ORAL ARGUMENT OF SIR RICHARD WEBSTER, Q. C. M. P. 131 



of miles when the wiud is in the right direction, for the soil on the breeding rook- 

 eries is completely impregnated with it. The odour bears no resemblance to that 

 which arises from the bodies of a large number of assembled animals. 



The quantity of excrementitious matter present is influenced by the nature of 

 their diet, which, being tish, is largely assimilated, while in their coming and going 

 much of it may be deposited in the water, to say nothing of drenching from rain to 

 which the rookeries (many of which are solid rock) are subjected. 



Upon the face of the affidavit, the statements are a little inconsistent. 

 You see the character of the rocks from the photograph which speaks 

 for itself — the rain would not wash it away from the liollows of those 

 rocks. If the statment be supposed to mean that the excreta of the 

 seal are not solid, the whole of the evidence in this case is to the con- 

 trary of that. That the females do void something of that character 

 just before the birth of their pup is spoken to by Mr. Bryant. I submit 

 that upon this evidence the testimony is all on one side and in one 

 direction, namely, that there is no evidence of any excreta being voided 

 by female seals at any time when they are upon the rookeries and in 

 attendance upou their young. 



l^ow, Mr. President, I come to a part of the case which again I am 

 happy to say does not require very much argument from me, because 

 I am able to take the evidence almost entirely, if not entirely, from 

 the United States, and that is with regard to there being food round 

 the island. 



For a long time it was suggested more than stated — suggested I 

 think in the United States Commissioners Report — that the reason 

 why females went far from the islands was because there was no food 

 near. 



Upon the evidence upon both sides it is clear that there is abundance 

 of food far beyond what the seals require, remembering that it is com- 

 mon ground that a very large percentage of those upon the islands do 

 not feed at all. There is evidence on both sides that there is abun- 

 dance of food suitable for the seals in close proximity to these islands. 

 I suppose it is scarcely necessary for me at present, Mr. President, to 

 prove what the seals feed upon, but if I am ehallenged of course I will 

 do so. I will state they feed upon cod — they feed upon practically all 

 kinds of tish including herring salmon and halibut. They also feed, 

 to a certain extent upon Squid, but having regard to the enormous 

 amount that seals eat in the day, they must have something much 

 more substantial to live upon than simply the squid which they can 

 collect. However, the evidence in this case, on both sides, is that when 

 food has been discovered in the stomachs of seals, it is found to be 

 largely consisting of cod, and largely consisting of other kinds of lish, 

 but among their most suitable food is the cod. 



Now the evidence with regard to food near the Islands can be put 

 shortly, but it must not be overlooked. I call attention first to para- 

 graph 231 of the British Commissioners Eeport in which they say. 



That the fur-seal is essentially a pelagic surface feeder, is further shown by the 

 fact that it is not known to resort habitually to the best fishing banks in Behring 

 Sea, such for instance, as the Baird bank, and that fish, such as the cod and halibut 

 inhabiting water of some depth and feeding along the bottom, are often found in 

 considerable numbers, not only near the breeding islands of the seal, but even in the 

 immediate vicinity of the breeding rookeries of these islands. Such fish are actually 

 caught at various seasons by the natives of the Pribilof Islands within 1 or 2 miles 

 of some of the largest rookeries on the south side of St. Paul Island, and not more 

 than 2+ or 3 miles oif the rookeries on the north shore of St. George Island. On one 

 occasion, while at anchor for a short time within less than half-a-mile from the largest 

 rookery on Behring Island, at Cape Yushin, over twenty cod, with some other fishes, 

 were caught from our steamer with two or three hand lines, in water not more than 

 6 or 7 fathoms in depth. 



