35 



open waters, but that the Tribuual is without power, under the treaty, 

 to iH'escribe regulations of that character, is it not, as I have heretofore 

 suggested, our duty to suspend further action for a time, in order that 

 the two Governments may have an ox)iK>rtuuity to so amend the treaty, 

 under which we are proceeding, as to enable us to preserve this race 

 from extermination? Shall we ignore the fact that both Governments 

 have protested, in every form of language, that they desired the pres- 

 ervation of these animals without reference to considerations of profit 

 or advantage to any nation or to individuals of any nation? Shall it 

 be assumed that either of the great nations before us wish the Tribuual 

 to conclude its labors and adjourn without prescribing concurrent regu- 

 lations that are, in fact, necessary for the preservation of these seals? 

 As these questions touching the competency of the Tribunal to deal 

 with the subject of the preservation of these animals have been dis- 

 tinctly raised by Great Britain and must be decided, I submit that they 

 should be examined and decided, at the threshold of our proceedings 

 in conference. 

 Senator Morgan authorizes me to say that he concurs in this opinion. 



[At the close of the discussiou Senator Morgan offered, as a substitute for the mo- 

 tion of Mr. Justice Harlan, the following: "'This Tribunal of Arbitration is empow- 

 ered by the Treaty of February 29, 1892, between the United States and Great 

 Britain, to determine what concurrent regulations are proper to be adopcea and 

 enforced by the action of tlie respective governments, applicable to their resjiective 

 citizens or subjects, outside of their respective territorial limits and outside oL 

 Bering Sea, for the protection and preservation of fur seals in, or habitually resort- 

 ing to, Bering Sea." This substitute was accepted by Mr. Justice Harlan, and was 

 adojited, one Arbitrator voting in the negative. It was agreed that the considera- 

 tion of the subject embraced in the second branch of the original motion of Mr. 

 Justice Harlan be postponed until the Tribuual should reach the subject or regula- 

 tions in order, and should determine that regulations were made necessary by the 

 conclusions reached upon other q^ucstious named m the treaty .J 



