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27314.
PUBLIC RECORD OFFICE
C.O.885
Reference :-
16 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO
No. 165.
(CANADA).
LAW OFFICERS to FOREIGN OFFICE.
[Legislation in the United States and Russia to suspend for five years the killing of seals
on the Pribyloff and Commander Islands.]
SIR,
Law Officers' Department, June 27, 1913.
We were honoured with your commands signified in Sir Louis Mallet's letter of the 13th January last transmitting to us certain papers respecting recent legislation in the United States of America and Russia to suspend for a period of five years the killing of seals on the Pribyloff and Commander Islands.
That it would be seen that, although the Japanese Government had protested against the United States legislation in question, you had, after consideration of the circumstances, come to the conclusion that His Majesty's Government would appear to have no ground for protesting as of right against the suspension of the land-catch of seals proposed by the United States Government.
That the Board of Trade had, however, expressed the desire that we should be consulted as to whether this legislation could, in our opinion, be regarded as in conflict with the provisions of the treaty of the 7th July, 1911, in view of the fact that it tied the hands of the United States Administration for a definite period of years.
That you would, therefore, be glad to receive our report on this point, as on the similar point arising out of the Russian legislation in regard to the Commander Islands, and to be favoured with any observations of a general character that we might be good enough to offer.
We were further honoured with a letter from Sir Louis Mallet, dated the 7th February last, enclosing a letter from the Colonial Office containing a despatch from the Governor-General of Canada, together with a copy of an approved minute of the Privy Council of Canada, setting out the grounds on which the Canadian Government took exception to the prohibition of the killing of seals by the United States Government.
We have also to acknowledge the receipt of a memorandum from the Under- Secretary of State, dated the 22nd March last, enclosing a further letter from the Colonial Office, covering copies of a despatch from the Governor-General of Canada, and of a minute of the Privy Council of the Dominion setting forth their views upon the subject.
We have further to acknowledge the receipt of Sir Louis Mallet's letter of the 21st April last, enclosing copy of a memorandum by the Japanese Government, enquiring the views of His Majesty's Government on the question above referred to.
We have taken all the papers into our consideration, and, in obedience to your commands, have the honour to
Report
That, in our opinion, the legislation in the United States of America and Russia suspending for five years the killing of seals on the Pribyloff and Commander Islands is not in conflict with the provisions of the treaty of the 7th July, 1911. The treaty expressly reserves to both the United States and Russia power to restrict killing or to prohibit it altogether as may seem necessary to protect and preserve the seal herd or to increase its numbers, and an absolute prohibition for any period cannot be in conflict with the provisions of the treaty if the action of the country enacting it is a bona fide exercise of the discretion conferred by the treaty as above stated. to the contrary in the present case.
There is no evidence
The Rt. Hon. Sir Edward Grey,
Bart., K.G., M.P., &c., &c., &c ·
(81446-2.) Wt. 189-722, 25, 9/18, D & 2.
We have, &c.
RUFUS D. ISAACS. JOHN SIMON.