FUR-SEAL HEED OF ALASKA. 105 



had been ''reserved" and "immune" from slaughter in June and July 

 previously, he made a clear pointed statement to that effect in his 

 annual report, dated June 5, 1905, to wit: 



To remove all possibility of killing branded seals in the fall on which the brands 

 have become indistinct it will be necessary to prohibit the slaughter of any animal 

 the skin of which weighs over 6 pounds. (Rept. Agt. Jas. Judse. p. i80; Appendix 

 A; H. Com. Exp. Dept. Com. & Labor, June 24, 1911.) 



Now, in the face of this distinct proof given him as above, that he 

 must make a 6-pound maximum limit for food skins, or let the lessees 

 continue to nullify the Hitchcock Rules, does W. I. Lembkey do so? 

 Observe the following sworn statement by hun that he does not — 

 that he kills them all : 



Mr. McGuiRE. Right there, Mr. Lembkey, did you prohibit their killing them? 

 Mr. Lembkey. I did. 

 Mr. McCuiRE. Over 4 years of age? 

 Mr. Lembkey. I did. 

 Mr. Elliott. In 1904? 

 Mr. Lembkey. Yes. 

 Mr. Elliott. Did you tlo it in 1905? 

 Mr. Lembkey. Yes. 



Mr. Elliott. How did you do it? You had no brand on them. 

 Mr. Lembkey. By fixing a limit of 8^ pounds on the skins to be taken. (Hearing 

 No. 9, p. 458, Apr. U, 1912, H. Com. Exp. Dept. Com.& Labor.) 



BRIEF SUMMARY OF THAT SWORN TESTIMONY WHICH DECLARES THIS 

 GUILTY COLLUSION IN NULLIFYING THE HITCHCOCK RULES. 



Lembkey, February 4, 1911, declares "the iveight of a S year old 

 sTcin is 7 pounds," and to "save the 3 year-olds,'' he has ordered "no 

 sTcins taJcen which are over 6h pounds." 



[Hearing No. 14, p. 907, July 25, 1912.] 



Mr. Elliott. Now, Mr. Chairman, in the matter of the nullification of the Hitch- 

 cock rules, with this evidence duly considered by your committee of the illegal 

 killing of those yearling seals in 1910 (and that evidence of this guilt applies to every 

 season's work on the Pribilof Islands ever since 1890 down to May 1, 1910), I desire to 

 present the following testimony, which declares that ever since May 1, 1904, when' 

 the "Hitchcock rules" were first ordered by the Department of Commerce and Labor, 

 those rules have been systematically and flagrantly violated bj- the agents of this 

 department who were specially sworn to obey and enforce them. 



On February 4, 1911, Chief Special Agent Lembkey was introduced by Secretary 

 Charles Nagel to the United States Senate Committee on Conservation of National 

 Resources, and during his examination by that committee he made the following 

 statement, to wit, on page 14 (hearings on Senate bill 9959, February 4, 1911, Com- 

 mittee on Conservation of National Resources): 



" Dr. Hornaday. How many 'short 2-year-olds' were killed last year? 



"Mr. Lembkey. I do not understand your term. No seals under 2 years old, to 

 my knowledge, were killed. 



" Dr. Hornaday. What would be the age of the smallest yearlings taken? 



"Mr. Lembkey. Two-year-olds rarely, if any. I may slate here. Dr. Hornaday, 

 that a great difference of opinion exists between Mr. Elliott and the remaining people 

 who understand this situation. There is a great gulf between their opinions, and 

 it can never be reconciled on the question of the weights of skins of 2-year-olds. 



"Prof. Elliott. I will present my information in a moment. 



"Dr. Hornaday. The minimum weight is what? 



"Mr. Lembkey. Five pounds. During food drives made by the natives, ivhen 

 the seals hilled are limited to 6^ pounds, in order to exclude all these 3-year-olds branded 

 during the summer, you understand the natives do kill down a little more closely than 

 our regulations allow, for the reason that they need the meat, and since they have to 

 exclude all these fine, fat seals over 6^ pounds they go for the little fellows a little more 

 closely. 



"The Chairman. How many seals were killed last year for food by the natives? 



