The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-11-26

TO be allowed in Boring sea. The
United States and Great Britain main
| tanned fleets in the northern waters to
see that the modus vivendi was observ-
ed and to seize any violators. Finally
IN 1888 the Paris Boring sea tribunal
sat- which decided the United States
had no right to prohibit pelaglc seal
| ing IN Bering sea except within zone
| OF 60 miles around the islands contain
ing the rookeries. At the instance Of
the United States the tribunal decided
TO place certain restrictions on both
American and British sealers as to
pelagic sealing and methods to be used.
All through the controversy the Unit
ed States has claimed that the seal
nerds are being depleted by pelag.c
sealing. The pelagic sealers contend
that this is not so. but that the killing
on the rookeries is causing the deple-
ton. Friends of the monopoly of the
rookeries reply that is impossible be-
cause the United States allows only a
moderate number of seals year to be
killed there. Right here comes in what
may or may not be weak point in the
monopoly argument. Were the mono
poly able@ to deceive the American
treasury agent placed on the islands to
protect the governments interests, it
might kill more. But that is a delicate
matter to discuss and had best be left
alone. The pelagc sealers, however
are not 10th to discuss the subject, and
forcibly.
In support of its contention that
pelagic sealing is wrongful and harm
full, the United States government has
hampered the pelagic sealers in every
way possible, even going to the length
at one time of Selling the supply steam
er, thus compelling the schooners to re-
turn home in the middle of the season.
The writer was aboard the steamer and
can testify that the vessel was guilty
of no unlawful act. The United States
circuit court of appeals, sitting at San
Francisco, so decided and released her
In the seizure of the steamer there
came up an odd bit of international law
which, by a strange set of crcum-
stances, again is before the statesmen
eiib NlPioilellS VI t"o IOuLllIltS. he
government officers found in the steam
er's log, after she was seized an entry
showing that she had, on June 49, 1892,
towed number of schooners out of
Tonki harbor, western Alaska, ito the
three-mile limit and provsioned
themp' Upon this entry the govern
ment based it's case, claiming it had
jurisdiction over II miles from the
shore instead of over only the three
miles heretofore recognized by all ma
tons. In it's pleadinss the government
set forth that the three mile limit
never had been agreed to by interna-
tional conference or treaty, that it was
first established when ordnance could
carry with damage no further than
three miles, and that to-day ordnance
was of so much greater power that a.
nation must have jurisdiction over T.
miles from shore in order properly to
protect its coast line
The argument was that the supply
steamer, a British craft, had trans
ferred cargo in American waters with
out first entering, at custom house,
and thus was guilty of technical SNUG
Cling.
Judge Duweese of Michigan, assist
ant attorney general of the United
States, presented this argument 50 ably
that he won the case in the United
States district court in Alaska. An ap-
peal was taken to the circuit &ourt of
appeals which, sitting al San Francisco,
in lengthy and exhaustive decision,
denied the soundness of this doctrine
and reversed the lower court.
Now the government of Russia is
urging precisely the same argument
against the United States and the two
governments have just submitted the
point to the arbitration of a distinsu-
lshed Hollander. The case is yhe claim
OF the crews of three American pe,ae ic
sealing schooners for $4,000 damages
Eight years ago these schoorcrs, w.l,e
sealing near Copper .sland-a Russian,
pc session of Siberia-were seized bv a
russian gunboat and the crews sent to
Pe"on'uioski, where lhey wee i'm
rrisoned. They proved they were with
out the three mile limit, but the Rus
sian governmenl set up the claim that
1t had jurisdiction over eight miles from
shore, using precisely the argument
used by the United States i'll the case of
the sealers' supply steamer
The method of killing seals on the
leased rookeres is simple in the ex-
IRENE. 1t consists in hammering the
seals over the head with club as they
lie, inoffensive, awkward and slow of
movement, on the rocks. The sports
manlike method of the pelagic sealer,
miscalled poacher, shines in contrast
with this butchering
1t has been said in support of the
United States protection of the mono
poly it grants to the company operating
on the rookeries, that this protection
is in the interest of Americans, but it
is well known that much of the stock of
the company is held by foreigners and
every skin taken on the rookeries goes
to London to be cured and dyed-all