Morning journal and courier., 1894-01-01

preserving the race Tor the dement, OF tho
world and it, speedy determination for the
benefit of . few Canadian and American
ssalers prosecuting business % barbar-
ous In its methods that President Harrison
6tly characterized 1t ~ crime against ma
turs.
The coming of these animals from year
to year TO the PribyloF Islands and their
abiding there DO that their increase can be
taken for mans use without tmpsiring the
stock, bsing duo entirely to the care and
supervision Of tho United States, IL that
care, industry and supervision b omitted
or Withdrawn. the speedy destruction Of
the race viii certainly follow. The same
result Will inevitably follow II pelagic ssal-
Ing be recognised ~ right under inter
national law, to be restrained, II ct all or
e6ectually, only by convention 70 which
| all the great maritime nations OF tho earth
are PARTIES convention which could
never be obtained: and which, II possible
to BE- obtained under any circumstances,
could not be had until its object, the pres.
ervation OF these animals TOT the use OF
the world, had BEEN defeated IN the mean
time by the determination OF the race.
On the other hand reco9ninon OF the
right of property asserted BY the United
States in these animals would secure BE-
| yond all question the preservation OF these
animals. Natural Justice, right reason
and mans interests demand that this recog-
milton be given by this tribunal, for the
| United States alone of all the nations
| holds such relations 10 these animals IL can
preserve the race from determination while
utilizing It for tho purposes for which 1t
harm, but only good, can come from Q
| Judgment to that eHect. Such . 1ndg-
ment VIII declare that the law OF nations
| Is adequate to preserve animals whose ex-
| tstence IL endangered BY the few who seek
temporary profit for themselves In the ex-
termination OF the race.
On the question of the United States to
protect tho fur seals against pelagic seal
ing he says: If the claim of the United
States to own these fur sssls resss In law
upon Q sound foundation the next inquiry
is whether 1t may protect Its property.
There can Dc but one answer to this ques-
ton. Aanifestiy IL would have the same
authority to prote Its property that an
| individual has for the protection OF his
property. The United States may 60 to
that end and employ any means which the
law under the IKE circumstances permit to
an lnoivious, Tor the proseotiop OF his
properly: NO one questions IL rights
aHolo ProSee"on 70 snat s1tent
wins tne SeAs arc On 's niAnos
sno wnii1 tney arc Wtnin te.fisofid
waters; fnet rignt-n the United States
owns the seals-is not ioss WINE they are
Temporarily absent In the nigh seas be-
yond territorial waters; foi they are right
Iuly IN the nign seas and the United
states Is r'gatfuilS present wherever Its
snlPs may 90 IA tue nisn seas. " rs
sosroe ns0s .ssa as,., o,.e s Tsn t. IN
suPpol' OF snts p pos,.lon. aae s.so.ns :s
senela. VI u.esS Du Sonoe ~
IuL se. .L " 70 go. - a. .,
the h;ap ssas ~ $4,000 '" 1''eAN ~ 'n
We ~ a.sL g. sI"L. % a.. 1,,..a s...
to,,ostis 1890 $50. 49,
49, a.. n ~ p - tha har5 ah,1a ,ha
ap1 s :,.s,as,.aI IT, 'I
e1 ~ ooyonu JusV I'M iis ~
no n.su, 0oay
. nSs 81 SUN ,..,p.t,o, sc a. In. az. -
49, ~ suo ..tan.,n ,.,th a. 70 a.;os
md ;n5snand.nt,, of am ri.ht ~ nrnn.r'
10 n ths had tale intsynrst 10 Nd he
h. forcs 10 nrasant their wsn.on dsstrnc.
ton while absent from the Pribvloff ia
iond.a 40, v.nton dastrnotion hecoroa
no on. o.n g.. ronn,ant danh. th.t a.,a,,,o
ssa,,no &C 4. nontinnas 20 tha artant ,,rso
.saI e,tL, ~ a. s. s iii 10
.i0.u WILL .hs pas. u,e s'Hi'' WILL 'oon
sns A..
Jusace hslisn discusses tne quesaon
m.;tsd S..tas ,ndanandantin 80, ~
srshin of tha seals bnt simnIy as tb.
ownar If the fnr.saai indnstrv condnota5
on the Pr,hvIoff Islands tba a,istance Of
nh;oh indn.tr1 Jansn5. mo-, tha ~
s..H".,.. os H.. aaa < ~ -.a IL
s.as ". w o ~ .., "s .,s. .i.;n ..1
:lou' " pfo'e'' 'nen 'saiuS' peiss'' Seal-
LUZ, "a
Upon me I aass'i1n 2. properly ano Pro G.
lection Justice Harlan concludes; 1T
seens 70 we snss tne aues.loa ~ 20 .ns OK
.ens Muaol nasion M.y 20 ~ p.o.ecsns
lts Ilena oePenos ens,feiy Oh tne cIfcu%-
ssances OF ssc9 PAIuouiaL case. tne
nents assa,leo are suon as the ma.
noh may oepeno ana preserve against
! Tue wrongful scts ot etneIs .neh IL may em-
pioy az the place OF stsack trom Wnicn tne
injury proceeds certainly, II that place be
not within the excluslve Jurisdiction OF an
other power, all the means necessary to
prevent the commission of those acts. In
the case before us 1t appears by overwhelm-
ing evidence that If pelagtc sealing contin-
ues to any material extent the important
industry which the United States has es-
tablished and maintains on the PribyloH
Islands for purposes of revenue and COM
mercs, and for the benefit of all countries,
must perish by the acts OF individuals and
associations.
If, as already suggested, these acts are
| done In the exercise OF Q 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 If those
acts are not recognized and protected by
the law of nations, If not one can claim
that all the nations have asssnted
to the doing of that on the
high seas which no single nation
would permit to be done within Its
own territory; In short. II one has the
right for mere temporary gain to destroy
useful animals 6y methods that VIII newt
ably and speedily result In the eItermina-
ton OF the race then the United states,
whose revenue and commerce are directiy
involved In the preservation OF that race
may consistently witnln the laws OF ma
lions, protect It's interests py preventing
the commission OF those wrongful acts. II
the views wnlcn nave expressed are
shared oy majority OF the aroitrators ths ~!
I" Tue '.ss'y snoule pe eu
the islands Of st. Paul and st. George, IL
Behring sea, when found in the ocean be
tyond the three mile limit are the property
| of the United States and as the animals
| have the habit of returning from theil
! | migration routes to and OF abiding upor
, those islands, as their breeding grounds 81
ina. 'nel. in co n %y os .h. tAss n
dangerine the existence of the race, tina
nation in view of its ownership of sucl
J nero may figntiuuy employ, ior sns pre-