ARGUMENT OF SIE JAMES WINTER. 931 



In 1876, an Act was passed prohibiting fishing on Sundays. All 

 that we know of that, or all that there is upon record, and all that 

 anybody can find in relation to that matter, is that there was no 

 objection upon the part of the United States fishermen to that legis- 

 lation then, and for the reason that they were not taking herring. 



THE PRESIDENT : If you please, Sir James : Is this Act of 1876 in 

 the Appendix to the British Case? 



SIR JAMES WINTER : I think so, Sir. Yes, it is at p. 707. 

 THE PRESIDENT: Thank you, Sir. 



SIR JAMES WINTER : About the middle of the page, No. 119, sec- 

 tion 4. 



THE PRESIDENT: Oh, yes. 



SIR JAMES WINTER (reading) : 



" No person shall, between the hours of Twelve o'clock on Saturday 

 night and Twelve o'clock on Sunday night, haul or take any Herring, 

 Caplin or Squids, with nets, seines, bunts, or any such contrivance, 

 or set or put out any such net, seine, bunt, or contrivance, for the 

 purpose of such hauling or taking." 



And it will be noticed that, in the following year 



SIR CHARLES FITZPATRICK : If I understand you, now, you say that 

 you are dealing exclusively with the question of legislation in so 

 far as it may be considered as a regulation of the fishery ? You have 

 left the other legislation aside? 



SIR JAMES WINTER: What other legislation? 



SHI CHARLES FITZPATRICK : The legislation with respect to the sale 

 of fish, and the employment of Newfoundland fishermen. 



SIR JAMES WINTER: Certainly. 



SIR CHARLES FITZPATRICK: And you are now coming to the legis- 

 lation upon the subject of regulation pure and simple? 



SIR JAMES WINTER : I was not on the question of the sale of fish to 

 foreign fishermen at all. It only came up incidentally. 



SIR CHARLES FITZPATRICK : Well, I meant so far as it did come up. 



SIR JAMES WINTER: In order to explain the position, in order to 

 show that there was 



SIR CHARLES FITZPATRICK: I understand. I understand that, and 

 that you are now coming to the question of regulation, pure and 

 simple. 



SIR JAMES WINTER : Certainly. 



I am now proposing to deal only with the question of legislation 

 in relation to the observations of counsel on the other side as to 

 557 the objectionable character of this legislation, &c., making 

 such observations upon it as may be necessary ; but I shall be 

 very brief indeed in my comments, because the same observation ap- 

 plies to nearly all the legislation, and that is that the United States 

 made no objection to it. Some of these regulations did affect the 

 Americans in their fishery, and some did not. 



