| Show THE SAY WARD CASE Choate and Carlisles Kejoinder to Miller TH ONLY REAL QUESTION I the Case Is One of Jurisdiction of Foreign Vessels Beyond the ThreeMIle Limit WASHINGTON May 2Messrs Choate and Carlisle counsel for the Canadian government in the Behring sea case have prepared a supplementary brief in the nature of a rejoinder to the brief of the attorneY < general In it the counsel reiterate their assertion that the seizure of the Say i ward was without warrant of law or under executive construction of the revised statutes The claim is made that all courts are inferior to the supremo court and sub I jucttoits mandamus or prohibition The only real question in the case they say is Has the United States jurisdiction of the conduct of foreign vessels in the waters of Behring sea more than a marine league from its shores P After discussing the objection of the attorney at-torney eneral to an examination by the supremo court of the entire proceedings of the Alaska district court counsel say the only question with which this court is called upon to concern itself is that of the jurisdiction of the district court Referring Refer-ring to the statement of the attorney general that the claimant did not apply for a writ of prohibition before sentence counsel coun-sel say petitioner could not apply for want of time the whole proceedings from libel to sentence being completed in six days and at 1 time when the supreme court was not in session Counsel contend at length that there is nothing in the evidence to show that seals were killed within the threemile limit and quote from the evidence to prove that assertion In conclusion counsel assert there can be no doubt the seizure was made without refer once to acts committed within three miles of the main land or adjacent islands and other instructions of the secretary of the treasury which held that all sealing east the 193rd meridian was a violation of paragraph para-graph 1056 of the revised statutes |
