300 ORAL ARGUMENT OF HON. EDWARD J. PHELPS. 



Aud other wituesses, a good inauy of them examiued by the British 

 Government, say the same thing. 



Captain Warren of Victoria, who owns a hirge number of these vessels, 

 (at page 99 of the British Counter Case Appendix, Volume II), says: 



The sealing season is divided into two parts, the coast season and the Behring Sea 

 season. The coast season terminates about the end of June, but vessels intending 

 to go to Helning Sea generally leave the coast lishing during the month of May 

 sealing as they go north w^ard, and reaching Behring Sea the end of June or beginning 

 of July. 



Captain Herman R. Smith, a British witness (at page 61 of the same 

 2nd Ai)pendix to the British Counter Case), says: 



On the Vancouver coast in the early part of the season, about one-half of the seals 

 got are females, about one-half of which are with pup. As the season grows fewer 

 females are got, and of those got a small proportion are in pup. By the second week 

 in June, all females in pup have left the coast, as far north as Queen Charlotte 

 Island, 



Frank Moreau, examined by the United States (at page 4G8 of the 

 2nd Appendix to the United States Counter Case) says : 



Sealing commences about the 1st of January and ends about the last of June. 



There is no contradiction to this. There are a great many more 

 witnesses that state the same thing; and we make out our point there- 

 fore from all these various directions, that the coast sealing — the coast 

 catch — does last clear up to the 1st of July. By that time the seals are 

 through the pass, and as they travel with great rapidity it does not 

 probably take them more than a day to go through the pass to the 

 islands. They are through the pass and the vessels follow in just about 

 the 1st of July — very rarely before. 



Mr. Justice Harlan, — I would like to ask you this. Your tables 

 in the case describe the different catches — speaking of the '' S[)ring 

 catch", the "Coast catch", and tlie "Behring Sea Catch". What is 

 the dividing line, if there be one, between the "Spring catch" and the 

 "coast catch", or is there a dividing line? 



Mr. Phelps. — I do not know that I can give a specific answer to that 

 question. I think that the "Spring catch" is perhaps lower down — 

 opposite the parts of the sea from which they start; and the "Coast 

 Catch" is along this coast round further north. General Foster will 

 show it you on the map. 



General Foster. — It says they were accustomed to go into Victoria 

 or Clayoquet Sound in the Spring — April possibly — or the latter part 

 of March to unload the Spring Catch; and the coast catch is taken up 

 here [indiciating on the map], which is generally exchanged by a vessel 

 being sent up to take the skins and furnish the vessels with su])plies. 

 That is called the "coast catch"; the whole altogether being the 

 " northwest coast catch." 



Mr. Justice Harlan. — The reason for my asking the question is that 

 I have a table before my eye. On page 211 of the British Commission- 

 ers' Eeport there is a table showing the catch of the British Colund)ian 

 vessels for 1889. I take the vessel "Annie C. Moore". Spring catch 

 313, coast catch 489, Behring Sea catch 1318. Total 2120. 



Mr. Phelps. — I see the distinction and I will try to answer it 

 to-morrow. 



Mr. Justice Harlan. — I suppose the "spring" and "coast" catches 

 together constitute what is called the "North West Coast catch". 



Mr. Phelps. — I will enquire about it. Sir. 



Sir Charles Russell. — As I understand the contention we under- 

 Btand the spring catch extends from the earlier months from January 



