60 ORAL ARGUMENT OF HON. EDWARD J. PHELPS. 



whether important or unimportant, tliat we do not claim completely to 

 have snstainetl. There is no attempted contradiction of our assertion 

 of any fact that we do not claim is completely overthrown by the evi- 

 dence; and therefore I propose to look into this evidence, from which 

 bits and scraps have been referred to here and there, as tending- to show 

 some comminglino- of these seals, under the idea that perhaps if that 

 were made out the force of the case, arising from their attachment, their 

 appurtenance to this land, would be to some small extent weakened. 

 I may have time for the few moments before the adjournment to illus- 

 trate on the null) one or two things. 



There, Sir, are the Pribilof Islands (indicating on map), as you have 

 perceived; and there are the Commander Islands (indicating), 800 

 miles away. Here is the route of the Alaskan seals (indicating) going 

 from the islands in the fall, down through the Aleutian passes (indicat- 

 ing), across where the blue line indicates (indicating), until they come 

 opposite to San Francisco. I do not know that there is any evidence 

 that they go much lower down. I do not think they do. They then 

 return gradually along in the spring, following the blue line (indicating) 

 around until in June or July they come back again. That is the migra- 

 tion route, in respect to which I shall read something from some of the 

 naturalists ; the regular migration route of these animals excepting only 

 that the old bulls, as they are called, do not make this circuit. They 

 remain, I believe, up north as far as Sitka. The black line indicates 

 the route of the old bulls (indicating on map). They are seldom found, 

 as the evidence is, south of Sitka. But there is the route of the others 

 (indicating). 



From the Commander Islands, there is what is shown by. the evi- 

 dence, and I believe there is no dispute about it — the British Commis- 

 sioners admit that — to be the migration route of the seals from the 

 Commander Islands (indicating on map); far away from that of the 

 American seals, and they return, I supi^ose, iu the same general course 

 (indicating). There is uot much evidence about it. But you see from 

 the geographical construction, that there is not an opportunity, prob- 

 ably, for them to go elsewhere; but at any rate, there is the migration 

 route (indicating). 



Now, what is the suggestion — and it is nothing more than a sugges- 

 tion, as we shall see when we come to analyze this evidence? It is that 

 some of the American seals get out of their migratory route, at some 

 time or other, and find their way across here (indicating on map), for 

 the .purpose of getting mixed up with another herd. What for, upon 

 what motive, upon what inducement that is applicable to such animals, 

 or to any animals, nobody even suggests. 



Now, here is shown upon the map, indicated between those red lines 

 (indicating) what is called the ISorth Pacific drift current. That sets 

 over from the Japan coast (indicating). It is described by some wit- 

 nesses, whose testimony I shall refer to, as a warmer current, full of 

 food fish, which naturally attracts the seal, both from its temperature 

 and especially from its food. And you see when they come down far 

 enough to strike this current (indicating) — it is not very far below the 

 Aleutian Islands that the current passes — they go with the current of 

 food, and on around here (indicating) until the necessities of nature 

 require them to go away to the north. So that in addition to the reg- 

 ular migratory route, which, as we shall see from the naturalists, is one 

 that the animals never depart from, nor any animals of this class — in 

 addition to that, they strike into the North Pacific drift current, which 

 is the i)lace for their food and the jilace which at that time of the year, 



