240 



FUE-SEAL HEED OF ALASKA. 



December, 1908. (Appendix A, p. 

 666, June 24, 1911. H. Com. Exp. Dept. 

 Com. and Labor.) 



The company's protest regarding the 

 department's decision to fix the minimum 

 weight of skins at 5^ pounds was brought 

 to our attention here at Washington before 

 the sailing of the steamer and was filed for 

 future reference. (F. H. Hitchcock to 

 W. I. Lembkey, May 28, 1904. Appendix 

 A, p. 47, June 24, 1911, H. Com. Exp. 

 Dept. Com, and Labor.) 



Lembkey says in his official 

 report, 1906, that he made that 

 change in the Hitchcock Rules 

 because "the department found, " 

 etc., "of the fact," etc. 



Mr. Lembkey. The reduction in 1906 

 of the limit of weight on small skins from 

 5^ to 5 pounds was made by the depart- 

 ment because of the fact that the latter 

 weight more nearly represented the divid- 

 ing line between 1 and 2 year old seals. 

 The young males between 5 and 5h pounds 

 undoubtedly are 2-year-olds, and the 5^- 

 pound prohibition resulted in arbitrarily 

 turning away from the killng fields sev- 

 eral thousands of small 2-year-olds that 

 otherwise would be killed i'or quota. 



This reduction of the limit in weight 

 resulted in the dismissal in 1906 of 3,980 

 small seals, as against 5,548 in 1905. 

 These 3,980 dismissals in 1906 are sho^vn 

 elsewhere to represent approximately 

 3,300 animals. 



In my opinion, this closer killing among 

 the smaller 2-year-olds is advisable. 

 Present safeguards against too close killing 

 are ample. With their strict enforce- 

 ment, it is the part of wisdom to allow the 

 lessee to take all remaining young males 

 not covered by prohibitory regulation, 

 as in so doing it reduces to a minimum a 

 class of seals upon which the pelagic 

 sealers prey during the summer, and 

 which, if saved, would offer no further 

 benefit to the herd than that now assured 

 imder the regulations governing the kill- 

 ing on land. (Rept., Dec. 14. 1906, to 

 Secretary Com. and Labor, W. 1. Lemb- 



Mr. Lembkey. As chief clerk? I think 

 Mr. Bowen did. 



Mr. Elliott. Mr. Bowen. Did you 

 again renew your recommendation? 



Mr. Lembkey. I do not remember that 

 I recommended that the weight be re- 

 duced to 5 pounds in 1905. Mr. Elliott. 



Mr. Elliott. That order of reduction 

 was made in 1906? 



Mr. Lembkey. In 1906. 



Mr. Elliott. Who was the chief clerk 

 then? 



Mr. Lembkey. I presume Mr. Bowen 

 was. 



Mr. Elliott. You must have had some- 

 thing to present to Mr. Hitchcock and to 

 Mr. Bowen as your reason for reducing 

 that weight from 5i pounds to 5 pounds. 

 What was it? 



Mr. Lembkey. I had not. I experssed 

 that as mv opinion. ^Hearing No. 9, pp. 

 449, 450, Apr. 13, 1912. H. Com. Exp. 

 Dept. Com. and Labor.) 



But Lembkey, under cross- 

 examination, admits that the 

 change was made on his recom- 

 mendation, and that he himself, 

 had no warrant for making it — 

 only his "opinion." 



Mr. Elliott. That order of reduction 

 was made in 1906? 



Mr. Lembkey. In 1906. 



Mr. Elliott. "WTio was the chief clerk 

 then? 



Mr. Lembkey. I presume Mr. Bowen 

 was. 



Mr. Elliott. And you again made the 

 re commendation ? 



Mr. Lembkey. Not to Mr. Bowen; no. 

 The recommendation was made, I think, 

 to the Secretary, but it was made through 

 Mr. Sims, the solicitor of the department, 

 who then had charge of the seal business. 



Mr. Elliott. Oh, he took charge of it? 

 Had you in 1904 any table of length, 

 weight, and measurement of fur seals to 

 contradict the official tables that declared 

 a fur seal 2 years of age, the skin of which 

 weighed 5^ pounds? Had you any rec- 

 ords to show Mr. Bowen or Mr. Hitchcock? 



Mr. Lembkey. What year are you 

 speaking of, and what records are you 

 speaking of? 



Mr. Elliott. You must have had some- 

 thing to present to Mr. Hitchcock and to 

 Mr. Bowen as your reason for reducing 

 that weight from 5A pounds to 5 pounds. 

 WTiat was it? 

 Mr. Lembkey. You must remember, 

 now, that my statement was that that 

 change occurred in 1906. 



Mr. Elliott. 1904, you said? 



