Part 10

As long as the State pays the entire expense bill, however, there will be a natural restiveness on the part of the taxpayers; the prison management, no matter how careful it is, must suffer for the sins of the system. The present directors and wardens are intelligent and honest men, who could put the prisons on a self-supporting basis if they had the authority and the necessary means for the plant required. A comparatively small amount of manufactures would pay the daily maintenance of the prisoners, and thus render the management much less subject to public criticism.

This article is already as long as seems desirable, and I must close without describing the California reform schools, which are comparatively new, but have attracted much attention. At some future time I may have an opportunity to take up that subject.

THE SCIENTIFIC EXPERT AND THE BERING SEA CONTROVERSY.

BY GEORGE A. CLARK.

In the November number of the Popular Science Monthly for 1897, Dr. Thomas C. Mendenhall reviews at some length the workings of the Bering Sea Commission of 1892. Dr. Mendenhall was himself a member of this commission, and his account of its inside history is interesting and instructive as throwing light upon the after-work of the Paris Tribunal of Arbitration for which it was to prepare the natural-history data.

Dr. Mendenhall naturally finds little to commend in the work of his colleagues, the British experts, but he does not stop there, and proceeds to generalize in an uncomplimentary way regarding scientific experts as a class. For example, he lays down the following just and admirable rule for scientific investigation: "It should be commenced with no preconceived notions of how it is to come out, and judgment should wait upon facts," and then continues to say: "Justice to the man of science obliges the admission that, take him in his laboratory or library, with no end in view except that of getting at the truth, and he generally lives fairly up to this high standard; but transform him by the magic of a handsome retainer, or any other incentive, into a scientific expert, and he is a horse of another color."

It is not the purpose of this article to argue the cause of the man of science, or to say whether or not this arraignment is just. It is the intention merely to bring into contrast with the notable example of failure which Dr. Mendenhall cites, an equally notable example of success on the part of the scientific expert. If I mistake not, this simple comparison will be all the vindication the man of science needs.

To understand the full force of Dr. Mendenhall's article, it must be remembered that it appeared on the very eve of the meeting of a second Bering Sea Commission called to consider the selfsame issues which occupied the attention of the commission of 1892. The article therefore stands as a prediction of failure for the new commission. Nor does Dr. Mendenhall leave his meaning obscure in this regard. He says, "It is difficult to see what good will come from further discussions, investigations, or declarations"; and his conclusion is, "It will be impossible to know absolutely which group of scientific experts (American or British) was right in regard to pelagic sealing," this last subject being the rock on which the commission of 1892 split.

It is not necessary here to go into the details of this first commission. These are given in Dr. Mendenhall's article. Two things only are essential to bring this meeting into contrast with the one of 1897. These are the instructions under which it was organized and its final report. Both are brief. The first is comprehended in the following statement, quoted from the Treaty of Arbitration of 1892: "Each Government shall appoint two commissioners to investigate conjointly with the commissioners of the other Government all facts having relation to seal life in Bering Sea, and the necessary measures for its protection and preservation."

The commissioners duly visited the fur-seal islands in Bering Sea, made their investigations, and were called together at Washington to deliberate upon the results obtained, and to prepare a joint report for the guidance of the Tribunal of Arbitration then about to convene at Paris. With Dr. Mendenhall was associated, on behalf of the United States, Dr. C. Hart Merriam. Great Britain was represented by Sir George Baden-Powell and Dr. George M. Dawson. The commission began its labors on the 8th of February, and completed them on the 4th of March following. Its final report, shorn of verbiage, consists of the following colorless statement: "We find that since the Alaska purchase a marked diminution in the numbers of the seals on and habitually resorting to the Pribilof Islands has taken place; that it is cumulative in effect, and that it is the result of excessive killing by man." One half of the work set for the commission--namely, measures for protection--was left wholly untouched.

In view of this meager and unsatisfactory result, it is perhaps not to be wondered at that Dr. Mendenhall should grow skeptical of the value of expert scientific evidence. But had he sought a cause of the failure of 1892 he might easily have found one more rational than the alleged "handsome retainer," or other "incentive."

It is manifestly true that the man of science can legitimately appear as an "expert" only when his evidence is desired on some line along which he has done work. An invertebrate morphologist is not an expert in electricity; nor a physicist in the habits of pinnipeds. One only of the four gentlemen, called upon in 1892 without their own consent to act as experts, had even a passing knowledge of the life history of marine mammals. Dr. Mendenhall was a physicist, Dr. Dawson a geologist, and Sir Baden-Powell something of a sportsman. Dr. Merriam alone, a mammalogist of the first rank, was a scientific expert in any proper sense.

