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Les cartes, planches, tableaux, etc.. peuvflnt etre filmis A des taux de reduction diffirents. Lorsquo la document est trop grand pour gtre reproduit en un seul cliche, il est film6 d partir de Tangle sup6rieur gauche, de gauche & droite, et de haut en bas, en prenant le nombre d'images nicessaire. Les diagrammes suivants illustrent la m^thode. n 32 X 1 2 3 1 2 3 4 5 6 FROM REPORT OF THE DEPARTMENT OF MARINE AND FISHERIES 1895 THE BEHRING SEA QUESTIOlSr EMBRACING THE FUR SEALING INDUSTRY OF THE NORTH PACIFIC OCEAN AND THE INTERNATIONAL AGREEMENT BETWEEN RUSSIA AND GREAT BRITAIN By R. N. VENNING OTTAWA GOVERNMENT PRINTING BUREAU 1896 FROM REPORT OF THE DEPARTMENT OF MARINE AND FISHERIES 1895 1 ( THE BEHRING SEA QUESTIO]^ KMBRACINQ THE FUR SEALING INDUSTRY OF THE NORTH PACIFIC OCEAN AND THE INTERNATIONAL AGREEMENT BETWEEN RUSSIA AND GREAT BRITAIN By R. N. VENNING^ OTTAWA (iOVKRNMENT PRINTING BUREAU 1896 2\&l INDEX Iiitrodiiotory ■*"!; Departure of tlie Sealing Fleet . .' '.' British Coliirnbin Sealing Fleet 189;") il FiegiMlatioii ' ' " The license [ // ** Agreement for the Sealing up of Implenienfs. ......'.'.'.'.'.'....... . ...'..'.'. i}j i::!!^ji^''^;^;]'^^ with iiBtof ves;elsi;oar.ie,lan,i-n;n,aVkV.;: lo Return of the Seal Catch in the Paeitic for the Season of is!).') ! Keniarks, on Catch ' Supplement to the Fur Trade Review (LohoslVlaiill Seals) |» Disasters 1' Seizure of Uritisli Sealers by tiie' U.' s! "CruiHers !!! the "Slielby ".... •" •' K. 15. Mawin "....;..■ '» " Beatrice " V.'. '. '. '"'2' The cuso of the " Wanderer "... . '"• '^- " Favourite " , '■^'^ ". S. S. " Cociuitlani " '. '.'.'.'.'.'. '-■*' 'f.' The Hehring Sea Claims 'f' List and Summary of Claim-j ■'*' Claim of " Ada ". '.'.'.'.'.'.'.'.'.'.'.'.'.'". ., t'^ " " Henrietta " -S, .t'i " " Black Diamond " -** " " Juanita " 29, 33 " "Carolena" -**. -'^S " "Thorut.'n" 30 " "Onward" 30 '• " \V. F'. Sayward " 3() " "(irace".. 3! " " Anna B'.tk " 31 " "Doip' ., ".... '.'.'. '.'.v.'.'.'!!.'.' ■'*' " "Alfrt>'.'» ams " 31 " " Triumph' 32 " " I'athtinder " 32, 33 " " Lily "... ; 32, 34 " "Ariel" 33 " " Kate " 33, 50 " " Minnie " '.'.'.'.'.'.'.'. 33 Personal Claims for IHCifi 34 1887 :..,.....'.'.'..'.'.'. '•}* Recapitulation ' jW Modus Vii-mdi ( jiaims '^'j British Award Claims of 1891... ... . , 36 Proposals for changes in the Award ilVgulations .' .'. ^3. ^'' Paiilic Ocea'r'". .'.'!■""' ""'*'''" ""'' ^'^"''"' "' ''"'P''' °* *'''' Seal' Fisheries m' the North The Act as Amended! '..'.'.'.'. .".'.'.'.'.'.".'.'.'.'.'.'.'.'."..".'.'.'. « '*3 The Seal Fisheries (North Pacific) Order iii Council V89ri f'? The Acts of 1893 and 1895 compaied *"' Claims of the " Willie M. fiowan " and " Ariel " t^ ,)0 \B\ic rc< op( Ro, giv tha aff( and of dial eaci and THE PUR SFOALINO; INDUSTllY OF THE NORTH PACWW nru^A a a f j;f:fj™ BY THE BEHRINU SKA Ivvll if Ino coS KQ^ LEGISLATION, AS WELL AS BY THE INTERNATIONAL AGRPR MENT BETWEEN GREAT BRITAIN AND RUSSIA BT R. N. VENNING. Part I.— THE BEHRING SEA QUESTION. r o.t ^,'°'^''"' ""*,""« °f '^' «^''"di"fe' "f thin question has, from year to year, been recorded in the departmental reports, the last, that for 1894, in dealing with the operafonsoftho year immediately following the promulgation of the Paris Award fiir ffl'r;th"' H^^'^r*""' '""^' '^' ""^'^'"^'•^ ^°'' ^^^^ ^««'- provided to give ettect to the award and consequent legislation th.fl)\T'-''\'^' legislation provided by the respactive governments, as well as i! t . I ;"«^^-"ct.ons to the naval officers charged with the patrol of the waters affected by the award, formed part of the article, as also did that of the temporary and tentative agreement reached daring 1894, for the sealing up of the implements of the sealing vessels traversing the North Pacific Ocean, east of the 180th meri dian, during the close season. DEPARTURE OF THE SEALING FLEET. ...J^^ following schedule shows the sealing fleet and the point of destination of each vessel which cleared for the spring fishery on the north-iest coast of America and on the coast of Japan, respectively : ' S O t9 O O oo ti s ililliiiiiiilililllllllliliil v)8«uuoj, t- o X M N te rt o t- p- ^ X oc "T '5 -^ M S If: i^ » -t- iQ ci * ;a at i:: N 05 r. iS X -" IN C". "-s 'r "!< s-. o t-. M o! » p-l PH 1—1 C o O u ^dw -■£■' ■s.s a; > s "Si"', t! a B-- c s O 3 >.E a rt rt iiiiiiilli S?i 9S xoiift 1-00 tx S"Si' 4j ■ a> 1-3 <■,>?! (iSi >'< ^ <. i« O O The list lopri'HotitH a total of 56 vessels, 22 of which wore destined for the Asiatic coast ana 154 for tlio North Amoriean coast. An examination of tiio schodiilo sliows that 3 vessels cleared in Doccmber 1894, the "Edsio Olson," the "Mll^col" and the "Geneva," on the 27th, 28th and 3lBt respectively, all of tlioni bound for the Asiatic side. These were consequently the earliest clearances for the Healing season of 1895 ; the remainder of the fleet following them in January ai:u I^^obruary, forty clearing in the former and thirteen in the latter month ; so that by the end of February the whole of the spring sealing fleet had cleared for the healing grounds, and distributed themselves along both shores of the North I'acitic Ocean. In addition to this fleet of 56 vessels, there remained in the port of Victoria the following sealers intending to participate in the Behring Sea seal fishery at the expiry of the close-season on the 31st July : — "Henrietta" 31 Tons. "Minnie" 4C do "Penelope" 70 do "South Hend" 21 do " Venture" 48 do " Wanderer" 25 do "W. I'.Suyward" 60 do LEaiSLATION. No change has lioen made in the Imperial legislation — " Behring Sea award Act, 1894," — imtjii order that due effect should bo given to the arrangements under articles 4 and 7 of the award, provided for by Order in Council of 1894, a subsequent Imperial Order in Council was passed on the 2nd February, 1805, of which the following is the text : — AT THK COURT AT OSBORNE HOUSK. ISl.K (IF WICIIT, Till; seooiid (lay of Kelinimyi IS!)."). THK (HKKMS MOST KXCWJ.KNT M A.I KSTV. [.ord President. Lord Kensington. .Miiniuess of Ri])(in. Mr. (^eoil Rliodes. Lord t'lianil)erluin. WliereiiH ))y "The Iteliriiig Sen Award Act, 18'J4," it is enacted tiiat Her Majesty tlie Queen in Council may make ordi^iH foi' carrying into effect the provisi(jns of the Behring Sen Arljitration Award set out in tiic h'irHl .Schcilidc to (hat Act, and therein referred to as the sclioduled provisions : And wliereiiH ariiingcmcntH have been made hetween Her Majesty and the (ioverinnent oi the Uinted .States for giving effect to Articles X and 7 of the said scheduled i)rovisions, and it is exped- ient that effe(;t .diould hi- given to tliose arrangements hy an Order in Council under the said Act ; Xow, therefore, Her .Maieity, in virtue of tlie power.v vested in Her by the said recited Act, and of all otlu'r jioweis (inaliling her in tliat behalf, is here))y pleased, by and with the advice of her Privy Council, to order, and it is hereby ordered, as follows : — 1. On the a|)pli('ation of tlu^ owner or master of any British sailing-vessel intended to lie eiuploy- ed in fur-seal fishing under tin; provisions of the recited Act, a Secretary of State, or any person duly authorized by him foi' the piii|)(we, may, if satisfactory evidence as re(juired by the .said article 7 has been given by such owner or niaster of the fitness of the men to be employed by him on said vessel in the said fisliing, grant a special license in the form in the schedule hereto, authorizing that vessel (for the year mentioned in I lie license) to tisli for fur-seals during the period in the maimer and in the waters in which fiir seal is allowed liy the recited Act ; and the said special license, when so granted, shall be carried on bo.iiil the said vessel at all times while so employed. 2. Kvery Hiitish sniling-vesNcI provided with a special license uiuler this Order .shall show, under her national colours, a llag, not less than 4 feet s(juare, ot two e(iual triangular pieces, yellow and black, joined froi.! the right hand upper corner of the Hy to the left-hand lower corner of the luff, the part above uud to the left to be black, and the part to tiie right and below to be yellow. !l led for the imber 1894, 1 and 3lBt [uentiy the t following •teon in the ealing fleet 30th shores of Victoria hory at the Sea award lents under subsequent which the the Queen in ration Award sioiis : mient of the [1 it is exped- said Act : ited Act, and idvice of her to he eniploy- y person duly article 7 has )n said vessel g that vessel ler and in the in so granted, II show, under , yellow and f tlie luff, the li. If ni tlie case of any vesael tliere is any contravention o .^tate, or any person didy autliorizcd Uy him for tlie purpose, whe under the recited Act or not, may revoke the special liiense whe retary of State or by such (lerson. 4. This Onhtr may he cited as "The Hchring Sen Award Oi Hehruig Sea Award Order in Council, 1S!)4,' and this Onlcr may Sea Award Orders in Council, l,S!)4 and 1S!»,">." And the Right Honouralilc the Karl of Kimhcrly, K. C. ami of Hipon, K. (i., two to Her Majesty's i'riiaipal Secretaries .if St are to give the iieces.sary ilirections herein us to them respectively And whereas the innncdiate operation of the immediate oper (h-der shall come into operation forthwith. f these regulations, a Secretary of thei- ary penalty has been recovered ther the same was granted by a See- der in Council, 189."),' ami " The together be cited as '■ The Hehring the Moat Honcnirable the Maripiess ate, and the Lords of the Adnurivlty ■ appertain, ation of this Order is urgent, thi:-: C. L. I'EEL, THE LICENSE. The Order in Council above quoted, necessitated some chan<'e in the form of license which had been tonlativcly adopted in 18!)4, although the chan.'es were entirely of a formal character, involving no inconvenience or additional 'i'e- strictions to, or upon the sealers. Moreover, certain objections had been interposed by the Canadian Government to the torm ot license provided for by tho imperial Order in Council of 1894 It was thought tiiat it would bo preferable if the issue of the license-* were not limited to a bee retary of .State, and the master, as well as the owner, of a vessel could applj'for the license and saiisfy the issuing olficer as to the fitness of his hunters. Otherwise, it appeared to the Canadian government, that unnecessary delay and complication wore not unlikely to arise. Her Majesty's Govei nment concurred in the view of the Canadian Government in this respect, and the modifications in form, necessitated by the Imperial Order in Council ot \8'ja, were such as removed all cause for objection. The license accordingly issued in the following form : — THE UKHRIXO SKA AWARD ACT, 1894. TIIK liKllltlNC ■ I..A AW.VKI) OKDKIl IN COlNCIi., 189,-). Spun'n/ LifinM'. Whereas the Ihitish sailing ves.sel. • ■ , , misemployed in fishing for fnr-seals under VliV luonsions of ' "TJ,;' Hehring 'Se;; A wiud Act, And whereas satisfactory evidence of the Htness of the men who are to be employed on board the said veaseUn the said tishhig, has been given by >-i"pioyen on iwaui tlie " ' the owner, or (owners or master) of the said ves.sel. the grant T>,.nvf fp'Ti^^M'^'T'"'': ^"''?''-^'''"'''<'''''^'^'''''''f ('»«ton,s at the I'ort of Victoria in I rovnce of British Columbia, Canada, have been duly authori.e.l by a Secretary of Stole o Ln special licen..cs under the provisions of the above mentioned Act and Order in Cm.neil ^ ize t^'rd.f':";:^;;'^;?,:::'!;:::::":': -f *'-;'•'— entloned Act and order i,, CouuciH hereby autlmr to be employed in fur-.seal tisliing during the period of time i tur-seal tishing is alloweil by the above mentioned Act. This special license is subject to revocation in ca or Order in Council. (iiven under my liaiiil this day of in the nianniir ,ind in the waters in which Act oi'tZtci:;:;:^;;." "■''*'"' '" '^^^^^^^^^^ ^ "f -y contravention of the above mentione.l 189. af thf I'orl of. Colki'tor of Cnnloins. The announcement of the issue of the Imperial Order in Council, with attendant ges in the license form, reached the department only subsequent to the departure le soalmg fleet, thus the issue of the new license form was impracticable, conse- quently aii ho vessels included m the foregoing list which cleared on sealing voya- ges during 1894), left port with licenses in Uie form as agreed upon for the previous year 10 THE AaBEEMENT FOR TOE SEALING UP OP IMPLEMENTS. This a«ieomont, which had been entered into between the two governments lor 1894 but to which Ciinadti had been unable to accede, was intended to afford an opportunity to the masterH of Healing voHsels to entablish their bona fides by volun- tarilv liaviiiL'their sealing implements secured under neal when traverning, during the close season, on their homeward voyages or otherwise, the waters allected by TUco^tontion being that by thus rendering it impossible to use their imple- ments the sealers would be free from molestation on the suspicion of having con- iravened the award regulations by hunting seals at a time when such operations "^^-'Vhe" arrangement was opposed by Canada, on the ground that it formed a very substantial extension of the measure of interference with British vessels at sea, war- ranted by tho terms of the award. It however, was purely optional with the master of the vessel who was tree to either avail himself of the expedient or not, as he might elect. , ,• 4 „„. Tho experience of 1894, showed conclusively that while the agreement did not operate to si'cure the sealers from unnecessary interference and seizure, it was inter- preted as providing a new ground, wholly outside the award, for seizing British Tealing vessels, as demonstrated by the seizure by United States authorities ot he schooners "Wanderer" and " Favourite," charged with having each one unsealed gun on board, notwithstanding that in the case of the former vessel 'he master had taken the precaution of voluntarily having his fishing implements sealed , the one gun discovered by the boarding officer, after minute search, being the private property of the mate who had stowed it away. . , , . j ♦„ „„ The gun found on board the " Wanderer " was a signal rocket gun used to le- call the boats at night and wholly unfitted for use in killing seals. The pracUcal effect of the agreet^ent had, therefore, been to constitute the possession of hio-aims on board a sealing schooner during the close season, an offence punishable by seizure notwithstanding that no such offence was contemplated by the award or the Impei- '"' '°firlyTil't^he''month'of May, Her Majesty's Government announced the decision reached not to renew for 1895 this agreement with the United States Goyernment, which decision was immediatly communicated to the collector of customs at Victoria. THE PATROL FLEET. The United Slates patrol fleet detailed for the duty of enforcing the award regulations consisted this year of seven vessels viz. : .. r mnt " ^^ The revenue cutters, "Rush," "Bear," " Corwin," " Wolcott, Giant, " Perry " and the United States Fish Commission steamer Albatross. The vessels detailed by Her Majesty's Government for similar duty, were H.M.S. " Pheasant " and H.M.S. " Nymph." BOARDINQ OP BRITISH VESSELS BY U. 8. PATROL SHIPS. The following statement will show the several boardings of the vessels Arming the Canadian sealing fleet, during the sealing season '" Bchr.ng Sea,£ving he date and position at sea of each boarding and the names o< the boarding vessel and officei. to o < arnments, for to afford an les by voliui- ruing, during 3 affected by their imple- f having con- ih operations oimed a very H at sea, war- lio was free to ement did not ), it was inter- oizing Britiwh aorities of the 1 one unsealed 1, the master its sealed ; the ig the private in, used to re- The practical in of fire-arms ible by seizure or the Imper- d the decision i' Government, ims at Victoria. ling the award ott," "Grant," J." ty, were H.M.S. vessels forming giving the date jssel and officei-. 