The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1893-08-18
A QUESTION Oh DAMAGES.
What Will the United States Pay
Great Britain?
CLAIMS COMMISSION.
An Extraordinary Sequel of the Seal
Controversy Comes Up.
Secretary Carlisle Calls Upon the Lessees
of the Pribyloff Islands to Pay the
Full Amount of Their RentaI-His
Reason for So Doing.

clally IN the Behring sea decision now
centers on the question of damages this
country will be obliged to pay Great
Britain for the use of seal hunting
through the operation of the modus vi
vendi On those vessels seized as poachers
prior to the agreement. In accordance
with article V of the convention for re-
newal of the modus vivendi, the arbitra-
ton will decide how much compensation
is due Great Britain from the United
States to be used for British subjects for
abstaining from the exercise of right to
take seals in the Behring sea during the
pending arbitration.
1t is understood the commissioners
of arbitration have already passed
on the subject but their report is not
made public. So much is definitely
settled with regard to damages this gov
eminent will be obliged 60 pay, and they
must be paid promptly by agreement in
the treaty renewing the modus vivendi,
but the main question of damages for
seizures made is not in SO definable and
settled condition.
There is nothing in the arbitration
treaty, or convention for renewal of the
modus vivendi, that makes provision for
allowing damages to persons who have
been injured through unlawful seizure of
sealing vessels and it is stated at the de-
partment of state that the matter
must take the course usually fol-
lowed in diplomacy. Claims against
in bulk must be filed by owners Of vessels
seized. In case of failure TO come to some
basis for a settlement without resort to
arbitration (and it is predicted that fail
ure Will occur the two governments will
agree to leave the question to the judg
ment OF an unprecedented tribunal, and to
this end claims commission will be ap-
pointed. 1t is therefore to be seen that
some time must elapse before definite ar
rangement will be reached respecting the
course of procedure with reference to
the assessment of seizure damages.
An extraordinary and unexpected
sequel of the controversy is that the
lessees of the Pribyloff islands, who since
the agitation of the questions now de-
cided by the arbitration, have year by
year been restrained by the United States
within narrower limits in regard to the
number of seals captured, and 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 previous administration
in reducing the rental to correspond with
the reductions enforced in the catch was
illegal.
Secretary Carlisle today made an Off
clal demand on the North American Com
mercial company for $3.50, 917 for rental
and bonus of the Pribyloff islands. The
amount due by years is stated as follows:
1890. AZ .4o3
1891. ACKNOWLEDGEMENTS 133, 62S
loSz-. ACKNOWLEDGEMENTS. lOS, 1855
The action of Secretary Carlisle is based
on an opinion rendered by Attorney
General Olney. In his letter to Lloyd
Travis of San Francisco, president OF the
North American Commercial company,
Secretary Carlisle says:
ssThe action OF my predecessor in max
ing reductions in rental and bonus which
your company agreed to pay to the United
States under its contract for the exclusive
privilege of taking fur seals in Alaska is
without authority of law. The original
contracts entered into in 1889 fixed the
annual rental at $50, 600 per year, and
limited maximum catch of any one year
to 100, 900 seals, which catch could be re-
duced in the discretion of the secretory
of the treasury. In addition to this
rental the government was to receive SO. so
per skin on each seal taken besides other
provisions as to the care of natives. The
secretary of the treasury fixed the limit
OF tne eaten InaG year al ,0UU SealSi Jne
next year about Ii, 600 were taken and in
1892, 10, 800"
Acting on the opinion rendered by At
torney General Miller, Secretary Charles
Foster, as he had reduced the catch of seals
from the original contract of 100, 600, re-
duced the rent in proposition. This action
of Secretary Foster is now declared to
have been Illegal, hence the demand
made, which it is understood Will be fol-
lowed by legal proceedings in case the
demand is not complied with.