The herald., 1893-08-18
THE BER|NG SEA DECISION.
Interest Now Centers in the
Question Of Damages.
Uncle Samuel Mulcted for a
Good Round Sum.
An Unexpected Sequel to the Fur
Seal Controversy.
The Lessses Of the PribyloH Islands to
BE Held for the Full Amount
of the Rental Originally
Agreed Upon.

By the Associated Press
WASHINGTON, Aug. 17.-Interest Of
fically in the Bering sea decision now
centers in the question Of the damages
this country will be obliged to pay Great
Britain for the use Of her seal hunting
subjects kept ont of the Boring sea
through the operation OF the modus VI
vendi, or those seized as poachefs prior
to the agreement. In accordance with
article v. OF the convention for the re-
newal Of the modus vivendi, the arbi-
tratlon tribunal must decide how much
compensation is due Great Britain from
the United States to be used for British
subjects for abstaining from the exer-
else Of the right to take seals in the
Bering sea during the pendency OF the
arbitration. It is understood the COM
missioners of arbitration have already
passed on the subject, but their report
has not been made puplic. So much is
definitely settled with regard to the
damages this government will be Obliged
to pay, and they must be paid promptly
by the agreement In the treaty renew
ing the modus vivendi, bat the main
question of damages for seizures made
is not definable and settled condition.
Nothing in the arbitration treaty or
the convention for tho renewal OF the
modus vivendi makes provision for
allowing damages to persons who have
been injured through the unlawful
seizure of sealing vessels, and 1t is
stated at the department OF state that
t,e matter must take the course usu-
ally followed In diplomacy. Claims
against the United States, either indi-
vidually or in bulk, must be filed by the
owners of the vessels seized. In case OF
failure to come to. some basis for eet-
Element, without resort to arbitration,
and it is predicted failure will occur the
two governments vin agree to leave the
question to the Judgment OF an unpreJu-
diced tribunal, and TO this end claims
com mission will be appointed. II y
II --,--5 --1-- s6..ifs suus suuursu ur-p pro-
cedure with reference to the assessment
of seizure damages.
An extraordinary and unexpected
sequel to the controversy is that the
lessees of the Pribylof islands, who
since the agitation OF the questions now
decided by arbitration, have year By
year been restrained by the United
States within narrow limits in regard to
the number OF seals captured, have now
been officially advised that the full
amount Of their stipulated rental will
be exacted from them by the United
States, and that the action OF the previ-
GUS administration in reducing the rental
to correspond with the reductions en-
forced az to the catch Of seals was illegal.
Secretary Carlisle today made an
official eemand on the North American
Commercial company for $289, III for
the rental and bonus of the Pribyloff
islands. The amount due by years is
stated as follows: 1890, $4z, ,4O3; 1891,
$133, ,628; 1892, sos, 1886. The action Of
Secretary Carlisle is based on an opinion
rendered by Attorney General Olney.
In his letter to Lloyd Tevis OF San Fran
cisco, president Of the North American
Commercial company, Secretary Carlisle
says:
''The action Of my predecessor in
making reduction in the rental and
bonus which your company agreed to
pay to the United States under it's con-
tract for the exclusive privilege of taking
fur seals in Alaska was without author
ity OF law"
The original contract swau entered into
in 1889. and fixed the annual rental at
$780, 900 per year, and limited the maxi
mum catch Of any one year to 100, 900
seals, which catch could be reduced in
the discretion of the secretary of the
treasury. In addition to this rental
the government was to receive &c. go per
skin on each seal taken, besides other
provisions "a to the care Of the nativaa
The secretary Of the treasury fixed the
limit Of the catch the first year at 1900
seals; the next year about 600 were
taken, and in 1892, 10.5OO. Acting on
an opinion rendered by Attorney Cen
eral Miller. Secretary Charles Foster, as
be had reduced the catch Of seals from
the original contract of 100. 600, reduced
the rent in proportion. This action of
Secretary Foster is now declared to have
been illegal. Hence the demand is
made. which it is understood will be
followed by legal proceedings in case
the demand is not complied with.