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'M — o I- '^i «2 i & -ji ^ f oin 5 ic :s o ■^ ^ •* r$ I's i^ lo »o i-T o =0^^ 00 o i"! c o o o T3 _i- s -c t; t; "c ■C-C-O-B •o o-c ai 5 s^ Ik's s • c; O a »^oi 55o5 sss ,-H r-l-^ ■ ' ; jM ■ ; . 1* . . . > ■ . s . . ■ • c . ... 15 :...>■ o brad ctori df. : o H P2 K i> \H o o o o o _ _ •w -O "T '3 -C T3 -D 000000 00 OO000*0~**^-O*--*-*.^-'^-- cr-TO-c-CTJ-c-r-c-c-uT:- — •T^•c■u-3•5•r■r•6-c•o■r'l^'6'5'u•6~ l ^ fi 5 ^ T^i t1 4r1 4*"^ -I'^l^'^ ^"'f-''5 ^"^ tI ^^,1 f1 ?^ T^ 3 T^ 3 rT S ^ 1 1 4 1 3 ■c-c-o-st: « 'S "S c c V I— t r-f ?.l ^ -J ^ '/:<• ^l;*: C-'C'C 9 t> ■- o ozzzzzozzzzzzz -C TJ -C -C TS -^ T: TS 'C -r T5 T; T T T3 T -6 -C J; ?5 "O 'C -c ^c -6 '6 '6'6'U'O'c lg=oooo'H.S=cco-S.a'oooli'o-o------"''i-s'ieo,--^ti. o o o o c. .s_o^ 2^_o i^ i * fc'i'S fi -c -o -o T3 T) -c -o -a T3 t; -c TJ T! -a -u -3 -n -6 -5 -u -3 -6 -c ■§ -6 •§ •§ •§ -o -6 -B •§ -c -6 -^ •€ ~ C ; o o o .,S o n n f,"^^^ O C u be ce .^^B-c.w- "3 .2 ^..5^ '':''- ■Sooo-.IQ --5 h;-'^^-^ 2SSS3S2S2i3§SSaiSgSSSSs5sj5353?;SS?.SiSis«g s.^s-s' -, .. S I— I 6J)J H ft. ■- 1-2- o i f^ o oj= c3 X !» =? C • = O C •ec-oo c'^=- c 5 . ' -"Ca- M O o En C c 14 This Hat represents a total of thirty-tive vessels visited. An examination will show that between the Hn\ August and the 20th September, the aggregate number of boiirdings was 106, an average of three to each sealing vessel, distributed among the fleet as follows : — Boarded once J vessels. " twice. 1" ^, " three times '\ " fouitimes ^ '| " five times p " six times ^ Upon search of the vessels and examination of the sldns, the boarding officers certified in the official log-books, the time of boarding, the position of the vessel at sea and the number of sealskins at the time on board. ^ ^ i- Considerable dissatisfaction has boon expressed by tlie masters of the sealing fleet, over the trouble and inconvenience to which they are subjected by those inquisitorial visits and searches. . , , . j • *■ i i A stateraont by one of the masters describes the methods adopted by the board- in"- officers The vessel was searched against his will, the skins which had been carefully salted and put in the hold, were pulled out oflhe salt and left scattered around, necessitating their being re-salted and re-packed , . . .. , This represents one boarding only, but it serves to illustrate the irritating and vexatious espionage which the sealers have undergone, when boarded hve or six times in about six weeks. _ , ... . n. *-u„ It is obvious that those licensed vessels, pursuing a legitimate calling, the character of which is essentially most hazardous both to life and capital, are at all times subject to what they consider the most provoking and unfriendly, it not, indeed, wholly unwarranted interference. , , a It has been represented that the extent of the power of interference by board- intr officers, seems to be practically unlimited, and no matter what may be the result of the searches, the inconvenience and disaster accruing, must invariably be borne by the sealers. . . , . ■ d i ■ a While the searching of the vessels and examination of the skins in ±5ehring toea, appears to be largely designed to do'ect skins of seals killed by fire-arms, which are forbidden there, it is noteworthy that a large majority of the vessels cleared for the Behring Soa voyage equipped for spearing only, and carried no fire-arms; yet this fact in no way secured them immunity from the search and attendant inconvenience above explained, , . ,^ , • c . • .i i- u* << The officiencv and completeness of the patrol in Behring Sea must, in the light of the above circum'siances, be amply demonstrated, and it would seem that the bona fiaes of the Canadian sealiuir fleet cannot bo successfully assailed, notwithstanding the abnormally strict supervision which has bean exercisoa over it. It is gratifying that the good faith, good citizenship and law-abiding chiu'acter of the Canadian sealers, is emphasized by the fact that in no instance has a British vessel been reported as even dangerously near the sixty-mile zone. In addition to the vessels contained in the foregoing list the following were in Behring Sea but were not boarded : "Director," " May Belle," "Mascot," "Otto, " Fawn." THE season's catch. The following table prepared by Collector Milne, of Victoria, B.C. comprises a complete detailed return of the season's operations by the British sealing fleet as well as returns of the catches by ihe United States fleet, and that of the respective lessees of the American and Russian Seal Islands, thus embracing the total take ot .teals in the North Pacific Ocean. camination will jrcgato number tribntod among 'easels. lOiii'ding officers of tho vessel at of tho sealing ejected by those id by tho board- :ins which had lid loft scattered 3 irritating and irded five or six ate calling, tho pital, are at all ifriendly, if not, •once by board- lay be the result iriably be borne in Behring Sea, arms, which are 8 cleared for the •o-arms ; yet this nt inconvenience 1st, in the light of )m that the bona notwithstanding biding character nee has a British allowing were in lascot," "Otto," B.C., comprises a 1 sealing fleet, as of the respective the total take ot 1» Ebtubn ok the Seal Catch fob the Season ov 1896. Vt'XHeln. Agnes McDoiiakl.. Ainoko Amateur Annie C Moore . . Annie F. Paint. . . Arietis Aurora Beatrice, Slianghai Heatrice, V^ancuu'r Jiorealis Uremia C. J). Kami Carlotta (1. Cox. . . CaHco City .San Diego. . . Diana IJirector J)ora SiewTfl E. 15. Marvin Kilter] >rise Favourite Fawn , Fislier-niairl Florence .M. Smith Fortuna . . . (Jeneva Henrietta . . Kat( Katlierine.. . Kilnieny. . . . Lalmulor . . . Libbie Mary Kllen. Mary Tayloi Ma.scot Maud S , . . . May Belle . . Mermaid.. . . Minnie . . Mo\nitain Ocean Belli f )scar & Hattie . . . (Jtto Pachwelli.s Penelo]ie Piopeer Ro.sie Olsen Sadie Turiiel Sapphire San .Tose Saucy Las>s Shelby South Bond Teresa Triumpli Urbrina Vera.^ Victoria Viva Walter L. Rich... Wandei'er Indian canoes catch Totals .... Tons. Alaster.- Chief. 107 M. F. Cutler . 75 (J. Heater ISC. .lipson li;U'. Ilackett... S2 ,V. Itissett . . . 8li(). .Scarf 41 T. Harold. .. <1() 1). (i. Mac'inlev 4!>L. Olsen.... .". 1^7 1*]. liobbins . , . 1 V. .Taeobson . . 2.-i.r.Xa\vassum. . sap. Martin.. S2 T. .Magnesen . . Slid. .\rcLe(Kl.... 10.1. >rvetani.... 00 W. Heater ()(i W. K. Baker . . 3!) A. B. Whidden 5<) .r. Ander.son. . lOS William Cox . 31 M. Folev 3,S D. M.irtin 10 C. Chmssen . . . 21 IC. F. Dillon.. 63; C. Mver 98iC. N.'Cox 99 C. Campbell . . . W. Shiehls K. Balcam. . .\l. Pike.... S. Balcam.. . 25 H. Paxton 3,802;... CHKW«. 2S 18 21 « 7 26 19 l^i 23, 7 27' (> l\ 18| 20 3 4 8 10 IS 7 7 24 8 o 23 8 "5 24 ■ti- 10 s 5 ti 10 4 8 8 25 19 7 23 9 2 14' ! 26 : 14 , . . 30 i 28 1 16 8 21 21 8 11 21 20 i(i 32 28 'is 10 24 .32 14 24 37 20 21 705 10 4 1 17 2 43 3' • • . . 7, 6 25 2 7 24 2 10 1 854 210 7 13 7, 15 11 14 2 15 18 14 2! 20 4 10 11 4 6 11 10 8 10 13 421 C.\Tt'H. 3 325 65 105' 1081. 230, . 1.121 080 143 I81 503 221 150 248 109 285 801 881 920 1,;!08 370 872 049 ■c IBehrinif Sea. i 593 479 135 42(i 110 351 243 292 71 io 219 1,137 181 ; 159; 15; 51 234; 369: '287' 234 854 '787 39 i47 285 66 1,113 470 434 168 •.53 Lose 730 191 "m 608 m 96 182 176 31 76ti 125 94' 927 4ti0 192 147! 2.57! 124i 845 627 798 102! .3.531 187 "i45 31787 1,187 853 601 9,853 18,687 562 I ' .30! 790, 563 45 279 288 70 451 10(i '126 750 4.3' 206 652 432 2.38 470 5(i2 16 36; 6,281 ' Wrecked. 827 318 209 "37 335 862 177 001 '(178 259 6(i9 515 812 575 838 109 641 4.")9 419 3(H) 813 251 782 720 310 594 1.5f 394 403 "183 1,010 Shi ' 223 042 670 ' 393 51.' 304 '532 950 251 432 lil 53L' 995 272 506 '534 97 15,949 19,969 _/ 2 tS 1.973 1,319 65 1,fM7 2.022 1,10(1 821 1,676 202 l,0 15 310 1,70! L316 803 1,304 1,679 1.347 1,866 659 39 1.618 1.314 1.111 66 770 l.(!35 627 1,208 1,975 716 9,58 124 148 969 2,210 1,749 l,-M7 1.354 !I68 1.3.57 35(i 3.787 70,739 16 Total C'lUiudinn flitch ■•,■••,■ ""'I?;! Crttcli cif '• DirrctDi-" off Fiilklnnd IhIiukIh ^ J>J<' (Id Amrricaii HcliooiiiTH liuided lit Victoria 2,255 Totul 73,(il4 Tiildl PiiriHr Cateli. Seals IivikUmI at Victoria • IM},- do Anii'ric in iK)i'ts l>y U. S. scliooiu-rs Z»,Mi Heals catch on Pribylotf Islands (North Aniciican Commercial Co.) 15,000 do Coiil'ier Islands (Russian Seal Skin Co.) 17,920 Victoria, B.C., 2nd Novcnihur, 1H',),5 12(i,841 Collector Milno sums up the result of the operations of the Canadian fleet iu revealed in thin statement as follows: — 'I'licre have liccn licensed duiini: the past year (U Hiitish vessels sailing from this port. Of this nuiid>er •_'•_' sailed dining December, 18!t4, and .laniiary, 1S9.J, to .fa))an ; :W were engaged in the Uritish Colunihia Coast catch, and 9 Indian schooners, whicli likewi.se oontined their operations to the Uritish Colunihia Coast up to tlie lirst of May. (IKKWS. There were engaged in this industry 71).") white seamen aiul 8.")4 Imlians, showing this year a deureuse in the white seamen and an increase in the numher of Indians, the fact of the increase of Indians was owing to the demand for s|)ear-mcn in Hehring Sea, where lire-arms could not he used. no.VTS AND t'ANOKS. The record shows that there were ■_'U) boats and 421 canoes in use this year, exhibiting a decrease of .">() boats and an increase of ItW canoes ; this as with the crews, was owing to the number of Indian spearmen going to IJehring Sea. llKlriSd COM'MItlA (HIAST CATt'll. The figures show the total British Columbia Coast catch to be 9,S,');i, exhibiting a decrease of 1 HoO skins compared with 1894, although a larger number of vessels were engaged. The cause assi- g'ned for this decrease, was chietly owing to the boisterous weather which prevailed along the Bri- tish Columbia Coast, and wlien the weather moderated the seals had passed northward, so that the larger, herds could not be reached before the 1st of May, the commencement of the close season. .lAI'AN CATCH. The total ri'sult of tlieol)eiations on the .lapane.se coast show that there were only taken 18,687 skins as against 49,48;{ in 1894, being a marked decrea.se of .S(),79(>. This decrease caused me to make diligent inipiiry from the masters and crews, and the conclu- sion arrived at was, that stormy weallier usually prevailed all along the .Japanese Coast, preventing the schooners from lowering their boats sometimes for days together, also it seems to be the consensus of opinion amongst them, that the schooners this year were in advance of the seal herd which had apparently gone further to the south than usual. COl'l'EK ISLAND CATCH. Twenty schooners were sealing in the vicinity of Copper Island, which obtained a catch of 6,281 as against 24 vessels last year with a catch of 7,4H7. BKIIKINO SEA. In the month of June, last, 33 \essels cleared from this port for liehring Sea, proceeding to the West Coast, where they obtaineil Indian hunters, and ])roceeded direct to Unalaska where they were all instructed if tliey reported themselves to tiie custom house that no ditliculty was anticipate,!. On the clearance papers from this port, it was plainly stated that they had no fire-arms, nets or explo- sives, and that their hunting outfit consisted only of spears. On tlie 1st of August they all left the Port of Unalaska, United States of America, and at once sailed to the sealing grounds. There were also eight vessels which entered Behring Sea from the westward, which had been scaling on the dapanese side making a total of 41 British vessels, fishing in Behring Sea, the their fishing being 35,918, as against '11 vessels in 1894 witi, a catch of 26,425, ap increase of 9 493 t^eals. ' The weather being good and seals repoited to be fairly plentiful, but in this regard some coir- flicting accounts were given, no doubt measured by their individual success. :re were engaged result of 73!) t'.'Jd 255 l>14 ;f()7 (MM) ,841 iiliiin fleet in 1 |)()i't. ;{ were oiigivgeil their operations ing tliis yt'tip a till! incrt'iise of not 111! used. II', exiiiliiting a r to tlie nunihur ng a rlecreaae of Tlie eaiiac aaai- along tile Bri- inl, so tliat tlio ose Heaaon. ly taken 18,fi87 anil the conolu- last, preventing lie tlie ev'.wT'''' ^■"'"' "P«'"","""« ™'^y •>« •■^y^^'dod as affording reasonable giounds joi an exactly opposite conclusion. „... I^^'^T' "!'" ^^^^'i" '"""t noteworthy incidents in tho industry this year is the of (J^l) feal" "" "i^i'oc^tor," in the North Atlantic Ocean, o/Falkla^ndIsland«' Inquiries were instituted for the purpose of collecting any information in con- S.'TrV'liemliilly ""'' ''''"'' '"''' "'''"terest to the question -Jthe seairg •'Diicto?'' sTT"'"'"^-'^'^^ ^T"''' Frederick W. Gilbert, of the schooner th. 9n?i, n ^ K lun?'"^'''' T}^ '-' ^'"^"^ °^ 25 ™""' «'»'eJ f'"m Halifax, N. S., on tho 20th December 1894 bound for the Asiatic side of the North Pacific Ocean his c?)ur's7hv"f ^'^ t^'''' '''i'""!> ''''•'"*^"' '^^ master was obliged to change eiabirhim to Hiit.Ml t.. us by Messrs. L><.n I. .thus. i.,*'Y,, ',:.,,,, CMiiMiereial fn., 1'. M. OnumvaMt, bi,M» i were Hk' Alaska Connnereml ( :;■•.'•■. J ,"^,;|;;', [ . elsinn. a,,,! oll.ers. Messrs. of I'aris. n|>rese,>tn,^ tlu; en,n,.an> -M- . t. ^' K ' ' '; , „„^„, „f m,,,,, i,-|i„t, Ivbly fc C..., Ly.,n UrotI.ers, oi tins e,ty. ■^''^^'';^"\^'^1.:„'^^1^\m .s-J.K.,(«M., .■ash ,,ay>Ment within sixty Win. M Ivins, an, other we,.ltly ^" '''' ;^ ' \V ,' , , •> iKH • an.l .sl..-.;;:;';;;'.;;;;lf:!\;;:\!;:,;:,,^:''^::u.s .,f the presetit contract with the N. A (;''S.^;r;^;t;^u:rsn:;.^;t;"-^'4pl::i:i'piisi..n insert.^ ...ntract awarad u, ti. ^«^^i.i;ii:£^':r;,;:;=^ "w^ g.:' a::r:i:'::::J:,-:^^^n. ..... u. u. ,«. twentytwo years. Yoar. is:;! . 1H74. 1S7."> . ISTli 1S77 1878 . 1879. I88(( 1881 18,S'i 1H8,S No. of skins. S,l!)t) it,44!) !»,'J(»4 ii,r.:{ IS.OtUi 14,4!)3 U.OiK! l(i,:W2 14,47:{ i;i„-.!).-. 12,843 Yoar. 1884.. 188,"). , 188(1 1887. 1888. 1 88!l . 18il(». 18ill . 189'2. 189.S. 1894. No. of Skills. 1 4,87-2 12,247 17.072 17,788 21,l.'^.o 1.'>,7(H) 20,ir>(> i:!,87i l.".,87 20, 703 disasters to the iile entering the me .- total loss; 19 T-..i'''^^'''',""LT"' " ^l'«"'''^" """^ wrooked ..„ the l«t July last, while enterinir (he Ijittio Jvnnlo htruiis (or water. She stniek on ft roek and lieoame a (olal I-.-h The crow was roseued, and the .soainkinH and portions of the riir.rinL' saved 'hv the schooner ' (.oneva," whieh fortunately was in the vicinity at the titn ' disaster. '' itno of the U.- Br • n f ? S f '";;','''' was eapsizod at ..ea on April Uth, in latitude 58° north, ".«",'"? ■^•' , ''"''^- This vessel had a erew of 2H persons, a.id was sealin- on the Irit.sh (.oluml.ia coast when the storm ..vertook her. Unlike the other eases this disaster was attended by the loss of all hands on l.onr.i. The wreck was subse- quontly found, bottom up, in the vicinity of Cape Tonki, and was towed into ko,i.„i, Kdtoon bodies wore found in the hold. Kodiak. Seizukks ok British Skalers uy United States Cruisers. The strict patrol and supervision maintained this yvar, resulted in the seizure '^> » ». '^.^a^,?