The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-08-16
Findings of the Behring Sea Tribunal
in the Long Pending Dispute.
They Asked They Got More Than Great
Britain Was Willing to Concede.
Pelagic Sealing Prohibited Within Sixty
Miles of the PribylOff Islands.
Uncle Sans Claims of Closed Sea and Prop
erty Rights in the Seal Herd Denied-Firs-
arms Banished-Damages to Be Paid.
BEHRING SEA DECISION.
Both Sides Seemingly Pleased with the Eli
fngs of the Arbitration Court.

BEHRING SEA DECISION.
Both Sides Seemingly Pleased with the Find.
ings of the Arbitration Court
PARIS. Aug. 15-The decision of the Behr-
ing sea tribunal of arbitration was handed
down at 11:07 O'clock this morning. The
FIVE points of Article are decided against
the United States. a close season 10 estab-
lished. to begin May and to continue until
July 81. This close season shall be observed
both in the North Pacific ocean and In
Behring sea. A protected zone is estab-
lished. extending for sixty miles around tho.
islands. PelagIc sealing is allowed outside
the zone in Behring sea from Aug. l. The
use of fire arms in sealing is prohibited.
After q preamble stating the case submit
ted for decision. the full text of the award
runs as follows:
We decide and determine as to the five points
mentioned in article 6 as to which our award is
TO embrace q distinct decision upon each Of
them. AS to the first of said five points. we,
Baron de Couroel. John NJ. Harlan, Lord Ham
men. Sir John 5. ID. Thompson, Marquis Emilio
Visconti-Venosta and Gregero w. W. Gram. be-
Ing majority or said arbitrators, do decide as
follows: BY the Ukase OF 1871. Russia claimed
jurisdiction In the now known as Behring
sea to the extent OF 100 Italian miles from the
coasts and islands belonging to her. but in the
course OF the negotiations which led to the con-
clusion OF the treaty OF 1924 with the United
States and the treaty or 1925 with Great Britain,
Russia admitted that her Jurisdiction in said sea
should be restricted so as TO reach cannon shot
from shore. 1t appears that from that time up
to the time OF the cession of Alaska TO the
United States Russia never asserted. In fact,
exercised any exclusive rights to the seal fish
cries therein beyond the ordinary hmit OF terri
torial waters.
As to the second of the five points, we decide
and determine that Great Britain did not recog-
niZe concede any claim upon the part OF Rus
sia TO exclusive Jurisdiction as to the seal fshe-
ries in Behring sea outside the ordinary terrific
rial waters.
requires US TO decide whether the body OF water
now known as Behrlng sea was included Ia the
1925 between Great Britain and Rnssla. We unan-
imOusly decide 10 determine that the body Of
water now known as Behring sea was included In
the phrase "Paolno ocean, as used In said treaty.
On the fourth point, We decide and determine
that all the rights of Russia to jurisdiction and
to the seal fisheries passed to the United States
limited By the cession.
On the fifth point the decision of the
gan dissenting, was:
We decide and determine that the United
States have no right to the protection OF or prop
erty In the seals frequenting the islands OF the
United states in Behring sea when the same are
found outside the ordinary three mile limit; and.
whereas, the aforesaid determination OF the
foregoing questions as to the exclusive jurisdic-
-~;son of the United States leaves the subject in
Britain is necessary to the establishment OF reg
ulatiOns for the proper protection aud preserva-
ton OF fur seal habitually resorting to Behring
sea, we, being a majority OF the arbitrators,
assent TO the whole nine articles OF the following
regulations as necessary outside OF the jurisdic-
ton limits or the respective governments, and
that they should extend over the waters herein
after mentioned.
