ARGUMENT OF SIR JAMES WINTER. 945 



hibited by statute, and by the power vested in the Governor-in- 

 Coimcil for that purpose. 



JUDGE GRAY: Sir James, what was the policy of that prohibition 

 of the purchase of herring? 



_ SIR JAMES WINTER : It was because the parties had come to a 

 deadlock over other commercial negotiations. They had been en- 

 deavouring to negotiate terms for a sort of reciprocity, mutual trade 

 relations, tariffs, and so forth, arid they had failed entirely in their 

 negotiations. The United States, on the one side, wanted to come 

 clown and get our herring and take them up to the United States, as 

 they had been doing. They got the herring arid imported them into 

 the United States free of duty, although purchased from Newfound- 

 land people, as appears abundantly by the correspondence. They 

 had been taking these herring into the United States market and 

 selling them. The Government of the day, the Government of New- 

 foundland, were endeavouring to make, as I have said, terms of reci- 

 procity with the United States under which herring and other fish of 

 Newfoundland might be admitted duty free into the United States 

 market in return for considerations or other privileges. 



JUDGE GRAY: It was retaliatory? 



SIR JAMES WINTER : Purely retaliatory fiscal legislation, one coun- 

 try legislating against another upon purely commercial matters. 



And this legislation of 1905 was followed by a more stringent 

 measure in 1906 on the part of Newfoundland, which prohibited the 

 fishermen of Newfoundland from engaging as part of the crew of 

 United States vessels. This policy or Act on the part of Newfound- 

 land was, as I have said, the outcome of this deadlock. 

 566 In order to show the position in which matters stood pre- 

 viously and down to this date, I refer the Tribunal to p. 424 

 of the Appendix to the Counter-Case of the United States, where 

 the speech of Sir "Robert Bond will be found explaining the reasons, 

 or the course of events which led up to, and, in his view, justified and 

 necessitated the passing of that. measure: 



" For fifteen years, by a free and generous policy toward our fisher 

 friends of the New England States, we have endeavored to show 

 them that in our desire to secure a measure of reciprocal trade with 

 their country we intend them no injury whatever; on the contrary, 

 we desire to compete with them on equal terms for the enormous mar- 

 ket that the 85 millions of people in the United States offers for 

 fishery products. In 1890 we said to the people of the United States, 

 Kemove the tariff bar that shuts our fishery products out of your 

 markets, and we will grant you all the supplies that you require at 

 our hands to make your fishing a success. The offer still holds good. 

 For the reason that I have explained, the past fifteen years the fisher- 

 men of the United States have received those supplies without the 

 tariff barrier to the admission of our fishery products into the United 

 States being removed by act of Congress, but we find the very 