^'";lh«>!;"'eH, of three Canadian sealing' schooners : the " Shelby " I'i. B. Maivin and " Beatrice." "^'"i', The " Shelby." un This vessel was seized in the North Pacific ocean, by the United States ss m^^'Tn'-.ft'''" '^\ "''•? ''"^' t ■^^'^y- ^^'^^' '" '"'*'»•'« -'2° 52' 10" north, longitude Xd4 10 58 west The ,,osition of the vessel would thus bo ab'.ut 70 miles off t^ueeii Charlotte Island, on the British Columbia eoa«t, Mppro.ximately 500 or (JOO miles rom her home port and between 1,200 and 1,500 miles from the passes through the Aleutian Islands to Uehrini,^ Sea. It was contended that the vessel was on her way home, with her sprins,' catch, she being one of those which cleared for opera- tions on the American side of the North Pacific Ocean. The vessel was charged with being employed in pursuing seals within the pro- hibited waters during the period prohi'Mtod by law, the close season being from Ist or May to .^Ist July. " *u The action against the ves.sel resulted in her condemnation, the court holdinir that the presence of the ship within the award area required the clearest evidence to remove the presumption against her, which in the present instance was lackintr As no actual taking of seals had been shown, however, it was considered that justice could be satisfied by the imposition of a fine in lieu of forfeiture. She was consequently adjudged to pay a fine of £100, and all costs. The te.\t of the decision is as follows : IN THE EXCHEQUER COUET OF CANADA. British Columbia Vice-Admiralty Division. ! The Queen vs. the Ship "Shelby." >*f..t l' '"'1' '■''— Y\V. V "■"*'"" f''^""-'*''". ^''"■«ter, was sei/.e.l by an .tticer .if tlie United .States sin,, ( orwin, on the 1 Itl, .\ ay, ISil,",, in latiti.ile .".2' o-J' 10'. north, an,l longitmle 134 l< "m" Aw. ;, "a?! 1 J<;;"'f " !1 ^'"^ l""l''''>""l ^^^^^^ "/ f'^ ^'-'^^--^^^ ocean as .leHneil hy%),c iidiring Sea Awanl Act lH<)4,forauallef;e.l contiayction of tlie Act : .such conlravention bcinj; the ..n,,il„vn,ent of the ves.sel in pursmng seals .vithin the prohibit^ waters .lurinK the ,.erio,l prohibitcl by law I5y force of the scheilule.l provisii.ns „f the iiehrinf; ,Sea Awanl Act, KS!(4, which, unaer section U^^I 1 rr ; r""-' r'^'-'^t.''*' ■* "'"^'t«'l 'W the Act, the pursuit of seals within the aforesaid limits 18 prohibited, ami by subsection •_' of section 1, if there is any contravention of the A.t. any person con.nitting, pnicuniig, aidmp or abetting such contravention is guilty of a .iiisdeinean.Mir; and the ship einployed ,n such ccntnu cution, and Iut e.|uipn>eiit, and evervthiug „n board thereof ue 1 ia e ^U :'//; ;"''^, " H-; '^.1-ty : IVovided that the court, without pn.Judi'ce to any other po'u .' r. nia^ rrlf.v^o the ,!up, equipMieiit or rning, on payment ul a line, n.,t e.vceeding live hundrtd pounds At the time of her seizure the "Shelby ' was fully .luiniie,! aiul equipped for killing, capturing and liursuing seals, and had on board impleinent.s and seal skins. ^ capuiung 2J 'JO f By «e.;ti.... I , »ulm..tlon .1, of tho M«.,l FiKlu-.y (Norll. I'a.iH.) A.t, IHI.M « l,i.l. Art ,»..-. in fon .• l,i;,it.Ml ti h un-l M. p.olulMt.M w,i....«, ,iHn 1 .1 I f an Imvii.K o„ iHmnl tluT.ol ti«im,K ai.a Ml.no.ioK im,.!..,,,..,,.., or h-uI hI^uih, ,1 hI all I... m ll,. r.r .. I N.r of M,. I, .l,ip to i.rov,. .Imt ll... My wan not u«.,i o.. ..nnloynl „. -l'''';;;,';' " ' "' thu Aot, The Art- of ls!t:i, Mii.l IH!I» laif.K ill pari mnhnn aro to l.e mi.l an our A.t : M.'W illiali.H ''*■ '^t'-'SluOW? UuJfo.V?!,^ )...,.,. fo„na wi.liin ti... ,.,nl,il,il..,l wuIwh will, «■,.! HkinHMua ,,„,,i',„..„,„ fnr 1,;i*inK' tl,..n> on l>oa,,l, i« to !»■ ,l...n»..l to l„.v„ l...... .•,„,.loy..,l >.. .oi.trMv.i.tio,. of till' Act lltllcsH III!' coUlIMiy '"• hIioWII. .: . f.l, . \.,1V llu. It thrn 1 n sliown llmt III., ship w..s not „„,..l ,h- . M,pl..v..,l in c..n n.v..nti.m ..f 1 1... Ac Th.. I ,Mt iiolM.rlaiit Willi. SH to pn.v.. tliis, if h.i.I, w..r.. tli.. ..a.s.., wonM ..Wily mv.. 1... n ( apt .in (• u • . • . . "t.r, l.ut I... was not cMl.-l. nor wa„ ,1,,. tailnr. to .Ml l.iin HatiHf.otoMlv' a,......in ...1 .1 '•:... ily n.a.on ..tf.....! f..r IiIh aliHcii.;.. wa« tlui 1... was ..u .y on a IikI.iiik ..xp...l.ti.m. Ills t.vi.l..|i..t. rniullt liav.. 1,....|| tak..n -/. / - . Imt no ..(r'n t t.- Iimniri" lil« .•vi.l..|u... -'■'•'i'" '" , "^v'. l,..! n a IT .at... AuL!.ist H.pp.m, was .all...! a. a witn.v., ,,.i.l ntat... th,.t tl... 'My ,;!"l'l»;;> r.l ii.u.i ll- (Ul ApHI, wl... tlu.sl,ip'.l.,.'sh.,WKtl... v..-^.l.t.,l.av,.l.....|.in lat.lu.k oH .1 iioitli an l.muit,.. i:m .•(.V wnt, an.l tl.a- hI.. .1,. , ^et Hail f..r Vi,.t,,,ia Otit... 1 t, May „tt.^ t,.n I avs' ami.« .1... waH fonn.l l.v tl... ■•('or. n, ,., latitn.l.. .V-" .VJ K." nortl, ami lonyitinl.. I.U" 10 H" w.'h a . iKtan ppr...ii.iat..lv of m .,,.1 . Ir.-in ll... p.m.l ot starlinu, or 1-- liaii an av..n,«. f 4( Vnil.H . lav Tl, . pi..p..r .■..,,«. for tl... sl.ip to Lav., st... r..,l t..r \ .. toria wan K.N.K M„iKii..tici ;:!.,* i;':;;;:r:tl.at fr.:,,,'...,.t'ly, «l....i .l.. -s.. ..f H... «,n.l as n.,li,a,.., l,y H... l..« w.-hM have per. ,.,ilt..(l that ...iiUN.. to hi mail., .^ou.l, tl... v...ms..1 was not h..a.li.il in thai illi....ti.il.. l■^a tan... .V. tl... -Jh,! May. she was h.a.L.l on a so.ith.ily -onrs.. ; on May :ti. in, a s„„th hy WL-Ht ..oiirs.. an.l ..I. tl... .-.tl. May in an oast l.y north .•.air... wl...r..as tl... wi.i.l .,ii ..a. I. ot lh..s.. .lays ■as fa .iM.. to an ..ast.sontl,-..a.st ......rs... Captain M..Ki;r:,l«.. Htat..s, f..,li. an ..xa.ni.ml.on ,, th. r h ■ -l.<»'.>".. ought to hav.. n.a.l.. a ....lishl. ,al,ly Knat.;, .Ilstall. .• ..n. ..■.■ ..ours.. .1... nij- tho . t..| . Is. ai.,1, in vi..w.,f h.. fact as stat.Ml in ..yhl...... that tl... " Sl...ll,y l.a.l a lavoi, ah .. > r. ...^a knot an hour, or tlur.al.o.its, it is ..h.ar that si... „.,«lit to '''\'Vr'^„;: .r'': 'sll y '• liHtaia.. The '• Corwin" in .■.ai.i..H fi-n th.- south to th.^ J.oii't wh....- she p .k. ,1 up tl.. Mi. Il.y, M ... ..".....l tV.,i.I' h.a.l wi.i.ls, wl.r.1. w...... favou.ahh. wi.J.ls fo, tl... ••Sh..lhy, an.l li..^pr..va.l.rg wimlsVtIhat til.:.. ..f tl... y...;r,as shown hy tl... (oast i'ilot are westerly, lav..urahh. to the cant- sniilh east .-ourse to In' nia.le liy th.' "Shelhy . , . , i . . t i , Tl e "Corwin" sei.e.l the " Shelhy" for e.mtravention ot the A..t. pla.'e.l a erew on h.,ar,l ..f h.r .ui.l . .lere.1 her 1.. Silka, a .listali.e ..f -(1.1 ...il-s, wliieh .she reac.l....l nii.ler s.u in a little ov..r tw.. .hlvs \t , Sitka, lhe-Sh,.ll,y" was onlend to Vi.to.ia, a .llstan.u. of ..ver <(lll liillos, is show n h> tl... el.iiit whiehlilMee sh.. n.ii'le likt.wise m..l..r sail, 11. tourt.'ei. .lays. ... ., , . ., i T ..■...•. en aske.l t,. eNplah. why 1... went out ..f his ..onrse, partu.ilarly on "- •-i'"'. • >;' h;..1 ,'tl. ..f May, a.,, ihes the faol to .h^feets in the eon.pass, whu'l, he .says varies thri.e .,r four p....,tH I, U this .tate.....,.t Is sh..w.. hy his ..Wl. evi.lel...e to he l.ut a., e.,,..-.,...at.on, an.l t,. lu.v.. ha.l no eir..et V a e er . e ....urs.. aetually i...-ole or inteii.le.l to he li.a. e, for whilst it Is true that the .•..liipasH ari.s a n.r yari.s conshl-.tahiy, s.i,.li variation is leK.ilai known precisely, ami .Inly all.,w...l t.,r. i..r ,.,'n„.iitte,lhin.s..lf on his e.aininati,... at the l.ear.ng t,. the yar.ati.ai .. th.. eo npass r.ason wl.ieh he was ,.oinp..lle.l to a.hnit on cn.ss.exainination was i.o r..asoi. at all he was l.y i...|- ,.,!ssion,,f}he''.'..rt,eearu..la,lay or tw.. after the evi.lenee l.,.,l elo.s..,l, an,l h., then aser.hes the '''•"ri;;:;iu:;"uei:t;i.:;:^nnai;;etpi:l'!:n;T^^^ this 1 . V si .Ml on. s O.I. the 'regular eoni's.. fr.ini the IK to the I III. May, an.l the aet that 4 IK , . oil iy V us ina.le in ten .lays, alt.-gether unaeeonnte. f,.r. It is trn. hat l)..ni.y !• ,,n, la a l.nn'i August .Sehout, the e.,.,k, an.l Victor Kn...,ani.e l,«e,..,n.tst, .,i.e . the seaman, a) testify, , aven. .1. .1.1 vv 1 1. ..Mth, that no seals we.e take., .hir.ng tlu.se .lays, nor were the h.,nt8 le....l h. itapp..ai~ al... th.it nonev,..re seen .In- Ing these .lays. I h.^ir ev„l..n,.e leav's he ,1 i. lof , levll^n,, f. -0 recourse, a ,t„-.-.e.l, an.l, in the ahseii..e ..t .w.lene.. explaining it, the ^v . ' s .1 >'. r„ ,- .•' .hat the .lev.alions were occas..,i....l l.y the att.ii.ipt t.. pursue seals. At .vents it nas no. i.een prove.l to my satisfaeti..,. tliat the vess..l was n..t .....ploye. in the I.ursu.t .sea. bring these .lates^ In Reg. y. the ".Minnie," 4 Kx.:l. ..I. it w.is heh hy ( r ease, .1 that t he 1 lese ce ..f the ship within the pioliihite.! wat..rs re,|.iire,l the clcu'esl ev„ eliec. of /,o-m./r. -x to exonenite the master of the inteiiti.-n to infringe the provisions of the A.t. .iii.l that as his explana- ti.m of the eir..uii.staiices was nnsati.sfactory, the ship must he eon.len.ne.i. T. ruling is, I think, in thon.ugh accr.l with .subsection .1, of Heetn.i. 1. an. I am boun.l fj follow it I app i'^^^ ^"'"'^•'ly t" this case. Here the captan. h.is offer.,..! no expla..atl«n at all an.l the e-xplanati.... J.f the eir. umstauces, sn8pieiou.s in Ihen.selye.s, g.vei, by the mate, is uiiHatisfactory. Tho vessel therefore, iniist be con.b'innetl. , , . - , • , i ^ ^- t Iamineli^e.lt,,tliiiik that thi.s is a ...se, as no aetua taking ..f seal-s is sh.nvn, but negat.yed «„on tl .' "nee, where a fine might meet the justice of the ease, inst.m.l ..f (..rfeiture. I have ,rii, \.n.k.. .ubsJction 2 of secth.n 1 of the Act ..f 1894, to «ubst>M,to a fine for forfeiture. I will hear eounsel upon this point. , .. 'i'he csts of .si.it must foUow tho condemnation. The lesult was a line of £100. •il t \ iunK H.m Awarl Aol, I8!I4) viz. uh« ot firoiirinM aiul cx|>lonivcH in (iir hcai IJNliin^'." Tho i.tseof tlifh<' im|»liMnontK formal hum, -.is li.rhi.l.ltMi al iv\ Utmn in nenriiij^ .Sen. Il aiipotti-Hthal thoviiNKdl was hoa.dvil by an ,. 'i-er from llio Ui. ioil Slati'N Ship "(rmnt. on the 21,.t Aii-ust, ti thorouK*' mmh nude., and an <• uy ,n,,,ie in the lo^ ;iM to the ci.rroetnivsh of the ntimhci' nf ,. i,^ liikni. A^'am on iho ^Cth AM«ust, nho was boar i hy ,jt". olHcor f ,in ilie United HtateH ivvenui, eiitier "Ferry," every i-kin ove .mled, including l i.uHo pvovioiihlv exammiHl, ami lettHlrown tirouiul iho ho 1. '' On tho 2mi Septeinber, h\v. wax fur tlio lliu '..iio I mrdwd ; this time hy an otficerfrom the UuledSlateHHhip •'Ili.iiarl Rush.- Th, ve.^ol was ut.der hIou- Hail with all boats uu hiintiiif^. Upon an examiauti WUM found to he cu, 'eel. The veHMcl ha i on board 38() Hoal si le captain'^ view ihal it did iiu Apart entirely fro. i tho doubt exiHtiii;,', as to whei by a hjiol wound, and i u' presumption Koiui^ht to bo r; wholly dependent tipoi tho insuperable condition tb. beyoiid quoHlion, the pi .senco of Mich pro .f would In. toartbfd adequate evidei co that the "Ma vin's" crew i plomenlH. it in a fact well I sealed, but who was not authorized to seal them The court hold that any i>picion that might have been civited, had been satis- tactorily cleared up by tho muster, and the suit was dismissed without costs. The full text of tho docisii m m;vy be of interest : IN THE EXCHEQUER COURT OP CANADA. ot the skins, their number \*'luch was selected by tho "d a shot hole. The mtister iC like a shi.t hole, and ox- It is also stated thtit Captain '" skin with on-* which had : like a shot hole. I he hole had been made •d against Iho vessel was it sh"uld 1)0 ostablislied ^1 en in itself insufficient Used the prohibited im- iiig industry, that seals Britisu Columbia, Vice-Admikalty Division. i The Queen vs. The Ship " E. B. Marvin." IIS was an action for conilenuuu .n o f the British vessel " E. B. Marvin." her enuip.nent an imgon bouril of her, ami the pro, ,. els thereof, inatitnteil liy Arthur V. .Iiury Mog«riilee Com ■ m H.M.S. " Royal Arthur," on behalf of Her Majesty, on the groiinil that at the tiineof the presently nientlonei! the sanl ve.«i! «as i„ Rrhring Sira f^=!!y arin.il aiui c.,uippcil for taking s, anil was engaged in tur seal tishing in Behring Sea fr,,tn the !)th August, 189.-), to the 2nJ r'l -n- '' ^^'""'"'"'"'''y' "'"' '•'« the said time use fire-arms and explosives for the J of killing fur seals, contrary to the provisions of the " Behring Sea Award \ot 1894 " 90 'l"lu' faclH of till' I'RNt^ lis |ii'()V('il Ipffni'c nil' hIidw that tin; vt'Ksi;!, Win. Diiiiglas Uyi'i-s, inastiT, left the |)i)ft of \'irt()ria mi Ihr 1 llh .liuiiiaiy, 1S!I.'>, for the North I'acitic on a fur sfulini; voyage, fully inaniieil ami ei|iU)i|HMl «illi I lie iieeessaiy oiitlit for seal lishiiiL,', inehicliiiji a supply of Hre-aniis ami ex|)loMive». On tlie ISlli .liiiie, IS!).'!, Captain liyers reieivcil instriietions to ]iroeeeil to Attn for the pnr|)osu of getting liiM lireiuiiis wealeil up, ami, on the "JTth .Inly, he leported with his vessel to Captain Car- mine, the American eiislom lioiisi' ollieer at. .\ttii, who infornu'il him that he hail no authority to seal np his arms ami ammiinil ion. hut, after miking a manifest of the things on hoanl, ga\e Captain Uyers a elearanee pi rniilling his vessel to proeeeil to lieliring ,'^ea for the purpose of huiitingfiir seals. The manifest with which ('aptaiii liyers went to sea frnni .Vttn incluileil 1, 1. VJ loaileil luass shells, !)(),'{ empty liiiiss shells, ami l.'IS empty jiajiei- shells. Having proeeeiled on her voyage, the vessel was overliaiileil an of the Paris award, viz., not enterin irately the catch of hcais in her official ios^." f uo The registr^ cutter accu It appear.-*, iiowevor, that the charge againet the vessel was not so much that tho master had not accurately enlered the catch of seals in tho official io tho entries which had been made wore found to be quite accurate— as that he had allowed some days to elapse between tho (hite of tiie last entrv and that of tho board- ing of his vessel by the United Slates officer. The cajitain explained liiat although the official log was not entered up to date yet his diary log, or memorandum, was all right, and the log would have been wriilon up from tho slate by noon of the day upon which he was boarded at about 8 o'clocic a.m. The article of the awaid relied upon for this seizure reads as follows : — , HI .mT")'! ''■ 1 Tl'" '/T"'''", "V"' T'^'^f ^t.ngag,.d in fur-seal fishing shall enter acuiratelv in their otiic anog-book the d.ite and place of each f'ir-.seal lishing operation, and also the number ami ot the seals captured upiin each day. These entries shall be govcriiinents to the other at the end of each fishing season. communicat(Ml sex by each of the two Road in connection with tho Merchants Shipping Act, which applies to all lo"- entries on sealing vessels, it is difficult to conceive hoWgrounds for the seizure of the vessel could be tissumed. Instead of demanding that all log entries shall be made on the day of the occurrence, the Act specifically contemplates their insertion ala subsequent date and even legalizes ent.ies to bo made 24 hours after arrival at tho final port of discharge It IS, therefore, obvious that tho sealers might, with as much reason and justifica- tion contend for tho one extreme application of the law as the United States authorities do for tho other extreme inler])retation. Another point raised by this seizure is as to tho liability of the vessel at all in respect of log entries, offences of the nature being punishable by the imposition of a nne upon the master. When the case came up for adjudication, the court dismissed the action for con- demnation, with costs, directing a reference as to the damages to wlilch tho ship ia entitled for her illegal arrest and deiontion. Here is the text of the decision : IN THE EXCHEQUKR COURT OF CANADA. Briti.sii Columbia, "| Regina vs. the ship " Beatrice,'' her equipment and every- Admir.'vltt District. ]■ thing on board of her, and the i)r4. with respect to olficial logs (including the penal provisions), shall apply to every vessel eiii- ed m tiir seal fishing ; and section iSi of the Merchant Shipping Act, IS,-.4, provides that every entry in an official log shall be made as soim as possible after the occurrence to which it relales, and, if not imde employed in Hiicli eoiitiav(!ntiori, and lier eiinipment and everything on lioai'd tliereof, shall la; liahle to he forfeited to Iler Majesty as if an oH'ence had lieen eomniilled untler seetion 101! of the Merehant Shipping Act, 18r)4." Assuming that the contravention of the Act, owing to the neglect of the master to kee]) up his log, can the ship he said to lie " employd " in such contravention, as it is only when enijiloyed in tin; conliavcnlion that she is suliject to forfeiture ? If the conlravention had lieen the taking of seals at a prohibited time or place, or in a |)re- scribed way, the vessel might littingly he said to l)e "employeil" in the (tontraveutiou. Hut the kee])ing of the log is another iiiatler. tliat is the master's duty. I cannot see how the vessel can he saiil to he i'ni))loyed in kee))ing Iheolliclal log, or in omitting to keep it. I!ut heyond this, following the general provisions of sul)section "2, wldch among other things im- poses the foifejiurc of a ves.sel employeil in contravention of the Act, is subsection .S, which says that the provision-* of the .Merchant Shipping .