64 ORAL ARGUMENT OF HON. EDWARD J. PHFLPS. 



It could not be any longer true if for centuries — or numberless centu- 

 ries — we do not know how long — interbreeding had beea taking place 

 between the seals. 



Let us look for a moment at this question as it stood upon the testi- 

 mony, up to the lime of the tiling of the British Counter Case, The 

 American Commissioners speak of tliis, and as I shall not read very 

 much I may be excused for reading a few words from wiiat they say at 

 page 323 of the United States Case. 



3. The fur-seals of the Pribilof Islands do not mix with those of the Commander 

 and Kurile Islands at any time of the year. In snmmerthe two herds remain entirely 

 distinct, separated by a water interval of several hnndred miles; and in their winter 

 migrations those from the Pribilof Islands follow the American coast in a south- 

 easterly direction, while those from the Commander and Knrile Islands follow the 

 Siberian and Japan coast in a southwesterly direction, the two herds being separated 

 in winter by a water interval of several thousand miles. This regularity in the 

 movements of the different herds is in obedience to the well-known law tliat m'ujra- 

 tori/ aiiimals follow definite routes in migration: and return year after year to the same 

 places to breed. Were it not for this law there would be no such thing as stability 

 of species, for interbreeding and existence under diverse physiographic conditions 

 woiTld destroy all si)ecific characters. 



The pelage of the Pribilof fur-seals differ so markedly from that of the Commander 

 Islands fur-seals that the two are readily distinguished by experts, and have very 

 different values, the former commanding much higher prices than the latter at the 

 regular London sales. 



Dr. Allen's report, in the first volume of the Appendix to the Case at 

 page 4(J6, is to the same effect. It is a very able and interesting article. 

 He says : 



The Commander Islands herd is evidently distinct and separate from the Pribilof 

 Islands herd. Its home is the Commander group of islands on the western side of 

 Behriug sea, and its line of migration is westward and southward along the Asiatic 

 coast. 



To suppose that the two herds mingle, and that the same animal may at one time 

 be a member of one herd, and at another time of the other, is contrary to what is 

 known of the habits of migrating animals in general. Besides while the two herds 

 are classified by naturalists as belonging to one and the same species, namely, the Cal- 

 lorliinus nrsinus, they yet present slight physical differences, as in the shape of the 

 body and in the character of the hair and fur, as regards both color and texture, 

 sufficient not only to enable experts in the fur trade to recognize to which herd a 

 given skin belongs, but sufficient to aff'ect its commercial value. As yet, expert 

 naturalists have been unable to make a direct comparison of the two animals, but 

 the differences alleged by furriers, as distinguishing the representatives of the two 

 herds, point to their being separable as sni)species, in other words, as well marked 

 geographic phases, and thus necessarily distinct in habitat and migration. 



Then we go into considerable evidence wliich I shall not feel justified 

 in detaining the Tribunal to read; but we have examined six British 

 furriers in London, twelve American- scientists aside from the gentle- 

 men from whom I read just now, and one witness, Mr. Morgan, who 

 was a superintendent on the Islands for a long time, and a ship 

 master in those regions for a very long time. The evidence will be 

 found on pages 92 to 98 of the Appendix to the American Argument, 

 in which the testimony is collated. These witnesses state the difference 

 between the furs — the animals and the skin; and they state the differ- 

 ences in the i)rice, and they all state that anybody acquainted with the 

 trade can readily and easily distinguish them. 



Now one further citation, and that is what the British Commissioners 

 have said about it. I shall not be understood, I trust, let me say once 

 for all, as referring to the British Commissioners Eeport as evidence in 

 respect to any question of fact that is in dispute, except so far as I 

 gather from it the admission of the other side. I refer to it as I refer 

 to the statements of a party, and I shall liave something to say about 

 that by and by. It is enough to say now that I refer to this book as 



