62 ORAL ARGUMENT OF SIR CHARLES RUSSELL, Q. C. M. P. 



pelagic sealer, a zone probably closer to 40 miles tlian 20 miles, because 

 he cannot always perfectly satisfy himself as to tlie distance he is from 

 the nearest land, and looking to the serious penalties that would follow 

 from an entrance within the prohibited area he keeps outside that area. 

 I do not stop to consider whether the exact figure that the Commission- 

 ers have mentioned, of a 20 mile zone, is adequate. What I do wish to 

 point out is that if you think that 20 miles is not adequate you ought 

 to have present in your minds that 25 miles means probably 50, and 30 

 miles means probably 60, and that in the case in which the penalties 

 necessarily would be serious which would attach for an infringement 

 of regulations as to zone that prudence and the instinct of self-interest 

 keeps the pelagic sealer away, and widely away, beyond the outside 

 limit of that zone. 



It is important in this connection to consider two things: what are 

 the facts in relation to the greater or less plentifulness, if I may use 

 that word, of seals during the important months which we have to con- 

 sider, namely, the months of June, July, August and part of Septem- 

 ber, for pelagic sealing is at an end in the early days of September 

 unless there is exceptionally tine weather, and then it may be prolonged 

 for a few days longer. 



The President. — In Behring Sea. 



Sir Charles Kussell, — Yes, Sir, all I now say has reference to Beh- 

 ring Sea, and to Behring Sea only. 



There are two matters to be dealt with in relation to that. First of 

 all, the question of what is the evidence as to whether or not during 

 those months that I have mentioned which are the important months, 

 the vast majority of the seals are not either upon the islands, or within 

 a comparatively small zone of the islands themselves, and, further, there 

 will be an important consideration in this regard applicable particularly 

 to the question of the animals who have delivered their young. 



Upon the first point I should just like to say a word or two for the 

 purpose of illustrating what I have to say, for I am, as you of course 

 understand, not reinforcing these points 1 am making, with a fulness 

 which I should be able to if it were not that I am following the plan 

 which I have described, of merely stating our case in general outlines, 

 and my learned friend will fill n]) the i)icture. If you would turn to the 

 seal chart n" (5 of the United States Counter Case you will see what I 

 mean. In order to save you trouble and that you may see what I mean, 

 will you refer to this map also, N" 4, where you see the lines crossing 

 and recrossing. It is also a United States map in their Counter Case, 

 and it shows the series of voyages the results of which are set out in 

 the map to which I first called attention. I only want you to see the 

 way in which they traverse it. 



Mr. Phelps. — It is the cruising map. 



Sir Charles Russell. — Yes, the result of the cruising is shown in 

 the map to which I have called attention. That is all I want to show 

 you in that connection. 



Senator Morgan. — That is the map, in connection with Hooper's 

 report. 



Sir Charles Eussell. — Yes, Hooper and Coulson. 



Now forgive me asking your attention to this. You will see a 

 double circle. Will you be good enough to note what the description 

 of this chart is. It is Counter Case Chart N" 6, showing the position 

 and nuiuber of seals observed and reported by tlie United States naval 

 vessels in Behring Sea, during the season of 18'J2. So that this was, 

 as far as they could do it, not merely general and vague observations, 