This last decision was made by arbitra-
tors John l.. Morgan. Baron De Courcel,
Marquis Vlsconti-V VenOsta and Judge Gram;
Lord Hannen, John NJ. Harlan and Sir John
Thompson dissenting The following
regulations were adopted by majority of
the srbitratora Judge Harlan and Sir
John Thompson disse ting:
Article l. The United States and Great Brit
ain shall forbid their citizens and subjects. re-
spectively, to kill. capture pursue at any time
or In any manner whatever the animals com
miles around the PrybyloR islandss inclusive of
the territorial waters, the miles being geograph-
ical miles, sixty to degree OF latitude.
Art =. The two governments shall forbid
their citizens or subjects to KILL capture or pur-
sue in any manner whatever during season ex-
tending in each year from May l to July 81, in
elusive, fur seals on the high sea in that part of
the Pacific ocean inclusive OF Behring eitu-
ated north of the 35th degree Of north latitude
Greenwich until II strikes the water boundary
described In Article OF the treaty or 1857 be-
tween the United states and Russia. following
that line up TO Benring straits.
Art 3. During the period OF time In the waters
In which fur sealing is allowed only sailing
sells shall be permitted carry or take part in
fur-seaing operations. They will, however, be at
liberty to avail themselves of the OF such
canoes or undecked boats, propelled by paddles,
oars or sails as are In common use as fishing
boats.
Art L. Each sailing vessel authorized to carry
on fur sealing must be provided with special
license issued for the purpose by Its government.
Each vessel employed shall be required to
carry distinguishing flag prescribed by its gov
ernnsnt.
Art. 5. The masters Of vessels engaged in fur
sealing shall enter accurately in official log
book the date and place OF each operation. the
number and the sex OF the seals captured daily.
These entries shall be communicated by each of
the two governments to each other at the end of
eacn season.
Art. 6. The use of nets. fire arms or explosives
Is forbidden in fur sealing. This restriction
shall not apply to shotguns when such are used
season When such NAV Iawf1iIly he carried ON. one
Art. 2. The two governments shall take meas
ures to control the fitness OF the men authorized
to engage in sealing. These men shall have been
proved fit TO handle with sufficient skill the
weapons with which seal fishing is carried on.
Art 8. The preceding regulations shall not
apply TO Indians dwelling on the coast OF the
territories OF the United states Great Britain
carrying fur sealing in canoes or undecked
boats not transported by or used in connection
with other vessels, aud propelled wholly by
paddles, oars or sails, and manned BY no more
than five persons. in the way hitherto practioed
By the Indians, provided that such Indians
not employed by other persons, and provided
that when so hunting In canoes or unlocked
boats the Indians shall not hunt fur seals outside
the territorial waters under contract or deliver
skins to anybody. This exemption Is not TO be
construed 10 affect the municipal law OF either
country. shall 1t extend TO the waters OF
Benring sea or the waters around the Aleutian
fslands Nothing herein contained 10 intended
10 interfere with the employment OF Indians
hunters or otherwise in connection with seal
ing, as heretofore.
Art. 9. The concurrent regulations hereby
determined>with view to the protection and
preservation of the fur seals shall remain in
force until they have been wholly in part
abolished modified by common agreement
between the United states and Great Britain.
Said concurrent regulations shall be submitted
every five years to a new examination. in order
in the light or past experience there Is occasion
TO make any modification thereon.
The arbitrat0rs make O special finding on
the facts agreed upon by the agents of both
governments with reference to the seizure
of British vessels In Behring sea In 1887 and
1880 In addition. the srbitrators make
certain suggestions to the two govern
ments. the most important being that they
should come TO an understanding to pro-
hibit the killing of seals on land or sea for
q period of from one TO three years. and
should enact regulations to carry out the
findings of the ar bitrators.
Baron De C0urcel after the decision was
rendered. thanked the arbitrators for the
close and intelligent attention they
brought TO bear upon the case. Lord Han.
nen and Senator Morgan. in replying to The
president of the tribunal, acknowledged
his courtesy and hospitality.
The American arbitrators are satisfied
with the decision. and believe that tho
regulations decided upon by the tribunal