84 ORAL ARGUMENT OF SIR CHARLES RUSSELL, Q. C. M. P. 



the provisions of this chapter, shall for each offence be punished as prescribed in sec- 

 tion nineteen linndredand sixty one; and all vessels, their tackle, apparel, and appur- 

 tenances, and cargo, ^bose crews are found engaged in any violation of the provisions 

 of sections nineteen hundred and sixty-five to nineteen hundred and sixty eight, 

 iucluBive, shall be forfeited to the United States. 



Senator Morgan. — The forfeiture applies to all those ofieuces? 



Sir Charles Russell. — Yes. 



Senator Morgan. — I am mistaken. I thought it applied only to the 

 killing of female seals. 



Sir Charles Russell. — Not at all, Sir; this section makes it an 

 oftence to kill any fur seal on either of the Islands without the assent of 

 the lessees. It makes it an oftence to kill any fur seal " in the waters 

 adjacent thereto" — whatever those words mean. It makes it an offence 

 also for any i^erson to molest, disturb or interfere with the lessees in the 

 lawful prosecution of their business; and it attaches to all those offences 

 the consequences to be found in the sections referred to, which include 

 fine and imi)risoumeut; and it also attaches the further sanction and 

 penalty that the vessels, apparel, and so on, shall be forfeited to the 

 United States. 



I need not point out this is a very wide reaching section, perfectly 

 within the competence, again, of the United States to pass, so as to bind 

 its own uatioiials, perfectly competent for the United States to pass so 

 as to bind all within the extent of its territorial dominion, but not beyond. 



Senator Morgan. — Would it be competent to treat it as a hovering 

 Act, to prevent an ofi'euce against the revenue! 



Sir Charles Russell. — Certainly, if an oftence is contemplated to 

 be committed on the territory, which is the principle of the revenue Acts, 

 certainly, within the limitations and qualifications which I shall have to 

 explain when I deal with that subject. Applied, as you will see this 

 municipal law has been api)lied, it means this, that anyone who kills a 

 fur-seal any where east of the line which has been called, for brevity, 

 the line of demarcation, is (as it has been construed) liable to tine, 

 imprisonment, and to the forfeiture of the shi]) to the United States. 

 Section 19G8 which was also passed in 1870, is : 



If any person or Company, under any lease herein authorized knowingly kills or 

 permits to be killed any number of seals — 



and so on, there are penalties. Then section 1969, also j^assed in 1870 is 



In additional to the annual rental required to be reserved in every lease — 



821 there is the annual tax or duty of two dollars on each fur skin. 

 Then section 1970, also passed in 1870, j)rovides. 



The Secretary of the Treasury may terminate any lease given to any person, com- 

 pany or corporation, on full and satisfactory proof of the violation of any of the 

 provisions of this chapter, or the regulations established by him. 



that is, the Secretary of the Treasury. Then section 1971. 



The lessees shall furnish to the several masters of vessels employed by them certi- 

 fied copies of the lease, -which shall be presented to the Government revenue officer. 



I need not read that. And then section 1972, 



Congress may, at any time hereafter, alter, amend, or repeal, sections from 1960 to 

 1971, both inclusive, of this chapter. 



That is to say, to turn back for one moment, section 1960 is the one 

 wiiich makes it unlawful to kill any fur-seal on the islands or in the 

 waters adjacent thereto except in particular months: Section 1961 

 makes it uidawful to kill any female seal— those are the particular sec- 

 tions of importance: Congress may alter or repeal those sections, a pro- 



