ARGUMENT OF SIR JAMES WINTER. 941 



THE PRESIDENT: Perhaps it would be convenient for you to con- 

 tinue this afternoon at 2 o'clock, Sir James? 



SIR JAMES WINTER : Yes, Sir. 



[Thereupon, at 12.10 o'clock p. M., the Tribunal took a recess until 

 2 o'clock P. M. 



AFTERNOON SESSION, MONDAY, JULY 4, 1910, 2 p. M. 



THE PRESIDENT: Will you please continue, Sir James? 



SIR JAMES WINTER (resuming) : When we adjourned for recess, 

 Mr. President, I had completed my examination of the legislation 

 concerning the fishery regulations down to the period when difficul- 

 ties arose out of the Foreign Fishing Vessels Act of 1905. 



I omitted to observe that before the Act of 1905 there had been 

 passed an Act in 1893 called "The Foreign Fishing Vessels Act." 

 That will be found at p. 730 of the British Appendix. 



Previously to that Act, I may observe also, there had been an Act 

 passed in 1892, to be found at p. 720. It is very short. That is really 

 a sort of continuation of the arrangement which I spoke of this 

 morning, which was come to in 1888 when the treaty was nego- 

 tiated at Washington in settlement of all troubles and difficulties, and 

 when what was called a modus vivendi was agreed upon between the 

 parties pending the ratification of that convention or arrangement; 

 and, under that modus vivendi the parties on both sides acted until 

 1892, practically. The arrangement was not carried through, the 

 convention fell through, the United States did not approve of it or 

 accept it, it did not receive the approval of the Senate of the United 

 States, and in 1892 this short Act was passed. It simply enabled the 

 Governor-in-Council to authorise the issue of licences to foreign 

 fishing-vessels enabling them to enter any port on the coasts of New- 

 foundland during the current year, and until the closing of the 

 Session of the Legislature to be held in the year 1893, for the follow- 

 ing purposes : 



" The purchase of bait, ice, seines, lines and all other supplies and 

 outfits for the fishery, and shipping of crews. 



" The fee for every such license shall be One dollar and fifty cents 

 per registered ton, and the terms and conditions thereof shall be 

 determined by the Governor-in-Council." 



and so on. 



Substantially that was to the same effect as the temporary arrange- 

 ment called the modus vivendi under which they had been acting. 



For that modus vivendi I would refer the Tribunal to pp. 426 and 

 427 of the British Case Appendix, where it will be found there was 

 the same arrangement continued for the year. 



