920 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



unite these two together for the purpose merely of bringing out the 

 fact that the legislation was of this character in both Acts, namely, 

 that they both contained provisions, regulations, and clauses under 

 which the American fishermen were enabled to procure bait by pur- 

 chase from the Newfoundland people. These Acts are still in force. 

 In 1888 an effort was made to effect a permanent arrangement with 

 the United States for the protection of the fisheries, and a treaty was 

 arranged with the United States, but the contemplated arrangement 

 finally fell through because the treaty w T as not confirmed or accepted 

 by the Senate of the United States. Under the modus vivcndi be- 

 tween the parties, which was arranged when the treaty was agreed 

 upon at first by the Commissioners, and which extended over a period 

 of three years, the United States fishermen were enabled to procure 

 bait in the waters of Newfoundland by simply applying for and 

 taking out a licence. This licence enabled them to purchase bait, 

 supplies, and other things freely in all the w r aters of Newfoundland 

 and Labrador. The treaty of 1818 did not expressly, of course, 

 enable them to do so even with regard to the west coast it only gave 

 them the right to take fish. As a matter of fact, there can be no dis- 

 pute that after the Bait and other Acts were passed and this system 

 of issuing licences to the American fishermen was adopted, they w r ere 

 enabled to purchase bait wherever they required it all around the 

 coast of Newfoundland, and no exception whatever was taken to it. 

 There was no reason for taking exception to it. It was convenient 

 for both parties. It was convenient for the United States fishermen 

 to come to Newfoundland and purchase the bait which they required 

 for the prosecution of their cod fishery, which cod fishery, it must 

 be remembered all through this case, was carried on, if not entirely 

 exclusively, almost exclusively, upon the banks of Newfoundland far 

 distant from the shore upon the one side and Labrador upon the other ; 

 any other fishery carried on by the United States fishermen upon the 

 parts of the coast to which this treaty refers, namely, the south coast 

 from Rameau to Cape Ray, being so small that I merely mention it, as 

 just an exception, if it can be called an exception at all; if they ever 

 did catch any fish upon that part of the coast it was to a very small 

 extent indeed. Their principal business I am not sure but their 

 whole business was the fishery upon the banks distant from the 

 shores and the coasts of Newfoundland on the one side, and of Labra- 

 dor upon the other ; and, for the purposes of their fishery, mainly on 

 the banks, this system of purchasing under licence was agreed upon 

 and carried out. 



THE PRESIDENT: They were required to pay a fee for the licence? 



SIR JAMES WINTER: They paid a fee. It was part of the arrange- 

 ment that, inasmuch as they had no right to these privileges, and the 

 question of their rights under the treaty and otherwise, was a matter 