\ct, IS.')4, with res])ect to olhcial logs, (including the penal provisions), shall apply to every vesscd engageil in fur seal tishing. The ))enal pro\ isions of the .Meichant Shipping .Act, (.section iS4) sidiject only the master to a particular ])enalty, for not kcef>- ing the ollicial log book, such penalty being a fine of five ])ounds, or thiity pounds, ai'cordiiig to the offence. No |)enalty or forfeiture whatevei' attaches to the ship. The i)artieular jjrovision of the Merchant Ship|iing .Act. inflicting a tini^ only upon the mastei', seems to be iiicom))atible with the general provisions of subsection '_*, of the Act of ISII4, imposing a forfeiting', and such being the case, and following the well recognized rule of construction laid ilowii in Churchill v. Crease, .") IJing., IHI); I'inkcrton v. Cook, Ki M. & \V., Cd."), ami Tayloi v. Olaham, I,. K. 4, eh. I)., .T)!), snb.sectioii ■J, imposing forfeituic of the vessel, must be I'ead as expressly excepting a contravention by omission to keep a log. Hence the vessel is no: .iahle to be proceeded against, although the master ndght be punisheil by a line. lint I am 1 y no means |)ersuaded that the captain was punishable for, or guilty of, any culpable oiinssion in respc'cl of the otlicial log. .As lufore jiointeil out, by section "iSl of the Merchant Ship- ping .Act, every entry in an ollicial log is to be made as soon as possible after the occurence to which it relates. "As soon as |ioHsible " means "within a reasonable time,' .Vtwood v. Emery, 1, V. 15., X. S., 110; Cannel v. Beiven Ins. Co., .Si) U. ('., i). 15., S; Holt v. Western A.ssurance"Co., 1!), U. C, Q. 15., .'I'JIi ; and what is a reasonable time must depend ujion the facts governing the case in which the (|Uestion arises. Here it was proved in evidence that the captain kept a book of account with his hunters, who are paid according to the seals taken, and this book was kept in the cabin, constantly o])en and in use, and i'ont,iine(l a chiily entry of the particulars of the catch, licsidcs this the captain kept his ship's log, in which w(-'re entered ilaily jiarticulars of the voyage other than the capture of the seals whilst the oflicial log book was kept locked up. The crew, besides tlit hunters, consisted only of the captain, mate and the cook. The hunters would leave the ship in their brjats at five ii.ni., and generally remained out until evening, and the crew of three left on board would have their time well occupied, |);Lrticularly in rough or foggy weather, in navigating the es.sel and keeping the boats in sight oi' hearing. .\t night when the boats came in, the captain would take on deck particulars of the capture, and then uo liclow and enter them in the account book. When time and convenience afforded re- laxation friim other duties, the captain would make i:iitries in his otlicial log which had, in this case, been duly posted u]) to and iiududing the 14th August. The siiip's log shows that between the l.')th and 20th August there was considerable foggy and dirty weather. 1 am unable to .say, under these circumstances, that the captain permitted an un- reasonable tiiiie to elapse in making entries in tlie official log. On those grounds I am of o[)ininion that the action for condemnation wholly fails, and as in my judgment, the charge upon which the vessel was arrested was of something for \\liicli arrest could not legally be made, no ipiestion of resonable cause for the arrest arises, and, as the ship was ar- resteil v'.lien in juirsuit of a legal and profitable emiiloyment, she is entitled to recover damages therefor. J, therefore, dismiss the action for condemnation with costs ; and I direct a reference as to the damages to which the shi)) in entitled for her illegal arrest and iletentioii. It is represonted thtit the ownci-s of the nchooners "E. B. Mtirvin " and "Beu- trico" liiive tiufferod severe loss by the soizui'e, and interruption of the neason's voy- age. The actual losw of the " B. B. Marvin " alone, aHsuming that her catch would have a^ifrcgated about the eamo as other vessel or similar .size, class and equip- ment, will probably bo between $5,00ii and ^10,000. The Cases of the " Wanderer " and " Favourite." Tlio seizure of ihoHo vossoia by the United States authorities in 1391, each fur the possession of one unsealed gun on board, was referred to in the report for 1894, p. 145. 'e IS any con- ) uiijployi'cl in l(c forfuiteil iliippiii},' Act, n keep u|) his ployed in tlie or in a pre- on. Hut tlie vessel can be ler tliiiij;H ini- li, wliii'li says inuluiliiig tlie visions of the for not keep- iirding lo tlie o\ isioii of the lilc with the eing the case, uase, .") i5ing. , !), subsection invention by li tlie master any ciiljiable erciiant Shiji- ciice to wiiich (". H., X. S., 1(1, U. C, Q. 1 in whieli the liiinter.s, who y o|)en and in itain kept his re of the s'.;als sisted only of Hve ,1.111., and leir time well g tlie boats in f the capture, '. afl'orded re- , ill this ease, ble foggy and iiiitteil an un- aiid as in iny li arrest could e sliip was ar- lover damages •eference as to • and "Beu- jason'B voy- iutch would and equip- i)i, each for report for The action ofthe United States authorities was shown to huvo hoon without war- rant, under ihe machinery provided by iho Imponai (rovornmtu.t to kivo effect to the award of the Pans Tribunal of Arbitration. It was iilu»wiso Mtuled that nrotnnt re- presentationH had been made to Her Majesty's Government a^aiiiHt the aelion ofthe United Sttites authorities, while claim., to compensation for Iohm an.l damages sustained, had been hied by the owners ofthe vessels. ^ The nature of the claims advanced is for interruption of v.iyaKe an.l .■ot.Henuent loss of catch, based upon the average take of vessels of the same elasH an.l equin- ment, wbich that year pur.-^ued their voyages uninterruptedlv. It does not appear from the information pmeurablo '.s. The Court of Appeal remitted tho case to the Supremo Court of the United Stales on the ground that it had not tho power to decide an international question. Ihe certifacate of the Court of Appeal is as follows :— (16094) SUPREME COURT OF THE UNITED STA1M0H. OCTOBER TERM, 1895. No. 804. THE STEAMER "COQUITLAM" &c., THOMAS EARLK AND UNION STEAMSHIP COMPANY, CLAIMANTS, APPELLANTS. VS. THE UNITED STATES. On Certificate from tho United States Circuit Court of Appeals for iUn Ninth Circuit. INDEX : ^> , .^ Original. I'lhil Order to certify questions | | Questiulia certified ] ■ Clerk's certificate -j ■ .Itaiij & Detwkileb, Printers, Washington, I). C., December Dili, |,S|),-|, •26 THK STKAMICR " COQUITLAM, " KTC. VS. THK UXITKl) STATPIS. At ;i stilted tfiiii, tiiwit, tlu; Octoljor toiiii, A.I). ISil.i of tlu! Uiiit(Ml States Cireuit Court of .\))1ic'h1s for the Niiitli Ciivuit, lieM iit tlie eoui't-rooni, in tliu eity aiiil eouiity of Sim Friineiseo, on .Mondiiy, the fourtli (hiy of NoveniliiM', in tile year of onr [..ord one thmisund eiglit hundred and nini'ty-l'\e. Present : --The ffonouralile .losepli MeKenna, Cireuit Judge: tin; Honourahle William If. (lilliert, Cireuit Judfie. , The .SieauK'i' •' ('('ijuitliUM," 1 te., 'I'houia.H Karle and \ ,. ,,,.,. Urion .Steanishi|i Cmniiany, Chiiuiants, Ap|)ellauts. j • • - • VS. THK L'XITI':i)SI'AllvS, It appearing that the aliove entitled eause was in due time and in the manner recjuii-ed by the Aet establishing the United States Cii'euit Courts of .\rpeal aiipealed to this eourt from the deeree of the I)istriet Court of Alaska, rendered upon the ISth day of Deeendier, ISII.'i, and tliiit saiil eause is ii suit in the Admiralty brought by the I'nited States for the forfeiture of the steamer " ('o(juitlam " by reason of her alleged violation of the revenue laws of the I'nited Stat(w, and that the iuri.- entertain sueh ap|)eal under the itrovisions of seetiou Ii of the Aet ereating the Cireuit Courts of Appeal for the reason that said Distriet Court of Alaska is not a District Court within the meaning of said section, and is not a Distriet Court belonging to this circuit ; and, seeoml, that said Distriet Court of Alaska is not a Supreihe Court of a Territory within the ineaidng of seetion l.'i of said Aet and the nde of the Supreme Court assigning ai)peals from the .Supreme Court of said Territory to this court : — And it a|jpearing that tliere art; other appeals in Admiralty causes from .saiil district court nf Alaska now pemling in this eourt, and that it is of importance that the (|Ui:stion of jurisdiction of this comt to entertain the sanu! be speedily and finally determineil, and this court being in doubt eoin;erniug the true determination thereof : — It is ordered that the said (piestion whether this court has jurisdiction to entertain the appeal in this eause be, and the same is herel)y certified to the Supreme Court of the United States for its decision, and that the clerk of this court forthwith transmit a copy hereof under the seal of this court to the clerk of the Supreme (^)urt of the United States. 1, Trank I). Moneton, Clerk of the United StatesCireuit (^ourt of .Vjjiieals for the Xinth Circuit, do hereby certify the foregoing to be a full, true, and correct copy of an oi iginal order this day entered in the cause entitled The Steamer " Co(|uitLiiu,'' etc., Thomas Karle and Union Steamship Company, claimants, appellan s, vs. The United States, as the same appears of record oi\ the miiuites of our said United StatesCireuit Court of A|i|)eals. Attest my hand and seal of said Cireiut Court of Appeals this 4th day of Xoveudier, A.D. ISO."). (Seal Uinted States (Circuit Court of Ai'peals, Xinth Cirouit.) A]>pea (Signed) •) F. D. MOXCTOX, Clerk. Kndorsed on cover, ("use X'o. 10,094, United States Circuit Court of Appeals, Ninth Ciicuit. Term X^o. 804. The Steamer " Co(|uitlam," &e., Thomas Karle and Union Steamship Company, Claimants, Appellants, vs. The United States. Certificate, tiled Xovember :i7th, IS!),"). The only question before the Supreme Court raised by the certificate Ih, there- fore, the qiiOHtion of juriHclictioii of the Court of Appeal fioin the Dintrict Court of Alaska, but it is understood that the solicitors for the owners of the vessel have duly arranged for the exhaustion of legal reniedy, by formally entering the case in the Supreme Court of the United States within the time limited. THE BEHftlNQ SEA CLAIMS. At page 14fiof the report of the Fisheries division of the Department of Marine and Fifshories, for Itist year, this branch of the question was shown to have reached the point at which the resolution, providing for the appropriation of the amount necessaiy to settle the claims, by the payment of a lump sum agreed upon, was de- feated ill the United Slates Congress, leaving the matter still a subject for further diplomatic correspondence between the two governments. In S'ptembcr last, a Parliamentary paper was presented to the Imperial House of Commons, coniaining cori'e>-»poiidence from May, 1894, to August, 189;"), on the subject of the settlement of the claims, embracing that particular phase of the question, I'uit Comt of FniiifisL'o, on liiiiMlreil and ■ Williiini ir. iM|llili.'il hy llio III! tllC llfCM'O i^t Kiiid cauHO " Cixjiiitliuii " ic jurisdiction ;i-oun(l--i ; tirst, L'otion (i of the iistcii. is not a onging to tliis iii'itoiy within peals frciMi the strict court of juri.siliction of wing in :4l'.'>,(MM) was agrci t^ the House of K upon. The correspondence as to the lunij) sum was submitted tfl the House ,,t epresentatives n. January of this year, and was rejeete.l hy them in Fehruary. the eupon .Mr d i auucefote was rnstruete.l tu ask for the resnmj.tion of the dis,.ussion on the con- yention, to winch the answer was that the fnited States were rea.ly to resume negotiations, hut the eonventum could not he suhmitted to ( •.mgress till l)ecend,er. The despatches up to April l(i are chletly concei'iiLMl with an account of the lu'L'otiations on the conventi,,,.. „m,1 „f s,.„„t,„. \l ■.. enietly concei'iiLMl with an account of the negotiations on the conventi.in, and of SemitorMor.'iii , I'eso.utuai proposing the appointment of a committee to examine into the liahililv of tiie L'niteil States to pay the elaiius an,l int., the liability of Creat liritain an,l Caua,la. A Mim'ma. v of .Senator Morgan s memorandum .,n the liability of ih- Cuited States was also forwarde.l. The eoiVespoiulence hen ceases hetween April l(i and August .SI, l.y which daf Lord Salish.iry had taUeii his , , I.e.. at he JM.re.gnOlhce. In his letter to Sir I. I'auucefote, who was then returning to his post. Lord Satis- mry incloses amemoran.liiu, setting out at .somewhat greater length some .,f the points ii,s,ipp„rt of he claims already referred to in Sir I. I'auncefole-s despatches. Lord .Salisbury says that Sir ,( I iuincefote .s arguments l.r.mght forwanl in suppoil of the .■laims have the entire ap.iroval aii.i thenI's,'T'',' I ','■ ^^Y'^ly'' <:overnnK.nt, and the attempt made l.y .Senator Morgan" t,. dispute em seems to he largely founded on uu.sapprehensions. Lor.l .Sdishiiry has n ,nht that when the full ta s a e hetore the i.uhlie in the Lmte.l States the liability of that country which has never been denied l,y the (.overnmeni. will be generally recogiiize,l both iusi.le and out'.si.le .,f Cui-ress The tollowing |)assages may be ipioUid from Lord .Salisbury's memoraiidum ■ " ' Hie.statement cmnmunieated to the press by .Senator .Morgan entirely ignores the fact the five (|Uestions si'li'mtte, to the arbitrators in acconlanee with article VI. of the treaty of the •'Dtli I'el.ruary, IS 12, embodied the wh.,le of the gnmiids urged on behalf of the United .sLites (;ov"ern- ment in justiheatioii of the sei^.ures .ait ..f which th.. claims arise. This is abuii.lantly clear, not .uily ..^tL M^buuaT''''" '""'' """ '" ""■■ ^""""'- "f ^'"^"'' 'lU'^stions, but als., from the procee.lii.gs " Tin- .seizures were, in fact, f.irinal acts of the Unite.I States (iovernment in the exercise of the rights ami jurisdiction which th.'y claime.l, an.l the tribunal, in .le^daring that they ha.l n., title to such rights ami jurisdiction, necessarily .leclur.Ml that the h.ss an.l injury inllicte,! .)vernn:ent is clear fr.im the pr.)eeedings of the tribunal." It iiiay be remeinbere.l that tli..