INVESTIGATION OF THE FTJE-SEAL INDTJSTBY OF ALASKA. 335 



able male seals over and above the num- 

 ber which, in your opinion, is sufficient to 

 fertilize the female seals, the number 

 taken not to exceed in any event 30,000 

 seals. The killing of yearlings and seals 

 whose skins weigh less than 6 pounds is 

 prohibited. 



Respectfully, yours, 

 (Signed) C. S. Hamlin, 



Acting Secretary. 



(Official entry of the above on p. 14 of 

 the journal of the chief special agent in 

 charge of the seal islands, St. Paul 

 Island, under date of entry as follows: 

 "Tuesday, June 17, 1896.") 



Evermann swears that there 

 are no regulations by Nagel which 

 prohibit the killing of yearlings. 



Dr. Evermann. Page 8, Mr. Elliott 

 says: 



"The law and the regulations of Mr. 

 Nagel forbid the killing of any seal ' under 

 two years of age.' " 



The law has never forbidden the killing 

 of male seals under two years of age; nor 

 has any regulation issued by Secretary 

 Nagel. (Hearing No. 10, p. 585, Apr. 24, 

 1912.) 



killing yearling male seals, except in 1904 

 to 1909. 



But I shall not rest with that answer. 

 Although it has always been perfectly 

 legal to kill 1-year-old male seals, and 

 although the regulations, with the excep- 

 tion of the few years mentioned, have 

 never said that 1-year-old male seals 

 should not be killed, nevertheless the 

 agents' reports state and show that it has 

 never been the practice during these 

 twenty-odd years to kill any seals under 

 2 years old. This has been explicitly 

 stated again and again by the agents, and 

 the department has no reason to doubt the 

 truth of their reports. (Hearing No. 10, 

 p. 493, Apr. 24, 1912, Ho. Com. Exp. 

 Dept. Com. and Labor.) 



But Lembkey swears, February 

 29, 1912, that there are such regu- 

 lations, and which have the force 

 of law. 



Dr. Evermann. On page 8, line 8 from 

 the bottom, you say: 



"The law and regulations of Mr. Nagel 

 forbids the killing of any seal 'under two 

 years of age.' " 



Is that true. 



Mr. Elliott. That is true. 



Dr. Evermann. Does the law say so? 



Mr. Elliott. The "law and regula- 

 tions" say so; yes. 



Dr. Evermann. Does the law say so? 



Mr. Elliott. Yes; the regulations have 

 the force of law. (Hearing No. 10, p. 

 613, Apr. 24, 1912.) 



Mr. Lembkey. It may be useful to bear 

 in mind, however, that small seals and 

 female seals may be taken at any time for 

 natives' food without violation of existing 

 law. 



Mr. Madden. It would not be allowed 

 under the regulations? 



Mr. Lembkey. Under the regulations 

 it would not be, but it would not be an 

 illegal act to kill those if the regulations 

 would allow such practice. I am just 

 bringing out that point. 



Mr. Madden. You say that the regula- 

 tions do not allow it? 



Mr. Lembkey. No. 



Mr. Madden. And the regulations have 

 the effect of law? 



Mr. McGillicuddy. Yes. 



Mr. Madden. If they were killed it 

 would be a violation of law. 



Mr. Lembkey. It would; if the regula- 

 tions permitted it, however, it would be 

 in accordance with existing law. 



It should be remembered also that the 

 law does not prohibit the killing of any 

 male seal over 1 year or 12 months of age, 

 although regulations of the department 

 do prohibit the killing of anything less 



