COUNTER-CASE OF GREAT BRITAIN. 75 



86 CONCLUSION. 



It is submitted that the above authorities and arguments -^gj*^pp„ ^^l*** 

 support the proposition that the United States have not, ^' ' '^°^' 

 nor has any citizen ot the United States, any property in 

 fur-seals until they have been reduced into possession, and 

 that the property so acquired endures so long only as they 

 are retained in control. 



CONTENTION THAT INTERNATIONAL USAGE ESTAB- 

 LISHES THE RIGHT OF PROTECTION CLAIMED. 



It is attempted in the United States Case to support 

 the claim to the right of protection in the fur-seals outside 

 the ordinary 3-mile limit, upon the ground that otiier 

 nations have passed laws for the purpose of protecting 

 similar or kindred industries outside the ordinary limits of 

 territorial waters. 



The following list shows the order in which these laws 



are treated in the United States (Jase and here: 



(A.) — Falkland Islands. 



(B.) — New Zealand. 



(C.) — Cape of Good Hope. 



(D.) — Canada. 



( E. ) — Newfoundland. 



(F.) — Jan Mayeu Seal Fishery. 



(G.) — Russia: — White and Caspian Seas. 



(H.) — Uruguay. 



( I. )— Chile. 



(J. ) — Ari^entine Reiiuhlic. 



(K.) — Japan. 



(L. ) — Russia: — Commander and Robben Islands. 



(M.)— Ireland. 



(N.)— Scotland. 



(O.)— Cevlon. 



(P.) — Australia. 



(Q.) — France. 



(R.)— Italy. 



(S. ) — Norway. 



(T. )— Panama. 



(U.) — Mexico. 



(A.) — Falkland Islands. 



FALKLAND ISLANDS LAW IS LlillTED TO THE COLONY 

 AND ITS DEPENDENCIES. 



An Ordinance of 1881 is quoted, enacting stringent 

 regulations against vseal-huntiug between S])ecified dates, 

 "within the limits of this Colony and its dependen- 

 cies." 



87 In order to suggest that the provisions of thi.s 

 Ordinance are extended to non-territorial waters, caYe.'^p.'22^*'**^^ 



Captain Budington, a navigator and seal-hunter, is quoted 

 as an authority for the statement " under oath " that this 

 Ordinance is enforced outside the 3-mile limit. 



It will be found, however, on reference to his affidavit, 

 that Captain Budington only swears as to what was his "un- ^^^^^^{ i^^^^^i 

 derstanding" of the Ordinance; and as to any instance of 

 the enforcement of this law against foreigners outside the 

 ordinary limit of jurisdiction, he offers no evidence what- 

 ever. 