^ Tr.^ity of Arbitration was signe.l in IS!)2. an.l the Tribunal l.V negotiati.ms as to "the liability of the \ u l?^ '■•''■^''■"'!'^"t t" l>ii.y e.anpensati.m at all : ami, further, that the ..nly reservations ma.le ehalt.)t the United States (.overnmeiit were " the .inesti.ms as t., the value .,t the .sahl vessels .>r clnsively settle.l by the ilecisi.in o. were tioue.l Unite. ,»., K.,i,..if f ti rr •■^ ri.T ." ',","•' ' ' "" .11 -m . ..ii.i, .miiiei, iiiuL me .uiiy reservations maile .n behalf .,f the United States (iovernment were " the (inesti..us as t., the value .,t the .sahl ves.sels .>r tlnjir contents, or either of them, and the .piesti.m ,ts to whether the ves.sels mentioned in the selie- Unke.'i Statl'S "' '^^''■*"' '"' ""^' ' """"' "''"'''' ''''""■^' '"' '" '""'' ^'"' "'•'""'' l"'"l'^'''urable to tlie Unite.I States, bear iring in mind that 28 the (■laiiiiH lui(l iiliciidy \m;\ oiitstaudin^' for ten years, imn of the aihidators hiul hi'on L'ivfll. It is 111 not uiisy I., huhevo that if the hite ('(mgics.s liiut hcen fully a,t(|iiaiuti'.l with the circuni. staiiOfH It wonUI have refused its sunetion to so leasoiiahle a i>ro|)t to their exanniiatioii hy a oommission to he appointed for tliit purpose, or for the simple ex|)eliHes of siieh a eoiiiinission. , Tho nofroiiiitioriH which vvure procei'iliiiK for the ostahlishtnont of ii convention lor the aHHCHMrncnt of the claims, wore, it will ho focn, iiiiorruptod hy the voluntary offer by the United Stale-' (Jnvernmont to nalisfy tiio claims by a "lump hum" ])aymeiit to ller MajesiyV (iovernmciit, which was rci,'arc]ol amcndinciUx maili- siiire oriuiiia/ pi-cs<-jifa/lon of lUl of IMtUi claims xation for the xehure oj liritish .laUiuij i'e.««/s //( Ih'hriiuj Si a. ' ADA. (,'laiin of the master, Captain (laudiii, for personal loss ami d damage. . . *3,000 This claim was, by a mistake on the part of the agent of the owner of the " Ada,' not included when the other claims in connection with this vessel wero entered* Captain Gaudiu thought that it had been so included, and it was only on seeing the printed list of the British claims that he discovered that such "HENRIETTA. [Seized hy the U.S. warship " ^■orktown" on Septemher 4, 1802.] Value of vessel <5 ^ dOQ Value of outfit and ecjuipiuent li'wO Value of 4'JO seal skins, at .SIS .".'.'.'.'.'........ 7 rtQi) Value of Ijalaiije of estimated full cateh for season in I'.ein'ing Sea for three hoats and tliree eanoes, viz., .jtil skins, at .^IS |0 098 Legal ami personal e.xpenses in defending action against vessel and cargo at .Sitka, and in preparing and forwarding this claim •2,0(M) Claim of owner, with interest at 7 per cent, to ilate of payment. . . '2(ifii}S i1 t'lapaed since itii tliu <:irc'uiii- ,.-) it was Ijy the t of tllf clililllM, for till.' .simple a convention 1h> voluntary liinip rT"| "" ^ho basis of $8 per skin, whereas it w..'s'as;:e;t;incd\ifWwar(rs that the skins had been sold at San Franiiisco at an average of $9.67 per skin. 30 List tind stimmaiy of tho claims for compoiiHtttion in respect of tho Heiziires of Brilish vorthola in Eoliring Sou by tho authorition of the United States. "CAROLKNA.' (.Sfiml by U. H. H. "Curwiii," AiikumI 1, IHHfi.J Viilui' of vcssol, 32 toiiH Valiii' of (Mitfit (iiicoiiMiiniaMe) .!'.!!... IiiHiirancc ' .'.']][][']' Wages of cnnv' ui) to dati' of seizure ....'..'..','.".'.'.'.'....,", Passagi' of (lew fidiii Sail Fraiici«c<>7 00 26,225 ()9 2,955 98 23,269 71 7,000 00 7,000 00 List and Siiramaiy of the Claims for Compensation, kc— Continued. "W. I'. HAYWARU." [Heincd by ir.S.S. " Richnrd Kiinli," Otii July, IHs;. | For— PanMUHc of crew, itc PaH«a(f(! (if iifticcrH liCKal fx|icii»i'M iif owners I'rolialilf seal catcli, 1S.S7, 3,r)00 sfaln, at *5.50, '.'.'.'.'.'.'..'. L(PHH by dctiMifiiiu, Oc'tiilicr 1, 1887, fo Kfliruary 1, 1888. liOHs (if imitit in season 1888 (Kcbniary 1 to ()ct(iln-r 1 ). . P(;rH()iial I'.xpciisd.'i of owners Claim by owner, with interest at 7 jier cent to date of payment CoHt of suit before Supreme Court United States, in reseizuro of " W. P. Sayward " . Total. "GRACE." [Seized by U.H.S. "Richard RuhIi," J.ily 17, 1887.] "ANNA BECK." [Seized by U.S.S. "Richard Rush," June 28, 1887]. Value of veHsel Nonr'onHumable outfit I'assaKo of niaHtei and crew I'ersonal expeii.ses of owner Le',;al expenses I'robable seal catch, 1887, 3,1.50, at 85. Claim of owner, with interest at 7 per cent to date of payment. "DOLPHIN." [Seized by U.S.S. "Richard Rush," July 12, 1887.] .Vmoiint of .'laim as put forward by owner. s Cts. 255 00 250 00 850 (M» 19,2.50 IHI I 1,20<» m 6,0(K) 00 2.50 00 28,055 00 62,847 12 iMJ,!MI2 12 Value of vessel, 182 tons oiwuiivi Nonconsumable outHt '.'.'.'.'.'.'.'.'.'.''.'.'.'.'..'.'.'.'.'.'.''.'.'. Passage of master and crew '.."... .....'..','......'....'..'..'. Personal expenseH of owners Legal expensi^s Probable catch, 1887, 4, 200 seals, at *5 . 50. ..... . . .' .' . . . .' ." . . .' .' .' .' .' ,' .'.'.'.','.'.'.' " . .' 1,742 57 200 00 2.50 00 ,S50 00 23,100 m Claim of owner, with interest at 7 [ler cent to date of payment 38,142 57 8,000 00 977 50 460 54 260 00 850 00 17,325 00 27,863 04 Valueofvessel, 174 tons... ] 2,000 00 Vauie of nonconsuniMble oiitht 2 051 50 Passage of master and crew !...!!!!!!!]!!! SOO 00 Persi inal expenses of owner !!..!!.!] j 250 (X) Legal expenses ' q'^., ,^, I'robable catch, 1887, 4,.500, at .?5.50 ''"'""'".'.'!'..'".".'.".'..'.'!'.'.!!!!]]■ 2!.7rrf1 00 Claim of owner, with int-rest at 7 per cent to date of payment ! 40,201 ^0~ 82 liisT and Summary of the Claims for Compensation, kc— Continued. " ALFRKD ADAMH." (Heinfid by II..S.H. " Riulinrd RuMli,".Tuly 10, 1887.] Viiliii' of (iiiltit seined I'elHDtml ex|i(giHeH Tje^yul expenses l'i(.liiil)leeiiU'h, 3,500, at !liir..50. Claiiii of owner, witli interest iit 7 per cent to date of payment. Amonnt of claim an put foi«ard liy owner. $ ct«, (iK3 (H) L>(H) 00 ;ioo 00 10,2i">0 00 20,43''t 00 "ADA." [Seized by U.S.S. " Bear," AupiHt 25, 1887.] Value of vessel, (>H tons Value of ni)ncoiisumal)l« outfit Piissiij^e, Ae., of master Personal expenses Legal expenses Probable catch, 1887, 2,870, at S6.50. Claim of nvner, with interest at 7 per cent to date of payment. 7,000 00 •j.Wm) 00 1IHI (M) ■.'."0 IM) .H."pO (HI 1,0,818 00 20,518 00 " TRIUMPH." [Ordered not to enter BehrinK Sea liy U.S.S. " Richard Rush," August 4, 1887.] lUefral lK)ardin(? and seareliin^' of " Triumpli," as set forth in affidavit. 1,000 .seal skins Legal and other s.xjienses Claim of owner, with interest at 7 jier cent to date of payment. 2,000 00 8,(HM» (M» •JuO (M> 10,250 (K) "JUANITA." [.Seizetl by U.S.S. " Richard Ku.sh," ,luly HI 1889.] 620 seal skins, at 88 . . . Balance of estimated catch for 1889, at S8 pears, Hco. "Svw ship's papers Legal and other e.xpenses. Claim of owner, with interest .at 7 per cent to date of payment. Fur amen led claim, see memoranda preceding 4,9f)0 OO 9,424 00 30 (M) 25 00 250 00 14,f)95 00 17,097 66 " PATHFINDER." [Seized by U.S.S. "Richard Rush," 29th July, 1889.] 8.54 skins seized, and estimated balance of catch (1,240) at .912.25 a skin . ( iuns, itc. , seized New iMvpers.. Legal expenses Claim of owner, with interest at 7 , .'• cent to date of payment.. 25,725 00 705 00 25 00 250 00 20,705 00 en. AlJKIIIIlt llf I'liiiiii aH put fiil«aiil liy IIHtlfT. i? CtH, CHIi (H) 200 0(( :!(H) m 19,250 00 20,43S 00 7,000 (10 2,500 00 KHI (Kl ■>:a\ 00 ,s50 (Ml 15,S18 00 2(),51M (M» 2,000 (H» ,S,(H(0 (Ml 25(1 (HI 10,250 (Kl 4,900 00 9,424 00 30 (K) 25 (10 250 00 14,095 00 17,097 66 25,725 00 705 00 25 00 250 00 26,705 00 83 Lt9T and Summary of the Claims for Compensation, ko.~Continue,l. '• THIUMt'lt." [Onl.TPd (lilt of IJeliriiiB S..a l.y U.S.S. " Kidianl Kiish," llili .lulv, is.sii. I F.ir Ualiiiic.' (if ( itimatid catch of 2,rKJ0 nt >|I8 a Hkiii. lii'Kal anil (itlicr ••V|ifiincs Claim by IIHI1C1-, uitli iiitcicst at 7 |iif cent td date (if |iayniciit. AllKIUIlt (if claim aH imt forward liy oHiicr. H CtK. 19.121 (Kl 2,"H) 00 19,674 00 • I'.LACK |)IAl\roMl.' [Seized by U.8.S. " liichard ltu>li." lltli.hily, lss:i.| 7(! nkiiin Heizfd at SS 2,021 ■,>|icar.>., itc, seized New Miiip's papers LcKid and ntlicr exijenses 008 00 ! 10,192 OO 11(1 (Ml 25 (K» 250 (Ml Claim of owner, with intorfftt at 7 per c«nt to date of payinont ! 17,1S5 ( H) "MLY." [.Seized by i;,S..S. "Richard Hiisli," (ith August, 1889.) 333 skins seized, /it *8 Halance (if catch, 1,7'>7 at !?8 . . '.".'.' Sjiears and salt seized I^ew ship's ]ia]iers Legal and other cxpeii.ses \\ Claim of owner, with interest at 7 lier cent to date of payment . . . 2,i;(;4 (Ml 14,13(i (Ml KM (Ml 25 (Ml 2."i(l OO 17,17() 00 "AKIKL." [Ordeicd out of Behring Sea by IT.S.S. " Richard RuhIi," liOfh .July, 1889.] Balance of estimated catch of 2,0(Ml (l,Ii)(i) at .*8 Legal and other expenses Claim of owner, with interest at 7 per cent to date of payment. 9,248 00 25(1 (10 9,498 00 ' KATE/ [Ordered out of Behrins ««<■ l)y l^S.S. " Richard Rush," Kith August, 1889.] Balance of catch Ijegal and other expenses !...!!... Claim of owner, with interest at 7 iJer cent to date of payment . 10,9CO 00 250 00 11,210 00 34 Li8T and Siimmaiy of tho ClninriH for ComponHation, Sio.—Vontinutd, "MIXNIK." fS.izcil liy r.H.H. " Uicluiril KihIi,' ritli .Inly, INSll.) For I'-MI nUills >l'izM| lllllllllCl' of WlU'll (iim.s ami hikwiim si'izcd . . . lii'Kiil iirid iitlicr i\|iciii((>«. Clfti III (if (iwiicr, with iiitiicHt lit 7 |mt cent to dati' iif puyiiiiMit , Villi unit iif I'laiiii UH iiiit /oiuiiid liy owiiri', * ct«. .'(..'IIH) (Nl 1*J,7">'J IM) UN (Ml LVil) (Ml lll,4li(l (HI "('ATHFINDKK.' [Seized by U.S.H. "TIioiiuih Corwin," 27th Maixli, 1H!I(|.| H.MZMrc and ddte-iitioii from 27tli March, 1800. to 2Hth Ararc:li, 1890 2 nrwi nn Cliiiiii of owiiiT. with iiitereHt at 7 [ler cent to datf of payment "■'■"..'.'.'.'..'.'.'.'.'.'. .\ 2 00(1 W I'KKHONAL CLAIMS I'OR l««0. Claimed by llavid Ahxirc, iiiHHtrr of " Onward " MiirKoticli, mate of " Onwaril " . Hini« ( iuttoriii.sfii, iiiasti'r of " Tluiniton ' Harry Xorinan, iiiati' of " Tliorntoii.", , . . .Ian. OKilvir, iiuisti-r ot " Oarolena ' ifas. Hiacli, mate of " Carolina " Total for lf<8(i. For Illegal aiTLMt and inipriHonmiiit (1(1 do il" do do di, do do do do Amount claimed. 1,00(1 2,500 4,(MI0 2,500 2,500 2,600 18,(K)0 PERSONAL CLAIMS FOR W87. •J. 1). Warren, master of " Dol|)liin '' . .r ilin Riely, mat., of "I)olphiu ■' (.eoiffe P. Kerey, nianter of " W. ]'. Say ward ".. A. H. Laing, mate of " W. P, Sayward'" Louis Ol.sen, luaHter of " Anna liiVk '' Micliael Keefe, mate of Anna lieck W. I'etit. nia.ster of " (irate " C. A. Limdberg, mate of " Ada " .'. Total for 1887 Total for \HH(i and 18S7 To be added to 1880, iierwmal claims Captain (Jaudin, of " Ada." Amended total 1SS6 and 1S87 iSutrerings and loHMes navigating ve.ssels from l^nalaHUa to Sitka, d" do do do do do do do do do do do do do four 2,(i35 1,000 2,(MI0 1,000 2,000 1,000 2,000 2,(KM) 13.«36 ;ti,(inr) ;),o()o 34,635 luetl. AllKillllt lif eluiiii UM iiiit forwaril i>y owiii'r. « CtK. n,m) (H» tIS IH) u\,mt (M) 2,n(N) 7 27,NI13 01 10,201 ai\ 2)1,518 (M) 20.43:1 IM) 10, 251) (K) 13,035 II) Total. >!t!K»,4no 37 I4,0!I5 IM) 20,705 00 10,074 IH) 17, 1H5 IH) 17.170 00 O.l'.IH (Ml ir>,40i) 00 11,210 IH) 20,5,I)!I8 11 132,003 IK) 2,000 00 430,101 48 02,817 12 TOTAL. 1880. Vensels ^y,^,„, ,,, ,«wT l;>-Honal claimM IX.ikmi 01 1887. Vessels 00 101, 103 11 Peisonal elainis ,;{,;;,_-, ,„, vessels I'V llli'UH) 1890. VHHseis ::::..;; -Ivmiooo 1889. W. p. Say ward costs. Total K.xtra for .Tuauita Kxtra for P.lack Diamond (1880). Kxtra for Ada 430,101 48 02,847 12 502,IK)8 00 3,002 00 7,500 m 3,0IM) 00 Henriet^::'^':::;;;::;::::::.::::::::::::::::::-::::::::::::::::::;::::::::::::;::::;;:: ^g^"^ Amended total. 542 9 20 In addition to tho above, claimn have been filed in respect of the BealinK schooners "Winnifrcd," seized in 1891 under tho modus vivendi, and not handed over to British authority ; "Wanderer," for abandonment of voyages in 1887 and 1889, fearing seizure; and "Oscar and Ilattie," seized at Attou Island in 1892. H 30 THE MODUS VIVENDI CLAIJIS. Last Hprii.^r tlio (ioj)urttnont roceivod a formal petition from the owners of cer- tain sealing Hchoonern, |)niyinf,' lor compensation on account of losses incurred by being prevented Crotn carrying on the occupation of pelagic sealing in Behrinir Soa during '.licytnirH 18!)1, ]8!)L^ and 181)8. . In order to airurd a proper understanding of this branch of the question and tor convenient reference, a review of the circumstances connected with the modus Vivendi in HohringSen, in so far as it aftecls the claims advanced, may bo of interest. tor the purpose, of avoiding irritating differences and to promote a Iriendly settlement of the (|ueHtioiis arising out of the Eehring Sea seizures, pending bet- ween IJor Majesty's (Jovornment and that of the United States, a modus vwe.ndi was agreed to between those two governments on the 5lh JiiiMi 1M:)1. by which Her ALijesty's Government on.'aged to prohibit unti May 1S1I2, the killing of fur-seals within that portion of the Behring Sea, lying to the oast or American side of the lino of demarcation laid down in the treaty ot cession of 18(17, Ix^tween Russia and the United States ; and to use prompt ettorts to ensure the probibilion. The United States on the other hand, engaged to prohibit, during the same perioii. ihe killing of seals by the loshccs of Piibylov Islands, beyond the' number of 7,500. •' This arrangement involved the expulsion of all British sealing vessels found in Hehrmg Sea on the American side, ami their seizure if I'bund there after warning. i riorlothedaleofsignatiire of the modus vivendi, loth Juno, the sealing fleet had cleared ior the North Pacific Ocean and Behring Sea as usual, as no molestations had taken place in that sea during the previous year. A fleet of 48 vessels had cleared from Victoria previoiiN to 15th May. Under such circumstances, strong pro- tests were received from all parties interested in the sealing industry, and Vepre- sentations were made against the prohibition of a hitherto legitimate business without any notihcation whatever of the intention of taking such' a step. New yes^els had embarked in the enterprise and others had been built and equipped in anticipation of piotilable icHiilts. The Caiiadiim (iovernment contended at the time of the arrangement that com- pensation should be given the sealers, who might be jireventedfrom proseeutiii"- their vocation, especially as Canada did not possess the moans at the late date of giving warning to the sealers. The Imjierial Government authorized an answer to bo given to the protests that while it was thought tbat the total cessation of sealing in Behrii-.r Sea would greatly enhance the value of the products of the coast fishery, it was not an- ticipated that ihc scalers would suiter to any great exiont by exclusion from Behring Sea. They would, however, bo prepared to consider any case in which it was clearly established that direct loss had been suffered by a British subject through the enforcement of the prohibition against sealing in the Behring Sea ' Claims were accordingly filed on behalf of the owners of the several vessels engaged in the sealing industry. A commissionor, appointed by Her Majesty's Government, was accompanied to Canada by a claims adjuster, and proceeded to Victoria, where the adjustment of claims was made. The awards aggregated $100,234; sixteen claims were rejected and twenty-five were reduced and paid. prior to dale of expiry. About the middle of March, telegraphic notification reached the Canadian Government that as a settlement of the question had been agreed upon by arbi- tration, proposals had been made for intermediate regulations "restraining the catch vnovs of cer- incurred by Jehriiiir Sea, uostion and I tho modus ) of iiUGies Koyernme.it, by not pressin^r ,he point at the time, relieved the other o ho reHp,msib,iilyof providini; recompense formally stipulated for Tl e v al d tv o he churns as chums, did not appear ti be atfected, beyond shi t n .' the rei f bihty su.co the clannan.8 themselves had not withdrawn them ^ -tsponsi- he provision for compensation for the temporary relincaiishmont of the vurUt onto i,?; ' r"'""'" ""•<^"'^""<' "ODsiderable consideration r orT a deci'io,^ enter into such an aj^n'cemcnt, and it was not thou;.