New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-03-18
THE BEHETNG SEA ARBITRAIION.

\cyt Thursday the BehrnS Sca dIpi''"''''
will meet a. Paris for the hearing on aigu-
mcnt. The main case OF each Government alu
=, counter case. replying to the MAIN one nave
already been submitted to them. ~ Is pre-
',,d th,+ thcy have acquainted themselves
with the facts in controversy ana WIN ,''
,,;no.,,c. of law which each Government de-
s;rcs +, have applied. The American arbItfa'ofs
,,c Mr.. Justice Harlan. of the supreme court
ard senator Morgan, of Alabama. Inc BRUSH
arb,,ators are Lord Justice llanncn ana olr
lain Thomson. the Premier OF Canada ana
tho Canadian Minister of Justice. There are
tbroo other members of the court. and they VIII
no probably. the deciding members. These
,rc II. Gram. Of Norway the Baron de Conr-
cellcs. of France, and the NiScount \choS'a' "
It,lr The previous experience which inc
troaty governments have had, tog win AL
arbitration similarly conducted, has chap'cu
them - move smoothly and rapidly through
the carly and. in many ways, the most en-
barassing stages Of the submission To the con
trovcrsy.
Five questions arc to he passed upon by the
c,u,t. Thlcc are h s'orcal. The first inquiries
What exclusive jurisdiction in the Bchr!ne
20, and what exclusive right in the fisheries
therein did Russia assert and exercise UP 10
tbe time of the ccssion of Alaska t. the h'cd
,t,tes?, The second inquiries, " How lar
Eu.sias claims Of jurisdiction and ol figh' III
the seal fisheries were recognized by Erca'
Hritan." The third inquiries whether the cX'
preston "Paciiic Ocean" i'll the treaty CT $50
Lct ,ccn Cheat T. iian and Russia included the
| Bohring Sea. lmportan, ~ arc these hlStoilca!
81 4 .Ip nj
! " was of right and authority. which VIC oo-
t,incd from Russia by our purchase of Alaska
and its waters. they cannot appeal to the public
50 directly as those questions that deal VITA inc
| character and habits of the seal, with the con
sCoucnt duty Of protecting them ana WIN 'hc
manner in which the protection must hcceS-
Sa,ilv be extended. Tnqucstionably, Wha'cVc'
il was tina. Russia had we obtained ana l''i
difficulty ned be anticipated in tho way OF inc
American counsel in convincing the colrl thai
il was an exclusive jurisdiction which Russia
claimed and an absolute ownership IN the seal
and that Great Britain and the United state
in enforcing their demands upon EusSia II
1925 gave numerous and direct evidences ina
those demands did not extend north OF The
Aleu,ian Islands. II this be so, the court de
cison must be in favor OF the United states
but if the historical issue be decided a"dlhs
~ there is another and a more important cn'
which will remain 70 be considered.
Tho American counsel go 10 Paris prepare
10 urovc that sealing can be conducted on lan'
without bringing TIE continued life OF the here
into any danger whatever; that 1t cannot ID
conducted in the water without bringing th
life Of the herd into the greatest danger. with
out. indeed rendering its extinction quick an
necessary; that the preservation Of the sea
during their passage twice a year thioug
Bchring Sea and the Pacific Ocean Ought I
he committed exclusively TO that nation win"
owns their breeding places and which there, a
prcat expense, guards them and promotes theI
growth {; that this Nation having the best rgf
in them. should also have an exclusive rSh
because they arc not a property capable
division without the danger Of extinction
These are the facts. which, In our judGmcn
possess chief significance, and are entitled,
{ an age that gives more attention t. justice an
G common sense than t. mere precedent, to chr
consideration. In any event, the arbrato
| is TO be welcomed a another admirable Illus
tlaticn Of the fact that the two great tnGsl
n Smoking nations Of the world can always lin
: q method Of determining the controversies tn
= NAV arise between them in 4 fair and peaccab
n | way.