ORAL ARGUMENT OF FREDERICK R. COUDERT, ESQ. 331 



That is a proposition wliicb we think is plainly and clearly established 

 by the testimony. 



I will read upon this the statement of the British Commissioners; 

 section 198: 



The facts already cited in connection witli tlie migration of the seals on the east 

 side of the Pacific, show that these animals enter and leave Behring Sea almost 

 entirely by the eastern passes through the Aleutian chain, and that only um'er 

 exceptional circumstances, and under stress of weather, are some young seals, while 

 on their way south, driven as far to the west as Atka Island. 



Mr. Justice Harlan. — Is that the westernmost island"? 



Mr. CouDERT. — No. It is there. 



\Mr. Lansing pointed it out on the map.] 



It is only under exceptional circumstances that a few pups, being 

 light and weak, are driven by stress of weather as far west as the island 

 that Mr. Lansing has just pointed out. 



No large bodies of migrating seals are known to pass near Attn Island, the west- 

 ernmost of the Aleutians. 



That is still further west; the extreme island, nearest to the Com- 

 mander Islands. 



And no young seals have ever within memory been seen there. These circum- 

 stances, with others which it is not necessary to detail here, are sufficient to demon- 

 strate that tlie main migration-routes of the seals frequenting the Commander Islands 

 do not touch the Aleutian chain, and there is every reason to believe that altliough 

 the seals become more or less commingled in Behring Sea during the summer, the 

 migration-routes of the two sides of the North Pacific are essentially distinct. 



1 beg to call the special attention, of this High Tribunal, to that con- 

 cession on the part of the British Commissioners. 



We do not admit even the slightest commingling of seals during the 

 summer. On the contrary we deny it, but we take this concession that 

 the migration routes of the two sides of the North Pacific are essentially 

 distinct, in other words that these are two absolutely different families 

 or herds of seals — that they do not commingle — that they are separate 

 and distinct in material particulars and that there is no possibility of 

 confusing the two. 



Then on the same point, and it is a very important point, as relating 

 to the question of property as well as to the question of pelagic seal- 

 ing — I read from the British rei)ort. 



The inquiries and observations now made, however, enable it to be shown that the 

 fur-seals of the two sides of the North Pacific belong in the main to practically 

 distinct migration-tracts. 



This the High Court will see is precisely what we claim. 



They belong in the main to practically distinct migration tracts, both of which 

 are elsewhere traced out and described and it is believed, 



And even this exceptional instance which is about to be stated is not 

 asserted but interjected into the case by way of oi)inion : 



and it is helieved that while to a certain extent transfers of individual seals or of 

 small groups occur, probably every year, between the Pribylof and Cominander 

 tribes, that this is exceptional rather than normal. It is not believed that any volun- 

 tary or systematic movement of fur-seals takes place from one group of breeding 

 islands to the other, but it is probable that a continued harassing of the seals upon 

 one group might result in the course of years in a corresponding gradual accession to 

 the other group. 



I will call attention presently to the map which is referred to by these 

 gentlemen. 



If it is the desire of the Tribunal to get further light, the map that is 

 cited by the British Commissioners is found in their Report which your 