Moreover, the investigations conducted by the two commissions were, from a scientific point of view, of the nature of a farce. Less than two weeks were spent upon the islands, and that at a date in the season least favorable of all for observations. This meant that the greater part of their information was got second-hand by the commissioners.

In marked contrast to the findings of the joint meeting is the individual report of the American commission, prepared largely by Dr. Merriam. This stands out as a notable contribution to the subject of which it treats. Though largely a compilation, so well was the work of sifting and weighing evidence done, that not a single statement of fact in it has proved fallacious, and the more exhaustive investigations of 1896 and 1897 corroborate its conclusions in every particular. This was the work of the true "scientific expert," and he can ask no better vindication. The joint commission contained "experts" of another sort, and its report was necessarily different.

The second Bering Sea Commission came into existence in much the same way as the first. An agreement was reached in 1896 between the two nations whereby the entire fur-seal question should become the subject of a new investigation. This agreement was the outgrowth of dissatisfaction on the part of the United States with the workings of the regulations of the Paris award.

The new investigation was begun at once and extended through the seasons of 1896 and 1897, and again the experts were called together at Washington to agree, if possible, on a joint statement of fact. The scope of the investigation and the object of the joint meeting are succinctly stated in the following words quoted in the preamble of the commission's report: "To arrive, if possible, at correct conclusions respecting the numbers, conditions, and habits of the seals frequenting the Pribilof Islands at the present time as compared with the several seasons previous and subsequent to the Paris award."

In the commission of 1897 the United States were represented by Dr. David S. Jordan and Hon. Charles S. Hamlin; Great Britain, by Prof. D'Arcy W. Thompson and Mr. James M. Macoun. It convened on the 10th of November and concluded its labors on the 17th, reaching a full and satisfactory agreement.

It will best serve our purpose to give the final report of the commission of 1897 in full. Two reasons make this appropriate: First, the substance of the sixteen concisely worded propositions of which it is made up can scarcely be stated in fewer words than the original. In fact, instead of condensing them, it will be necessary to amplify and explain many of the points made in order to be sure that they are clear to the lay reader. Second, the report has for some reason received practically no notice in the American press, and it is to be feared that the importance of the document has not been fully appreciated by the American public.

1. There is adequate evidence that since the year 1884, and down to the date of the inspection of the rookeries in 1897, the fur-seal herd of the Pribilof Islands, as measured on either the hauling grounds or breeding grounds, has declined in numbers at a rate varying from year to year.

This proposition is in effect a restatement of the first clause of the agreement of 1892, but it is much more definitely put. The decline is not made to date vaguely "since the Alaska purchase" (1867), but "since the year 1884." This latter date is significant for a number of things. Prior to it for a period of thirteen years there had been no difficulty in securing the normal quota of 100,000 skins annually. In other words, up to that time the herd had remained in a state of equilibrium, yielding a maximum product. Again, this date marks the advent of pelagic sealing in Bering Sea, and the beginning of that remarkable expansion of the industry which culminated ten years later in 1894. The decline of the herd is thus made synonymous with the rise of pelagic sealing.

The real significance of this proposition, however, lies in the fact that the decline is declared to have been continuous to the present time. In other words, it did not stop or even slacken with the season of 1894. In this season, it will be remembered, the regulations of the Paris award, avowedly for the "protection and preservation of the fur-seal herd," went into effect. Translated into direct statement, this proposition is an admission that the regulations have failed of their object.

2. In the absence for the earlier years of actual counts of the rookeries such as have been made in recent years, the best approximate measure of decline available is found in these facts:

_a._ About 100,000 male seals of recognized killable age were obtained from the hauling grounds each year from 1871 to 1889. The table of statistics given in Appendix I[39] shows, on the whole, a progressive increase in the number of hauling grounds driven and in the number of drives made, as well as a retardation of the date at which the quota was attained during a number of years prior to 1889.

_b._ In the year 1896, 28,964 killable seals were taken after continuing the driving till July 27th, and in 1897 19,189 after continuing the driving till August 11th. We have no reason to believe that during the period 1896 and 1897 a very much larger number of males of recognized killable age could have been taken on the hauling grounds.

The reduction between the years 1896 and 1897 in the number of killable seals taken, while an indication of decrease in the breeding herd, can not be taken as an actual measure of such decrease. A number of other factors must be taken into consideration, and the real measure of decrease must be sought in more pertinent statistics, drawn from the breeding rookeries themselves.

