THE CALIFORNIA PENAL SYSTEM.

States and Territories.Gold.Alaska$2,039,930Arizona3,185,490California14,883,721Colorado24,500,000Idaho2,273,902Michigan65,000Montana5,209,302Nevada2,959,731New Mexico360,000Oregon1,343,669South Dakota5,841,406Texas7,500Utah2,170,543Washington599,483Wyoming5,168South Appalachian States337,832—————Total$65,782,677

By CHARLES HOWARD SHINN.

Theoretically every new commonwealth in organizing its institutions can measurably avoid the errors of older communities, and can venture upon promising experiments elsewhere untried. In practice, however, new States are usually compelled to face unforeseen difficulties, and although their various departments gain something in flexibility, they lose in systematic organization. They have the faults as well as the virtues of the pioneer.

Penology, like every other department of human thought, is a battlefield of opposing principles. But I know of nothing in print more inspiring to the officers of the State engaged in prison and reform work than Herbert Spencer's Essay on Prison Ethics. It is likely that many of the people who should read it are not aware of its value and interest to themselves. Beginning at the foundations, Mr. Spencer makes a lucid exposition of the necessity of "a perpetual readjustment of the compromise between the ideal and the practicable in social arrangements." As he points out, gigantic errors are always made when abstract ethics are ignored.

If society has the right of self-protection, it has, as Mr. Spencer asserts, the right to coerce a criminal. It has authority to demand restitution as far as possible, and to restrict the action of the offender as much as is needful to prevent further aggressions. Beyond this point absolute morality countenances no restraint and no punishment. The criminal does not lose all his social rights, but only such portion of those rights as can not be left him without danger to the welfare of the community.

But absolute morality also requires that while living in durance the offender must continue to maintain himself. It is as much his business to earn his own living as it was before. All that he can rightfully ask of society is that he be given an opportunity to work, and to exchange the products of his labor for the necessaries of life. He has no right to eat the bread of idleness, and to still further tax the community against which he has committed an aggression. "On this self-maintenance equity sternly insists." If he is supported by the taxpayers the breach between himself and the true social order is indefinitely widened.

Such principles as these could easily have been made a fundamental part of the California prison system when the State was organized, for the famous Code of Reform and Prison Discipline, prepared about 1826 by a New Orleans lawyer, Edward Livingston, was well known to some of the ablest men of pioneer California, and a strongeffort was made to obtain its adoption in complete form. That remarkable code known as the Livingston system agrees with the Spencerian principles of ethics, and has been a source of inspiration for the most advanced penal legislation of recent years. Louisiana adopted it only in part, but Belgium has the Livingston code in its entirety. California, suffering under difficult local conditions, took a course in the liberal pioneer days that has for a time rendered progress along the lines of modern development extremely difficult.

>Warden W. E. Hale, of San Quentin.Warden W. E. Hale, of San Quentin.

California is a large and populous State, many portions of which are thinly settled and hard to reach. In early days it had many Spanish and Mexican outlaws, and became a refuge for criminals from all parts of the world. When the State was organized, money was extremely abundant, and every one had golden dreams. The idea of self-supporting prisons seemed absurd, not only because the rich young State seemed capable of supporting any expense, but also because no manufactures were yet established, and the most active penologist would have found it hard to find suitable employment for prisoners.

As time went on, the very strong labor unions of California, aided by many newspapers and politicians, accepted the principle that every dollar a convict earned was taken from some citizen, and that the State was bound to support its criminals in idleness. Numbers of good and earnest men in the service of the State as prison commissioners, wardens, and other officials studying methods elsewhere and mindful of local conditions, have made untiring efforts to stir the public conscience, and to gain recognition of a criminal's right to earn his own living by productive labor. As long ago as 1872 Hon. E. T. Crane, of Alameda County, chairman of a joint Assembly and Senate committee, made an excellent and progressive report on prison reforms. Something has been gained since then, and, though working under adverse conditions, the prisons have been excellently managed. But these results are due to individuals, not to the system, nor to the well-meant but often injurious enactments of legislatures meeting biennially for only sixty days.

