58 rUK-SEAL HERD OF ALASKA. 



in the clear light of the inclosed statements of fact. I also recommend that the law 

 which bonds and binds this corporation leasing the seal islands of Alaska be enforced 

 before it shall be too late to reach the lessees with those fines and penalties ordered 

 by it for the public good. 



I am, very respectfully, your friend and servant, 



Henry W. Elliott. 



Department of Commerce and Labor, 



Bureau of Fisheries, 

 Washington, April 29, 1909. 

 Mr. Henry W. Elliott, 



Lakeicood, Ohio. 

 Sir: This bureau has received, by reference from the department, your letter of the 

 26th instant, in which you invite attention to the condition of the seal herd on the 

 Pribilof Islands, and inclosed clippings on the same subject from the Cleveland 

 Plain Dealer, together with your comments thereon. Your communication, with its 

 inclosures, has been placed on file. 



Very respectfully, Geo. M. Bowers, 



Commissioner. 



Tliese specific charges thus made by JVIi-. ElHott stu'red Secretary 

 Nagel to appoint a special "expert investigator," one Geo. A. Chirk, 

 who was urged for this work by Dr. David Starr Jordan. This 

 appointment of Chirk was made on May 7, 1909 (see pp. 819-820, 

 Appendix A, H. Com. on Exp. Dep. Com. & Labor). Clark went to 

 the Pribilof Islands; ma(k> his report September 30, 1909., 



In this re])ort (on pp. 850, 851, Ap])endix A) he confu'ms the truth 

 of Elliott's charges in re killing yearlings, as follows: 



The yearlings of both sexes for the season must number about 12,000 each. 



This question of the {)roportion of the sexes surviving to killable and breeding age 

 is a fundamental one. It could be settled in a very few seasons by such regulation of 

 killing for the quota as would limit it to ajiimals of 3 years of age and over, leaving 

 the 2-year-olds untouched. The quota would then fall where it belongs, on the' 

 3-year-olds, and give a close approximation of the survivals among the young males, 

 Avhich in turn could be applied to the young females. This was the method used in 

 1896-97, when a minimum of 6 pounds in weight of skins prevailed. During the 

 present season and for some seasons past a minimum of 5 ])0unds has been in force, 

 the skins taken ranging in weight all tJie way from 4 to 14i j^ounds, bringing all 

 classes of animals from yearlings to 4-year-olds nito the quota. 



The result of this manner of killing is that we have no clear idea from the quota of 

 the number of younger animals belonging to the herd. From the irregularity of the 

 movements of the yearlings of both sexes and the 2-year-old cows, they can not be 

 counted or otherwise accurately estimated on the rookeries. 



With this proof of the truth of Elliott's charges in his hands, Mr. 

 Secretary Nagel actually, on May 9, 1910, again renews the same 

 kilhiig orders of 1909, and again sends this guilty agent, Lembkey, 

 up to kill 13,000 seals (Uu'ing June and July, 1910. 



Lembkey kills 12,920 seals in 1910, and then when put under oath, 

 AprU 13, 1912, before the House Committee on Expenditures in the 

 Department of Commerce and Labor, he admits that 7,733 of them 

 are the skins of yearling seals, taken by him in open, flagrant violation 

 of the law and regulations which he was compelled to quote and 

 confess that he had full knowledge of at the time he was busy in this 

 malfeasance! (See pp. 372, 429, 434, 441, 442, 443, 446, 447, Hear- 

 ing No. 9, Feb. 29, Ai)ril 13, 1912, House Committee on Expendi- 

 tiu'es in the Department of Commerce and Labor.) 



There is nothing ambiguous or indefinite in Mr. Elliott's letter of 

 April 26, 1909, above q^uoted. Mr. Nagel was a lawyer of long- 

 established practice and luUy grasped the sense and point of Elliott's 

 indictment, but he made no reply. Thinking it possible, however, 



