IV. 



OBSERVATIONS OF THE UNITED STATES COUNSEL 

 UPON THE PAPER SUBMITTED BY THE COUNSEL 

 FOR GREAT BRITAIN TO THE ARBITRATOR SINCE 

 THE CLOSE OF THE HEARING. 



The Agent of the United States has received notice from the Agent 

 of Great Britain of the submission of a new paper to the Arbitration. 



The paper is entitled "Observations upon the Tables put in by Mr. 

 Phelps on July 6, 1893". The paper therefore purports to be confined 

 to observations upon certain tables which the counsel for Great Britain 

 had not had previous opportunity of examining. This is apparently 

 designed as a defence, or apology, for the action, certainly irregular, 

 of submitting an argumentative paper after the hearing, and without 

 leave. If the paper were confined to what purports to be the contents 

 of it, namely, observations upon the tables referred to, there might be 

 some excuse for it; but these observations occupy less than a page and 

 a half of the document. The remaining six pages consist of a wholly new 

 argument, designed to show that the annual taking of 100,000 males 

 when the herd is in a normal condition tends to destroy the virile life 

 of the herd. 



The Counsel for the United States cannot help observing that the 

 submission of such a document is wholly irregular : but a failure to take 

 notice of it although quite justifiable, might be misinterpreted. 



A careful examination by the Arbitrators of the contents of this paper, 

 should they choose to give it any examination, would suggest the 

 answer to it; but a few observations upon it, necessarily hasty, may be 

 of service. 



1. It is said on page 1 of these observations: "It is not of course 

 denied thatthe killing of breeding females or males to a very large extent 

 might in time [)roduce a diminution in the herds, but it is contended that 

 the eifect sought to be established by Mr. Phelps' tables are incorrect 

 and exaggerated." 



But if the killing of females " to a very large extent" tends to produce 

 a diminution in the herds, as every one can see that it must, and if, 

 indeed, as every one can see, the killing of females to a small extent 

 even must have such tendency, the material point is to ascertain to 

 what an extent such killing of females can be carried without causing 

 substantial diminution in the numbers; but this problem, the only 

 material one, the counsel for Great Britain neither in this paper nor in 

 the course of their argument make any effort to solve, unless by the 

 suggestion in these observations, that it appears from the tables that 

 the annual killing of 20,000 females would create no loss which would 

 not be counter-acted and supplied by the increase of the surviving 

 females. 



The suggestion is that according to the rate of increase of each 

 female upon which the tables submitted by Mr. Phelps is based, if 

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