Under the system of biennial State appropriations, nearly all institutions suffer at times from mistaken kindness, and at other times from undue parsimony. Since there is no general supervising board for the two State prisons and the two State reform schools, and no settled ratio of appropriation based upon the number of inmates, the friends of each institution naturally do their best to obtain as large appropriations as possible from each new legislature. Hence arise special visiting committees and combinations between legislators from different parts of the State to "take care of" institutions whose regular annual income should not be dependent in the least upon politics.

The appropriations made by the last two legislatures for all purposes connected with prisons and reform schools, including salaries of officials, are shown in the following table:

State Appropriations from July 1, 1895, to July 1, 1899 (Forty-seventh to Fiftieth Fiscal Years, inclusive).

Name of Institution.Sum granted.Average yearly grants.San Quentin Prison$615,153.40$153,788.35Folsom Prison488,000.00109,500.00Preston School of Industry237,000.0059,250.00Whittier State School403,000.00100,750.00Transportation of prisoners150,000.0037,500.00———————————————Totals$1,848,153.40$460,988.35

Some small appropriations for improvements are necessarily included in these totals, but nothing more than may be expected every year or two. It is proper to rate the average annual expense of these institutions at nearly half a million dollars, nor can this sum be materially reduced until the State accepts the fundamental principle that prisons should be made nearly or quite self-supporting.

San Quentin was once managed to some extent on the contract system. Furniture-makers and other manufacturers paid half a dollar a day for each convict employed, and at one time as many as eight hundred men were thus utilized, giving the prison an income of twenty-four hundred dollars a week. The system was so violently attacked by labor unions that it was finally abandoned, and now I am told that convict-made furniture, stoves, and other articles such as were formerly made at San Quentin are brought to California from Joliet, Illinois, and other places by the carload.

Having abandoned the contract system, the State decided to make jute bags, chiefly for grain, and to sell them as nearly as possible at cost direct to the consumers, so as to help the agricultural classes. Machinery costing $400,000 was obtained in England, andafter many difficulties a factory was established at San Quentin. The price of raw material fluctuates greatly, and the mill has sometimes lost money, sometimes made a somewhat nominal profit. During the fiscal year ending June 30, 1891, for instance, 2,574,254 pounds of goods were manufactured at a total operating expense of $160,684.07, and were sold at a price which nominally gave $40,275.07 profit. But no sinking fund was allowed for, to cover wear and tear of machinery, nor did the operating expenses include even the maintenance of the convicts while at work. The following fiscal year the profit estimated in the same way was $39,293.18. During the fiscal year 1893-'94 the loss on the jute mill was $14,660.22; in 1894-'95 there was a profit of $6,670.56; and in 1895-'96 a loss of $12,288.45.

In five years, therefore, there was nominally a profit of about $60,000 in this department, but since neither interest, sinking fund, nor maintenance of the laborers is included among the expenses, the system can be looked upon only as a means of giving needed exercise to the prisoners and cheap grain sacks to the farmers. Financially it is a burden to the taxpayers. The old contract system had its drawbacks, but it at least afforded a profit, and gave convicts a chance of learning something about certain trades at which they could perhaps work when released; the jute mill not only offers no such opportunity, but is in other ways peculiarly unfit for modern prison requirements, since all operations in such mills can be stopped or delayed by the misbehavior of a few operatives. Far better are industries wherein small groups or individuals are engaged in various separate minor operations. Besides this, the sacks made by prison labor will probably have only local uses hereafter, because of a recent act of Parliament which is held to prevent wheat shipments in such sacks.

The Folsom Prison owns a magnificent water power and enormous quarries of granite. Between 1888 and 1894 convict labor amounting to 683,555 days were expended upon a dam, canal, and powerhouse, and over 2,000 horse power can already be used. About 250 horse power is now utilized by the prison for electric lights, ice manufacture, and other purposes. The quarries are being worked to some extent, and crushed rock for roads is sold at cost or nearly so. There is a farm that supplies many articles at less cost than if purchased in the market. At Folsom, as at San Quentin, the authorities do all in their power to economize, and to utilize convict labor, but the policy of the State prevents definite progress.

