ARGUMENT OF SIB JAMES WINTER. 961 



SIR JAMES WINTER : There is some evidence, and I shall refer to it. 

 I shall refer to it, before I finish, and satisfy the Court upon that 

 point also that upon the very best authority that can be had, that 

 is, those who are qualified fishermen, it will be found exactly as I 

 have stated, and that is that on the coast of Labrador it is different 

 from the other parts not only of the coast of Labrador, but other 

 parts of the coast of Newfoundland in that respect. What may be 

 the reasons for it, I am not able to state, and there is no evidence 

 before the Court. The only reason that I can offer by way of sug- 

 gestion is, and I am warranted, I think, in doing that, Sir, by the 

 well-known physical facts and conditions, is that two things com- 

 bine to produce this result: One is that there the water is colder, 

 much colder than it is in the Gulf of St. Lawrence, and the cod-fish 

 is a fish that likes cold water; and the cod-fish goes into the bays, 

 harbours, and creeks of Labrador because the waters are cold. 

 Another is that the coast of Labrador has a peculiar configuration, 

 and all along the coast there are a number of islands standing out 

 from the coast, and inside those islands are what may be called bays, 

 harbours, and creeks where the fishermen go to catch fish. In order, 

 then, to secure these fishing-grounds at the time of the making of the 

 treaty, the negotiators insisted, and made it very clear, that they 

 must have the bays, harbours, and creeks of Labrador for their 

 fishery ; and they made no such claim whatever in respect of the other 

 parts of the treaty coasts. 



SIR CHARLES FITZPATRICK : Did you look at article 3 of the treaty ? 



SIR JAMES WINTER : Yes, Sir ; of which treaty ? 



SIR CHARLES FITZPATRICK: This same treaty, on p. 31, where the 

 word " coast " is used. 



SIR JAMES WINTER : Oh, I am quite free to admit 



SIR CHARLES FITZPATRICK : Are you going to refer to that ? 



SIR JAMES WINTER: I was not going to refer to it. I should be 

 very much obliged if you would indicate any point upon which you 

 wish to have me touch. 



SIR CHARLES FITZPATRICK : You say there " coast " is not construed 

 as including " harbours " ? 



SIR JAMES WINTER: Oh, no. 

 576 SIR CHARLES FITZPATRICK: The language there is: 



" northwest coast of America, . . . shall, together with its har- 

 bors, bays, and creeks." 



SIR JAMES WINTER : Yes : 



" It is agreed that any country that may be claimed by either party 

 on the northwest coast of America, westward of the Stony Mountains, 

 shall, together with its harbors, bays, and creeks, etc." 



That observation, of course, is in our favour, and it bears out the 

 answer, or at least sustains the contention that I made in answer to 



