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



The President. — There would be no objection in principle even for 

 them to bear on the Commander Islands. 



Sir EiCHARD Webster. — That is why I ventured to point it out, I 

 only submit it; I must not re argue it. 



Lord Hannen. — You can scarcely say that the seals in the Com- 

 mander Islands hahitualhi resort to the Pribilof Islands, even tliough 

 they may sometimes go there. 



Sir Richard Webster. — There is nothing about habitually resort- 

 ing to the Pribilof Islands, my Lord. It is habitually resorting to 

 Behring Sea. 



Mr. Justice Harlan. — But Question 5 speaks of seals frequenting 

 the Pribilof Islands. 



Sir Richard Webster. — I am only too glad to know that my argu- 

 mentlias been appreciated by every Member of the Tribunal. In Ques- 

 tion Sit is, "in the fur-seals frequenting tlie islands of the United 

 States in Bebriiig Sea"; and in Article VII it is " for the proper jiro- 

 tection and preservation of the fur-seal in, or habitually resorting to, 

 the Behring Sea". You must not tempt me to reargue this point. 



Mr. Justice Harlan. — Then I withdraw my observation. 



Sir Richard Webster. — No; the observation must not be withdrawn ; 

 but owing to the President's unfailing courtesy in making that observa- 

 tion to me, it did occur to me it was worthwhile noting in passing that 

 some limitation must be put on those words "in any event". But would 

 you be good enough to consider the particular ])oint I am upon; and 

 that is the position Her Majesty's Government took with regard to Reg- 

 ulations outside Behring Sea. 



Senator Morgan. — The jurisdiction over seals that may be found in 

 the Pribilof herd is not necessarily a jurisdiction over Commander 

 Islands. 



Sir Richard Webster. — There is nothing about "Pribilof herd", 

 Mr. Senator. 



Senator Morgan. — I think, Sir Richard, there is something. 



Sir Richard Webster. — Well, if so, it has escaped my attention. 

 I do not think there is anything about Pribilof herd. • 



Senator Morgan, — That is my own characterisation of the class of 

 fur-seals that resort habitually to Behring Sea. 



Sir Richard Webster. — I do not think there is any distinction, for 

 that purpose, between seals going to the Commander Islands and the 

 Pribilof Islands. 



Senator Morgan. — I merely mention that the jurisdiction exercised 

 would not be over the Commander Islands, but over the seals. 



Sir Richard Webster. — Then, again, though I am being led away 

 from the point I am closely devoting my attention to, it would be in 

 favour of the argument I am presenting. If they are to be given that 

 large area, they Avould extend to other seals, — 



Senator Morgan. — If it is in favour of your contention, Sir Richard, 

 you are welcome to it, so far as I am concerned. 



Lord Hannen. — As Mr, Gram has pointed out to me, our enquiry is 

 in regard to the questions that have arisen between the United States 

 and Great Britain in these matters; and no question has arisen as to 

 the Commander Islands. 



Sir Richard Webster. — Mr. Gram has put and your Lordship has 

 put to me again that which I ventured humbly to call the attention of 

 the Tribunal many days ago, I am sure you will forgive me for say- 

 ing that, because you will thereby see that I have not overlooked the 

 point though I abstain from arguing it over again. 1 am assuming 

 that the Tribunal exercise their own impartial judgment on the matter 