Meanwhile the reports of the prison directors and wardens and the messages of Governors have urged in the strongest terms a change. The biennial report of 1892-'93 and 1893-'94 says respecting the great Folsom water power: "If we can use this power solely with regardto profitable results to the State, we can return each year a surplus into the State treasury. We do not think that the State should refrain from working its convicts or utilizing its advantages because it may have some effect upon other businesses. All over the United States prisoners are engaged in manufacturing, and our investigations lead us to believe that the effect of prison competition, so called, is greatly overestimated."

Folsom State Prison.Folsom State Prison.

The biennial report of 1894-'95 and 1895-'96 returns to the subject, states that the jute mills can not be a success under the restrictions of the present law, and urges that they should be run on a business basis, for a profit. It continues, "One source of profit would be to make use of the granite owned by the State" (at Folsom). It suggests a consolidation of the two prisons at Folsom, where, with prison labor and free power, and granite on the ground, a model prison could be constructed. Warden Aull, of Folsom Prison, in discussing the subject in 1896, said that for nine years the improvements there have employed the convicts, but now some new scheme must be devised. "The convicts must be kept at work. Every consideration of discipline, economy, reformation, and health demands this." But he believes that it will not pay the State to make shoes, blankets, clothing, brooms, tinware, etc. (as has been suggested at various times) for the eight thousand inmates of our State institutions. There are over two thousand convicts at Folsom and San Quentin. Only asmall part of these, he says, could be utilized in making goods for State institutions, nor would there be any profit unless manufacturing was on a large scale for the outside markets as well. The experiment that New York is making will be watched with much interest here.

The California labor unions recently adopted resolutions favoring "the quarrying of stone by convict labor, and the placing it upon market undressed at a low figure, in order to give employment to stone-cutters, stone-masons, and others employed on buildings." The State rock-crushing plant, if kept running, will utilize the labor of about two hundred and fifty convicts. Any advance beyond this point means open war with all the labor unions.

Evidently the time when the prisons of California are to be entirely self-supporting is still remote, and the public as well as the union need much more education upon the subject. Some reduction of expenses, together with any utilization of convict labor that indirectly benefits a few classes, is all that can be hoped for at present, but ultimately the reformation of the criminal by making him capable of self-support as well as anxious to live in peace with society, will be recognized as the aim of wise penal legislation.

There is no doubt but that many profitable industries can be found, as yet unnaturalized in California, and therefore coming only incidentally into competition with existing industries, but well adapted to prison labor. One of these industries is the growth and preparation of osier willows of many species, and their manufacture into many useful forms, especially into baskets for fruit pickers and for wine makers. Another possible industry is the growth and preparation of various semitropic species of grasses and fiber plants, from which hat materials, mattings, the baskets used in olive-oil manufacture and a multitude of other articles can be made. The sale of crushed rock at Folsom should, of course, be at a price which at least pays for the sustenance of the convicts employed. The enormous water power of the prison should ultimately be fully utilized for manufacturing purposes.

Let us now turn to a consideration more in detail of the separate prisons, and to a brighter side—that which concerns the men who are doing the best they can with a bad system. San Quentin, the oldest of the two, has been for six years under the wardenship of an able and attractive man, William E. Hale, formerly Sheriff of Alameda County. Those who have read the wonderfully interesting reports of the National Prison Convention are familiar with his methods and views. The report for 1895 (Denver meeting) shows that Warden Hale, in the breadth and sanity of his views, easily takes rank among the best wardens of the country. He thoroughly understands California and the Californians, and while progressive hasnever attempted the impossible. In his various reports and addresses he especially urges more industrial schools, better care of children, and more kindergartens, such as those established in San Francisco by the late Sarah B. Cooper. And, indeed, who can read Kate Douglas Wiggin's story of Patsy without recognizing the value of kindergartens in the prevention of crime? The San Francisco police once traced the careers of nine thousand kindergarten pupils, and found that not one had ever become a law-breaker.

Last summer San Quentin was the scene of an "epidemic of noise" on the part of many of its inmates. Some of the newspaper accounts of the affair were painfully exaggerated, and the prison management in consequence was severely criticised. The fact is that the outbreak was quelled rapidly and effectually, without outside help, with only a few days' interruption of work on the jute mill, and without injury to any person. A hose was simply turned into the noisy cells until their inmates were subdued.

