924 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



As a matter of fact, so far as the actual fishery is concerned, the 

 Americans have never prosecuted any fishery of any sort in New- 

 foundland waters, except the cod fishery, and even that cod fishery, 

 under the treaty, to a very limited extent only on the south coast, 

 between Rameau and Cape Ray. 



SIR CHARLES FITZPATRICK: So that the whole issue is narrowed 

 down to this miserable question of herrings ? 



SIR JAMES WINTER : Yes. the whole question ; and all the questions 

 in this case, have sprung out of the change of the relations between 

 the countries that took place in the year 1905, when the system of 

 permitting the Americans to come into our ports to purchase herring 

 was discontinued and stopped. The Americans then for the first 

 time clearly for the first time in the history of the whole matter, 

 came in and set up the claim which we resist. the claim, that is. to 

 catch herring in the Newfoundland waters by means of seines or 

 other contrivances. 



SIR CHARLES FITZPATRICK : As a matter of fact the whole question 

 of regulation is with respect to the herring fishery? 



SIR JAMES WINTER : The whole matter of regulation 



SIR CHARLES FITZPATRICK: As a matter of fact? 



SIR JAMES WINTER : I think that the only regulation that we under- 

 stand as substantially in issue in this case 



SIR CHARLES FITZPATRICK : " Substantially in issue " I should 

 have used those words. 



SIR JAMES WINTER: If that is what is meant? 



SIR CHARLES FITZPATRICK: Yes. 



SIR JAMES WINTER: The only regulation that as far as I am aware 

 is of any importance to either party in this case and that is involved 

 in the inquiry which is now going on, is a regulation relating to the 

 herring fishery, the method of carrying on the herring fishery. And 

 I may say right here that it is the question of purse seines, the ques- 

 tion whether or not the United States fishermen have the right to 

 come into the waters of Newfoundland and use purse seines in the 

 prosecution of the herring fishery which is really the only important 

 and substantial question at issue to-day around which, as it were, all 

 the other questions in this controversy revolve or to which they have 

 relation. 



SIR CHARLES FITZPATRICK : It gets down to this, then, as I under- 

 stand it, that to enable the American fishermen to prosecute the cod 

 fishery, it is necessary for them to have bait? 



SIR JAMES WINTER: Yes. 



SIR CHARLES FITZPATRICK: And that they, for a long time, have 

 purchased the bait from you? 



SIR JAMES WINTER : Yes, Sir. 



552 SIR CHARLES FITZPATRICK : And that you at one time refused 

 to make any further sales of bait ? 