We have already noted that in that portion of the period, 1871 to 1889, which falls prior to 1884, thirteen years in all, no difficulty was experienced in securing the full quota, and it may be added that this was completed not later than July 20th. A retardation of the date at which the quota can be filled is a direct indication of the degree of exhaustion of the hauling grounds. In marked contrast with these earlier years stand the conditions of 1896 and 1897, when greatly reduced quotas only were obtained, notwithstanding the unusual prolongation of the driving period.

The statement here made that the difference between the quotas of 1896 and 1897 is not an actual measure of decline in the breeding herd requires explanation. The quota of any year is dependent upon the birth rate of three years previous, killable seals being males of approximately three years of age. The difference noted, therefore, while not indicative of the actual decrease for the seasons 1896 and 1897, is a direct measure of such decrease for the seasons of 1893 and 1894, when the seals in question were born.

That the rate of decline as thus shown was greater in 1893-'94 than in 1896-'97 is explained by the fact that, whereas only 30,000 seals were taken at sea in 1893, 60,000 were taken in 1894; while in 1896 43,000 were taken as against only 25,000 in 1897. In other words, the pelagic catch of 1894 exceeded that of 1893 by one hundred per cent, while that of 1897 fell seventy-two per cent below that of 1896. It is not, therefore, strange that the quota of 1897 should show a reduction of thirty per cent as against one of twelve per cent in the breeding herd for the same year.

3. From these data it is plain that the former yield of the hauling grounds of the Pribilof Islands was from three to five times as great as in the years 1896 and 1897, and the same diminution to one third or one fifth of the former product may be assumed when we include also the results of the hunting at sea.

This proposition needs little comment. It is a simple deduction from the conditions of the preceding paragraph. The minimum estimate of former conditions is the lowest possible figure that could be in any way defended. The larger figure is apparently more nearly correct. The quota of 1898, of which we now have the record also, was about 18,000. It is not so stated in this paragraph, but the inference is inevitable that what is thus given as the decline of the "yield of the hauling grounds" is equally the decline of the breeding herd. A breeding herd which yielded without difficulty annually 100,000 killable animals (superfluous males of three years of age) must be reduced to something like one fifth its former size when it is able only with extreme difficulty to yield a quota of 20,000 such animals.

4. The death rate among young fur seals, especially among the pups, is very great. While the loss among the pups prior to their departure from the islands has been found in the past two years to approach twenty per cent of the whole number born, and though the rate of subsequent mortality is unknown, we may gather from the number which return each year that from one half to two thirds have perished before the age of three years--that is to say, the killable age for the males and the breeding age for the females.

The maximum and minimum figures here represent a division of opinion. The larger figure of two thirds would even seem to be a conservative estimate. The birth rate of 1897, as we know from close estimate, was approximately 130,000; it must have been greater in 1894, approaching 200,000. From this larger birth rate only about 20,000 males survived (the quota of 1897). There was doubtless a like number of females, the sexes being equal at birth and subject to like causes of natural loss. This gives a total of 40,000 in all, out of a birth rate of 200,000, which survived to the age of three years. This is one fifth, and it is evident that the mortality exceeds rather than falls below the maximum of two thirds.

5. The chief natural causes of death among pups, so far as known at present, are as follows, the importance of each being variable and more or less uncertain:

_a._ Ravages of the parasitic worm _Uncinaria_; most destructive on sandy breeding areas and during the period from July 15th to August 20th.

_b._ Trampling by fighting bulls or by moving bulls and cows, a source of loss greatest among young pups.

_c._ Starvation of pups strayed or separated from their mothers when very young, or whose mothers have died from natural causes.

_d._ Ravages of the great killer (_Orca_), known to be fatal to many of the young, and perhaps also to older seals.

At a later period drowning in the storms of winter is believed, but not certainly known, to be a cause of death among the older pups.

The causes of death here enumerated are natural and inherent in the conditions under which the herd exists. That some of them were not known or fully understood until the investigations of 1896 and 1897 does not make them new or recent in their action. They have been constant factors, acting with greater intensity in the past when the herd was larger and more crowded upon its breeding grounds. Photographs taken in 1891 and 1892 show that the parasitic worm was then doing its deadly work, and more extensively in proportion as the herd was larger. For 1,495 pups dead from this cause counted by us on Tolstoi sand flat in 1896, 4,000 were counted on the same ground by the British commissioner of 1892. Moreover, the bones of innumerable pups on ground already abandoned in that year by the declining herd attest the existence of this cause of death prior to that time. We have no reason to suppose that it has not always preyed upon the herd. Death by trampling must at present be at a minimum on account of the scattered condition of the rookeries. The storms of winter and pelagic enemies must, of course, take toll in proportion to the number of animals.

