ARGUMENT OF SIR JAMES WINTER. 929 



fishermen in connection with the transaction of the cod fishery, 

 as bait? 



SIR JAMES WINTER: Yes, Sir, certainly. 



SIR CHARLES FITZPATRICK: Your first legislation was to cut them 

 out of the right to purchase the herring for bait? 



SIR JAMES WINTER: Except under licence. 



SIR CHARLES FITZPATRICK: Except under licence? 

 555 SIR JAMES WINTER: Because they had no right to that, 

 under the treaty. The legislation did not prevent it. 



SIR CHARLES FITZPATRICK : Next you legislated for the purpose of 

 preventing them from acquiring the herring for commercial pur- 

 poses, for trading purposes? 



SIR JAMES WINTER: Yes. 



SIR CHARLES FITZPATRICK : Then they were thrown back upon their 

 rights under the treaty ? 



SIR JAMES WINTER: No; we did not legislate to prevent them. 

 There was no fresh legislation to prevent them from getting it for 

 commercial purposes. 



SIR CHARLES FITZPATRICK : I understood you to say so. 



SIR JAMES WINTER : No ; the only fresh legislation 



SIR CHARLES FITZPATRICK : Leaving out the word " fresh " ? 



SIR JAMES WINTER : The only legislation, the only new legislation, 

 that took place that interfered with the business was that relating 

 to the purchase of herring for commercial purposes, and that is in 

 1905. 



SIR CHARLES FITZPATRICK : That is what I wanted to know. 



SIR JAMES WINTER : In 1905, when the law was passed forbidding 

 Newfoundland fishermen from engaging as crews of American fisher- 

 men, or forbidding American fishermen from hiring the Newfound- 

 landers as fishermen. 



SIR CHARLES FITZPATRICK: Now, you have got back to this 

 position 



THE PRESIDENT: Will you permit me to follow your question, Sir 

 Charles, with another one at this moment? 



SIR CHARLES FITZPATRICK : Certainly. 



THE PRESIDENT: Does not the Act of 1905 also contain a disposi- 

 tion that an American fisherman which has on board any herring, 

 caplin, squid, or other bait fishes which have been bought in the 

 harbours of this island, is to be confiscated ? 



SIR JAMES WINTER : Yes. 



THE PRESIDENT : And by this Act of 1905, were not the Americans 

 prohibited from purchasing bait fishes? 



SIR JAMES WINTER : Yes, Sir. 



THE PRESIDENT: That was the question you have been putting, 

 Sir Charles? 