There have been very few escapes in the history of the prison, and none in recent years. Its situation, on the extreme eastern end of a rocky peninsula of Marin County, projecting into the bay of San Francisco, is extremely well chosen for safety and isolation. The State owns a large tract here, but it is very poor soil, and much of its surface clay has been stripped for brick-making, so that no income from it is possible unless more bricks can be made and sold. The prison accommodations are extremely cramped, and large quantities of brick should be used in needed extensions. Many small industries could be carried on here, if permitted, for water carriage to and from San Francisco is very cheap. Heavy manufactures requiring expensive steam power are not justified here.

The abandonment of the large State improvements at San Quentin seems contrary to the dictates of economy. Equally unwise is the suggestion that it be made a prison to which only the most dangerous classes of criminals should be sent. On the other hand, Folsom, with its quarries and water power, seems fitted for a receiving prison, where all convicts, without exception, should be placed on indeterminate sentences at hard labor, and from which, on good behavior, on the credit system, they might be removed by the prison directors to San Quentin, there to work at more varied but no less self-supporting trades. The ponderous jute-mill machinery should all be transferred to Folsom, where power is now running to waste. At San Quentin, first, the State should adopt more advanced reformatory methods.

Official statistics of the two prisons contain many interesting features. In mere numbers the increase during the past two decades has not kept pace with the increase in the State's population. San Quentinat present usually contains about fourteen hundred and Folsom about nine hundred, but an increase equal to the gain in population would give them three thousand instead of twenty-three hundred. Even during the so-called hard times of recent years there has been no marked additions to the criminal classes in California, and the two great strikes—that of the ironworkers and that of the railroad brakemen and firemen—led to surprisingly few violations of the laws.

Close observers say that there has been a marked increase during the past decade in the number of tramps, and that petty criminals have increased everywhere. But there are no statistics of the county and township jails. It seems certain that many villages and small towns, even where incorporated, have increasing trouble with gangs of hoodlums who are rapidly fitting themselves for State prisons. The reform schools have been largely recruited from this semi-criminal element, but stronger laws, swifter punishment, more firmness in dealing with young offenders, and, in brief, a higher grade of public sentiment on the part of citizens of small towns is evidently necessary. According to recent discussions in the New York Evening Post, the same sort of thing occurs in staid New England, and there, as here, it is one of the most serious problems of the times. From such a class of idle and vicious boys the prisons will hereafter be recruited, rather than from newcomers.

The nativity tables of both prisons show that the number of California-born convicts ranges in recent years from eighteen per cent in 1890 to nearly twenty-five per cent in 1895-'96. In that year in San Quentin, out of 819 American-born convicts, 314 were born in California, 68 in New York, 44 in Pennsylvania, 41 in Illinois, 36 in Ohio, and 35 each in Massachusetts and Missouri. Oregon sends 12, Arizona 10; Washington and Nevada are represented by only one apiece. The Southern States, excepting Kentucky and Virginia, send very few. Something the same proportion throughout holds at Folsom, and fairly indicates the States from which the population of California is chiefly drawn. The total of American nativity at San Quentin is sixty-four per cent; at Folsom, as last reported, it was about sixty-five per cent. Of the foreign born (thirty-six per cent at San Quentin), 99 out of 481 were Irish, 82 were Chinese, 56 were German, 49 were Mexican, and 44 were English. No one doubts that the laws are strictly enforced against the Chinese and the Mexicans (meaning Spanish-Californians); the other classes have votes and influence, and often have better chances for avoiding punishment for misdeeds. Japan contributes only one convict to San Quentin and two to Folsom. The Chinese as a rule go to prison for assaults upon each other ("highbinding"), for gambling, or similar offenses, but seldom for crimes against Americans. The Mexicans generally cometo grief from an old-timepenchantfor other people's horses, or from drunken "cutting scrapes."

A racial classification attempted at Folsom showed that out of 905 convicts 704 were Caucasian, 89 Indian and Mexican, 62 Mongolian, and 50 negroid. I do not find this elsewhere, so it may stand alone as merely one year's observations.

