of tlie jurisdictional limits of the two governments^ as are traversed by 

 the seals frequeiitiag the Pribilof Islands, if, upon the facts, regula- 

 tions of that character are necessary for the proper protection and pres- 

 ervation of the fur seal in, or habitually resorting to, Bering Sea"? 



2. Is it competent, under the treaty, for this Tribunal to jn'escribe 

 reguhitions for a closed season covering sucli waters of both Bering 

 Sea and the North Pacific Ocean, outside the jurisdictional limits of the 

 two countries, as are habitually traversed by these fur seals, and 

 embracing the months during which fur seal may be taken in the open 

 seas, and during which closed season all hunting of said seals in such 

 waters shall be forbidden, provided the facts show that regulations of 

 that character are necessary for the proper i)rotection and preservation 

 of the fur seal in, or habitually resorting to, Bering Sea? 



We find that counsel differ widely as to the powers of the Tribunal 

 touching the matters referred to in this motion. 



The British Government, in its Counter Case, and its counsel in their 

 printed argument, question the authority of the Tribunal, under the 

 treaty, to prescribe regulations applicable to the North Pacific Ocean, 

 even if it be found that regulations covering a part of that ocean are 

 absolutely essential to the proi)er protection and preservation of these 

 fur seals. And that Government and its learned counsel, at whose 

 head is the Attorney-General of Great Britain, while not expressly 

 disputing our power to establish a zone around the Pribilof Islands 

 within which pelagic sealing may be entirely prohibited at all seasons, 

 also deny that this Tribunal has any authority to prescribe regulations 

 which, by their necessary operation, will put an end altogether to the 

 business of hunting these seals in the open waters of Bering Sea out- 

 side of such zone or in the North Pacific Ocean. 



The United States contends that the treaty requires at our hands 

 whatever regulations are necessary for the proper protection and pres- 

 ervation of these fur seals when found outside the jurisdictional limits 

 of the respective Governments, either in Bering Sea or in the North 

 Pacific Ocean ; that the power to prescribe such regulations is expressly 

 c(mferred; and that a refusal to exert such power, if its exercise be 

 fcjand, under the evidence, necessary to the preservation of this race, 

 will be a refusal to execute the treaty, and, therefore, Avould defeat one 

 of its principal objects. 



For one. I wish to know, before any interchange of views occurs 

 between Arbitrators in resi)cct to the merits of the several matters sub- 



