New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-08-09

subordinatcs IN this instance may any day be
,ugred against this government in efforts il
may fe compelled 20 make TO secure damages
tor American fishermen caught poaching In
Newfoundland. Canadian. Mexican or other
foreign waters.
Il Is believed that Mr.. Lembkey who Is re-
gar6ed as a safe and trustworthy official. acted
entirely within his rights and merely performed
his duty in adopting summary measures when
the poachers whom he attempted TO take prison
ers resisted arrest On the other hand. It is not
desired TO lay much stress this fact for the
reasons above stated. There is no expectation
that the killing OF the japanese will lead TO any
international complication. On the other hand,
81 is fully appreciated that Japan, for domestic
political reasons may regard &c necessary 70
make very emphatic representations 20 this
government, even though she ultimately re-
ce6es from her position after any public ex-
citement which the incident creates shall have
died down.
NOT NATIVE GUARDS"
Yesterday &C was not supposed az the State
Department that the killing was done by officials
OF the United States, Solicitor Sinls's dispatch
merely saying that it was done by native
guards" To-day &c was learned that these ma
tive guards are virtually special policemen
called upon by Lembkey 20 guard the rooker1es
OF the PTibyloff Islands. and that when the kill
ing occurred they fired at the command OF
Lembkey himself So that an incident which
yesterday was described at the State Depart
ment as ga brawl." to-day is recognized TO have
been case OF poachers killed by American Off
Gals in an effort 20 effect an arrest which the
poachers resisted.
The dispatch sent to Ambassador Wright was
merely for his information and in order that he
might be able to refute any exaggerated or err
roneous report which might reach Toxic. From
on the State Department will merely await
further developments. If anything more comes
OF the incident, from diplomatic standpoint it
VIII be the result of representations from
Japan which call for a reply. The next move is
Japan's.
DIFFICULT TO PROTFCv SEALS.
The occasion Of Solicitor sims's suggestion
that il the Attorney General deems it possible
the japanese poachers should be treated as
pirates is known to arise from the extreme diff
hculties which confront the guardians of the
seal herds on the Pribyloff Islands from depre-
dafions. The pelag!c sealers lie off the coast,
just outside OF the three-nile limit and shoot
the seals, males and females. Unfortunately,
The latter usually pregnant or nursing young.
when they come out 10 feed. AS long as they
AElildiu WITHOUT Inc Inree-Tnlle limit they are
without the Jurisdiction Of the United States.
But as the harvest is better within that limit
there is constant temptation to inside, and
as a rule chances are daily taken under cover of
the fog which generally prevails in that region.
Occasionally, as in the incident which occurred
on July IL, the poachers even land on the ISL
ands. club large number Of seals to DEATH skin
them and escape with their booty, often before
The native guards apprehend them.
Frequently the poachers will be caught within
the three-mle limit. or even on shore but will
not be detected in the act Of killing seals and
under these circumstances they cannot be taken
prisoners. II is to meet these cases, where there
is moral certainty. but no legal evidence Of the
intention Of the poachers that Solicitor Sims
would apply the laws against piracy but the
Acting Attorney General has held that this
cannot be done.
II is believed that for the remainder OF this
season the revenue cutters Perry il not too
seriously disabled, and the Manning will be
able 10 maintain an effective patrol of the
islands, and especially viii this prove the case
IL they are aided by the Rush. This question
will be decided later, when more definite news
IS received as to the condition of the Perry.
Solicitor Sims wishes to return TO the United
States. and hoped that the McCulloch would be
able 10 bring him at least part of the way back
The McCulloch was herself pierced by reef
of ST. Paul Island. and had intended TO proceed
70 San Francisco for repairs but Captain Can't
well reports that she is in condition return
70 patrol duty if that be deemed necessary.
REVENUE CUTTERS SUFFICIENT
The Navy Department officials say they do
not expect the situation in Alaskan waters TO
develop into such an acute situation as TO re-
qure the presence of naval ships on the scene
he of he
ties insist that it is not the occasion requiring
justifying the use OF a naval force the APP
pearance of which would give the incident an
international military aspect, which con-
nected with the government desires should be
impaired. The revenue cutter service is counted
upon TO handle the case fully and TO meet all
the demands which may be made upon the gov
eminent in the protection of the seal rookeries
against the depredations of the foreigners.
Special Agent Lembkey, who was in command
Of the guard which killed the five japanese and
made prisoners Of the others, has been for eight
years virtually the Governor of the Pribylon
Islands These islands, which consist of St.
Paul and St. George with number of rocky
islets. have a total population of 253 persons.
They are supported in part by the United States
government and in part by the North American
Commercial Company, which has the exclusive
right 10 kill seals on the islands, under regula-
lions prescribed by the Secretary of Commerce
and Labor.
RULES GOVERNING THE ISLANDS.
Lembkey's instructions for this season. which
were issued March 8. 1906, appoint as assist
ant agent Mr.. Judge and as additional agents
Messrs. Clark and Chichester, the latter having
been ordered TO remain on the islands through
out the winter Mr. Lembkey was instructed to
permit the killing of thirteen thousand seals on
ST. Paul and two thousand on ST. George during
the season. No seals under two nor over four