582 ORAL ARGUMENT OF CHRISTOPHER ROBINSON, Q. C. 



far south of the Aleutians, from which herd it came. Practically those 

 two streams of seals coming" from the Commanders and from the Pribilofs 

 are like two water spouts. When the water gets so far down that 

 it wholly overflows the land, it is impossible to tell from which source 

 any part of the water comes. When those seals, pouring out from both 

 islands, intermingle together in the Pacific Ocean, it is absolutely im- 

 possible to say from which place they come, or to which place they 

 belong. It is imi)ossible to get rid of the evidence we have adduced 

 upon that subject by the very simple and utterly ineffectual course of 

 saying "there is no identity; it does not exist". 



That is the answer made to that in two places in the argument of the 

 United States, p. 49, 103. Gftliey simply say as to identity, "There is no 

 identity, and therefore it gives no trouble. There is no possibility of 

 identity, for the herds are absolutely distinct." 



The Tribunal will consider the evidence of our witnesses upon that 

 subject, and see upon what ground you can say they are not to be 

 believed. They are added to, I beheve, or aflirmed, to some extent, by 

 the evidence adduced on the part of my learned friends; but I do not 

 desire to discuss that now. 



Again at page 138, tliey say, they do not admit there need be extermination by our 

 pelagic sealing. 



It is not necessary to the argument that this extreme result should be made out. 

 It would be enough to show that the interest in question is seriously embarrassed and 

 prejudiced, or its product materially reduced, even though it were not altogether 

 destroyed. o 



That is merely another repetition of the previous assertion that all 

 that they contend against, and all that they claim to be entitled to pre- 

 vent, is the destructive pursuit, to the prejudice to their industry. 

 I no ed hardly repeat that it must be their property at all times, or it 

 cannot be their property at all. It cannot be their property the day after 

 the first seal is killed which tends to injure their industry, and not the 

 day before. 



Senator Morgan. — Do you, in the position you take, mean to assert 

 that there is no legal restriction uj)on the right of pelagic sealing? 



Mr. EoBiNSON. — No legal restriction. 



Senator Morgan. — Yes. No legal restriction? 



Mr, EoBiNSON. — I should say no legal restriction. That I shall come 

 to afterwards. Of course I need hardly say we are both of us anxious 

 that there should be such restrictions as are reasonable and proper; but 

 when you ask me whether there is a legal restriction, my argument is 

 there is not. 



Senator Morgan. — If you will allow me, suppose the Canadians were 

 to send ships enough to those three or four gateways, I will call them, 

 passes, in the Behring Sea, to intercept the seals absolutely from going 

 to the Pribilof Islands; and that was done in the high seas. Would 

 they be within the purview, as you think, of the legal right of the 

 Canadians? 



Mr. Robinson. — As far as I know, I should think so. I would only 

 say this : I have never myself seen the utility of putting extreme cases, 

 which have not occurred and which never will occur. 



Senator Morgan. — It is insisted here that it does occur. 



Mr. Robinson. — No. With great deference, sir, according to my recol- 

 lection, there is no such assertion made. 



Senator Morgan. — It is made in the argument of counsel. 



Mr, Robinson. — Then I can onlj^ say it is impossible it can occur. 

 My recollection is — I have read to that effect — that the currents are so 

 strong and the difficulty of fishing in those passes so great, that there 