Of much more importance are the statistics of illiteracy, kept for a term of years. Warden Hale reports in 1896 that out of 1,287 prisoners, 120 can neither read nor write, 220 can read but can not write, and 947 can both read and write. Of course, many who are rated in the third class read and write very poorly, and a careful classification in terms of the public-school system is essential to clearness. Warden Aull, at Folsom, reports that out of 905 convicts, 6 are college men, 81 are from private schools, 53 from both public and private schools, 582 have attended public schools only, and 147 are illiterate, while the remaining 36 call themselves "self-educated."

According to the evidence of the wardens, no full graduate of any American university has ever been an inmate of either prison. The so-called college men were men who had spent some time at a college of one kind or another. So-called professors appear among the convicts, but I have been unable to discover that any professor in an institution of standing has been at either San Quentin or Folsom since its establishment.

The preceding statistics of illiteracy are defective, but some additional light can be had from the tables upon occupations. Among 905 prisoners at Folsom, 96 occupations were represented. In round numbers, thirty-four per cent were mechanics, twenty-nine per cent were rated as laborers, twenty per cent were in business, and seven per cent were agriculturists. But a closer analysis of the statistics on this point shows that nearly fifty-seven per cent of the entire number came from the following occupations: acrobat, barber, bar-tender, butler, cook, gardener, hackman, hostler, laborer, laundryman, mill-hand, miner, nurse, sailor, vaquero, and "no occupation" (22).

The classification of crimes is very complete in all prison statistics, and usually follows the legal phraseology. Nearly all come under three great divisions—crimes against property, crimes of anger, and crimes which arise from a perverted sexuality. From year to year the proportion in these great divisions varies but little. In 1894 out of 1,287 convicts, 796 were sentenced for crimes against property, 358 of which were for burglary, 170 for grand larceny, and 39 for forgery; there were 343 commitments for assaults and murder, 188 of which were for murder in either the first or the second degree; lastly, there were 85 commitments for rape and other sex crimes.This was a typical year, and will serve to illustrate for all and at both prisons.

The terms of imprisonment are long: out of 1,300 men in one annual report, 143 were for life, and 392 for ten years or more. Over 300 prisoners had served more than one term, and some were even serving their eighth term. Some at Folsom have reached their twelfth term. The ages of the prisoners have ranged from sixteen to eighty-six, but the danger period is evidently between eighteen and forty.

All of the prison officers agree respecting the bad physical condition of the convicts. Many of them are weak and ill when they enter the prison; many are the victims of unnamable personal vices. The physicians at San Quentin in 1895 reported 27 cases of scrofula, 30 of syphilis, 22 of epilepsy, 29 of opium habit, 62 of rheumatism, 70 of typhus fever, and 124 of general debility. Medical statistics at Folsom show similar conditions, aggravated by the malarial climate of that locality. The death rate, formerly higher at Folsom than at San Quentin, is now considerably lower, owing to the much better accommodations for the prisoners, and the hard outdoor labor required. In 1896 it was but .79 of one per cent.

It is gratifying to observe that the cost of maintenance of the prisoners has been gradually reduced. Nearly thirty years ago legislative committees reported that the cost of running the State's prisons was four or five times as much in proportion to the inmates as that of any other State in the Union, and that the prisoners lived better than the average landowner. More economical methods were gradually adopted, and by 1891 the cost per diem of a convict was 40 cents. This has been still further reduced; at San Quentin to 30.45 cents, and at Folsom to 32.50 cents.

There will always be outside criticisms of the food supplied as "too good for convicts," but it is merely that of ordinary field laborers, with much less variety. Under California conditions it could not well be made cheaper. If the food statistics of the prisons were so compiled as to separate the butter, olives, raisins, canned fruit, etc., properly used on the tables of officers and wardens, from the articles purchased for the prisoners, much misapprehension would be prevented.

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 dailymaintenance 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.

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 aphysicist, 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 amplifyand 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 betaken 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.

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 betaken 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 years1896 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 wormUncinaria; 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.

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 wormUncinaria; 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 theherd. 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.

