338 ORAL ARGUMENT OF HON. EDWARD J. PHELPS. ' 



Observations. 



On looking at Table (a) we find that according to the 

 estimate of the United States Commissioners tlie "lierd" 

 in its natural condition ought to contain 3,500 young males 

 or young bulls over 5 years of age and under 7 years of 

 age (shown on the United States Diagram (A) by the 

 smaller green area). And we also see that in the natural 

 condition the number of adult males or bulls over 7 years 

 of age, called by the Commissioners "breeding bulls," ought 

 to be 13,620 (shown in the same Diagram by the yellow 

 area). 



In order to compare this state of things in the normal 

 healthy condition with the condition of things after "regu- 

 lated killing" is in continuous operation, we turn to Dia- 

 gram (C) and Table (c), when we find that the young bulls 

 are now reduced from 3,500 to 500, and that the breeding 

 bulls are reduced from 13,61*0 to 1,980. In other words, the 

 number of virile males available for the rookeries is less 

 than one sixth of 'what it was before. (This is irrespective 

 of the question whether some even of those which remain 

 have been injured by driving, or are for any other reason 

 unfit for service.) 



On looking at the Diagrams and comparing them, it is 

 clear that this enormous diminution of the breeding bulls 

 (so out of proportion to the yearly number of males killed, 

 viz., 2,100) is really due to the excessive killing of young 

 male life. This is especially shown by the rapid drop of 

 the curve on Diagram (C). 



It is asserted by the United States Commissioners that 

 the 1,980 bulls left, can fertilize the female cows as effec- 

 tively as 13,620. It seems hard to believe that, if this be 

 so. Nature should have created so many bulls to serve no 

 purpose, or that natural male life can be interfered with to 

 so large an extent without injuring the repi'oductive powers 

 of the "herd." 



2, It is also seen that if, out of a natural " herd " of 40,000 

 males, man kills on land each year 2,100 (that is about one- 

 twentieth of their number), the male "herd" gradually 

 declines, until, when equilibiium has again been reached, 

 the male " herd" is only about one-half its original size. 

 The land killing of a certain number of seals every year 

 produces, therefore, far more than a pro tanto reduction in 

 the size of the " herd". 

 United states 3^ i^ jg stated ou the part of the United States that every 



Argument p. 198. ,,,„,.i ', ,. ,, N 



death oi a lemale encroaches pro tanto upon the normal 

 numbers of the "herd," and if ])rosecuted to any consider- 

 able extent will lead to extermination. This is not cor- 

 rect. By the ^ro tanto diminution of the " herd " is meant 

 its reduction in a geometrical proportion, thus leading 

 to extinction. The error of this theory may be seen as 

 already stated, by noting that if it were true, the killing of 

 even one female a year above the natural proportion (as by 

 the permanent increase of the killer- whales by one extra 

 whale), would thus l€iad to extinction. But such a result 



