BY PROF. T. C. MENDENHALL.

Mr. Clark's interesting and, on the whole, fair review of my article

on Expert Testimony in the Bering Sea Controversy, printed in this

journal in 1897, might be allowed to stand, without comment, as the

best possible vindication of the work of the Bering Sea Commission of

1891-'92, and as strong corroborative evidence of the soundness of the

position taken in the article referred to. One or two quotations which

he makes, however, are placed in such relation to other parts of the

paper as to imply meanings which a reading of the article as a whole

will show were never intended. This is notably true of the description

of the frame of mind in which a scientific man should approach or

conduct any investigation, which Mr. Clark quotes, and the further

statement that, unfortunately, he often fails to come up to the

standard set, and especially when his own interests are involved.

It might easily be inferred that these remarks were meant to have

special application to the members of one or both Bering Sea

commissions, while as a matter of fact they were a part of the general

introduction, occurring some time before any reference is made to the

commissions. I should greatly regret having any one understand that

there was the slightest intimation of the existence of a "handsome

retainer," or anything of the sort, in connection with any or all of

the Bering Sea investigations.

As far as the American representatives on the first commission are

concerned, it is no harm to say that the pecuniary residual was

unfortunately affected by the wrong sign, and this was doubtless the

case as well with Dr. Jordan and his colleagues.

As to the truth of the statement regarding the "scientific expert," no

evidence need be offered here, for it is furnished by every court in

the land, and not a day passes that does not witness a struggle

between "experts" who have nearly always started from the same

premises, but whose conclusions are diametrically opposed to each

other. What I do want to say is that this is quite consistent with the

perfect honesty and good intent of the experts themselves. It is the

result of the limitations to which the operations of the human

intellect are still subjected, and it is a fact always to be reckoned

with in matters of this kind. There should be no skepticism as to the

honesty and frankness of Sir George Baden-Powell and Dr. George M.

Dawson in assuming an attitude so opposed to that of the American

commissioners in 1892.

Mr. Clark regards my article of 1897 as a "prediction of failure for

the new commission," an assumption quite unjustified and unsustained

by the article itself, in which the fullest recognition is shown of

the great value of the work of Dr. Jordan and his colleagues. Indeed,

the article was purposely prepared and published before the meeting of

the second commission, that it might not seem to be in any way a

criticism upon its work. Now that both commissions have made public

their findings, the whole matter is easily accessible, but Mr. Clark

is hardly just to the first commissioners on either side, by the

slight reference he makes to their separate reports to their

respective governments. A more careful study of both might have led to

some modification of his views, even concerning the partition of

authorship which he has ventured to make. It is no mean compliment,

however, to find him admitting, in regard to the report of the

American commissioners, 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." And this

admission lies adjacent to his assertion that "the investigations

conducted by the two commissions [of 1891] were, from a scientific

point of view, of the nature of a farce." The fact is, Mr. Clark seems

to have strangely misunderstood the character of the investigations

which were contemplated and desired. The natural history of the fur

seal was not the question submitted to the joint commission, except

in so far as it specially affected seal life in Bering Sea and the

measures necessary for its proper protection and preservation.

"Facts, causes, and remedies" were the subjects to be considered.

There is an old saying that the flavor of the pudding may often be

revealed by chewing the string, and no long and exhaustive

investigation was necessary to enable the American commissioners to

arrive at what Mr. Clark admits to be the "facts, causes, and

remedies" for the Bering Sea problem. Not many weeks were occupied in

the field, it is true, for the commission was delayed in its

appointment and notification, and the season was nearly over when it

reached the islands. But, as Mr. Clark justly remarks, one member of

the commission, Dr. Merriam, was already exceptionally well informed

concerning the habits of the fur seal, and some things may be so in

evidence that even a physicist can see them.

It is true that the _joint_ report of the commission of 1891-'92 was

meager, and the explanation lies close at hand in the unwillingness of

the American commissioners to swerve from what they were convinced was

absolutely true. Mr. Clark will look in vain for the "handwriting of

diplomacy mingled with that of science," for the appearance of which

in the report of the commission of 1897 he offers apologies, except,

indeed, it be the diplomacy of going straight at the facts without

concealment or evasion, on which Americans have sometimes prided

themselves.

The joint report was limited to that, and only that, on which the

commissioners were actually agreed, and the American commissioners

have explained in their separate report that had they been willing to

concede certain points the joint report would have been greatly

augmented in volume. Mr. Clark has reviewed the conclusions of the

commission of 1897, which he justly considers a most important and

valuable document. It has not escaped his attention that in a number

of the paragraphs of this report the American commissioners have

committed themselves to the approval of several doubtful statements,

such as that "the pelagic industry is conducted in an orderly manner,

and in a spirit of acquiescence in the limitations imposed by law";

that a certain number of females may be killed without involving the

actual diminution of the herd; the "tendency toward equilibrium

theory"; that the herd is still far from a stage that threatens

extermination, and others. These statements he excuses as "balm for

the wounded feelings of the pelagic sealer"; "a concession to

diplomacy"; "a diplomatic concession to take the sting out of the real

admission"; "another concession to diplomacy," etc. I do not wish to

be understood as questioning the necessity or wisdom of inserting

these paragraphs in the joint report, but is it not a little strange

that with them in, and apologizing for them as he does, Mr. Clark

should have selected this as a model of what the report of a

scientific commission ought to be and sufficient of itself to forever

fix the value of the scientific expert in the settlement of government

disputes? As I have already intimated, no one appreciates more highly

than I the great work done by Dr. Jordan and his associates in the

study of the natural history of the seal. May not the work of the two

commissions, as _bearing on the problem of the fur-seal industry_, be

summed up about as follows?--The report of the American members of the

first commission related facts, declared causes, and proposed

remedies. The American case at the Paris arbitration rested on these.

As almost universally happens, arbitration resulted in compromise,

unsatisfactory to both parties, and, as has since turned out,

decidedly unfavorable to one. The commission of 1897 has made a joint

report of considerable length and much importance, in which the

"facts, causes, and remedies" of the report of 1892 are in a sense

confirmed, but with a number of concessions that do not strengthen the

American contention regarding pelagic sealing, the justice of which

seems to be admitted by Mr. Clark. But the practical question is, What

has been the effect of either or both of these commissions upon the

fur-seal industry? It would be unkind to press this question upon one

who characterizes the work of the first commission as above quoted,

and who speaks of the second as having, after being in joint session

one week, "concluded its labors, reaching a full and satisfactory

agreement." If he really wishes to know what progress is being made

under such an agreeable state of affairs, let him inquire of the

International Joint Commission, which is endeavoring to arrange all

outstanding differences between this country and Canada.

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