To any one who is at all familiar with the conspicuous part which the theories of close killing, and especially overdriving, played in the British contention before the Paris Tribunal of Arbitration, this full and frank vindication comes as a refreshing surprise. That it should be agreed to by British scientific experts ought to revive even Dr. Mendenhall's faith. It is true that the statement is carefully limited to the seasons under observation, but neither the principle nor the methods of land killing have been altered within the past half century except in so far as they have been improved. It was an absurd and foolish theory which ascribed to the treatment of the non-breeding and superfluous male life of a herd of polygamous animals responsibility for the decline of its breeding stock, but it served a purpose useful to Canadian interests before the Paris tribunal. It is now forever eliminated from the fur-seal question.

10. The pelagic industry is conducted in an orderly manner, and in a spirit of acquiescence in the limitations imposed by law.

This statement is true, though wholly irrelevant to the question of the efficiency of the regulations themselves. Moreover, it stands as an implied impeachment of the active and efficient patrol fleet constantly maintained by the United States and Great Britain for the enforcement of the regulations governing the pelagic industry. For example, there were in 1896 five American and three British vessels engaged in active patrol of the waters of Bering Sea. One would think it a foregone conclusion that the pelagic industry should be law-abiding, whether of its own volition or not. In addition to all this, however, the regulations are as admirably suited to the needs of the pelagic sealer as if he had himself prepared them. There is, therefore, no reasonable incentive to violate them. Viewed in this light, this statement seems ludicrous, but it has a justification not evident at first sight.

The British experts demanded this statement as a balm for the wounded feelings of the pelagic sealer, and, such being the fact, the American commissioners assumed that it could do no harm to place it on record that he has conformed to the requirements of the law. But from the American point of view this paragraph has a wider and deeper meaning. We have seen in the opening paragraph that the decline in the herd has been continuous and uninterrupted during the period of the Paris regulations. It is admitted in paragraph 8 that the decrease for this same period has been a "notable" one. The rate is specified in paragraph 7 as from "nine to twelve per cent" during two years when the regulations were rigidly enforced. It only requires the climax of paragraph 10, asserting the perfect observance of the regulations, to complete their condemnation.

11. Pelagic sealing involves the killing of males and females alike, without discrimination and in proportion as the two sexes coexist in the sea. The reduction of the males effected on the islands causes an enhanced proportion of females to be found in the pelagic catch; hence this proportion, if it vary from no other cause, varies at least with the catch on the islands. In 1895 Mr. A. B. Alexander, on behalf of the Government of the United States, found 62.3 per cent of females in the catch of the Dora Sieward in Bering Sea; and in 1896 Mr. Andrew Halkett, on behalf of the Canadian Government, found 84.2 per cent in the catch of the same schooner in the same sea. There are no doubt instances, especially in the season of migration and in the course of the migrating herds, of catches containing a different proportion of the two sexes.

There are two ways and two alone whereby killing by man affects the fur-seal herd—namely, killing on land and killing at sea. Land killing has been vindicated in paragraph 9. We have here the necessary condemnation of pelagic killing expressed in equally full and frank terms. Land killing takes only males and leaves an adequate supply of bulls for breeding purposes; pelagic killing takes males and females alike, the latter sex constituting 62 to 84 out of every 100 killed.

It is not a vital matter that the female sex should be found to predominate in the pelagic catch, except in so far as it proves the falsity of the returns made so persistently by the Canadian sealing captain that the sexes are taken in virtually equal proportion at sea. The essential thing is that females are killed at all. That three fourths of all the animals taken at sea (during one season 140,000 animals were so taken) are of this sex only emphasizes the destructive nature of this industry.

12. The large proportion of females in the pelagic catch includes not only adult females that are both nursing and pregnant, but also young seals that are not pregnant and others that have not yet brought forthyoung, with such also as have recently lost their young through the various causes of natural mortality.

This statement is put in the mildest possible form out of consideration for the old-time British contentions that the breeding females did not leave the islands while their young were dependent upon them, and that those taken at sea were "barren." The investigations of 1896 and 1897 proved conclusively that every female of two years old and over taken at sea was pregnant, and that those over two years of age when taken in Bering Sea were in addition nursing, having dependent pups on the islands. The manner of statement seems to imply an equality in importance between "young" seals and "adults." As females are never killed on land, they are naturally of all ages when found at sea, and the young animals (yearlings and two-year-olds) are necessarily vastly in the minority.

