The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-03-01
THE sAYwAKD CASE DECIDED.
Against the Poscher-Rights in the Sea
Not Touched.

WASHINGTON CITY, Feb. 29-The opinion OF the
United states supreme court in the case ex parte
Thomas Cooper, owner of the Canadian
schooner Sayward, by which the government OF
Great Britain and the Dominion OF Canada
sought to obtain from the highest tribunal in
the United States determination OF the question
OF the right of the United States to exercise ex-
elusive jurisdiction over the seal fisheries in Be-
ring sea, was today rendered The court first took
up the question of the right OF the supreme
court to issue writ of prohibition against tho
Alaska court. 1t says although the Alaska
court was not mentioned in the action giving
the United States supreme court power to issue
writs Of prohibition TO review decisions OF dis
trict courts, nevertheless, where the Alaska
court is acting as district court Of the United
States and in admiralty proceedings, it comes
within the purview of the act giving the SUI
preme court power Of review by way OF a writ
Of prohibition.
1t then takes up the next question, and SAYS
the libel on its face states that the court had
found sealing had taken place within the limits
OF Alaska aad the waters thereof, thus making
the jurisdiction TO appear fully on the face of
the proceedings. The owner of the vessel, the
court says, could have questioned the right of
the court TO exercise jurisdiction and try the
case He did not do so, and the court holds it
cannot now, on the ground that the private
rights OF the owner were involved, issue a writ
Of prohibition TO determine whether or not the
Alaska court had jurisdiction clearly asserted on
the face of the proceedings.
Justice Field dissented in this case and also
from the decision in favor OF the United States
in the case of the schooner Sylvia Handy, an
American vessel seized io- Illegal sealing and
on points which the court did no. actually de-
eide, though it conveyed very broad intima-
tion that If il had not narrower ground on
which 20 refuse the writ, it would have declined
IN on ha hat fHa
should not pass upon question political
in its nature. Ii said that as the matter had
been in controversy and negotiation between the
two governments il recognized the honor paid
the court in the willingness expressed 70 have it
review the merits OF the facts as TO whether or
not this country's jurisdiction extends over the
whole OF Beriug sea, but did not think that legal
tribunals should Interfere with the assertions of
territorial sovereignty made by the other de-
psrtments OF the government.
WASHINGTON CITY, Feb. 29.-The negotiations
between the United States and Great Britain
looking to the submission 10 arbitration OF the
controversy between the two countries with re-
gard 20 the Berilg sea! fisheries. reached q
favorable conclusion today. Pauucefote, Brit
ish minister, today signed the treaty OF arbitra-
tion on behalf of Great Britain. He said he was
fully authorized by Lo-d Salisbury to take this
action. Blaine signed the document on be-
half OF this government, and the matter
was cousummated so far as the dlplo-
matte business is concerned. II is sill
subject, however, TO the action of
the British parliament and United States Senate
The exact terms OF the treaty cannot now be
stated, bEt it IS known that the board OF arbt-
tratiou Will consist OF seven persons-two repre-
sentiug the United States, two representing
Great Britain, one of whom IS to be Canadian,
ana one each representing the neutral govern
nents OF France, Sweden and Italy.
The joint commission considering the sealing
industry held another meeting this afternoon.
1t viii probably close its session this week.