ORAL ARGUMENT OF CHRISTOPHER ROBINSON, Q. C. 323 



The President. — We certainly take it for granted tliat both parties 

 are here in good faith, and earnestly desire the preservation of the fur- 

 seal race. 



Mr. EoBiNSON. — Certainly. 



Lord Hannen. — But the argument on your side has been that the 

 killing on the islands is excessive. 



Mr. Robinson. — Yes. 



Lord Hannen. — And if excessive that it tends to the destruction of 

 the race. 



Mr. Robinson. — Yes, my Lord. 



Lord Hannen. — Now we are called upon to make regulations which 

 are necessary for its preservation. 



Mr. Robinson. — Yes. 



Lord Hannen. — How is it possible to do that upon the hypothesis 

 that the killing on the islands is excessive! We are asked an impossi- 

 ble thing. 



Mr. Robinson. — There is no question about that. 



Lord Hannen. — On that hypothesis, of course. 



Mr. Robinson. — On that hypothesis. There is no possible means of 

 carrying out your duties without taking into consideration the manage- 

 ment of the islands. The thing is absolutely impossi]>le. 



The Peesident. — I think you have got a very bad opinion of the 

 mandnte that has been given to us. 



Mr. Robinson. — I have, with great deference. What I mean is that 

 1 am perfectly satisfied, and I venture to say every member of the Tri- 

 bunal must agree with me in this, that there is but one way of making 

 reasonable and proper regulations. It is by a Tribunal which has power 

 to make regulations adapted to the varying circumstances of each year, 

 and subject to modification and rectification from year to year. 



Mr. Justice Harlan. — Su]>pose it were true that pelagic sealing will 

 result inevitably in the destruction of the race. Do you doubt our 

 power then to prohibit it? 



Mr. Robinson. — I think if it were absolutely true that with careful 

 management on the islands, and with proper exercise of their rights on 

 the islands, any, jielagic sealing to any extent would exterminate the 

 race, then you could not prohibit it, because you have not got the power 

 to prohibit. 



Mr. Justice HARLAN.^Have we not the power to make such a regu- 

 lation as will preserve the species? 



Mr. Robinson. — Prohibition is not a regulation. 



Mr. Justice Harlan. — Is not pelagic sealing, under the hypothesis 

 that has been made, a destruction of the species? 



Mr. Kobinson. — What hypothesis? 



Mr. Justice Harlan. — The United States contend that pelagic seal- 

 ing will inevitably destroy the race. I do not say whether that is true 

 or not. But if that be true would you not call it a regulation for us to 

 prohibit pelagic sealing? 



Mr. Robinson. — I should not most certainly. I say that with great 

 submission, of course. When you ask nie a question you understand I 

 merely give you my opinion. 



Mr. Justice Harlan. — Oh yes; I understand that. 



Lord Hannen. — There must be some amount of pelagic sealing which 

 would not destroy the race, and though it may be a difticult task, that 

 is what we are called upon to try, what amount of pelagic sealing will 

 not destroy the race. 



