286 ALASKA INDUSTRIES. 



culminates in those waters; that the shotgun and spear are both deadly, 

 the latter by reason of its noiseless efficiency, the former by reason of 

 its ready use by all classes, and that the disposition of this question on 

 the basis of adjusting two conflicting interests is futile and illogical, 

 but material issues are not alone involved ; it presents biologic features 

 as well and has to do with forces of nature beyond man's control. 



Regulations can not be framed by human ingenuity which will pre- 

 serve the seal herds in their greatest possible proportions and permit 

 the continuation of successful pelagic sealing. It would be reconciling 

 the irreconcilable. It would be accomplishing a feat equal to that of 

 making two bodies occupy the same space at the same time. Either 

 the regulations will be prohibitive in their operation in which case it 

 would be more straightforward to make them so in the first instance 

 or, if allowing successful pelagic sealing, they will be valueless in pre- 

 venting the extermination of the seal. In general it may be said that 

 no pelagic sealing can be carried on which is not inherently and uncon- 

 trollably injurious to the life of the seal herd the amount of injury 

 being proportionate to the magnitude of the attack. 



AWARD OF THE TRIBUNAL OF 'ARBITRATION CONSTITUTED UNDER THE TREATY 

 CONCLUDED AT WASHINGTON THE 29TH OF FEBRUARY, 1892, BETWEEN THE 

 UNITED STATES OF AMERICA AND HER MAJESTY THE QUEEN OF THE UNITED 

 KINGDOM OF GREAT BRITAIN AND IRELAND. 



[English version.] 



Whereas, by a treaty between the United States of America and Great 

 Britain, signed at Washington, February 29, 1892, the ratifications of 

 which by the Governments of the two countries were exchanged at 

 London on May 7, 1892, it was, amongst other things, agreed and con- 

 eluded that the questions which had arisen between the Government of 

 the United States of America and the Government of Her Britannic 

 Majesty, concerning the jurisdictional rights of the United States in 

 the water's of Bering Sea, and concerning also the preservation of the 

 fur seal in or habitually resorting to the said sea, and the rights of the 

 citizens and subjects of either country as regards the taking of fur 

 seals in or habitually resorting to the said waters, should be submitted 

 to a tribunal of arbitration to be composed of seven arbitrators, who 

 should be appointed in the following manner, that is to say : Two should 

 be named by the President of the United States; two should be named 

 by Her Britannic Majesty; His Excellency the President of the French 

 Republic should be jointly requested by the high contracting parties 

 to name one; His Majesty the King of Italy should be so requested to 

 name one; His Majesty the King of Sweden and Norway should be 

 so requested to name one ; the seven arbitrators to be so named should 

 be jurists of distinguished reputation in their respective countries, and 

 the selecting powers should be requested to choose, if possible, jurists 

 who are acquainted with the English language; 



And whereas it was further agreed by Article II of the said treaty 

 that the arbitrators should meet at Paris within twenty days after the 

 delivery of the counter cases mentioned in Article IV, and should pro- 

 ceed impartially and carefully to examine and decide the questions 

 which had been or should be laid before them as in the said treaty pro- 

 vided on the part of the Governments of the United States and of Her 

 Britannic Majesty, respectively, and that all questions considered by 