-ht that the fa i tl ft « ■ U were successful in the exploitation of certain other lo« it haJ my' irect b^S It s impossible 1,1 these circumstances, to admit that any claim to compensiUion can the announcement of the modus vivendi nsnory, pnor to vessdL' werrabio V^! "f ^ '^'^'^^"'^ ""'^^^ ^^" ^^^n^nnO. the owners of sealing vessus weio able to transfer operations to other parts of the Pacific wh«r» ;? able nd UH ?v i .' in s i? ' ^^'" "f^'^-'-'-^ry to prevent the extinction of a p.^ofit- aucindusuy. And in such circumstances the regret of Her Ma iestv's Govern ment was expressed at being unable to comply with^he prayer of the pltJtlon THE CLAIMS OF 1891. The distribution Of the British Award in respect of the claims of 1891 had h««„ been sVt^s/acUH.v' anlf thrf° ^"''^V^^'" '"^ ''^'''.^'^" '"''-'''^^ '"^''^ ^^ ^he claimants have GW difficni contention or dispute of any kind has arisen. L.nnn ri^h?, ^^^ ^ the different vessels in 1801. Some of them were found in Japan, China, Nova bcotia, Newfoundland and England nn,. li "'"'J".''"'«"cc of unpaid claims remained at the beginning of the nresent vear and ll..rMM,esty's Government was asked whether an immedhiVe sur Si of tl e ri;Tto.iv„^-'""'r^-^°''''^ \' ™"^«' or whether my Lords S t "CL, ry pr^. vi r. iv • '•""" ''""' "f '"'''"'^ ^^'^ '''^'^'' "^'' «'"•'" «'^"»'d expire. ToThi^ZeT 8qVn,b T IT'""'!'';." '""'^'' "«"''^«- ""'^ the following notice was in Maroh 1895, published, fixing the date at Slst March, 1896. "^ ^ a , in marcn. 39 intention 3nted from te roiisons, ^e therefor, 'ould cauHo rnpeiluil to •c involved •ution. ' an action of assess- 1 llie otlier le validity ix'sponsi- f the right iecisioii to at sealers it l)Parin^ irintr Sea. out to the hery, and sa'iion can le absence , properly , prior to of sealing where it il as they ictions on f a protit- i Govern- ition. had been 5 and the and the jiaimants of these mts have hunters found in mt year, r of the ury pre- ^ a reply 1 March, iiM N'ivc iMf ll !■ •! f tlii^ ti Ml Mlmrc lit (III' ( (■i\('il (I ard of inlj in l.iiii (if riu; for ill tlie 'ii.stdin r 11)11- Xotiou is hereby given tliat of tiie iiiiKiunt allotted to luiiiteix iiml ^.l .iineii in Her I5ritannic Majesty's ( loverninent, as eoiii)ieii.satioii for loss in res|)iMi, of ilir M(,i| I'.ehiing Sea (luring ISdl, a balance of tlie sum allotted to liuiitcrs and sciinicn on In the vessels, whose elaiins have not yet been ])reseiite(l, remains nn|iaid. The Lords Cominissioncrs of her Majesty's Treasury have granted an exli'iiNJon n reeeiving claims from the hunters and seamen on lay (or their legal reiiresenativeH) coin|)ensation, u)) to the ."ilst day of March, ISDIi. All outstanding idainis must, therefore, be sent to the Collector of CiisIoiiih, House at Victoria, liritisli Columbia, on or before that date, and no claims w ill be rc< sidered thereafter." PROPOSALS FOR CHANGES IN THE AWARD REOIIbATIONH, The result of the pelagic sealing operations of 1894, the first yciii' of the appli- cation of the award regulations, proved in point of number of HJciriH (iiUcn more successful than during any previous year since the boginningof the (.'nniidian industry. The success of the operation of the Canadian sealers, in the face of the restrict- ions imposed upon them by the award, was vie.ved by the United Htutes authorities with alarm. It appears that the regulations were considered by everybody concorned in tlie conduct of the arbitration to be very effectual, and indeed in some ((iiarterH il was contended that they were unduly prohibitory. In the United States Senate Executive Document, No. (i7, ft.'ird < Ningress, .'Jrd Session, will be found many opinions on them, from a United States poini? of view given at the conclusion of the labours of the arbitratois, anil apparenily the unani- mous views of the represetitative authorities of the United States, who were con- versant with every detail of the question up to the event of arbitration, are therein shown to be quite pronounced as to their completeness and effoctivonosH in crippling the industry of pelagic sealing. The opinions were ventured that their effect would be to virtually prohibit pelagic sealing in Behring Sea, and to any injurious extent in the North Pacific Ocean ; that the number of seals tak( i would not be great enough l<> endanger the existence of the herd, or seriously to in.erfere with the profits of the industry on the Pribylov Islands ; that they must render the business of such little profit that it would not be worth pursuing ; that the more the logical and nccessarv results of an enforcement of the regulations as decreed were considered, the more Convincing it became that profitable pelagic furseal fishing would be inconsiisteni therewith. Holding these views on the subject, the United States represeiitntives are fur- ther shown, in the correspondence contained in the document above cited, to bo very pronounced in their advocacy of expeditiously etfecting a code of regulations which was regarded as amply ett'ective in the establishment of a new condition of affairs, calculated to discourage the industry by rendering the continuance of its pro.ecu tion insufliciently lucrative. The experience, however, of the one year's operations, was sufficient to cause an entire reversal of opinion in the United States, as to the adequacy of the award regulations. They are staled to be wholly unequal to a proper protection of the seals, and the facts disclosed by the events of 1894, are said to declare that they do not secure that protection and conservation for the seal herds which was credilod to them, or which they were designed to provide, and the total extermination of the seal herds is predicted as an evil within measurable distance. Spears, which were held to bo practically harmless in the beginning of the controversy, when compared with fire-arms, are now regarded as most deadly, and infinitely more destructive to seal life than the latter implements. Thus the conditions and tests of many years are wholly reversed by the short experience of one season of the award regul.ttions, and a rctpiest is advanced (o Her Majesty's Government for an immediate reconsideration of findings of the Paris Tri- bunal, providing restrictions upon sealing atsea, which of themselves provide for their reconsideration and modification after five years trial, if both parlios to the at ree- raent are convinced of such necessity. 4U Kxcr.i.i.KNcv ■<= season in the Xorth J'ae tic ().,ea ^ Hie ^n 1, n:! • v ' . '""'■;* ■"""' f T' ''"""« ""• ""■^■«'--"t 8h.l.,H.,l in Japanese an.l Knssian ports no b io , l' ^'^"■^■f" l''-^*""^'^"-^ 'f ■^'retlwu/tl ^o tn, ,.H "/"■'"";« '"^7 "' ''^"l Ul.o last year the se. of the Xorth I'aeifir this seas,!., ^'"' '""'K ""' t'""' >'">nths on the An,encan side con Jile^r;';:!'?;^.:;;-:;;-,;:;, t^r^$.j2^z:;:i.]'T ''- -'rr" --' ^^-'- -"« "- «;ove,„n,ent, that the .eg.latir ns e, aeuTln M', I T ' ' ^'",""" f'"" t" <'OMvinee He,- Majesty's seal he„l tV,„M that ,lestn,etion w , t .■v\ ' e ,' le .o "i" "■*-' '""' ",>"■'''''"' '" !""'«'=' '"'« chu,,Kei,, the,eg,,lati,,,,shelu-,mdt lC,t ','„, f fM T'?"' '""' "'^" ""'^■«*' ^^ «P^'-'''v iible ,es,.l,, shonl.l, if possible l.i^'ve.te' ' ''"' """^'f'"" "* "'^' ''^■'''l -""st follow. S„el, a ,le,,lo,^ unite;^:i::::Xw';£iirZpi?L;!r::^f "-> ■>'" ^^''- -^ ti.e Japan have inte,ests, c.,M,,,,,e i^S 'a ,^ti, .orulir'^'u ':''''' "^ ""' ^"^' 'T'' = '^"^^''^ '">'' =s;K.a;;:;-:i:;tir-;t^;::i!'^^^^^^^^ .e.i^:LT;p;;-:Lr;i;:;^s';;%^E'^^^^^^^^ Presnient .leenis it advisable to sn.-.rest to K..> \ fi..?," , ' ' "V"''"' "'""''"' 'l"<^^«tions, the Russia an,; .Tapan. that a e,M,,„,iss,V,n be hk^^^^^ "'"' '" ""■ '^ovei.nnents of en,inent f.w seientifie lu,.nvle,Iu^a .^Jcti^ .V,',, i '''''^' "■ ["V"' T'"'' ""'' f"'"'" ^aei, eonnt.-y, the seal the he,-(l skins. a, I annual supply of the goven;:;;e;ur:rli.l:^i'^^r,,lnSm',^'' P''"''"^f"'- tl- e„nsi,le,-ation of yo,„. gov, to suggest that V, rin, iis eli'l - ;■ ' 'V;'""""""'^ "^ ■^"^•'' '' -■">""'is.sio,^ an.ll a follo^ts: '"'^f' """»« ■'-'^■'■'•'■■•at.ons, the ,.espective gove,-„,ne„ts agree np„n .. modu. rin..!/, a.s in.it;:ie";;i:n ti::^n:^;:^;:;;r t£ 'n^itz::"::!^!:^: 't ;' *■"' 'i""^-«f'" "^^-'^ -^ -'" whole of ,h,.lV.itie()eean, and wat" ,■'! of hI l ,!^.'"^^^^ ''"'■"'« \'"^ '^""'"'« ^™-"' i" H'e iH' absolutely p,.,hil,ite,l p;.,,.li,,,/ .'l': ' . ', 'L '!,"^ r.\.^.'':''':''.'^'''''''"''^' ^'''^t' ^''"'"'g '" ^eliring ,Sea absolutely p,'ohil,ite,l peiuling the ,epo,t of such",-o,n,ni.ssion crations must eitho • 0^' S'ut.dv ^ i^n ff ' have no rights, and tl.at there op- ed and re«tri cterb^iH be a SJS^^^^^^ T'T" r^'^'''^ ^y law, c,r .o hampo?- forced withdrawal of thr^ankyptntr' ' ^"''"'"'^ must cea«e through the mate industry by the Paris Tribunal *'^^'^'"^'«''^'o» of pelagic sealing asalegiti- mate^crtoi^;\.lle''oHH''k not'^r'^S'"'; ""^''^* ''•'^'^ ^^■'^«"' ^' P<^'«gi« ««^li«g a legiti- Its ch, etT has b . n .V litSv "^ZTT T-^.^^'l'' '^' Presentlimo afi'se. tHoseothS^i.;K: i::;^brK^^':rs^t^ S^rsr:^^ i^;;ii'^i^ 41 cited, will 5tate, Mr, .-, 1895, in i Nliiiis, and skins tniiiM- ited in the a, iilllioiigli killed .SI,. ill' tlic sea lericHU side thought, cannot in any instance on record be attributed to the much Ichs objection- able and more Hportsman-liiio method of hunting seals in liie open ocean, whore their chanceH of escape are so much greater If then it is an industry which may be lawfully and peacefully pursued by British subjects, it is not clear by what reasoning Her Majesty's Crovernment can be expected to proscribe thoir participation in it, merely because by their competi- tion they may interfere with, or materially impair, the interests of such nations or •iheir lessees as may have the advantage of owning the land upon which the seals, for a certain period of the year, are under their protection or at ihoir mercy. A tribunal composed of seven eminent jurisconsults, selected from five of the groat nations of the world, has confirmed the view that pelagic sealing is a legitimate enterprise, and that those interested therein may ply their callini; under' certain specitiea restrictions, but it is expected to enlist tho aid of Great Britain to prevent Bi'itish subjects from enjoying rights secured by arbitration in the face of great trouble and expense. This decision and the regulations were the result of mature thought, deliber- ation and consideration, arrived at after full and complete examination of 'the most exhaustive and ett'ective argument and presentments against pelagic sealing, that it was possible for the United States government to collect and classify, in a period of time extending over about eight years. That the question of seal life involving as it did the international regulations, was included for the consideration of tho tribunal, was wholly due to the United States government. Tho Canadian government earnestly endeavoured to keep that question out of the realm of arbitration, seeking a decision on that of right alone, which was raised by the action of the United States government in respect of British ships on the high seas. It should not be forgotten that tho whole question owes its origin to the pro- mulgation and adoption by tho United States government, of an exceptional policy with regard to certain comparatively prescribed waters in Behrinir Sea, and in the interests of tho lessees of the sealing privileges of the Pribylov Islands. Nothing was claimed or even suggested'at the time, beyond the etfeotual expul- sion of all sealing vessels from the waters of Behring Sea. This was the full measure of the claim of the United States government. The objections to pelagic .-ealing, outside that area, were unformed and dovelo|)ed only in proportion to tho growth of the industry, and the production of skins available for competition in the markets of tho world. By the timethedecisionofthoParisTribunal was reached, the restrictions imposed upon the ocean sealing industry had assumed most ponderous proportions, so much so that there wore those directly interested in the business, who despaired of being able to continue participating in a venture which held tho investment of ' Mr all, while as has beer, shown, their opinion in this respect svas shared by those inter- ested in effecting a permanent cassation of the industry. The actual restrictions upon tho sealers, dictated by the Paris Regulations may be sumraued up thus : - o j The sealing season is restricted to about six weeks in Behring Soa, and the use of fire-arms in hunting is forbidden therein, while the sealers are debarred from approach- ing nearer to the Pribylov Islands, than GO miles. A protection area is established in the open ocean, embracing a huge water area of say 2,000 miles from north to south, and a like distance from east to west, or in other words, tho whole of the waters of the North Pacific Ocean which wash the shore of North America, wherein it is possible for a seal to be found, and from that shore across the ocean to the 180th meridian. Within this vast expanse, pelagic sealers are absolutely prohibited from taking sealsduring three of the best sealing months of the year, while during the rest of the time their operations arc restricted to certain methods. Every sealing vessel must carry a formal license, authorizing her to engage in the business, which she can obtain only upon the master satisfying tho collector of customs of the fitness and expertness of the hunters engaged for the voyage. 