312 ORAL ARGUMENT OF HON. EDWARD J. PHELPS. 



Avas 15,497 in Behring Sea, considerably larger than 21 vessels took on 

 tlie coast. In 1890, 24 vessels in Bebiiug !Sea took 18,16/); in 1891, 46 

 vessels took 28,888. 



Mr. Justice Harlan. — You say 46 vessels. 1 see the table says 50 

 vessels. 



Mr. Phelps. — Some of them did not go into the sea. These calcula- 

 tions have been carefully made, and I am sure they are accurate. So 

 that, in 3 years, 86 vessels took inside the sea 62,550 seals. The time 

 of the Behring Sea operations is shorter. It is all comprised within 

 July and August. The coast catch begins as soon as the vessels can go 

 out and it certainly is shown here to have occujiied, more or less, Feb- 

 ruary, March, April, May and June, May and June being much the 

 largest months. This is an average of 727 skins a vessel in Behring 

 Sea. 



Mr. Gram. — Is that only in the eastern coast of Behring Sea. 



Mr. Phelps. — Yes. 



Mr, Gram. — Kot in the Asiatic? 



Mr. Phelps. — No the eastern side. 



Mr. Gram. — I think the western side is included in that; do not you 

 think so? 



Mr. Phelps. — It may be. 



Mr. Gram. — You will find it in the Commissioners' Report, para- 

 graph 68. 



The President. — That was the first year of the modus vivendi. 



Mr. Phelps. — Yes that accounts for the size of the catch. It must 

 be so — the modus vivendi was in operation. 



Sir Charles Eussell. — Mr. Gram is quite right. 



Mr. Phelps. — General Foster says there is an estimate there of about 

 5,000 on the Asiatic side. If there is any uncertainty about those 

 figures, we will refer you to other figures that are sufficient for my pur- 

 pose. I think your suggestion is correct, Itcontains a certain amount 

 for the western catch. It does not affect the average. The aveiage, 

 you will see, of the vessels on the coast catch was 567 and the average 

 in the Sea is 727. 



Mr. Justice Harlan. — Before you leave that, I want to ask as to this 

 table. On 205 there is a column there ''Date of Warning" does that 

 mean those vessels had got into Behring Sea without notice of the modus 

 vivendi of 1891 and were warned out? 



Mr. Phelps. — Yes they got into the sea presumably without notice. 



The modus did not come into eifect till June the 15th so that it is 

 quite probable the vessels got in without notice, but whether with or 

 without notice, they were there, and warned on those dates. 



Sir Charles Eussell. — You will see in the ultimate column on the 

 right some never got in. The other represents those that got in. The 

 others were not in. 



Mr. Phelps. — That is so, but the vessels I have been dealing with 

 are those that got into Behring Sea. 



The President. — Have you made out a total proportion of catches 

 in Behring Sea and catches on the coast? 



Mr. Phelps. — Yes, in this way, — that the average for the vessels in 

 the North Pacific on the coast is 567 skins. The average for vessels in 

 the Behring Sea is 727 and for half the time — the season in Behring 

 Sea being so much shorter. 



Now I will ask your attention to a little more plotting we have done 

 for the benefit of the Eussian Government, as Avell as this Tribunal, to 

 inform them of the fruits of their diplomacy. We had yesterday 19 



