20 ORAL ARGUMENT OP SIR CRARLES RUSSELL, Q. C. M. P. 



Oil the part of tlie United States. Now I bave to call attention to the 

 fact that when I mentioned the possible case of it beinjjfonnd that this 

 industry of fur-sealing', if enconraged and the species largely multiplied, 

 niigiit be found to conflict with more important general interests, I was 

 not drawing upon my imagination, becaose we have actual experience 

 in the legishitiou of other countries, that it has been found necessary to 

 olfer rewards for the extinction of animals of the same class. I would 

 reler to the illustrations which are given, which the Tribunal Avill find 

 in Vol. I of the Appendix to the Counter Case of Great Britain, page 

 177. The Tribunal, of course, will be ])repared for the statement from 

 me that we do not slirink from the legitimate consequences of the propo- 

 sitions that we are advancing. 



We sny, first of all, that even if the result (apart from any question 

 of regulations which I am not now dealing with at all), of the unchecked 

 exercise ot' what we claim to be our right of pelagic sealing were to be 

 the extinction of the fur seal, that would be no reason for ]>rohibiting 

 the exercise of our riglit, if the right exist. It may be the foundation 

 of a consideration or argument why the right does not exist; but if the 

 right exists, and if the consequences of its exercise be the extermina- 

 tion of the fur-seal, we do not shrink from those consequences. 



But the point lam now upon, as, of course, you will see, is somewhat 

 Destruction of ^^iff^^i'^^t- I aui pointing out what other countries have 

 the seal may be fouud it uccessary to do ill this regard, and you will find the 

 uecessaiy. legislation in relation to the Baltic fisheries, at page 177 of 



volume I of the Appendix of the British Counter Case. Now I ought 

 to tell the Court that this is legislation relating, not to the fur-seal, but 

 to the hair seal. It makes no diti'erence in the argument, as the Tribunal 

 will at once see. The hair-seal is an animal pursued for the sake of its 

 skin. Its skin is an article of commerce. It may not be so important — I 

 am not able to judge of it relatively — as the fur-seal, but it is an article 

 of commerce for two reasons: first for the sake of its ])elage, and next 

 foi' the sake of the oil which can be extracted from its body; and not- 

 withstanding an industry largely pursued, this is the legislation: 



Tho constantly increasingunmberof seals on our Baltic Coastshas become so bevions 

 a danger to oar coast fisheries that it appears high time to liud ways and means to 

 keep these injurious animals away from our shores. 



Ten or titteen years ago, when our tisherraen still underrated their destrnc- 



744 tiveness, and at best were amused to .see one of them, it was hardly thought 



possible that these animals would one day endanger the fisheries on tho coast 



of Sleswick Holstein, where they formerly appeared only in small numbers, and at 



X^laces Avhere there was not much chance of their injuring the fisheries. 



It is not easy to answer tho question as to bow the evil can best be remedied, for 

 even the use of poisoned fish as bait (apart Irom the danger connected with this 

 method) would not be of any nse, because the seals are very choice in the selection 

 of their food, and would only take to the dead bait if there was absolutely no chance 

 to get fresh fisli, a case which will hardly ever occur in the open sea. It niight be 

 recommended to ninke an experiment with bow-nets made of galvanized iron wire, 

 painted brown, like the color of the bow nets usually employed. The shape of these 

 bow-nets slu)uld be that of the common bow-nets used for catching cod, but the 

 entrances to the different chambers should be so arranged as to make it easy for the 

 seals to slip in. 



And thereupon there is a suggestion by Mr. Hinckelmann as to what 

 ought to be done. 



Mr. Justice Harlan. — Before you leave that. Sir Charles, I should 

 like to ask, do you know whether that report was supplemented by 

 legislation °i 