13. The polygamous habit of the animal, coupled with an equal birth rate of the two sexes, permits a large number of males to be removed with impunity from the herd, while, as with other animals, any similar abstraction of females checks or lessens the herd's increase, or, when carried further, brings about an actual diminution of the herd. It is equally plain that a certain number of females may be killed without involving the actual diminution of the herd, if the number killed does not exceed the annual increment of the breeding herd, taking into consideration the annual losses by death through old age and through incidents of the sea.

This paragraph is really supplementary to 9 and 11. Neither the methods nor yet the principle of land killing are at fault. The animal being polygamous, a part of its male life can be removed with impunity. On the other hand, the killing of females leads to disastrous results.

The concluding sentence is a concession to diplomacy. It is true that a certain number of females may be killed without producing actual diminution. If pelagic sealing were stopped to-day the herd would naturally begin to increase. The measure of its increase would be the difference between the natural loss of adult breeders through old age and incidents of the sea, on the one hand, and the yearly accession of young breeders to bear their first pups, on the other. We can closely estimate the latter factor. It was equal, for example, to the quota of 20,000 in 1897, or sixteen and two thirds per cent of the birth rate. The quota was composed of males of approximately three years, and we may assume that a like number of three-year-old females entered the rookeries for the first time in the same season. We have then a gross gain to the breeding herd of sixteen and two thirds per cent.

We have no means of exact estimate for the loss of adult femalesbecause we do not know the period of life in the female. If, however, we estimate it at thirteen years, which seems to be a conservative figure, the animal would have ten years of breeding life. Then, from old age alone, ten per cent of the adult breeding females must die annually. This leaves a net gain of six and two thirds per cent with accidental factors unaccounted for. The killing of females which does not produce actual diminution must come well within this margin of six and two thirds per cent. It only remains to be stated that the pelagic catch of 1897, which was the smallest on record since 1884, exceeded fourteen per cent.

14. While, whether from a consideration of the birth rate or from an inspection of the visible effects, it is manifest that the take of females in recent years has been so far in excess of the natural increment as to lead to the reduction of the herd in the degree related above, yet the ratio of the pelagic catch of one year to that of the following has fallen off more rapidly than the ratio of the breeding herd of one year to the breeding herd of the next.

This paragraph corrects possible erroneous implications which might be drawn from the truism in the preceding paragraph. A certain number of females may be taken, etc., but so many in excess of the safety limit have been taken that the herd has been reduced "in the degree related above"—that is, for 1896-'97, nine to twelve per cent, and for 1884-'97, fifty to eighty per cent.

Dr. Mendenhall said: "It will be impossible to know absolutely which group of scientific experts was right (in 1892) in regard to pelagic sealing." The admission made in this paragraph, taken together with other admissions made in paragraphs 11 and 12, effectually disproves this prediction. It ought to be a source of gratification to Dr. Mendenhall and to his colleague, Dr. Merriam, to find it thus clearly proved that they were right and their British associates wrong.

The final clause is here again a diplomatic concession to take the sting out of the real admission. The rapid fall in the pelagic catch as compared with the more even decline of the breeding herd is a natural phenomenon. Pelagic sealing not only destroys the herd, but it is necessarily self-destructive because it preys upon its own capital. The more successful it is the sooner it must cease. With the decline of the herd it is itself declining, and the rapidity of its fall proves the nearness of the end. For the years since 1894 the pelagic catch has been 61,000, 56,000, 43,000, and 25,000 respectively. It is a significant fact that in four years, under regulations which permit the pelagic sealer to take all he can get, the product of his industry has fallen to less than one half.

15. In this greater reduction of the pelagic catch, compared with the gradual decrease of the herd, there is a tendency toward equilibrium, ora stage at which the numbers of the breeding herd would neither increase nor decrease. In considering the probable size of the herd in the immediate future, there remains to be estimated the additional factor of decline resulting from reductions in the number of surviving pups, caused by the larger pelagic catch of 1894 and 1895.

