New-York tribune., 1894-01-01


HIS VIEWS NOT CONQUERED IN.
Washington Dec 2l.-The opinions IN full OF Jus
tice Harlan ard Senator Morgan, arbitrators for
the United States in the Behring See case. We're
died N Paris yesterday. This pursuant 10 a
resolution adopted by the tribunal o. Its last con-
ference. by witch the wight was reserved 10 each
arbitrator file with the secretary Of the TRIBUNAL
any time before January :, 1904. an opinion or
OPINIONS upon the questions or any CT them SUD
rnitrcd cor determination which should be regarded
anne, 70 the protoco! OF that day. IRE opE-
lows Iust filed cmbodv Substantially what was sald
~ the two ar0!trators from the United states ~
s supposed that under the same resolution each or
the ether arbtrcto-s have filed opinions. Those or
Justice Harlan are fvc IL number and make
printed pamphlet O.. 200 pages. Two OF them
-eatc . the competency and power OF the 'TlouAa
20 make regulations Cor the Nortn PACING ocean
wsl for Bei.rAs SEA- one to the question OF
.fc jurisdiction and rights asserted ard exercised
by Russia In Behrna Sea prior and up TO 1867 when
Alsyil, was ceded 20 .ho United States; one TO the
question Of property IN the seals ana TIE l!Sht oi
tho United States 10 protec; them against peasic
sealing ana one 70 the subject OF regulations.
o.. re question to the power Of ihe tri-
buua, TO make regulations for the North Pacific
the views of Senator Morgan and Justice Harlan
prevailed.
Justice Harlans discussion of the questions Of
property and protection is very elaborate After an
extended statement Of TIE facts Of seal life ana a
full review OF authorities. he says:
"IT-om The principles thus announced by courts
and jnries. this rule. at least may be fairly de-
Guccd resting in sound reason In natural justice
and IN wise public policy. That. although AMI
mails fcrae nat2rae. however valuable to the
word are not the subjects of property while In
tho!. original condition Of wdness beyond the con-
trol Of nam for any purpose whatever, the law
will vet recognize right CT property in them in
favor Of one who by acting their natural in
stincts ana hy care watchf1lness. self-denial ana
Industry nduces causes them 10 abide for stated
pericGa in each year upon his premises. so that
h., ana he only IS in n positions TO deal with the
race as whole, taking its increase regularly fo'
comrnercia! purposes without importing the STOCK
The authorities proceed upon these grounds ina,
occupation, II IS called, Is the foundation OF
property IN animals ferae naturae; thai the right
Of property is not lost when the animals are away
from the!- accustomed habit2tion provided FOR
then, upon the premises OF the owne: as long as
their absence is accompanied with the intention TO
return and that such intention is deemed 10 exist
While they have the habit Of returning.
bringing together the princpa! facts and the
conclusions arising from them. the case presented
nv tho r-,,.ed States and upon which 1t asks
Judgment a. the hands Of this tribunal sustaining
its claim to these seals. not only while they are
at their breeding grounds, but when temporarily
absent therefrom the high seas in quest OF
food, Is fellows
This race ot animals is exhaustible in number
ri ~ are not product Of the for they are con
cefved on land cannot be conceived In the ocean
ard must of Acessty come into existence ana 20?
q considerable part OF each year abide upon lGi"'
Whe- away from their land homo ii Is for tenn
porary purposes and with the absolute certainty
,ha. unless waylcil and killed by pclacic seaers
while they are beyond territorial waters, they VIII
return to that home at particular time ana remain
there for several months In every year during whc0
q proper proportion ot their increase can be readily
,,,f~a In in s,g
THE land on which they We're born n-the islands o.
CT Pau, and ST ,ieorgc.-became The properly OF
the United States IN 1861, and has been maintainei
for more .han century, first by RUSSIA anu AFTER
ward by the United States exclusively as the
hebtation of this race. which they could resort
IN safety and TO which for period so long that ne
.,,enoory Of man runneth not he contrary they
have regularly rcsorted for the purpose of breeding
and rearing their young and of renewitc their coats
OF fur While on the islands. during the breeding
season they protected a; great expense against
indscrn.natc slaughter by raiders and seal hunters
In addition and that they may not be unduly dls-
turbed while the breeding grounds, the 'hlted
States excludes all persons from the Islands OF ST.
Paul and ST. George except such as are required
In connection with the industry there conducted
urder i,s authority or ccnse--;hat industry being
the taking for purposes Of revenue and commerce.
such proportion of males as can De sa'elF taken
without mparing the stock. ana foTOicding 'he
killing OF all female seals. on the Islands or 81
other place nor at any other time can discrimina-
ton be cde in respect the OF seals taken for
use Such discrimination is impossible when the
seals are taken in the ocean.
THE taking of these seals in the high 20
any extent that Is profitable 10 those engaged In
4. involves the very existence Of the race because
the killing by peagic hunters of seals heavy with
young or sucking mothers. or npregndted f~nln"-.
will inevitably result in the speedy determination
OF the race. So that the taking OF these animals
at tho breeding grounds fo- Commercial purposes.
under regulations tha; enable proper proportion
OF males 70 be taken for use and the killing If them
in the open waters OF the ocean, where no discr!m-
inatlon as TO is possible. Is the ciHerence be-
tween preserving the race for the benefit OF the
world and lis speedy eXtcrmln1:ion for the benei.
Of few Canadian and American sealers prosecuting
a business barbarous In rs methods that Presi-
den, Harrison htly charac'e.ised 1t as crime
against nature.
"Jf the claim OF the United States 20 these
fur seals rests in law. sound foundation, me
next inou, is whether It may protect It's property.
There can be but answer 10 this question Man
.festly 1t would have the same authority 20 rroec;
its property tha; individual Las for the proec-
ton Of his property The United State may. to
that end. employ any means which the law. undeT
the like circumstances permits 20 an Individual for
the protection OF his property. No one questions
its right 10 afford protection to that exten while
the seals are on its islands and while the are
within territorial waters. Tnat rfht-h IN" United
States owns The scas-is not lost whic tney are
temporarily absent in the high seas beyond terri
,or.al waters for they righifully ir the high |
seas and the United States IS .ightfuily present
wherever It's ships may be the high seas.
'Ru; does re right OF the United States 20 pro-
tect this race Of animals from determination b. |
pelasic hunters depend upon its ownership OF the !
herd while the seals are beyond jurisdictona /
limits in the high seas? Does that country have /
such special pecuniary interest IN the preservation
OF the that II may. consistently with the law
OF nations ana Independently OF any right OF prop
e-ty In the herd itself interpose il need be by force
tO prevent their wdnton destruction while absent |
from the Priby y.of Islands? ! say wanton lestrdc-
ton because for a moment doubt that |
pe,agc sealing II II continues to the extent prac-
t.sed within the last five years Will soon ex'erni |
this
termination OF this race OF animals by the desruc-
methods ~ nalaCic sealing. involving neces |