98 ORAL ARGUMENT OF HON. EDWARD J. PHELPS. 



Senator Morgan. — Yes. 



Sir Charles Russell. — It lias regulations about preventing sealing 

 from a particular day in the year. 



Senator Morgan. — To a certain place in the ocean. 



Sir Charles Russell. — There is no question about any place in the 

 ocean. 



Senator Morgan. — It seems to me it must be. 



Mr. Phelps. — I will refer again to the act, whicli will be found on 

 page 442 and 444 of the United States Case. 



Sir Charles Russell. — This is the Jan Mayen Convention. 



Mr. Phelps. — That is the other side of the Atlantic, but in this one 

 the legislation is confined to Newfoundlnnd; and I will read a few of 

 these sections and then you will see how far it goes. The Act of 1892, 

 on page 444, I will refer to. 



No steamer shall leave any port of Newfoundland or its dependencies for the prose- 

 cntion of the Seal Fishery before the hour of six o'clock in the fore noon of the twelfth 

 day of March in any year under a penalty of five thousand dollars, to be recovered 

 from the master, owners, or other person on whose account such steamer shall have 

 been sent to such fishery; provided. 



And so forth. 

 Then 



No seals shall be killed by any crew of any steamer, or by any member thereof 

 before the fourteenth day of March or after the twentieth day of April in any year, 

 nor shall seals so killed be brought into any port of this colony or its dependencies, 

 as aforesaid, in any year under penalty of four thousand dollars. 



and SO forth. 



Senator Morgan. — Now if you will allow me to ask, all that relates, 

 as I understand it to pelagic hunting of hair seals. 



Mr. Phelps. — Yes. 



Senator Morgan. — The question I was asking was, whether there 

 was upon the coast of Newfoundland, or any otber place where these 

 seals assemble, a rookery or place of resort or habitat. 



Mr. Phelps. — I understand not. I understand that they breed in 

 the open sea or upon the ice in the open sea, that they do not come 

 ashore, that in that respect they are entirely different from the fur-seal. 



Senator Morgan. — That is what I wanted to know. 



Mr. Phelps. — You will remember, although in the evidence in this 

 case as to the Behring Sea, it is shown the hair seals frequent more or 

 less and are seen in the water, there is no proof they come up at the 

 Pribilof Islands or the Commander Islands or anywhere else. 



Senator Morgan. — So that the Statute you have just read relates 

 entirely to pelagic hunting. 



Mr. Phelps. — Entirely. 



Sir Charles Russell. — There is a statement by Professor Allen on 

 the subject which would seem to be rather contrary to my learned 

 friend's view. 



Mr. Phelps. — I may not be quite accurate in what 1 say about the 

 natural place of these animals. I confess it has not attracted my 

 attention. 



Sir Charles Russell.— There is a reference in it to Professor Allen, 

 and there is this reference from Professor Flower, page 185 of the Brit- 

 ivsh Commissioners Report. He says: 



In habits all the OtariidcB, whether hair-seals or fur-seals, appear to be much alike. 

 As might be inferred from their power of walking on all fours, they are better capa- 

 ble of locomotion on shore, and range inland to greater distances than the true seals 

 at the breeding season, though even then they are always obliged to return to tlie 

 water to seek their food, and the rest of the year is mainly spent in the open sea far 

 £iwav from land. 