42 The vessel must likewise provide herself with und fly a flag distinctive of her character as a sealer. The^^e are the Hpecitic restrictions, absolute under the terms of the award from the ohservance of which it is neither expected nor sought by the sealers toboevemnt -tint they are in constant dan.irer of much further interference and disaster in no wnv warranted by the award regulations. > ' ".) The cxtiaordinary area over which the award applies, has induced le.nslation of an exceptional character, sanctioning interruption and search at sea which has al- ready resulted m the seizure of vessels, entirely innocent of even altenn)ted infrac- tions ot the law, and consequent breaking up of their voyages with attendant loss ana disaster. Thus a very substantial extension of the inhibitions is made possible and practi- cable, and taken on the whole it would indeed be difHcult to tind any other lotritimate industry subject to as rigorous and exceptionally comprehensive restrictions as are imposed upon this class of the community whose vocation is, of itself abnormallv hazardous both to life and property. ' •'' The subjects of Her Majesty in Canada, have yielded a loyal obedience to the regulations and the interferences which have taken place since the award have been considered by those interested to bo of a vexatious character, prompted by :;trict -md unwarranted interpretation of the scopeof the legislation and instructi-^nsthoreunder iliat the years operations resulted in an increased take of seal skins is not at all surprising, buch a condition might bo regarded as the natural outcome ot the growing experience of the sealers, which could not fail to increase their chances of success. Moreover, although Behring Sea was in 18!)4, reopened to operations, after a closure of three years by viodus v i vendi, tho exploitation of the Asiatic waters proved more remunerative than did that of those atfected by the award and situated on the AmeiMcan side of the 180lh meridian. II- it be assumed that the efficiency of the award regulations is to be determined entirely and outside all other considerations, by the extent to which they can be applied to the detriment of all others than the lessees of the seal islands or by the measure of their instrumentality in destroying the business of pelagic sealin'-- then an argument for • n immediate reconsideration of those regulations raav be admitted but as Ills, had .,e Parr, award resulted in a practical prohibition of that branch Of the industry, the Canadian sealers might as well have advocated the repeal of existing regulations and a return to unrestricted operations outside territorial jurisdiction. The position assumed is apparently opposed to the spirit and intention of the tieaty creating the arbitration, as well as the findings of the award itself; and the anticipated aestruction of the seal herds is an inference drawn from a presumption ot conditions impossible of demonstration by the experience of one season it IS by no means certain that the advocates of ocean sealing could not in their turn from past experience, show that the methods of the lessees of the sealintr pri- VI eges on the islands, are operating to the detriment of their rights and privileges established and regulated by the Paris award, as well as to the depletion of the seal herd. Jn fact this is a point which may fairly come up for consideration when the de^meTJi'J.tdirt''* ''^''""'" '^'^'"'^ roguiations is reached, if such a revision is It may also be worthy of mention that during theyear 1894 a fleet of 35 United states sealing vessels engaged in the industry of pelagic sealing Both parties to the arbitration would seem to be bound by treaty obligation to conform co hndings, designed and conceded to settle the difficulties which had arisen naiionrwhnl'^!'\V'''' T""!.^ be the efforts of the representatives of the different nations, who ent their valuable aid to oring about an adjustment of the question A perusal of the proposition fails to disclose any suggestion of restrictions on the operations on the is ands. Pelagic sealing alone is^'to be investigated by the proposed commission, and while it is contemplated to make the award regulations ettective fron^ America to Asia, with the additional absolute prohibition of sealing in liehring boa, the operations on the islands may proceed, and Her Majesty's 43 Governmont is invited to asHist throe po\VL>rH, jointly intereHtod in HupproHsing peliigic scalini:, which Biitinh Milijecta may lawfully pursue with profit to theinsolves and credit to the flag under which the precarious caJlini,' i^ conducted. In the lii^htof all the circurnHtance.s, and especially considorinj,' the followinL' paragra])h of the award itself: — "The said concurrent rei^ulations shall he submitted every five years to a now examination, i-o as to enable both interested f^'ovornments to consider' whether in the light of the past experience, there is occasion for any modification thereof." It would not seem that sufacioni ground ha.s been advanced warranting any action in the direction sought. As to the inclusion of Japan and Russia, in a convention of the nature propnHod, it is obvious that such a proposition must fail to meet with favour in (Canada, since it contemplates the reference of British interests, mainly Canadian, to the considera- tion of a commission composed of representatives from four nations in which the joint interests of three ot them must necessarily bo opposed to those of the other nation wholly at variance therewith. Moreover, both Russia and Japan had the option of accepting the joint invita- tion of Great Britain and the United States, to give adherence to the regui' ;ions us laid down by the award, as shown in the report of last \ear, at page 146", under the heading " Identic Note." Her Majesty's (xovornment has already effected an agreement with Russia, providing protective zones around the Russian seal island's and along the Russian shores, based upon a proposal from Russia herself, which has been renewed during the past two years, anii which has apparently worked satisfactorily. Nevertheless, both Her Majesty's Government and Canada have invariably evinced every desire to aid in a reasonable and impartial inquiry into the question of both land and ocean sealing, to augment the information in" possession of all parties on the different branches of the industry, and on seal life generally. PART II— AGREEMENT BETWEEN GREAT BRITAIN AND RUSSIA IN RESPECT OF THE SEAL FISHERIES IN THIO NORTH PACIFIC OCEAN. In the report for the year 1894, under the heading " pelagic fur-sealing," p. civ., the agreement entered into between Great Britain and Russia was treated, and the legislation provided, " Seal Fishery (North Pacific) Act, 1893," 5C Victoria, chapter 23, was quoted at p. clxiii. Thereportfor 1894 continued the subsequent phases of the question, embracing the renewal of the agreement, the necessary Imperial Order in Councl, and the events arising out of the application of the arrangement. Some remarks upon .,he practical effects of the legislation in its applicability to the British sailing fleet wore also made. THE ACT AS AMENDED. As the Act of 1893 expired on Ist July, 1895, it became necessary to provide legislation continuing the agreement with Russia. The existing Act was, therefore, repealed and re-enacted with amendments, on the 27th June, 1895. The text of this Act is as follows, and it provides for its continuance in force until 3l8t December, 1897 :— 58-,-)9 VIC, CHAP. 21. An Aot to provide for proliiljitiii.L' tin; ciitclnnjj; of Spals at ■■ertiUii peiioila in Ikhnnu' Scii und other piirts of tlio I'acitic Ocean adjacent to IJeliring Sea, and for regulating the .-^eal I'isliericH in tliose seas,— 27th .June, 189.'). Wliereas it is expedient to repeal tiie Seal Fishery (Xortli Pacific) .\ct, ISH.S, and to re-(!i\act it wit!) amendments : 44 l!f it th,.,-,.f,„^. .Maitcl l.y ti„. (/ueeiiV w.,M KxclKul MiijoHty, by aixl witli the advice an.l c It i.t the Konls S|.inlii,,l ami 1 (■Mii.,.ial, mm.! C.mmikius, in tliin present I'arliaiMent a««eml,le(l, .1 the authiiiily of iIk' same, an t';n()\VM : on- aiiil kill used or em- sent I'y in the Onle , the eatehinu ot seals hy IJritlsli ships 111 sueh parts .,f the sea8 to whieh his Aet a.iplios a*" are speiihed 111 the (hiler. >v i. seas sjieciried in ;lie Order ; and ('/) a .ritlsh ship shall not, nor shall any of the eiiuipmeiit or crew thereof he ployed 111 such killing', takinu, hiintinj;, or attempt. a.) If there is any .■onlraveution of this section, any person cominitlinK, lUocuriuK, aidiuL' or ahcttm- such c.ai raventu.n shall he yuilty ot ,1 mi.s.lena.an.air within the na'aiiin^ of the Merchant Miippini; Act, IS!»|, and the ship and her ecpiipme.it and cv(Mythiii<{ on hoard thereof ject to forfeiture to Her Majesty. 2. <•• Her .\lajesly tiie (^iieen may by Order in Conneil make, as respects such parts of the seas to which this Act applies as are speciticd 111 the Order, reKiilatioiis- (a) for entering 111 tin ollicial lo„' of a ship particular of seals, an (li) for regulatiii},' the 1111111111.' ami takii shall he suh- i|) particulars respecting the hunting, killing and taking therein of any paiti<'ular kind ( .f lis, wit 1 power to prohibit or resitri((t the use implements, my person who (•ommitted, jiroeure 1, vessels, methods or any siicli regulation liable^ to a line nit exceeding one hundieil poun'ds for the entry of particulars in the ollicial log 1.S!I4, with reference tootiicial h>gs (including ' in seal fishing w itliin such of the seas to ecovered in like maimer as if it (1 (2.) If there is any colli ravention of aideil or abetted such coiilia\ eiiiiou .shall lit. (.'i.l If the regulations under this section pro\id( of u .ship, the |irovisi(,iiH of the Merchant .Shipping A the penal jirovisions), shall ajiply to every ship engage^ which this .Vet applies as ar<' s|)ecilled in the Order," 3. (1.) Any olfence or line under this .\ct may be [irosecuted or re were an olfeiua^ or fine under the Merchant .Shipping Act, 18114. ,.,.'-•! .'''"'.' ""\'"''■^"'."''/'^"'^; f"if''t'iie of any ship under this Act. section seventy-six of the .Mer- cliunt snipping Act, IS!(4. shall apply. l,a„i'^' ^^'1':'''' '"^V '•'''i''''i««ionLMl ,,tiiccr .,n full pay in the naval .service of Her .Majesty the Queen as e, .sonahle cause to he leve that during the ,.erio,l ami in the seas speciKed in an Order in Council nnilei this .Vet any Kriti.sh ship has been used or cmployeil in contravention of this Vet, or of any regulatum made tlierennder. he may stop and examine her, and detain her or any portion of her e(|Uii)nient or any of her crew, and may .seize the ship's certiticate of re.'istry tl.is 'M , "' ""'y.";^' ','"" ''^'"'^ "" arrangement with any foreign State, aii Order in Council under his Act may provide that the powers umler this Act of such commi.s.smied othcer may, subiect lo any iinitalion.s, .•omhiions modihcati.uis and excepthms specified in tli,. Order, be exerci.sed in relation to a IJritisJi .sliip ;,i„l ilii, e.piipment, crew and certificate thereof by such ollicers of the said foreiun P,cv-' "n l"!'' "'"'^''r''' "'/^' "'■"^'•' '!'■."! '•'^'■^ti"" t"'-^ «l'i|' "f til --iud foreign State ami the e,,uipn.e.it crew and papers thereof by such liritish olHcers ,is are specilied in the Order. 4.^(1.) Where an ollicer has power under this Act to sei/.e a ship's certifieate of registry, he uiay, subject to the directions of an Order in Council under this Act, either retain the certificate iuid give a provisional eertuieate in lieu thereof, or return the certiHcale with an endor.semcnt of the foZ'n?rr'li? f 1/' T "^"■"'' = ""I'l"' '^'thoi- case may, if the shi,. a,,pears t.i him to be liable to toitciture, d lect the ship, ,y an additum to the pr.ivisional certificate <,r t,. the emlor.sement, to piocee.l forthwith to a sjieci lied port, being a jKirt « here there is a liritish court having authority to adjudicate m the matter, and if this direction is not complied with, the owner and master of the .sliii. shall, witliout preju.hce t.. any other liability, each be liable to a line not excee.ling one hnmlred (•_>.) Where in i)iirsuance of this section a provisional certificate is given to a ship, or the shin's cor tihcate i.s cm hu-sed, any officer of customs in Her Majesty's dominions or liritish consular oHiier her apjieurance in any legal cert may detain the shi)), antil .satisfactory securily is gi\ en for which may be taken against her in pursuance of this Act. A statement in writing, purp.irting to be signed l.y an officer having power in pursuance ami exainine a sliip, as to the circumstances under which or grounds on which he ' ■'" ' ' '" i"iy I'l'oeeedings, civil or criminal, as evidence jiroeeedings 5.--(l) of this -Act to stop i stopped and examined the ship, shaUbe admissible of the facts la- matters therein stated. nuJ'' I "^ l:',''''""."' '■'•I'ti''"',''! i" '">y «'i''li statement was taken on oath in the presence of the person chaiged 111 the evidence, and that ,.erson had an opportunity of cross-examining the person giving le evi.lcuce and of making his reply to the evidence, the olhcer making the .statement may certify that the exidence was .so taken, and that there was such opportunity as aforesaid. tl.i, A,7; , ; I ?'' ^'■'^'-'.'.V the <.)ueen jn Council may make, rev<,ke and dter Orders for the purpose of t us Act. ami e ery .siicn Onler shall be forthwith laid before both Housesof Parliament and published {•2.) Any such ()r,ler may contain any limitations, conditions, modifications and exceptions, which appear to Her Majesty in ( oniicil expedient for carrying into effect the object of this Act. 7.--(l). 1 hia .\cl shal apply to the animal known as (he fur seal, and to any marine animal spec. tie, in that behalf by an Order in Council un.ler this Act, and the expression "seal" n 1 is Act shall be construed accordingly. "^ kill nv 111' fill- 45 (•2.) Tliis Alt hIhiII iijiply to the schh witliin llmt part of the I'ncifii' Oociiii kmiwn mh l!.hriiij;>< Sfii, iiikI within hiuIi ntlii r parts of tlic I'aoilir Ocean a» a.c north of the foity-Ni'iionil parallel of north latitiiih', anil shall he in addition to and not in dcrouali.-n of the provisions of the richriiiL' Soa Awai-.l Act, \S'M. *" (■').) 'I'hc expression " i(|nipnii"nl " in this Aet includes any hoat, tackle, lishinj; or shooiinj^r iiistrMnients, and other things hclonj,'inn to a ship. (4.) 'rids Act may lie .'ited as the Seal Fisheries (N'orth I'acilic) Act, lS!t.'.. (.V) 'I'he Scid Fishery (North I'acilic) Act, ISiCt, is herehy repealeil as fi'oin the jjassinj,' of this Act, hut shall h hereinafter specilied may he seized hy Russian crni:a'r.s : .And whereas Her Majesty was )ileased, hy and with the advice of Her Privy Council, on the •J4tli ilay of .August, ISO.'), to make an Order in Couneil as a l'rnri4oiinl Order within the nieanini' of the Rules J'uhlication Aet, IS!)."); .Anil whereas the pro\ isions of the Rules Puhli^ation Act, WXA. have heen complied with ; Now, therefore, Her Majesty, in virtue of the i)iiwer.s vested in Her liy the said lirst recited .Aet, and of all other jxiwers enabling her in that hehalf, is hereliy pleased, hy and with the ailvii^e of Her Privy Coinieil, to order, and it is hereby ordered as follows : - 1. From and after the date of the present Order, \intil Her .Majesty in ( 'ouncil shall otherwise direct, the catching of seals by Rritish ships is hereby prohibited within such i)aits of the seas to which the recited Act applies as are conii)rised within the following zone (in this Order referred to as "the prohibited zone''), that is to say :~- (I.) .A zone of ten nuirine miles on all the Russian coasts, liehring Sea anil the \orlh Pacific Ocean ; and (■_'.) A zone of thirty marine miles round Kormamlorsky Ishuids and Tulenew (Ro))hen Island). 2. 'I'he ))owers under the recited Aet of a couninssioned officer on full pay in the Naval Service of Her Majesty may be exercised in relation to a British shi)), ami the eipupment, crinv, and certifi- cate thereof, by the captain or other otHcer in eoinmand of any war vessel of His Majesty tiie Kmpoior of Russia (hereinafter referred to as an " authorized Russian officer "), but subject to the limitations, conditions, modifications and exceptions following, that is to say ; — ( 1 . ) The said power.s shall not be exercised by an authorized Russian officer, except in relation to liritish shijjs engaged in hunting seals witiun either of the prohibited zones. (2.) -A Rritish ship shall not be liable to seizure or detention by an authorized Russian officer by reason of the contravention of any regnlations made under section 'i of the recited Act. (H. ) The powers under section '.i of the recited Aet of detaiidng any portion of the equipment or any of the crew, ami the power.i under section i, of giving a, provisional certificate in lieu of u, siiip's certificate which is seized and retained, or of endorsing on a certificate the grounds on which it was seized, and of directing the ship to proceed forthwith to a specified port, shall not be exercised in relation to a British ship by an authorized Russian officer. 