246 INVESTIGATION" OP THE FUR-SEAL INDUSTRY OF ALASKA. 



same, only they would do it themselves. The work of slaughtering 

 seals in 1910 was, therefore, taken up and pushed as hard, and close 

 by them on the islands, as it had been by the greedy lessees in 1909. 



Vigorous protests were made Secretary Nagel by good citizens, but 

 without the least avail. He had determined to continue the " benevo- 

 lent" killing by the lessees, so as to appear "regular" in his indorse- 

 ment of that injurious work when backing those butchers during the 

 lease. He stimulated Dr. Jordan and his old "scientific" authorities 

 who had shielded that illegal work of the lessees since 1896 to again 

 come forward and deny this improper killing and vouch for its con- 

 tinuation in 1910 and 1911, under United States Commissioner 

 Bowers's and Mr.Lembkey's direction, as being done wholly right in 

 every respect. 



The proclamations by Jordan and his subordinate scientists, were 

 used by Secretary Nagel as his righteous, sensible warrant for killing 

 "small" seals; that "it was necessary for the good of the herd," etc. 



This stirred up an investigation into that killing, by order of Con- 

 gress in May, 1911, and the f ollowing salient evidence of an organ- 

 ized attempt to deceive the Committee on Expenditures in the De- 

 partment of Commerce and Labor by the scientists associated with 

 the bureau, and Dr. Jordan's commission, known as the "advisory 

 board," was quickly exhibited. 



This attempt to deceive the committee was made with, reference to — 



First. The regulations of the department governing the taking of 

 seals and their skins. 



Second. The classification of these skins when taken. 



Third. The behavior of breeding fur-seal bulls. 



1. With regard to the law and regulations which governed the 

 taking of fu^ seals on the islands, the Bureau of Fisheries prepared 

 an elaborate statement, and presented it under oath to the com- 

 mittee, and in that statement made the following distinct, and spe- 

 cific false, and improper denial of the "Carlisle rules" issued Ma 14, 

 1896, and quoted above under Section VI, to wit: 



Committee on Expenditures in the 

 Department of Commerce and Labor, 



House of Representatives, 



Friday, April 19, 1912. 



The committee met at 10.30 o'clock a. m., Hon. John H. Rothermel (chairman) 

 presiding. 



Present: Representatives McDermott, Young, McGuire, and Patton. 



Testimony of Barton W. Evermann. 



The witness was sworn by the chairman. 



The Chairman. Doctor, you may state your official position. 



Dr. Evermann. My official position is assistant in charge of the Alaska fisheries 

 service, in the Bureau of Fisheries. Department of Commerce and Labor. 



The Chairman. Now, if you desire, you may proceed to submit whatever facts you 

 have for the consideration of the committee. 



Dr. Evermann. * * * 



2. The second charge is that at least 128,478 yearling male seals were killed by the 

 lessee from 1890 to 1909. both inclusive, contrary to law and the regulations. 



In answer to this charge it should be sufficient to say that the law has never made 

 it illegal to kill yearling male seals; nor has it ever been contrary to the regulations 

 to kill yearling male seals, except in the seasons of 1904 and 1905, as is shown by the 

 regulations for the various years to which I have called your attention. Therefore, 

 even if 12S.478 yearling male seals have been killed since 1899 (which is not admitted) 

 they could not have been killed illegally, because there was no law against killing 

 yearling male seals, and there has been no regulation against killing yearling male 

 seals, except in 1904 to 1909. 



