198 ORAL ARGUMENT OF SIR RICHARD WEBSTER, Q. C. M. P. 



ine double the number in order to select the males. I have investi- 

 gated that matter as well as I could from the sources at my disposal, 

 such as Bulibn and otlier books ou natural history, and, as lar as I can 

 fiud out in the case of polygamous animals, there is no instance of a 

 birth of a laiger number of females than males. As far as I can find 

 anything from the books of natural history, they appear to indicate, 

 notwithstanding that animals are polygamous that the birth rate is 

 equal. If you will only think of the cases which we know, such as 

 horses, sheep, deer, ])igs, and speaking of wild animals, the buffalo, 

 which is a very notorious instance and perfectly well known, all the 

 evidence points to the numbers being equal in those cases, and there- 

 fore the first observation that you have to make is this, that in reducing 

 the stock from which the virile males should be chosen, you at once 

 undertake a resjionsible duty, and you ought to be satisfied that the 

 data upon which you act are sufficient. 



Kow, Mr. President, would you kindly observe at once here that the 

 data upon which tlje United States proceed is without any autliority in 

 one respect. They assume the bull to have its virile powers for no less 

 than 12 years. They assume the bull to be in a breeding condition from 

 its 7th year to its 19th year. There is absolutely no evidence upon it. 

 All the evidence which you can collect from those who have studied 

 this matter for years is that about is the outside number of years that 

 you can assume that the bull is able pioperly to perform its virile func- 

 tions. I will read from Mr. Bryant who has made aflidavits for the 

 United States who was on the Islands up to 1877, but never there 

 afterwards, and who was and is unquestionably from past experience a 

 very considerable authority, cited, as Mr. Foster reminded me yester- 

 day, by Mr. Allen more than once in connexion with this matter in 

 fact, I am not sure that he did not write this chapter for Mr. Allen 

 in his book. At page 407 of Mr. Allen's monograph, Mr. Bryant says 

 this: 



As I have l)efore stated, the large surplus of full-grown males existing in 1869 

 nearly all (lisaj)[)eared in aljont 6 yeart>, and when we consider the fact of their 

 severe labours during- the breeding season when they i>ass from 90 to 120 days with- 

 out fo(id, engaged in a constant struggle for their position and performing the most 

 exhaustive functions of physical life, 6 or 7 years would seem to be the limit of the 

 active period of their lives ? 



Well, Mr. President, interesting information upon some of these mat- 

 ters of a general kind, if the Tribunal care to discuss it, or ]ny learned 

 friends desire to discuss it will be found in the British Commissioners' 

 supplemental Kej^ort and in the Appendix to the British Commission- 

 ers' supplemental Eeport. 1 am not now on any question of contested 

 matter at all or any matter which could be sui)posed to be misrepre- 

 sented by the British Commissioners. 



On such questions as deer and very analagous cases, if you care to 

 examine the books experience will tell you tliat it is believed from two 

 to three years is the limit of the really virile i)owers of the stag; and 

 I want to call attention to the hypothesis upon which the United States 

 proceed, that every bull left is supposed to be fully competent, that 

 every bull left is supposed to retain its powers as long as it is alive, for 

 a period of 12 years, and that, as I have said, you are justified in reduc- 

 ing the stock of viiile bulls of 13, (!()() down to 1,'J80. Now nobody who 

 has ever studied this matter can be ignorant of what is the consequence 

 of natural selection. You are aware what ha])[)ens by artificial selec- 

 tion in stock-breeding, and in utilization of male power for the |>urpose 

 of improving the breed. The best bull is selected, or the best stallion, 



