ORAL ARGUMENT OP SIR CHARLES RUSSELL, Q. C. M. P. 347 



E. NiLSSON. — Does not see any improvement pince the Law enacting a close season 

 ■was passed. 

 H. Waldron. — To the same effect as J. J. Felton. 



I think that is all, as far as I can make out. 



Mr. Justice Harlan. — The last answer on that page has a reference 

 to the Falkland Islands. 

 Sir Charles Kussell. — Thank you Sir, I will read it: 



H. Waldron. — Owing to keen pursnit, the seals prefer caves and ledges of rocks 

 under high cliffs to form breeding rookeries. The fur-seal hauls up to breed in 

 January, the young leaving in May for other rookeries with both " wigs " aud "clap- 

 matches". There is no regular migration, but it is probable that, when hard pressed, 

 they leave the South Shethinds and mainland for the Falklands. "They are peculiar 

 in liking some places for several years, and then at once going away and not hauling 

 up there again, apparently without cause, in some instances where but few were 

 killed and in others quite unmolested." 



Lord Hannen. — That does not refer to the meaning it seemed to be 

 quoted for. 



Sir Charles Eussell. — I have just pointed out to my learned 

 friend I do not think it justifies the statement that the British Com- 

 missioners affirmed that fact. 



Sir EiCHARD Webster. — It was not intended to. It is independent. 

 There is no evidence given in support of it. It is a statement of fact 

 on behalf of the Government in tbe Counter Case, and that fact is noted 

 in the British Commissioners' Eeport and is set out at page 193 of the 

 British Commissioners' Eeport and referred to in section 129. 



Lord Hannen. — However, your idea is that this Ordinance does not 

 deal with the high seas at all. 



Sir EiCHARD Webster. — Yes, there has been in fact no assertion of 

 it; there has been in fact, no exercise of the Act as if it did apply to 

 the high seas: and those are facts which can be challenged and contra- 

 dicted, if not accurate. Mr. Budiiigton does not vouch that he 

 1136 ever heard of anybody, who ever heard of anybody else, who 

 ever said that he had been prevented sealing: he only states that 

 his understanding of the Ordinance is so and so. 



General Foster. — A little more than that. 



Sir Charles Eussell. — No, I really read every word he sai<f. 



General Foster. — I beg your pardon. I followed closely. 



Sir Charles Eussell. — Well, I do not comphiin, but I really did. 



Now, one at least of the Tribunal is aware of the very close scanning 

 an Act requires, before it is intimated that Her Majesty will not dis- 

 allow it. It is a duty which falls upon the permanent legal adviser of 

 the Colonial Office, and in cases of importance or difficulty reference is 

 also made to the Law Officers. It would be their duty to report against 

 any Colonial Act which affected to assume a jurisdiction which it was 

 beyond the competence of the Legislative Body, whatever it was, to 

 exercise. If they so advised in respect of any act, the Privy Council, 

 on that report, would advise the Queen to disallow it. 



The President. — Well, I think we will adjourn now. 



[The Tribunal thereupon adjourned until Tuesday next, the 30th of 

 May, at 11.30 o'clock.] 



