ARGUMENT OF SIR JAMES WINTER. 947 



THE PRESIDENT: But they would reserve to themselves the power 

 of forbidding it? 



SIR JAMES WINTER: Yes, that was intended, that they should 

 reserve the power at any time it would be considered expedient to 



forbid the shipping of crews in Newfoundland waters. 

 567 That was continued, without any friction and without any 

 difficulty, for twelve years, the negotiations for reciprocal rela- 

 tions going on all the time, Newfoundland hoping and expecting 

 that an arrangement satisfactory to both parties would be come to. 



When they failed, Newfoundland then stood upon what she con- 

 sidered, and upon what she still considers to be her legitimate and 

 constitutional rights in the matter. 



It is not necessary to go into a discussion, and we are not likely to 

 profit by any discussion of the wisdom or otherwise of the fiscal or 

 commercial policy of these countries on either one side or the other. 

 It is sufficient for our present purpose to show the Tribunal that in 

 this action or policy of the Newfoundland Government they were 

 acting, not only within their rights, but that they were not acting in 

 any way in hostility to or in derogation of the rights of the Ameri- 

 can people under the treaty of 1818, as counsel's observations might 

 make it appear they had done. His observations were to the effect 

 that this legislation was for the purpose of interfering with Ameri- 

 can fishermen in the exercise of their treaty rights. It was not so. 



The learned counsel also took exception to one of the provisions 

 of the recent regulations relating to the taking of herring with 

 seines over a certain portion of the coast from Cape LaHune, on the 

 west coast, and running by the west and north through the Straits of 

 Belle Isle to Cape John. He said at p. 2851 of the typewritten argu- 

 ment [p. 467 supra] : 



" Now by section 25 of the regulations dealing with the American 

 treaty coast, the prohibition of section 21 was reinforced by this 

 provision : 



" ' No herring, seine, or herring trap shall be used for the purpose 

 of taking herring on that part of the coast from Cape LaHune on the 

 west coast, and running by the west and north through the Straits 

 of Belle Isle to Cape John.' 



"An absolute prohibition upon the American treaty coasts against 

 taking fish at any season of the year by seines, but permission, by sec- 

 tions 21 and 24, to take fish by these means, for bait and for immedi- 

 ate use, by the local inhabitants during any period of the year. The 

 particular part of this coast to which I refer Cape LaHune com- 

 mences, I am told, about 30 miles to the eastward of the Kameau 

 Islands which are found here. It is an absolute prohibition to take 

 any herring with the seine extending all round here down to Cape 

 St." John which is here, these regulations having been made during 

 the time that both the American and French Fishery rights existed 

 on this coast, being made to take in both the French coast and the 

 American coast." 



