AWARD OF THE FISHERY COMMISSION. 2847 



< v >. As a naturalist I would ask you to answer one or two questions. 

 What do you mean by the term "fish' ; ? Can you give us a definition? 

 A. Well, a fish is a cold-blooded vertebrate, having a particular mode 

 of respiration. It breathes through gills instead of lungs, and it has a 

 heart of a particular construction. 



Q. I will read the definition from a book published in New York by 

 Harper Brothers, the Eucylopedia of Commerce, edited by 



. I presume that is an authority that can be relied upon (reads 



definition). I suppose that is a definition that can be relied upon ? A. 

 No; I think it cannot be relied upon at all. That would make anything 

 that floats in the water a fish. So that the seal would be a fish and the 

 otter would be a fish. 



Q. This is the Encyclopedia of Commerce. I suppose it is reliable. 

 I mean as an encyclopedia of commerce? A. Well, I don't know. I 

 don't think it is quoted very much. It is probably a very good compi- 

 lation. There are a great many books of that class that one has occasion 

 to look at without feeling that they are perfectly accurate. 



Q. Do you consider the seal a fish? A. Not at all. 



Q. Why? A. Because it is a warm-blooded mammal. It breathes 

 by means of lungs, &c. 



Q. ]s not the whale the same? A. The whale is no more a fish than 

 the seal. 



Q. It is a mammal; it is a swimmer? A. If you were to fall over- 

 board in mid-ocean you would be a swimmer. 



Q. How is it with the walrus? A. It is a mammal, not a fish. 



Q. So is the whale, is it not? A. Yes. 



Q. How do you draw a distinction between the whale and the seal ; 

 the one you consider a fish and the other not? A. I don't consider the 

 seal a fish. 



Q. I thought you did. Now, don't you consider it a very unreasonable 

 action on the part of the United States, the refusal to admit seal-oil as 

 fish-oil. Perhaps you don't care to answer? A. I don't object to 

 answer. I am not a politician. I am perfectly willing to answer the 

 question. I know that the penguin is considered a fish, commercially 

 that is, that penguin-oil is received in England as fish-oil. 



Q. That is a very important matter. I should like very much to have 

 it taken down that, as a commercial oil, the penguin-oil is considered a 

 fish-oil ? A. It is in London. 



Q. Is it not in the United States ? A. No ; but as far as I am 

 informed the oil is classified in the London custom-house and trade 

 returns as a fish-oil. 



Q. What is the quintal in weight? A. 112 pounds in some localities, 

 and in some 100 pounds. 



Q. It was given here as 114 pounds? A. Well, it might be 114 

 pounds. It is simply my impression that the quintal is considered 112 

 pounds. I would not be positive. A practical fish-dealer would give 

 more positive information than I could. 

 By Mr. Dana : 



Q. Here, on the 148th pflge of British Testimony we have a letter 

 from Governor Hill to the Earl of Kimberly, taken from the journals 

 of the legislative council in Newfoundland. It appears here, in the 

 evidence of Judge Bennett, as follows : 



GOVERNMENT HOUSE, 



Newfoundland, July 4, 1871. 



MY LORD : I have the honor to inform your lordship that on the 1st 

 instant I sent a telegram to your lordship, as follows, viz: "In reference 



