PROPERTY IN THE ALASKAN SEAL HERD. 47 



From the general doctrine thus declared no dissent will, it is be- 

 lieved, be anywhere found. It has been reaffirmed in many instances 

 by the courts both of Great Britain and the United States. The special 

 attention of the Tribunal should be given to the utterances upon this 

 question both by judicial tribunals and by jurists of established 

 authority, and a somewhat copious collection of them will be found in 

 Appendix. 



It will be observed that the essential facts which, according to these 

 doctrines, render animals commonly designated as wild, the subjects of 

 property not only while in the actual custody of their masters but also 

 when temporarily absent therefrom, are tlu.u the care and industry of 

 man acting upon a natural disposition of the animals to return to a place 

 of wonted resort, secures their voluntary and habitual return to his 

 custody and power, so as to enable him to deal with them in a similar 

 maimer, and to obtain from them similar benefits, as in the case of 

 domestic animals. They are thus for all the purposes of property assim- 

 ilated to domestic animals. It is the nature and habits of the animal, 

 which enable man, by the practice of art, care, and industry, to bring 

 about these useful results that constitute the foundation upon which 

 the law makes its award of property, and extends to this product of 

 human industry the protection of ownership. This species of property 

 is well described as property j?er industriam. 



The Alaskan fur-seals are a typical instance for the application of 

 this doctrine. They are by the imperious and unchangeable instincts 

 of their nature impelled to return from their wanderings to the 

 same place; they are defenseless against man, and in returning to the 

 same place voluntarily subject themselves to his power, and enable him 

 to treat them in the same way and to obtain from them the same bene- 

 fits as may be had in thecase of domestic animals. They thus become the 

 subjects of ordinary husbandry as much as sheep or any other cattle. 

 All that is needed to secure this return, is the exercise of care and 

 industry on the part of the human owner of the place of resort. He 

 must abstain from killing or repelling them when they seek to return 

 to it, and must invite and cherish such return. He must defend them 

 against all enemies by land or sea. And in making his selections for 

 slaughter, he must disturb them as little as possible and take males 

 only. All these conditions are perfectly supplied by the United States, 

 and their title is thus fully substantiated. 



What ground of difference in respect to the point in question can 



