102 ORAL ARGUMENT OF SIR RICHARD WEBSTER, Q. C. M. P. 



females killed at long distances from the islands are probably females 

 in whom the milk is drying up, or wlio have left the islands not with the 

 intention of returning during that season. 



That might be for many reasons, among others, the death of the pup, 

 which we know occurs, and it is the case of the United States that it 

 does occur from causes perfectly independent of pelagic sealing, and 

 also from the fact that the earlier births — pups born in the middle of 

 June, some even in the earlier days of June — those which are born 

 before the end of June would be weaned or independent of the mother 

 some time at the end of July or the beginning of August which may 

 account as it does for a certain number of females with milk being killed. 

 It is an important thing to note in the United States aflidavits scarcely 

 any attention has been called to this question, what was the condition 

 of the milk found in the mother. As I submit, upon the fair view of 

 the evidence in which nursing mothers have been slaughtered by 

 pelagic sealing that might be the reason. 



Theu Mr. President you will notice that I have endeavoured to keep 

 all questions of attack upon the way in which the islands have been 

 managed quite independently to the end because I want, if the Tribu- 

 nal will believe in my wish to argue, fairly the question of regulatious 

 from the point of view of what they ought to be assuming the islands 

 to be pro]ierly managed — what would be the proper regulations neces- 

 sary for the preservation of life, that is to say proper regulations at sea 

 for the preservation of the fur seal. 



It cannot be seriously contended that it is necessary to preserve seals 

 at sea in order that the United States may be able to kill a greater 

 quantity on land. It would be most unreasonable, it would be most 

 unjust, it would be most unfair, having regard to the basis upon which 

 we are arguing this question of Regulations; and, therefore, I submit 

 that " necessarj^" must mean necessary upon the assumption that proper 

 Regulations are in force and are enjoined upon the Islands in order to 

 prevent an undue and improper killing of seals there. In that conec- 

 tion, I shall have to consider this question; Aye or no, it is true that 

 the" decrease, such as it is, is due to the action of pelagic sealing? And, 

 in that respect, I shall have to call attention to the facts which, of 

 course, must be expanded more at length to show that now you have 

 the whole facts before you, if you look at what is the real condition of 

 the rookeries upon the Islands and on the number of males that have 

 been killed, the size of the skins that have been taken, you can see quite 

 plainly from the year 1870 or 1880 downwards the rookeries upon these 

 Islands have been in a gradually waning condition; and that the con- 

 tention that the observed decrease in the years 1884 to 1890 is due to 

 pelagic sealing will not stand the investigation of facts now that we 

 have the facts before us. 



Sir, the enunciation of those questions may have seemed a little long. 

 On the other hand, it will enable you to follow the evidence to which I 

 proi)ose to keep closely in each case and will, I trust, show the Tribunal 

 that in considering the scheme of Regulations I shall be able to touch 

 on a particular subject and then to pass from it. Further I have to 

 regard this case as a whole from the point of view of considering what 

 Regulations are really fair. 



That is to say not from the point of view of asking you to give any 

 undue privilege or protection to pelagic sealing, but that you may by 

 regulation make a suggestion that will prevent any undue or unneces- 

 sary slaughter of the lives of those animals which it is so necessary to 

 preserve. 



The Tdbunal then adjourned till Wednesday, the 1 4th instant, at 11,30. 



