ABGUMENT OP SIR JAMES WINTER. 949 



preservation and protection of the fisheries whether the United States 

 participated in them or not, as they did for a great period of the time 

 over which the legislation extended. It would be impossible and 

 utterly impracticable for the Newfoundland Legislature to devise or 

 contrive any rules or regulations which would injure the American 

 fishermen and not injure the Newfoundland fishermen as the fishery 

 is carried on. 



I will pass on to a few observations upon what was said by the 

 learned counsel in relation to the character of these regulations; that 

 is as to whether they were or were not necessary for the preservation 

 of the fishery and as to whether they were good or objectionable. I do 

 not know how far an enquiry of that sort would be relevant to the 

 present position of this case, because Question 1, which is submitted 

 to the Tribunal is, broadly and generally, as to the power or the 

 right of Great Britain, or the colony, to make laws and regulations 

 in relation to the prosecution of the fishery, and the question for the 

 Tribunal is: Assuming these regulations to be reasonable, whether it 

 is competent for the United States to object to them altogether, no 

 matter how reasonable they may be, and whether there is power to 

 pass them at all without the consent of the United States ? I do not 

 see that the criticisms of learned counsel upon these regulations have 

 any direct bearing upon or relevancy to the question which is before 

 the Tribunal ; but, in so far as they may have any bearing upon the 

 question, I must just refer to these observations and endeavour to 

 answe.r them very briefly and precisely as well as I can. 



Speaking of bultows and trawls, learned counsel I shall not refer 

 to his language, but generally made the observation that there was 

 great difference of opinion among qualified authorities as to the wis- 

 dom of legislating to prohibit the use of bultows or trawls. No doubt 

 upon this question there is a considerable difference of opinion, and 

 there probably will be for many years. Some scientific authorities 

 are of the opinion that regulations prohibiting the use of bultows are 

 not necessary, that bultows or trawls do not damage the fishery; 

 others are of the opinion that, on the contrary, they do, and particu- 

 larly in certain localities. Newfoundland has such legislation as it 

 considers desirable, after having considered the matter most care- 

 fully, and after having had the experience and the opinion of the 

 best qualified authorities in the country. It must be borne in mind 

 in any consideration of this question that the trade and commerce, 

 and almost the whole life and existence of Newfoundland depend 

 upon the successful prosecution of the cod fishery more than any 

 other fishery, and of other fisheries also, but to a minor degree, and 

 that it is not only the interest but the duty of the people and legisla- 

 tors of Newfoundland to study these matters carefully from day to day 

 and year to year. The result is that under our legislation, regula- 