The two statements in this paragraph are not related. The first is a part of the preceding paragraph and is self-evident. Should the pelagic catch continue to decrease, as it must, it will eventually come within the margin of six and two thirds per cent. It has yet to fall far before this end is reached. Then will come that much-mooted "equilibrium," when the herd will be too insignificant to be worthy of attack—the equilibrium of ruin. There is no comfort in this prospect, either for the pelagic sealer or for the owner of the herd, and it takes no note of the injury which has been accomplished in the past, much less of possible restoration in the future. The equilibrium here suggested is purely a figure of speech, another concession to diplomacy.

The final statement of this paragraph is more important. The starvation of pups as a result of the killing of mothers at sea has been a fact strenuously denied from the first by the British side of the fur-seal controversy. After the actual counting of 16,000 of these starved pups in 1896, this position could no longer be maintained. At the same time a specific admission of the fact of starvation and of the destruction of unborn pups was too difficult a matter for the British experts to face. These facts are left to be inferred from the "reductions in surviving pups" here noted and from the admission that "nursing and pregnant females" are taken in the pelagic catch. Stated directly, it is here admitted that on account of "the larger pelagic catch of 1894 and 1895," numbers of pups starved to death on the rookeries or died unborn with their mothers which in the course of Nature should have reached the killable and breeding age.

16. The diminution of the herd is yet far from a stage which involves or threatens the actual extermination of the species, so long as it is protected in its haunts on land. It is not possible during the continuation of the conservative methods at present in force upon the islands, with the further safeguard of the protected zone at sea, that any pelagic killing should accomplish this final end. There is evidence, however, that in its present condition the herd yields an inconsiderable return either to the lessees of the islands or to the owners of the pelagic fleet.

The statements of this concluding paragraph must be taken in close connection, and the "ifs" must be carefully noted if they are not to prove very misleading. The opening sentence refers to the biologic extinction of the herd as contrasted with its commercial ruin. The former is as yet far off, the latter is a matter of history, asis admitted in the concluding statement—"an inconsiderable return." This means simply that the herd has ceased to be a commercial factor, and henceforth under present conditions sealing, whether on land or at sea, must be conducted at a loss.

This has an important bearing upon the suggested impossibility of bringing about the extinction of the species. It all depends upon whether present conditions are maintained. The breeding islands and the sixty-mile protected zone must be guarded. It cost the United States $175,000 for patrol in 1896. England's expense was less, but still considerable. It is beyond reason that this expensive protection should be continued at a loss or without hope of ultimate restoration of the herd. Remove the protection for a single season and the herd would be practically exterminated. A scattered remnant would doubtless escape to maintain a melancholy equilibrium, or perhaps to recuperate and again attract the cupidity of some adventurous sealing captain, but the herd as such would be at an end.

Stated without reference to diplomatic necessities, this concluding paragraph admits two important things: first, that the herd of fur seals resorting to the Pribilof Islands is commercially ruined; second, that its extinction as a species only awaits the abandonment of certain arduous and costly measures of protection now maintained solely in the hope of more adequate protection and the ultimate restoration of the herd.

Such was the work of the Conference of Fur-Seal Experts of 1897. The handwriting of diplomacy is mingled with that of science in its findings, but the resulting obscurity affects only minor matters. The important issues of the vexatious Bering Sea controversy are squarely met and finally settled. It is needless to say that there no longer exists a fur-seal question. It is merely a question of how to get rid of the destructive agency of pelagic sealing. This is a matter for diplomacy to adjust. Any odium which may have attached to the "man of science" as a result of the failure of the meeting of 1892 is effectually wiped out, and if the lesson is read aright by the nations, henceforth the scientific expert must be counted an essential factor in the settlement of governmental disputes.

In a paper on the industrial applications of electro-chemistry, Mr. Thomas Ewan points out as among those that may yet be developed, that it is possible, by compressing sulphur dioxide and air into separate carbon tubes dipping in sulphuric acid, to cause the two gases to combine to form sulphuric acid, and at the same time furnish an electric current. "The alluring prospect," he says, "of obtaining electric energy as a by-product in a chemical works should be a sufficient incentive to efforts to overcome the numerous difficulties in the way."

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