ORAL ARGUMENT OF SIR RICHARD WEBSTER, Q. C. M. P. 255 



restricted. And from that point of view, notwitlistanding the observa- 

 tions of my learned friends I say the British Commissioners approached 

 the problem of zone fairly. Whether or not the particular figures they 

 suggested would be what this Tribunal would think to be fair is entirely 

 a different question ; but speaking of it as a proposal, it was a perfectly 

 legal and rational way of dealing with the whole question. 



I am afraid my learned friends and those they represent care so little 

 for suggestions made from Great Britain that they probably will think 

 it impertinent of me even to make a suggestion; but having studied this 

 matter, I only put it for their consideration : I think if they were to kill 

 off a certain proportion of the old bulls, really effete bulls, every year, 

 and never drive a seal twice, that is to say, kill all they drive, at any 

 rate, any distance more than a few hundred yards, and periodically 

 leave certain of the rookeries undisturbed, there would very soon be 

 an enormous increase in these herds of seals. Of course my learned 

 friends may suggest that it is impertinent of me even to have made a 

 suggestion of the kind. They may think that nobody appearing for 

 Great Britain lias a right to express any opinion with regard to man- 

 agement u])on the islands. Certainly the experience in the past would 

 seem to indicate that a little more control is, to say the least of it, desir- 

 able. Almost as much has been practically conceded by the United 

 States Case. But, Mr. President, I cannot help thinking that in fixing 

 any regulations, whether in Behring Sea, and still more, as I will say, if 

 you will permit me, afterwards, outside Behring Sea — in fixing any regu- 

 lations dealing with the question of seal life as a whole, nobody could 

 properly consider the problem without liaving formed in his own mind 

 some standard idea, as to the way in which the islands will be con- 

 ducted, and the extent to which the killing will go on in any particular 

 season. 



The Tribunal here adjourned for a short time. 



The President. — Sir Richard, we are ready to bear you. 



Sir Richard Webster. — Mr. President, tlie Tribunal will notice 

 tliat tke Regulations that we propose are confined to Behring Sea; in 

 four respectful contention to this Tribunal looking at the matter as care- 

 fully as possible, it seems to us impossible to come to the conclusion 

 that the jurisdiction of this Tribunal was intended to extend anywhere 

 over the ocean. Our submission is that the area of jurisdiction for the 

 purposes of Regulations is the same as the area of Right. But I par- 

 ticularly desire that the position of Her Ma;iesty's Government should 

 not be misunderstood; Her Majesty's Government, and the Canadian 

 Government have, from tlie first, been willing, and have expressed their 

 willingness, to concur in any reasonable Regulations for the protection 

 of seal-life as a whole — I mean of seal-life generally; on the grounds 

 we have explained in argument we submit that the jurisdiction of this 

 Tribunal to make Regulations is confined to the area in dispute — that 

 is to say that part of Behring Sea, east of the line of demarcation men- 

 tioned in the Treaty of June 1867. 



I cannot help reminding you Sir, of one sentence in passing — that if 

 that were not so, you would apparently have jurisdiction to make Regu- 

 lations for the Commander Islands without the presence, here, of Russia, 

 because those are equally seals in or habitually resorting to Behring 

 Sea; and therefore it woukl seem to point, of necessity, to tlie original 

 area which was the subject of so much discussion. 



The President. — May I remind you that the Regulations we have to 

 do with are merely between England and the United States. 



Sir Richard Webster. — That is entirely why I pointed it out, if I 

 may say so. 



