdon. This Is conclusive upon the judiciary.
OPENING THE ARGUMENT.
The argument in support of these reason,
was opened by Solicitor General Taft, who
said, in conclusion, that by this procsediug e
it was attempted to nullify the constitu-
tional exercise of the lawful function
of the executive. The Attorney Gen
eral himself was therefore here tc
oppose the attempt on the part
of her majesty's government to bring into
conflict the executive aud judiciary, which
attempt should meet with decisive defeat
at the very threshold. 1t was right that th,
chief law officer of the government and the
representative of the executive should pre-
sent that argument.
THE ATTORNEY GENERALS ARGUMENT
The Attorney General then arose ant
continued the argument for the govern
ment Attorney General Miller began by
denyiug that the government imputed any
bad faith to the counsel wh en- IL stated that
this was not an attempt to settle private
right, but to transfer the discussion of ar
international diplomatic question from
the executive to the courts That
statement bad been taken from the petition
which said the counsel appeared at tn,
instance of the Dominion government,
which brought the case with the approval
of the British government Upon the mos
important point that case was a politica
question, which must be left to the execu-
tive. The Attorney General said il
part: THAT the action of the politica