190 ORAL ARGUMENT OF JAMES C. CARTER, ESQ. 



that the mere presence of man does not repel the seals at all. They 

 come up and land upon those islands with perfect coutideiice that they 

 will not be disturbed. After they arrive there it is entirely possible 

 for man to separate from the herd the non breeding males. They do 

 not interminjjle with the breeding animals. The old bulls drive them 

 away immediately. It is not until the age of six or seven years that 

 they are tit for service, or called upon to render service, upon the rook- 

 eries. And until they arrive at that age they haul out, as it is called, 

 by themselves, in places behind che rookeries, or upon sandy beaches 

 away from them. VVliile thus hanled out by themselves these young 

 males are, of course, separated from the rest of the herd, and they can 

 be driven from the places where they are to a convenient place for 

 slaughter, without working any disturbance to the breeding rookeries. 



Fourth. If the lierdwere exempt, from .any depredation by man, its numbers would 

 reach a point of equilibrium at which the deticiency of food, or other permanent 

 conditions, would prevent a further increase. At this point, the animal being of a 

 polyffamoHS nature, an annual draft from non-breeding males might be made by man 

 of 100,000 — perhajis a larger number — without causing any appreciable permanent 

 diminution of the herd. 



The fact that is there stated that if this animal were not disturbed 

 at all by man, the numbers of the herd would eventually reach a max- 

 imum at which they would remain is more fully stated, explained and 

 justified by the American Commissioners in their report. It is, I sup- 

 pose, a perfectl}^ ianiiliar conclusion to all naturalists that all races of 

 animals, if undisturbed by man, have a tendency to increase, up to a 

 certain maximum. They are subject to the attacks of enemies other 

 than man; and there are certain causes at all times operating upon 

 them whi(;li would eventually prevent their increase beyond a certain 

 amount. If this were not so of course the marine aiumal races would 

 fill the seas eventually. In the case of the fur-seals they do have ene- 

 mies other than umn. We do not know what all their enemies are. 

 Their greatest marine enemy is known. It is the killer-whale, which 

 follows these herds, makes its attack upon them, and doubtless kills a 

 great many. How many of those that are born each year are thus 

 killed by their natui'al marine enemies there is, of course, no means of 

 determining. 



The President. Is that killer- whale hunted and destroj^-ed by man? 



Mr. Carter. No; I do Jiot think it is. I never heard that it was. 



The President. It is not an object of whaling? 



Senator Morgan. I think that it is the one which yields oil and 

 whalebone; and, of course, if it is, it is hunted by man assiduously. 



Mr. Carter. It may be true; but I have never heard myself that 

 the killer-whale was hunted by man. Its means of escape are too great. 



Lord Hannen. Is it really a whale? 



Mr. Carter. It is suggested to nre that the killer-whale is a small 

 whale, and not taken either for its bone, or its oil. That I shall venture 

 to state as our view of the fact, so far as that is important. 



The President. In point of fact, the i)rotection by man of the seals 

 does not go to the extent of taking this killer- whale for the sake of pre- 

 serving the seal herds? 



Mr. Carter. No; man does not extend his protection to the herd in 

 that direction. 



If this herd of seals were left to its natural enemies, I have said, it 

 would increase to a certain maximum point, which ]K)int would be 

 deteriiiined by the 0])eration of various causes. Sufficiency of food 

 would be one. That would furnish a natural limit to the increase of 



