Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-02-23

our representatives before/th the tribunal,
but also of those distinguished gentlemen,
Mr.. Justice Harlan and Senator MORGAN
who made two of it5 members. These two
arbiUators. with a knowledge OF the case
unsurpassed by any of their associates
and actuated at all times by the hlghest
sought inteiligently, persistently and in
every way which they properly could TO
protect the interests of their country.
while the tribunal was composed Of
seven members the critics Of the findings
should bear in mind that the final deci-
sions rested solely with the three neutral
arbitrators from Italy, France and
Sweden, and further, that the treaty spe-
officially defined the subject matter to be
considered and the method Of procedure.
1t is manifestly unfair to confuse advo-
Gates with juries, and to lay upon the
shoulders of the former the burden of the
shortcomings of the latter. In 50 far as Is
the fur seal arbitration was failure it
was not one of presentation, but interpre-
tation."
tribunals Findings.
In discussing in detail the findings" of
the tribunal, the speaker called attention
to the fact that every episode of seal life
and every danger which threatened it had
been brought to the attention of the arbi-
traitors, not only in the case and counter
case. but in carefully compiled brochures,
which could be quickly read and easily
mastered, and that all this was reinforced
by oral argument They were shown that
any pelagic sealing is injurious-the mag
nitude of the injury being proportionate to
the size of the catches; that in quest OF
food the seals, and especially the mothers,
vert 200 miles or more from the island, so
that spears in the hands of Indian hunters
were as deadly as shotguns, for being
noiseless the hunters get all in sight. In
spite of this it was decided that the seals
could be preserved by continuing pelagic
sealing (by sailing vessels only in the
North Pacific up to the LIST day of May; by
permitting its resumption in Sering sea.
sixty miles off the Pribiloff Islands. after
the list day of August, and by authorizing
the use of shotguns in the North Pacific
and spears in Boring sea. In short" he
said. instead of affirming a property right
on the part of the United States. thus COM
pletely realizing the object of it's creation,
and at the same time enunciatirg a prin-
ciple which would have been of value to all
nations for all time in the preservation of
great groups Of creatures useful to man.,
this high tribunal preferred voluntarily to
limit Its powers to the adjusting of two
conflicting methods of taking SEALS Any
attempt to adjust pelagic sealing, to the
continuation of the life of the seal herd, is
as futile as to attempt to make two bodies
occupy the same space at the same time"
Experience has shown that the only
efficiency which these regulations possess
Is the three months enforced idleness
Even this Is practically valueless, unless
we can secure the extension of the regula-
lions to Japanese and Russian waters. At
tne present time the pelagic sealer en-
the Asiatc coast. and following the herd
northward Is in close proximity to Boring
sea at the time when he Is again permit
ted to engage in hunting there, namely,
August L.
Some Figures.
The attention of the audience was in
vited to a schedule upon the wall wherein
oh he oeyi,
to 1894. In the former year the catch from
all sources was about 1900, while in the
latter 1t was $4,000. In the face of the
regulations not less than 65.OOO skins were
taken from the Alaskan herd, 81 900 of
which were secured in Boring sea. More
skins are now taken at sea from the parent
stock Of both the Commander and Pribiiof
herds than formerly were taken on land
from the natural increase, with the result
that the yield on the Commander Island
have fallen off. and after four years of
rest, only 1900 were shipped from the
friDIloI IsiauuS. Continuing his remarks
the speaker said: The United States is
In the position Of the owner OF a vested
irrigation privilege, upon which there has
been trespaSsing, under the pretense of
right, and who, having consented to arbi-
tration, rather than fOrceful election, has
not only lost the bulk of the water In his
ditch, but Is in a fair way to lose all and
to be compelled to pay we'll for the wa
ter which the trespasser did not take. Not
only are our valuable rookeries PROSTATE
by reason of the killing of seals at sea. but
existing law forbids the killing of females
on land, while existing regulations legalize
such killing at sea, and thus the peiagic
hunter will at his leisure take them all
In addition to this Congress is now asked
to pay nearly half million dollars for the
seals which the pelagic hunters were pre-
vented from killing during 1SS6-SI and
1850.
Prospective Damages.
Far be 1t from me to criticise public
officer, for extended observations have
taught me that they are more often erred
against than erring, but in the $i2o,OOO
which the government is asked to turn over
to Great Britain, there are more than $780,
900 worth of damages for prospective
catches. The payment OF prospective dam.
ages was not stipulated for in article of
the treaty of February, 1872. Later 1t was
provided In the renewal Of the modus vi
Verdi in 1892 (article 81 that any prospect
i've damages growing out OF the application
of that particular modus should be passed
upon by the arbitrators, but both govern
ments, through their agents at Paris,
waived all such rights In the only court or
redress open to them. In addition 10 tnis
precedent Is against the awarding of pros
pective damages, for in the case OF the
Geneva arbitration. when the United
States demanded consequential damages,
the tribunal promptly ruled them out
praisernents of vessels and high vasdatichS
of prospective catches, there are grave
doubts as to whether a commission would
approve such consequential damages
The Summary.
Mr. StanIey-Brown summarized his re-
marks as follows:
1. That the seal is a creature whose de-
struction has no justification. for, unlike
the buffalo. 1t occupies no territory needed
for domestic animals, and 1t Is only
through protection at sea that the herd
can be kept at it's maximum size, and thus
secure to the world the continuation OF the
industry in it's largest proportions.
2. That last year the assault upon the
Alaskan seal herd by the pelagic seaiers
was the most damaging, numerically, TO
which 1T was ever subjected.
g. That the injury done the Alaskan herd
in Boring sea last season reached Its maxi
mum, and entailed the additional destruc-
ton of at least 10000 pups, whose death,
while benefiting no one, contributed great
ly to the decadence of seal life.
4. That at an early day not only will the
occupation of the pelagic sealer cease-for
he is In the position Of the carpenter who,
standing upon a projecting board, saws
himself off the roof-but that vast indus
try of London, which depends upon
Of seal ckinS