Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1892-03-05
BEHRING SEA CASE.
Tie U, S. Supreme Court Refuses a
Writ of Prohibition
To Prevent the Sale of the Schooner
ssywsrd. Seized for Illegal Sealing In
the Behring- Blaine and Pauncefote
sign "A Treaty OF Arbitration.

WASHINGTON, March 1.-The opinion
OF the u =. supreme court in the case
of ex.parte Thomas Henry Cooper,
owner of the Canadian schooner w. p.
Sayward, by which the government of
Great britain and the dominion of
Canada sought to obtain from the high
est legal tribunal in the United States
a determination OF the question of the
right OF the United States to exclusive
jurisdiction OF the seal fisheries
In Behring sea. was Monday rem
dered by the United States supreme
court The court first took up the
question of the right of the supreme
court TO issue writ of prohibition
against the Alaska court II saws that
although the Alaska court was not
mentioned in the act giving the United
States supreme court power to issue
writs of prohibition to review decisions
OF the district courts, yet. nevertheless,
where the Alaska court is acting as a
district court Of the United States, and
in an admiralty proceeding it comes
within the purvicw OF the act giving
the supreme court power of review by
way Of writ of prohibition.
1t then takes up the next question
and says that the libel on its face states
that the court found that the sealing
had taken place within the limits of
Alaska and the waters thereof, thus
making jurisdiction appear fully on the
face OF the proceedings. The officer of
the vessel. the court says, could have
questioned the right Of the court
to exercise jurisdiction and try
the case. lie did not do SO aud
the court holds that it can not
now, on the ground that the pri-
vatc rights of the owner were involved,
issue writ Of prohibition to determine
whether or not the Alaska court had
the jurisdiction clearly asserted on the
face Of the proceedings. Justice Field
dissented in this case and also from a
decision in favor OF the United States
in the case of the schooner Sylvia
Handy, all American vessel, seized Cor
illegal sealing, and in which the points
raised were the same as in the Say ward
ease.
The political question raised by the
attorney general, the court did not act
ually decide, though it conveyed very
broad intimation that If il had not a
narrower ground on which to refuse
the writ it would have declined to grant
the writ on this ground, as the court
should not pass upon questions
which were political in their nature.
II said the matter had long
been in controversy and negotiation be-
tween the two governments. 1t recog-
nized the honor paid the court in the
willingness expressed to have it review W
the merits of the fact as to whether or
not this country's jurisdiction extends
over the whole of I,chring sea, but that
1t did not think the legal tribunals
should interfere with assertions of ter
) ritorial sovereignty made by the other
departments OF the government.
| Treaty OF Arbitration.
The negotiations between the United
/
= States and Great Britain looking to the
submission to arbitration Of the long
pending controversy between the two
countries in regard to the Behring sea
seal fisheries, reached favorable con-
clusion Monday. Sir Julian Pauncefote.
the British minister, met Secretary
Blaine by appointment at the state dc.
partment and signed the treaty of arbi.
tration on behalf OF Great Brit.
ain. lie said he had been fully
authorized by Lord Salisbury to take
this action. Mr. Blaine signed the docu-
mcnt on behalf OF this government, and
the matter was consummatcd as far as
the diplomatic part OF the business is
concerned. The treaty Is still subject,
however, to the action OF the British
parliament aud the U. s. senate. The
exact terms Of the treaty can not be
stated, but it is known that the board
OF arbitration will consist OF seven per.
sons, two representing the United
States, two representing Great Britain
Zone OF whom is to be a Canadianl,
and one each representing the neutral
governments Of France, Sweden and
| Italy.