But the significant fact shown by this proposition is that the gain of the herd must be small at best under such a natural death rate. We may suppose these natural losses to have been the checks which in a state of nature prevented the indefinite increase of the herd. When, therefore, to this total loss of from two thirds to four fifths of the entire birth rate before breeding age is attained, we add the tremendous artificial loss through the destruction of gravid and nursing females resulting from pelagic sealing, it is not to be wondered at that the equilibrium was broken and the herd sent on a rapid decline.

6. Counts of certain rookeries, with partial counts and estimates of others, show that the number of breeding females bearing pups on St. Paul and St. George Island was, in 1896 and 1897, between 160,000 and 130,000, more nearly approaching the higher figure in 1896 and the lower in 1897.

These figures are based upon counts of all the breeding families on both islands for each season. On certain rookeries the live and dead pups were counted. In this way an average size of family was obtained which was used to complete the census where pups could not be counted.

7. On certain rookeries where pups were counted in both seasons, 16,241 being found in 1896 and 14,318 in 1897, or, applying a count adopted by Professor Thompson, 14,743 in the latter year, there is evident a decrease of nine to twelve per cent within the twelvemonth in question. The count of pups is the most trustworthy measure of numerical variation in the herd. The counts of harems, and especially of cows present, are much inferior in value. The latter counts, however, point in the same direction. The harems on all the rookeries were counted in both seasons. In 1896 there were 4,932; in 1897 there were 4,418, a decrease of 10.41 per cent. The cows actually present on certain rookeries at the height of the season were counted in both seasons. Where 10,198 were found in 1896, 7,307 were found in 1897, a decrease of 28.34 per cent.

The important element in these special counts, undertaken with a view to determining the relative condition of the breeding herd for the two seasons, is the count of pups. All other classes of rookery population fluctuate from day to day, but the pups remain constantly on shore and near to the place of birth for the first six weeks of their lives, and it is merely a matter of patience and skill in counting them. Such a count on any rookery is an absolute record of the number of breeding females which has visited it for the season in question.

The minimum figure of nine per cent adopted by Professor Thompson is based upon a recount of a single rookery made by himself under conditions less favorable for accuracy than in the case of the official counts, which give the larger figure of twelve per cent, and which were made jointly by representatives of both commissions.

8. It is not easy to apply the various counts in the form of a general average to all the rookeries of the islands. We recognize that a notable decrease has been suffered by the herd during the twelvemonth 1896 to 1897, without attempting, save by setting the above numbers on record, to ascribe to the decrease more precise figures.

This is a rather extreme statement of the uncertainty which may be assumed to attach to these figures. The problem is not an easy one at best and its factors are complex. This should always be borne in mind, but not to the extent of doubting the value of the figures. The areas counted were large enough to be fairly typical. The counts were carefully done, and are accurate enough for all practical purposes. The probable error for the 15,000 more or less pups counted would not exceed 500. But as the counting was done in exactly the same manner and by the same persons for the two seasons, such errors as may exist are common to both counts and the relative conditions are unaltered. The figure of twelve per cent, moreover, must be taken as in itself a minimum, since it is the result of a number of individual counts varying in accuracy; and all in a sense underestimates, inasmuch as more animals are always overlooked among the rocks than are counted twice.

But the exact percentage of decrease is immaterial. That it has been a "notable" decrease is sufficient, and this is unquestioned. It may be noted in passing that this unequivocal decrease occurs in two seasons during which there was perfect enforcement of the regulations of the Paris award.

9. The methods of driving and killing practiced on the islands, as they have come under our observation during the past two seasons, call for no criticism or objection. An adequate supply of bulls is present on the rookeries; the number of older bachelors rejected in the drives during the period in question is such as to safeguard in the immediate future a similarly adequate supply; the breeding bulls, females, and pups on the breeding grounds are not disturbed; there is no evidence or sign of impairment of virility of males; the operations of driving and killing are conducted skillfully and without inhumanity.

It was agreed by the commission of 1892 that "excessive killing by man" was the cause of the decline of the herd. As to the "man" in question the two sets of commissioners differed diametrically. The Americans placed the responsibility with the pelagic sealer; the British, with the lessees through their methods of sealing on land.