968 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



in one place and "coast" in another place in the same article. 

 That would be the difference. The word " coast " might be construed 

 in the French treaty to give them the bays, creeks, and harbours, 

 and it might be, as I have said, construed in this treaty to give them 

 the bays, creeks, and harbours, if it were not for the juxtaposition 

 close alongside of the statement including the bays, creeks, and 

 harbours with regard to Labrador, and the exclusion of them with 

 regard to the other parts of the coast. It marks clearly the distinc- 

 tion between the two. 



JUDGE GRAY : How do you understand, Sir James, on p. 91 of the 

 British Appendix, third paragraph, in that communication of 

 Messrs. Gallatin and Rush, reading: 



" The liberty of taking fish within rivers is not asked. A positive 

 clause to except them is unnecessary, unless it be intended to com- 

 prehend under that name waters which might otherwise be consid- 

 ered as bays or creeks." 



Does not that show that at least on the part of those negotiators 

 there was no idea but that bays were included within the waters 



SIR JAMES WINTER : That would arise, possibly, from this 



JUDGE GRAY (continuing) : that were given to them with liberty 

 to fish. 



SIR JAMES WINTER: That would be only where they were allowed 

 to fish in bays and creeks. (Reading) : 



" The liberty of taking fish within rivers is not asked. A positive 

 clause to except them is unnecessary, unless it be intended to compre- 

 hend under that name waters which might otherwise be considered 

 as bays or creeks." 



SIR CHARLES FITZPATRICK : That would apply to Labrador ? 



SIR JAMES WINTER: That would apply to Labrador, yes. Coasts, 

 bays, harbours, and creeks are still reserved in this article for 

 Labrador : 



" and on the coasts, bays, harbors, and creeks from Mount Joli, on 

 the southern coast of Labrador,"- 



That evidently applied to Labrador; and there was merely a dis- 

 cussion as to whether it was necessary to make a separate or special 

 reference to rivers. 



(After an informal discussion in regard to the hour of adjourn- 

 ment:) 



SIR JAMES WINTER: I hope to be able to conclude to-morrow, by 



the 12 o'clock recess. I think it would be more convenient to 



581 me if the Tribunal were to adjourn now, because my attention 



has been called to several points, and I shall endeavour to 



clear them up in a short time in the morning. 



[Thereupon, at 4.10 o'clock p. m., the Tribunal adjourned until to- 

 morrow. Tuesday, the 5th July, 1910, at 10 o'clock a. m.] 



