352 INVESTIGATION" OF THE FUR-SEAL INDUSTRY OF ALASKA. 



Evermann prompting Bowers 

 to deny the regulation prohibit- 

 ing the killing of yearlings: 



Mr. McGuire. The only point of dif- 

 ference, apparently, between youiself 

 and Dr. Elliott is on the question of the 

 age of the seals at the killing. I believe 

 you said your instructions to your agents 

 are that under no circumstances are seals 

 to be killed under 2 years of age? 



Mr. Bowers. There is no instruction 

 to that effect this year; there was none 

 last year to that effect; and I am not 

 aware that it has been modified in any 

 way; but there is an understanding, and 

 there is a statement from the agent to the 

 effect that no seals were taken under 2 

 years of age. Of course, you understand 

 we are operating under this law which was 

 passed a year ago. and there is no pro- 

 vision in that giving instructions to the 

 agents on the islands. 



Mr. McGuire. I understand that the 

 regulations of 1904, with respect to the 

 ages, have not been modified by this law; 

 am I right or not? 



Mr. Bowers. Well. T am not suffici- 

 ently versed in the regulations of 1904, 

 and I can not recall from memory. 



Mr. McGuire. Well, as read a few mo- 

 ments ago. the statement was that none 

 were to be killed under 2 years of age, and 

 then you subsequently stated none had 

 been killed to your knowledge under 2 

 years of age. 



Mr. Bowers. As understood from the 

 reports submitted to us by agents on the 

 islands, and we adjudged that, to some 

 extent, too, by the weight of the skins. 



Mr. McGuire. Do you know now, of 

 vour own knowledge, whether the regu- 

 lations of 1904, with respect to the ages 

 of the seals at the time of killing, have 

 been modified? 



Mr. Bowers. Well, I am not familiar 

 with those regulations. 



Dr. Evermann. Xew regulations are 

 issued every year. 



Mr. Bowers. I can not recall the regu- 

 lations of 1904, because I can not recall 

 having read the. They were not under 



removed them or would have dared to do 

 so, as I was told by the Treasury officials. 

 Those men whose names were signed 

 to these bogus ' 'affidavits' ' as inclosed in 

 that ' 'Ogclen Mills' ' letter above cited are 

 all dead save one. That survivor of this 

 job is one James C. Redpath. He has 

 been the general overseer and assistant 

 general manager of the lessees ever since 

 May 21, 1890, up to the hour that their 

 lease expired, May 1, 1910. (Hearing 

 No. 10, pp. 663, 665, Apr. 24, 1912.) 



Secretary Nagel brings Lemb- 

 key and Evermann to swear 

 February 4, 1911, that no seals 

 were killed under 2 years of age: 



Mr. Elliott. We want that distinctly 

 understood. We want to find out where 

 he comes in, and where to put the respon- 

 sibility. Is not Mr. Lembkey responsible 

 for anything? Did he not get his orders 

 from you? 



Mr. Bowers. He gets his orders from 

 me as approved by the Secretary. 



Mr. Elliott. And he is bound bv 

 them? 



Mr. Bowers. He is. 



Mr. Elliott. Then, Mr. Chairman, I 

 want Mr. Bowers to explain right here 

 why Mr. Lembkey, introduced by Secre- 

 tary Nagel, said on February 4 last, at a 

 hearing of the conservation committee 

 of the United States, on page 10, in answer 

 to this question: 



"The Chairman. How many did you 

 kill last year? 



"Mr. Lembkey. We killed 12,920. 



"Q. What was the youngest seal you 

 killed; what age? 



"A. Two years old." 



There we have the official statement of 

 the Department of Commerce and Labor, 

 without doubt or equivocation, without 

 any question of law or anything, given to 

 the Senate committee, that they had 

 killed none of those seals, 12,920, under 

 2 years of age. Are you ready to certify 

 to that statement here before this com- 

 mittee? 



Mr. Bowers. That is Mr. Lembkey's 

 statement. 



Mr. Elliott. No; but, my dear sir, he 

 is your agent. I want you to certify to it. 



Mr. Bowers. I am not evading any- 

 thing: I want that distinctly understood. 



Mr. Elliott. Then you certify to that 

 statement? 



Mr. Bowers. I do not have to certify 

 to any statement made by another man. 

 That is his statement. That is th? state- 

 ment as it comes to the Bureau of Fish- 

 eries from the officials. That is an official 

 record as it comes to me. (Hearings No. 2> 

 p. 117, June 9, 1911.) 



