ORAL ARGUMENT OF SIR CHARLES EUSSELL, Q. C. M. P. 289 



him. He is not a man from whom we conceive the truth can be well 

 and suitably gathered. 



The President. — I believe there were some contradictions, were 

 there not, in his observations at different periods? 



Mr. Carter. — We think a great many. Mr. Phelps will probably 

 have something to say about him. 



The President. — Very well. 



Sir Charles Russell. — I would dismiss this subject in a word. I 

 only intended to make a passing reference to it. If there is anything 

 to be said about this gentleman, let it be said by members of the Tri- 

 bunal, or let it be said by my learned friends, so that we may know what 

 it is ; because I find myself in a very strange position in regard to him. I 

 find this gentleman, not once, but twice, instructed to report ofQcially 

 for the United States Government. The document which I was about 

 to refer to is an official document printed by the Government Department 

 at Washington in 1874, and it appears in the Tenth Census Report of 

 the United States. I find that it was reprinted, in 1881. I find that 

 in 1890 the author is appointed to report by an Act of Congress, which 

 I have got here if there is any doubt about it. 



Mr. Carter. — None of those things are questioned. It is not the 

 first time the United States has had an objectionable man in its 



emi)loyment. 

 1066 Sir Charles Russell. — Very well. He is objectionable 

 because his evidence does not suit your purpose. 



Mr. Carter. — We will discuss that hereafter. 



Sir Charles Russell. — Now finally, we have got Mr. Charles J. 

 Gofi", the Treasury Agent, in charge of the seal islands, writing on the 

 31st of July, 1890, "• There is but one authority upon seal life, especially 

 the seals of the Pribilof Islands, and this is the work of Prof. H. W. 

 Elliott, who surveyed these rookeries in 1872 and 1874, and his work 

 was verified by Lieutenant Maynard, and I am satisfied was as near 

 correct when made as was possible for a man to make; but to-day there 

 is a marked contrast between the conditions of now and then." That 

 was as late as July 1890. All I was going to say — it was really very 

 innocent matter — 



Mr. Carter. — Except that you imputed him to us. That is all we 

 object to. 



The President. — I think it is clear that you do not trust him. Sir 

 Charles trusts him. Well, we have to decide. 



Sir Charles Russell. — I merely asked you. Sir, to take a note of 

 the page. I was not even going to trouble to read it. It is on page 127 

 of the Report, which is in my hands, in which he refers to the industry 

 of collecting the eggs of these wild birds as being an important one, 

 upon these very islands: I was merely referring to it as an illustration 

 of the theme I am upon, the rights which are attached to an industry. 



Now precisely the same argument which has been advanced in respect 

 of this industry of seal-skinning would apply to this industry of col- 

 lecting eggs. 



Or again, take the case of a game preserver, and there are such in 

 England, who does not preserve game merely for the sake of shooting 

 the game, but who makes a trade of preserving game. They shoot the 

 birds and thereby they get sport out of them ; but they send their game 

 regularly to market, making the best profit they can out of their 

 business. I have already dwelt upon how much greater care and expense 

 and cultivation, or, to use an expression dear to my learned friends, how 

 much more '■ cherishing '' the action of the game preserver in the matter 

 B S, PT XIII 19 