46 (4.) WliiMo iin iUilliDj izcd HiiHsiiiii ulliiii ill cvtTi'itii" iif flu. Mni.l •.,,•. ....^ . i . . le V,.,. .,|.,ni,i.i,„t ,li.. ....,„;.,„., ,.„ t,,.. ,H,.. „„ ,,.. ,i,„„,, ,„ ,,,^ ,!„„„„.,„|i ^'. , : , ' / ^i Y, cniisei', (ir to llu' iMvir.'sl r.iitisli uiit Kiiity, as ilcliiitil hv tliin ( )|(1it .i.wI 1,-,iiiI. "iintli rj.,.«o.iui,u. tin,. tii..„.,.ft..i.. .itisfy s,.,.,i ,..il,.,. .„• luuhonl . th:,'!;;!;:': , , ;; ";,.:;^ ■;;; tlii'(l.-t.iitioii nr sci/iiiv I tliul tl... CIS., is pn.iH.r to b.. i.,lj,i,li,,,|,..I in i I'.ii.UI , t' i rniiisl.tosnel,o,li,..,WM.a,,tl,o|.itytluM.vi,!..|i,L:Hci.Mi,Jn,r'li i! ■' f^i,^'^^^^^^^^^ oi siKliu,!,,,;, , cation : 1,11,1 K the «ai,l Ku«.ia>. oMi,M.r fails to .sali'fy ,....h ..1110,^ r u lio .-,;. !:;S':l:i'::'i' si:-;: "■■ ""^'""'^^ -'"'■ """'• ''^"^ •-''•-^'= "^ "f----'- ^'- -^i "ni,:;' o;:':.;;^„:,;'i^ 3- (1.) W'licii; the Laimiianclihi' ollicor of a Mtiti.-h oniisL-i- ii>i'i.ii-..» u »i.;fi„i, i- c Heiziiie, anil that llie cane is piopor ti, he a.ljndicate,' ' " • ' ' i(liiij,dy. Mlnn'tV ' ^^''"■'^''"' '^^"""■y-'i'li'iK "theer of a liiit'ish eruiser, or a liiiti-h authority, receives a I'.ritish H li troi.u. a.ithon/eil Kiissian olheer. an-l sends the case for adjudicatioM in' , Mrilis i , i, tli^.u:^!z^Tx::u.:lr:::l{%;:' '-"^ ^'^■■^"'"" ^""""-^ •^-' '^''-'■- -■-• ;:l;':. 4. I'or the imrposes of this Order, the expression " British authority • means any .,llic..r of .mis ;;;;;::,;;! *£^''^"'^^y '* '''""""""^- '""' ""y '^"''^'' <"— i- ""-- '-i.^ .nthoriiy ^.j'td, "n all; 5. " The Seal Fishery (\orth I'acitic) Order in Council, I.SiM,' is herel.y revoked wiil,„nt il,- prepi hce to aiiytlnnf,' done or siiffercl under that order ""« "V itv ok( .1, witliont the 6. This Oruer may he cit,.,l as ;' The Seal l'isheri..s ( North Pacific) Onler in Conncil IS'I,", '■ And the Most Hononrahle the .'dar.iuess of Salislniry K ( ; md the l-!i„l,t H ,'""•"', r''''- ( ..mherlain, two of Her Majesty's .'rh^ipal Secretarle^^f^late 'iiUh^S d ' ( an;;: N^oi ^ 'i } tl... Adnuralty, arc to give the necessary directions herein as to then, respectively a|,peitai^' (Sgd.) ('. L. I'l'lKL. in a Ihitish court, he may exercise tin' ii.d himself stoppeil and exaiiiineil and < |)oWers I'tained THE ACTS OP 1893 AND 1895 COMPARED. ^;f^Tf^^°l'Zoo^ '1 -^^ ''*'^""' ''^"" exiimination of the amended Act, as compared with that of 1893 which constituted the fir.t legi«hilion under the Russian a^ee men t, originated that year. "u^suin ai,iet- r„«.fn r""*" ^' :•"• ^ ''"'^.."' 'T*^ paragraphs (a) and (6) re-enact without change cor- responding sections in the Act of 1893. ^uau^e, tui 3 ss ^r^'*'i' I'tur'/'ronl!!"" ^ 'T^ \'v ^"''^««t'°" ^ («) ^ *> 2 ^nd 3, as well as section tlie Act of 1893^ ^ additions, subsections 3, 4, 5 and of section 1, in Subsection 3 of Bcction 1, differs from the original Act in phrasooio-v but while meeting some of the Canadian suggestions omits subsections folio vrng and provides for them in different form by section 3.* '"wuifc ana f /^"',l?=';""\"^^ ^""^ misdemeanor within the Merchant Shipping Act of 1894 in- howll ' ' ^''•' "' '" ''' ^'' '" ''''• ^""'^ '« '-^'^ ^^PP-enrin^-dental nlcessuj, „l.,f innf 'if'n' T'^ "« ^"''sections 1, 2 and 3, are new. Thereby, the adoption of reg- ulations by Order in Council, is empowered, as to log records of huntin.' killin- and and rf T'^h"'^ '^' regulating, hunting and taking'of seals, with powe^ o p rh.b U and restr.c the use of any particular kind of vessel, method or implement w th n the North Pacific Ocean, north of the 42nd degree of north latitude ' Subsection 2 provides a penalty for contravention of any such regulations sim- ilar to that in the " Behring Sea Award Act 1894 " i-fei'iaiions sim shiJl'ulrTorn^^^^^^^ provisions) of the Merchant Shipping Act of 1894 (with reference to official logs), to every ship eniratred in the ?l'? the :r:,r;' ^'" '^' "?"%'" ^^^'^'^ /^^ ^^^ '-^P'^^'^^- '-^^ are^peciLd i"n fho 0"der! (If the regulations provide for such log entries). A similar provision as to the 47 Section 3, hh 1 and 2, provides for prosooution, of offence, fino iuul locovorv una forfoituro of .ship, iindor the MerchiintSiiippint,' Act of 18!)4. ThoMo subHoctions replace MK. :j ,,, Hcction I of tho Act of 1893, and are similar to the Bohrin- Sou Award Act, 1804. '^ Subsection A roplaces as. I of ncction 1 of the Act of 1893. Tho following ))rovido8 a compariwon ; MT UK iM!»;i. (4.) .\ny oniiriisMoiicl ..llirn- ,,„ f„ll pay in tlu: imval .nvhu. „f [In \U,\vMy tli,. (Jm.tm mIkiM Imvi. povyer, ,lunn« th. p.,,,,,! au,l n, tl... ....aH«p.,iti,.,l l.y t|„. (), dw. to,st,.p i„„l ..sanHne anv lirilisl, Hup,an,l t<.,k.uiMlirr „,■ any portK.n .,( Ii.t iMpiipnifnt, or any of lier ituvv, if /» lu^ jwl,n,„ „l H.i. ship i« liemg or i-< /irrpann:/ to lir usimI or nnploytil in conlrav.Milion of tliin seution. SI-IISTITITniN I'KoI'dSK.ri I'.V I'ANMIA. (7.) Any ronnni>Hion..l otlKTr .,„ fnll pay in the naval sfrvie.- of H.^r Majeslv the (.>M™n shall have power, . urn,, the peno,| an.l m the seas sperifuMl hy the Order to stop an.l exanmu, any liritish ship, an.l to iletain her or any portion ..t her equipniont, or imy of her ,rew, //•//„ ,/,/,, ,\ /„/„,, „„,/ or 'iii/ilni/iil III riiiifrariiilioit oj /hm ni.Hion. ' ' IMI'KKIAI, ACT iHil,'), INDKR KFVIKV. (;t.) Where any e.,minissione,l otlieer .,n full pay in the naval s,.rvi,eof Her Majeslv tlie (.h.een, hr.ru,..o,i,Mnni^. ,o l,,h,n- that ,h,nn« the perio.l an.l in tlie .seas speeitie.l in an Or.k.r n, Cm.n.i under tins Aet any liritish ship has been used or employed in eontr ivenlion of this A t or of aiiv regidatn.n made thereunder, he may .st..p and ..xamine her, and detain her, or any nor ion of her eiiuipment, .>r any of her eivw, and may .seiz.^ the ship's eertiliuate of registry." This clau.se, while not goin« to tho full extent of tho above suj^gested one yet maket! it nccoynary that tho officer shall have reasonable cause to believe that the vessel had been used and omplojed in contravention of the Act or regulations while it does not contemplate any preparation for tho oUbnce in the judqment of the officer. •" Subsection 4 of section 3 re-enacts in changed phraseology subsection 5 section 1 of tlie Act of 1893. but apparently does not change the intention or signifi- canco thereof. Hence it still continues the right of visit and search the principle of which has boon protested against. ' Sub.section fi of section 1 of tho Act of 1893, does not appear to be re-enacted nor IS there apparently any provision of a similar nature in the new Act This clause was as follows: — ((i.) If during the perioil and within the seas specified l.y the ord.ir, a British s-hip i„ f,,,,,,,! having on board thereof Irs uiig or shooting implements or seal-skiiia or ..o Mhould bo liable. Hiihuoctioti li of Hoclioii 4 re-oiiiictH sulwootion li ot'soition 2 of tho Act of iK!t'^ aH to cimtotnn and coriMular olHcora detaining' ship^, until mitixfufaory Heourit}' is ^ivoii '.() appear fur triiil. Section 5, Hti. 1 and 3 are identical witli Hoctioii ;i, hh. I and 2 of Act, of IHIi.'J an to ovidcnco by Mtatoinont in wrltini,' of an olflcoi- otnpoworod to Htop and oxarnin'o a Hhip, if taken on oath, in preHonce of the person char^od, under certain cii-cuinHtan- COM. Hod ion (5, MM. 1 and 2 are identical witli soction 4, mh. 1 and 2 of tho Act of 18!>3 an to tlio power of Hor Majesty in Council to rovoko and alter ordorn. and limit con- ditiunH, ami nnodify tho same, except that tho word ".'{, goes coiisidorably further, inasmuch as it takes jmwer to make OrdorH in Council provid- ing regulation-, which under the text of the ;igrcemont with Russia, the Act of 18!t3 or tho Orderw in Council thereunder, aro not in exiHtcnco; although regiilationH of a' similar nature obtain under tho " Behring Sea Award Act" of 18!t4,"illocting tho water area to which the award and its consequent legislation is applicable. The area atfroied by this Act is the same as by that of 1893, that is to say - All that part of the Pa( ific Ocean (including Behring Sea) as is north (d' thi^ Vjii,| narnllel of north latitude, from America to Asia. This includes all the area :itn'c~tod by tho Behring Sea ;iward, except a >trip on the southern limit between the i'ind and .iSth degrooKi4 north latitude, and compriHos the Pacific Ocean north ol a point oi)|K)site YesHO Mand, in Japan, on the Asiatic side, and of a point otf the ^tato ot' Oregon, in America. After takii g power to make these regulations (by Order in Council) the Act proceeds to provide machiner}' against any' broaches thereof, if such i. ^nilations are made. Tho offences under the Act are, therefore, dependent upon the Orders in Council which it empowers Ilor Majesty to make. ' The Act itself (subsection 5 of section 7) continues in force tho Order in Council under the Act of 189,^; but this does not atfoct tho power taken to make other substantive Orders in Council, of an entirely different and moro comprehensive nature. Tho contention has been, and still is, that tho agreement with Eussia does not call for any inhibitions beyond those in force in 18!)3, and that of tliomsolvos they were much more restrictive and comprehensive than a fair and reasonable intorpre- tfttionofthe agreement, in ihe light of the peculiar conditions of the industry de- manded. ' As the practical application of the Act, however, can only be judged from the Orders in Council made thereunder, reference is directed to tho Order in Council above qnot.od, Subsection 2 of section 2 rouds as follows: "A Hriti^!! .^hin ?;!■.;!'.! not b'' liable to seizure or detention by an authorized Russian officer by reasoti of a con- travention of any regulations made under section 2 of recited Act." In this respect 49 tho Act is thuH kept within tho Hcopo of tlio agroomont, and it is unfiorMtood thiit tho power tiikeri would bo iipplio.l moro i.urliculurly in liio diroctioii of coiloi'tirig iidor- mulion iirid Hlulistics upon tho soalin^ (|uontion gi'iu'rally. ThtiActthrou;,'iioutrtubrtliUitorttho MciThtiiil Shipping Act of IHOhiH appiiciiMo. for thorto of 18.')4 and 1H76, (iitod in I ho Act of 18'.»;{; tiio nocosnity for ihi-*, howovori in oljviouH. It may further ho ohHorvod thut tho Act of ia!);{, noction l.Hubsoction 4, author- ized tlio soizuro Ola vosmhI, etc., if in tho iudgrnenl of tho hoarding ntHcor, tii,' ship WUH lioing or preparing to bo used or employed in eontravorUion. ThiH, among other j)oints, formed the Huhjoct of protest on the part of tho Canadian (rovornmoni, and the piesontAct, if not wiiolly meeting tho objections in thJH rospoet, in necessitating on tlio part of the officer, reasoinii)io cau-o for itoliof tiiat tho vessel had l)oen so used or c;mpluyod l)oforo stoppiu,', examining or seizin" her, certainly concedes a very considerable point in that direction. The abHouce in tho Act of subsection 6 of section 1 of tho Act of 181)3, which provided a pmna facie case againut the vessel, and throw upon her ilio onm of proof of iunoconce, is very signilicant, and it would seem that, in thus shifting the responaibility of proof upon tho otluir Hide, perhaps one of tho most objectionable featurort in the Act of 18!);5, is greatly diminished. All tho vessels seized in IBIJ.'J— the "Maud S," "Ainoko," "Minnie" and "Arctic," hud thoii' soasons broken up without recourse, because of the prima facie case against them, notwithstanding all wubsoquently satisfied tho courts of their innooonc-j, except tlie " .Minnie," which vessel was comlomned merely through the absence of suificiont proof to discharge the presumption thus raised against her mere presence, in u locality where she had a riL'ht to bo, for other purposes than those prescribed in tho Act. The new Act, therefore, greatly lestricts the facilities for interference with British ships, in this connection, and, therefore, by comparison inures generally to their advantage. Tho second addition as cnntainod in ss. 1 of section 4, " if tho ship appears to him to be liable to forfeitur< , seems also to render tho Act moro favourable than was that of 1893. The right of visit and search over British vessels by foreign officers is continu- ed (SOC. 4, 88. 3), Thoprinoiplo involved in this concession to foreign powers has formed the subject 01 much representation. The fact that tho right is jointly conferredby each power upon tlie other, is not (under the peculiar circumstances obtaining) deemed a sufficient answer to the objections. It is impossible that reciprocal rights can be conveyed between Russia and Great Britain in respect of the pelagic sealing industry, since their intoreats in this matter are diametrically opposite. Owning seal islands, Russia's self interest is to compass tho prohibition of pelagic sealing, and to this end prohibits it by her own subjtcts. Where, then, is England to exercise any so-called reciprocal privilege? On the other hand, tho i.itorests of Groat Britain in tho catching of seals by her subjects, lies wholly in pelagic sealing, inasmuch as it is the only method by which they can participate in that branch of the industry, as she does not own rookeries. Hence, at the outset, the interests of the two countries in this respect are nece^isar- ily antagonistic. It is, therefore, easy to understand tliat while Russia might will- ingly concede powers to Great Britain to assist in policing their waters, to stamp out a practice (although legitimate) against Russian interests, Great Britain could not be actuated by the same reason to confer similar powers. Thus the position must of necessity be a one-sided one. Apparently, to go beyond the mere appearance of reciprocity, Russia would re- quire to throw open her operations on land to constant inquisitorial examination, ospionago und surveilianco by British roprosentativos, and even that concession could in no manner bo regarded as constituting an equivalent for the rights con- ferred upon Russians over British vessels on the high seas. 80 THE CLAIMS OP THE "WILLIE m'qoWAN " AND "ARIEL." The dcpartmontiil report for 1893, contained Iho text of the findincrs of the Eussian CommiHHion appi)intO(l to inquire into the Hoiziires by EuH-iirin luithorities in the vicinity of the IvornatidornUy iHJandH during 18!)2. ' In respoct of tlio "Willie Mc proceed to an assessment of the indemnity to be paid' to the owners of those two vessels. During the present year Her Majesty's government applied through the Canadian government, for such vouchers and documentary evidence as could bo obtained supporting the various items of the claims of the "Willie McGi)wan" and "Ariel," which had boon advanced, as the assessment thereof was about to be entered upon. This department immediately communicated with the parties interested in Nova Scotia and British Columbia, to the desired end, and a mass of material of the nature required for the OHtablishment of the different points involved has been for- warded for transmission to St. Petersburg. There is, therefore, reason to hope that before long some definite oflBcial intima- tion of the settlement of those claims may reach Canada. The seizure of the other vessels which occurred contemporaneously was main- tained by the commission, and is still the subject of diplomatic correspondence. Ottawa, 3l8t December 1895. R. N. VENNING.