GENERAT. AI MINISTRATIVE REPORT. 9 



was returned counsel for the GovernmenL moved the court to for- 

 feit hail of defendants for nonappearance for arraignment and trial. 

 The motion was granted. Counsel for the defense thereupon moved 

 the court to set aside the order for forfeiture of l^ail, for the reason 

 that the crime charged was a misdemeanor rather than a felony, 

 thus not requiring presence of defendants, and that counsel were 

 authorized and ready at all times to appear for the defendants at 

 arraignment and trial. Counsel for the United States contended 

 that the offense was a felon}', thus requiring the presence of defend-, 

 ants at all stages of the trial, including arraignment, and their fail- 

 ure to appear personally for arraignment must result in forfeiture 

 of bail. 



Judge Lyons, before whom arguments were made, held tliat 

 personal presence in a misdemeanor charge is not required until after 

 judgment is pronounced. The court stated that if a defendant is 

 then not personally present to render himself in execution of judg- 

 ment, whatever it may be, his bail may be forfeited; but during the 

 trial he may appear by counsel and not suffer forfeiture. The 

 serious issue at hand then became whether the indictment charged 

 a misdemeanor or a felony. Judge Lyons held tliat a violation of 

 the Alaska fisheries law is a misdemeanor, and for this reason, on 

 November 13, 1912, directed that the order of forfeiture previously 

 entered be set aside. The case was continued until the following 

 spring term of court. 



PRIBILOF ISLANDS. 



PERSONNEL IN CHARGE. 



The admhiistration of the fur-seal service in 1912 followed the same 

 general plan as in 1911 with respect to the management of tlie seal 

 herd. 



During the winter of 1911-12, Assistant Agent James Judge was in 

 charge on St. Paul Island. He arrived on the Homer June 16, 1911, 

 and remamed until September 9, 1912, when he left on the Homer 

 for San Francisco and Washington. Mr. M. C. Marsh, naturalist for 

 the islands, who reached St. Paul August 23, 1911, on the second trip 

 of the Homer, remained on the island until September 9, 1912. 

 Besides these, the Government was represented on St. Paul Island 

 during the winter of 1911-12, by Dr. E. J. McGovern, resident physi- 

 cian, Assistant Agent A. H. Proctor, and the school-teacher, Mr. 

 P. R. E. Hatton. During the same period the Government was repre- 

 sented on St. George Island by Assistant Agent E. W. Clark, in 

 charge, Mr. Ned B. Campbell, school-teacher, Dr. H. C. Mills, resident 

 physician, and Mr. Leonard Tongue, storekeeper. In addition to 

 these, the Government was represented during the summer of 1912 



