The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-01-02
Though Not Adopted by the Court of
Arbitration, They Undoubtedly
Influenced It's Decision.
EXAMINERS FOR INDIANA
LOchren About to Increase His
Force Of Pension Spies.
Senator Voorhees, Silver Bill and Other
Financial Measures to Be Laid
Aside for the Present.

full of Justice Harlan and Senator Morgan,
arbitrator of the United States in the Ber-
ing sea case, were filed in Paris, Saturday,
pursuant to a resolution adopted by the
tribunal at It's last conference. The opinions
Just filed embody substantially what was
said by the two arbitrators from the United
States. 1t is supposed that under the same
resolution each of the other arbitrators
have filed opinions. Justice Harlan dis
cussed the question of the jurisdiction and
rights asserted and exercised by Russia in
Boring sea at considerable length. He thus
concludes the discussion of the question of
property:
THE taking of these animals at the
breeding grounds for commercial purposes,
under regulations that enable a proper pro-
portion of males to be taken for use and the
killing of them in the open waters of the
ocean, where no discrimination as to sex
is possible, is the difference between pre-
serving the race for the benefit of the world
and its speedy determination, for the
benefit of a few Canadian and Amer
so barbarous in its methods that President
Harrison fifty characterized 1t as a crime
against nature. The coming of these ami
islands and their abiding there so that their
increase can be taken for mans use, with
out impairing the stock, being due entirely
to the care and supervision of the United
States, if that care, industry and super
vision be omitted or Withdrawn, the speedy
dNSll CllO VI llC lCCC III 0CI Jill AlO
The same result will inevitably follow If
pelagic sealing be recognized as a right I'M
der international law, to be restrained, If at
all. or effectually, only by a convention to
which all the great maritime nations of the
earth are parties-a convention which all
known could never be Obtained-and which,
If possible to be obtained under any cir
cumStances, could not be had until its OBJ
ject, the preservation of these animals for
the use of the world, had been defeated in
the meantime by the determination of the
race. On the other hand, a recognition of
States in these animals would secure, be-
yond all question, the preservation OF these
animals.
IF the views which 1 have expressed are
shared by a majority of the arbitrator the
answer to the fifth question of Article VI
Paul and George in Boring sea, when
found in the ocean beyond the ordinary
United States, and as long as these ami
mails have the habit of returning from
their m tspat ryrr9DTGtsi ne : to- land and of h abiding
grounds. so that their increase may be
regularly taken there and not
ship of such herd and islands, may right
fully employ for the protection of those
animals against pelagic sealing such means
protection of their property; and that, in
dependently of any property right in the
herd itself, the United States. simply as
the owner of the fur seal industry main
tanned by it's authority on the islands Of st.
Paul and ST George and under the doctrine
Of Self-prOtection, may employ such means
as may be necessary to prevent the COM
mission Of acts which will inevitably result
in the speedy determination of this race of
animals, the basis of that industry while
they are in the high seas beyond territorial
waters and temporarily absent from their
breeding grounds or land home on these
islands"
Justice Harlan says further: mo civil
Iized nation does or would permit within
ifo nuyn toryifnr1y tho doCtr1Iption Or Qyformi-
nation of a race of useful animals by meth
DDS at once cruel and revolving. And yet 1T
is said that such conduct, If practiced on
the high seas, the common highway of all
peoples, is protected by international law,
which rests, as jurists and courts agree,
justice, right and humanity by which the
conduct Of individuals and states are and
ought to be guided. Thus the law to which
all civilized nations have aSSented is made
by the contention in question TO cover and
| protect acts which no one of those nations
limits. 1t is beyond all comprehension that
an act which every civilized man must con-
denim can be justified and sustained as hay
ing been done in the exercise of a right
given or secured by a law based upon the
assent of nations.
I'm the case before us 1T appears by over
whelming evidence that If pelagic sealing
continues to any material extent the i'm
portant industry which the United States
has established and maintained at great eX-
pense on the Pribyloff islands for purposes
of revenue and commerce, and for the ben
| eft of ali countries, must perish by the acts
of individuals and associations of individu-
ais committed beyond its jurisdictional linn
it's on the high seas, where the ships and
people of all nations are upon an equality
an industry which has never been interfered
with until pelagfc sealerS devised their BAR
| barous methods for Strengthening females,
some pregnant and others sucking mothers
in search of food for the sustenance of
themselves and their offspring. If, as al
ready suggested. these acts are done in the
exercise of a right recognized and secured
by the law of nations. then they cannot be
prevented or restrained by the United
| States, however injurious they may be to
any business conducted within the territory
| of that Nation. But II those acts are not
recognized and protected by the law of ma
tions; If no one can claim that all the ma
tons nave assented to the doing of that on
the high seas which no single nation would
permit to be done within its own territory
in short, if no one has the right, for mere
Temporary gain, to destroy useful animals
by methods that will inevitably and speed
lily result in the determination OF the race,
then the United States, whose revenue and
commerce are directly involved in the pres
ervation of that race, may, consistently
with the law of nations, protect its inter-
ests by preventing the commission of those
wrongful acts"
The majority tribunal did not accept the
views of Justice Harlan and Senator Nor
gan on the subject of the property rights
of the United States in the seals. They did.
however. adopt regulations establishing a
close season in Boring sea and the North
Pacific ocean, to begin on May l and to end
on July 81. A protected zone extending sixty
miles around the islands was also estab-
lished. Pelagic sealing was allowed outside
Of this zone from Aug. l to April ~.
Nr MAS ApGU~--ur