Morning journal and courier., 1894-01-01
From All Quarters.
GREAT DAMAGE DONE BY ABIe WAVE.
DEBATE Is EXPECTED on FRIDAY

In The House On The Ha.
| waiian Question.
JUSTICE HARLAN,S OPIyION.
1t was Filed Together With That O
Senator Morgan, the Arbitrators fol
the United States in tho BehrinE Ses
Case-A Recognition by Right As
serted by the United States Woult
Secure the Preservation OF the Seal
The United States Can Protect tn,
Animals-He 10 strongly Opposed q
i PelaGic Sealing.
WARRINGTON, Dec. S1.-The opinions II
full of Justice Harlan and Senator Morgan
arbitrators for the United States in tn,
Behring sea case, were filed in Paris yes
terday. This was pursuant to resolution
adopted by the tribunal at its last confer
ence, by which the right was reserved te
each arbitrator to file with the secretary Of
| the tribunal at any time before January /
1894, an opinion or opinions upon the
| questions or any of them submitted fol
determination, which should be regarded
a. An annex to the protocol of that day.
The opinions just fled embody substan.
TALLY what was said by the two srbitratora
from the United States. 1t is supposed
that under the same resolution each of the
other arbitrators have filed opinions.
Those of Justice Harlan are five in
number and make o printed pamphlet OF
over two hundred pages. Two of them
relate to the competency and power Of
the tribunal to make regulations for the
| north Pacific ocean as well as for Behring
sea; one to the question of jurisdiction and
rights asserted and exercised by Russia in
Behring sea prior and up to 1867, when
Alaska was coded to the United States
one to the question of property In the seals
and the right of the United States to pro-
/ tect them against pelsgic sealing, and one
to the subject of regulations.
Upon the question as to the power of the
tribunal to make regulations for the north
Pacific the views of Senator Morgan and
Judge Harlan prevailed.
Justice Harlan discussed the question of
the jurisdiction and rights asserted and
exercised by Russia in Behring sea al
length. The opinion on that subject con.
cludes in these words:
"If am correct in the views above ex.
pressed the answers to the first four points
of Article vi should be substantially az
follows:
''To the frst-Prior to and up to the
time of the cession of Alaska to the United
States Russia did not assert nor exercise
| any exclusive jurisdiction in Behring sea.
or any exclusive rights in the fur. seal fish
cries in that ses. Outside of ordinary ter
ritorial waters, except that in the uksse Of
1891, she did assert the right to prevent
foreign vessels from approaching neare,
than one hundred Italian miles the coasts
| and islands named in that uksse.- But,
pending the negotiations TO- which
l that ukase gave rise, Russia voluntarily
| suspended its execution, 30 far - to di
| rect it's officers to restrict their surveillance
of foreign vessels to the distance of can
non shot from the shores mentioned and
by the treaty of 1924, with the United
States az we'll az by that of 1928 with
Great Britain the above ukass was with
drawn, and the claim of authority OF
power to prohibit foreign vessels from sp
preaching the coasts nearer than one hun
dred Italian miles was abandoned, by tn
agreement embodied In those treaties t.
the effect that the respective citizens ant
subjects of the high contracting parties
should not be troubled or molested In an,
part of the great ocean commonly callet
| the Pacific ocean, either in navigating tn,
same or in fishing therein, or in landing q
such parts of the coast as shall not hav
been already occupied in order to trad
with the natives under the restrictions an,
| conditions specified in other articles o
| those treaties.
To the second-Great Britain never re
| cognizsd nor conceded any claim by Rus
| sia of exclusive jurisdiction In Behrin
SEQ, nor of exclusive rights as to the ses
fisheries therein outside of ordinary terri
torial waters, although she did reccgniz
and concsde Russia's exclusive jurisdictio
within her own territory and such jurisdil
/ ton inside of territorial waters as was COZ
sistent with the law of nations.
To the third-The body of water no,
known as Behring sea was included in tn
phrase "Psoific Ocean," as used In th
treaty of 1926 between Great Britain an
Russia and, after that treaty, Russi
neither held nor exercised any rights /
| the waters of Behring sea, outside of ord
nary territorial waters, that did not belon
in the same waters to other countries.
To the fourth-All the rights of Russ
. AZ to Jurisdiction and as to the sea fisheris
in Behripg sea east of the water boundaI
| in the treaty between the United Stat
: and Russia Of March 8, 1867, PASSED und,
that treaty unimpaired to the Unite
/. States. 100
His discussion of the questions of pro
erty and protection is also very elaborat
He thus concludes the discussion of Il
question of property: Bringing togeth
: the principal facts and the conolusiol
arising from them the case present'
. by the United Slater and upt
which 1t asks q judgment at Il
hands of this tribunal sustsinir
1 "a. NJ NH
q they are ct their breeding grounds, b
when temporarily absent thersfrom on q
=. high seas in quest of food, IL as follow
b This race of animals Is inexhaustible
number and is valuable for purposes
rsiment and food. They are not . produ
| of the sek, for they are conceived on Ian
cannot be conceived in the ocean and mt
of necessity come into existence and fol-
considerable part of each year abide up
land.
When away from their land home It
for temporary purposes and with the abb
= lutte certainty that, unless wsylaid .
killed by pelagic seslers while beyond =
ritorial waters, they Will return to Il
home at particular time and remain tn,
for several months In every year duri
which portion of their increase can
readily taken, leaving the herd unimpail
- In its integrity.
The land on which they were born
Islands of st. Paul and st. George-beca
the property of the United States in 1S
and has been maintained for more thai
century first by Russia and afterwards
the United States exclusively as the be
tation of this race to which they could
sort in safety and to which for period
, 4 long that the memory Of man runneth
- to the contrary, they have regularly
Is sorted for the purpose Of breeding
If rearing their young and of renewing II
coats of fur.
While on the islands during the btt
ing season they are protected at great
pense against indiscriminate daughter
raiders and seal hunters. In addition,
that they may not be unduly distur
while ON the breeding grounds, the Un
States exoludes all persons from tho isls
of ST. Paul and st. George, except sue
ID are REQUIRED in connection with the I'M
!. try-there conducted under its authorit
u licsnss-that industry being the taking
purposes Of revenue and commerce {
proportion of males ~ caH be safely ts
without impairiDg tho stock and forbid'
the killing of all female scala.
On the islands of st. Paul and
George durinp the season and at no o
place nor ct any other time can disc
Tx ination be made In respect to the Sol
seals taken for use. Such discrimina
is impossible when the seals are tskeI
the ocean. The taking Of these seal
the high seas to any extent that 10 pl
able 70 those engaged In 1t involves