392 MISCELLANEOUS 



confined to affirming the conviction by the Magistrate on the lines 

 of a violation of the Bait Act. 



I have, &c., WM. MACGREGOK. 



[Inclosure No. 1.] 



ATTORNEY-GENERAL'S OFFICE, 

 St. John's, Newfoundland, May 7, 1907. 



SIR: I beg to inform you that a judgment was given to-day by the 

 Chief Justice, concurred in by Mr. Justice Johnson (Mr. Justice 

 Emerson intimating that he would give a judgment later, but not 

 indicating the nature of the same), in the case of O'Reilly versus 

 Dubois and Crane. I enclose you the full text of the judgment taken 

 from the Evening Herald newspaper of this evening's date. You will 

 notice that the decision in no way involves an interpretation of the 

 Treaty or of the Modus Vivendi, but proceeds entirely on the lines 

 of a violation of the Bait Act. 



I have, &c., E. P. MORRIS, 



His Majestifs Attorney -General. 



His Excellency Sir Wai. MACGREGOR, K. C. M. G., C. B., &c., &c., &c. 



[Inclosure No. 2.] 

 [The Evening Herald, St. John's, Newfoundland, Tuesday, May 7.] 



SUPREME COURT CRANE, ET AL, APPELLANTS, VerSUS O'REILLY, 



RESPONDENT. 



This morning Chief Justice Horwood and Justice Johnson, consti- 

 tuting a majority of the Court, delivered their judgments in this 

 case, confirming the decision of Magistrate March and dismissing the 

 appeal. 



Justice Emerson stated that as he had been on circuit he had not 

 had time to deal with the matter and would give his judgment later. 



Judgment of Chief Justice : 



The appellants are local fishermen who have been charged upon 

 the complaint of the respondent, a special commissioner appointed for 

 the purpose of enforcing the Bait Act, with unlawfully putting on 

 board the schooner Ralph L. Hall, of Gloucester, Massachusetts, 

 United States of America, a quantity of bait-fishes, to wit, a barrel 

 of herring without a license for that purpose, contrary to the provi- 

 sions of the Consolidated Statutes (second series) Chapter 129, 

 entitled of " The exportation and sale of bait-fishes." 



Upon the hearing before the Magistrate at Bay of Islands, it, was 

 proved that Crane and Dubois put herring on board the schooner 

 Ralph L. Hall, that one of them was seen to dip up herring from a 

 dory alongside the schooner and pass them to the other on the deck 

 of the schooner; that they subsequently admitted that they had put 

 on board the schooner three or four barrels of herring -while the ves- 

 sel was at Woods Island, and that they had not a license. Crane and 

 Dubois, while on shore at Woods fsland, were engaged, under a 

 verbal agreement, to form part of the fishing crew of the Ralph L. 

 Hall. Under this agreement, they were to receive $1 per barrel for 

 herring, and were to be furnished by the schooner with boats and 

 nets, to pay for the nets in event of loss. In pursuance of this agree- 



