63 



No just reason can be stated Avhy this wholesome rule, founded in 

 the public policy of both countries, should not apply to theinternatioiial 

 rights in controversy between them, and should not include every 

 interest in any ijroperty, industry, or privilege that has been, for the 

 period of prescription, in the exclusive control and enjoyment of the 

 clainnint. The opposing rights, whatever they may be, are lost under a 

 conclusive presumption of a superior title in the actual o(;cupant. 



I'or more than seventy years GreatBritain stood by and fully understood 

 that Ikussia had the exclusive usufruct of the Alaskan seal herd and 

 the exclusive control over them without making any question of that 

 right. If the property had been an island in the sea, to which (Ireat 

 Britain had the actual prior right by discovery and occupation, her 

 title would have been lost if she had suttered Russia to occupy, claim, 

 and hold the island for twenty years under an open and uninter- 

 rupted possession. 



The theater on which these conflicting rights are enforced has much 

 to do with the limitations and restrictions under which they are to be 

 exercised, if the animals are fera naturce and are so classed by this 

 tribunal. If such animals leave the land on which they were raised 

 and are found and killed on the land of another, they belong to him on 

 whose land they are killed, because tliey are presumed to have escaped 

 to a new place of habitation, and the owner of that place takes them 

 ratione soli, as if they had been born and raised on his land. But if 

 they are kiHed on the highway they are the property of him on whose 

 land they were born and raised, unless they are shown to have escaped 

 from his land in quest of their former freedom or under the wild 

 instinct of going at large, free from man's control. 



If seals are made property by the laws of the United States, and are 

 found on the ocean traveling in search of food, the owner has the 

 right to be there and to take care of them. If his presence is not nec- 

 essary, because it is useless for the purpose of protecting tlieni, and if 

 they are identilied as the seals that habitually resort to the Pribilof 

 Islands by their being found in the eastern ])art of the ocean, tiie 

 law regards the animals as being in tlie constructive possession of 

 the owner. Upon this rule of constructive ])ossession the security of 

 all commerce and all personal chattels most largely depends. It is an 

 all-pervading element of property. Possession of a bill of lading, or 

 even an oral contract for freighting cari'ies with it the possession of a 

 shix>'s cargo of fur-seal skins that the owner has never seen, and attends 



