INVESTIGATION OF THE FUR-SEAL INDUSTRY OF ALASKA. 353 



my supervision in those days. The regu- 

 lations of 1910 do not make a restriction 

 of that character. (Hearing No. 2, p. 106, 

 June 9, 1911.) 



"Scientists" Bowers and Ever- 

 mann denv the good results of 

 the modus" vivendi of 1891-1893: 



Mr. Elliott. Now, on page 137, right 

 under this, following right there, Mr. 

 McGillicuddy asks Mr. Bowers this ques- 

 tion: 



"Mr. McGillicuddy. Do you think it 

 would be well to have a closed time? 



"Mr. Bowers. Not on land. There 

 was a closed time from 1891, I believe, 

 until 1894. The modus vivendi was put 

 in operation then. That modus vivendi 

 did more to exterminate the seals than any 

 previous order issued or given for the five 

 years prior to 1890." 



Did you inspire or aid him in making 

 that declaration, Dr. Evermann? 



Dr. Evermann. No, sir. 



Mr. Elliott. Haven't you made a simi- 

 lar declaration? 



Dr. Evermann. I have made a state- 

 ment regarding the modus vivendi. 



Mr. Elliott. As being the most destruc- 

 tive thing possible, didn't you? 



Dr. Evermann. In the essential fea- 

 tures of that statement I agree fully with 

 Commissioner Bowers, and as to the evil 

 results of the modus vivendi, yes. (Hear- 

 ing No. 10, pp. 633, 634, Apr. 20, 1912.) 



Mr. Elliott. Mr. Lembkey, in 1904 the 

 Hitchcock rules were first published, I 

 believe. Have thev been changed since 

 then? 



Mr. Lembkey. Yes; they have. 



Mr. Elliott. As to killing any seal un- 

 der 2 years of age? 



Mr. Lembkey. Not so far as to killing 

 any seal under 2 years of age, but in 1906 

 they were changed so as to make the mini- 

 mum weight 5 instead of 5-| pounds. 

 (Hearing No. 9, p. 449, Apr. 13, 1912.) 



But their associate Townsend, 

 "sealing expert," does not deny 

 those good results." 



Mr. Elliott. Is Mr. Charles H. Town- 

 send a reliable witness as to the modus 

 vivendi? 



Dr. Evermann. Mr. Townsend is a 

 very reliable man; yes. 



Mr. Elliott. Allow me to read what 

 Mr. Charles H. Townsend says of this mo- 

 dus vivendi in his report to United States 

 Fish Commissioner MacDonald, Febru- 

 ary 26, 1894: 



"It is undoubtedly true, however, tha^ 

 the closing of Bering Sea to sealing vessels 

 during the period of the modus vivendi 

 has had a most salutary effect, and that 

 the rookeries of the Pribilof Islands in 

 their present condition are so nearly sta- 

 tionary as regards the number of seals 

 since this regulation came into effect is 

 distinctly traceable to the protection so 

 afforded." 



That is found on page 7, Senate Docu- 

 ment 137, Fifty-fourth Congress, first ses- 

 sion. 



Mr. McGuire. Is this the honorable 

 Charles H. Townsend? 



Mr. Elliott. No; he is an associate of 

 Dr. Evermann in the Fur Seal Bureau. 

 He is one of those scientists brought in as 

 an authority for all the Bureau o f Fisheries 

 is doing. Now I want to ask Dr. Ever- 

 mann how he reconciles his sweeping de- 

 nunciation of the modus vivendi of 1891- 

 1893 with this statement of Mr. Town- 

 send? 



Dr. Evermann. When the committee 

 calls Dr. Townsend, as I believe the com- 

 mittee has arranged to do, Dr. Townsend 

 can give his own explanation of his own 

 reports and statements. 



Mr. Elliott. And you do not have any 

 thing to take back? You are willing to 

 stand by your denunciation? 



Dr. Evermann. Undoubtedly. 



Mr. Elliott. Mr. Townsend was up 

 there and knew what he was talking 

 about, didn't he? 



Dr. Evermann. I am not offering any 

 apology for Mr. Townsend's testimony. 



Mr. Elliott. He had personal knowl- 

 edge, and you had not, didn't he? 



53490—14- 



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