974 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



yesterday : The greater part, far the greater part, almost the whole of 

 the cod fishery is carried on in two places, or two regions, as you may 

 call them one, the Banks of Newfoundland, which spread over hun- 

 dreds of miles away out in the deep waters ; and the other, the coast 

 fishery of Newfoundland ; but even the coast fishery, the cod fishery, 

 is out at the headlands, the headlands on each side of the bays; and 

 also Labrador. These are the main fishing grounds of the New- 

 foundland cod fishery the bank fishery, to a small extent by the 

 Newfoundlanders; the shore cod fishery, as I have said, mainly out 

 on the headlands, at the side of the bays, the favourite places of resort 

 for the cod fishermen, and the coast of Labrador, where the people 

 of the Island of Newfoundland, who live in the bays, harbours and 

 creeks of Newfoundland, leave the place in thousands every year and 

 go down to Labrador for the prosecution of the fishery. Even in 

 Newfoundland, the fishery in the bays is confined to the people of 

 Newfoundland and is a comparatively valueless industry. It is only- 

 prosecuted by the poorer class of fishermen, who are obliged to use 

 only small boats, and who have not the means to procure larger boats 

 to take them out to the capes and headlands, or to go down to Lab- 

 rador to prosecute the fishery. 



The Americans the United States fishermen leave their homes, 

 their country in the United States, and come down to prosecute the 

 cod fishery in those regions that I have endeavoured to describe. 

 They either go out to the banks, which they do in large numbers 

 that is their principal industry they either go out to the banks or 

 they go to Labrador. These are the two principal places of resort 

 for the American fishermen either the banks or Labrador. In the 

 course of their fishery in the summer, it may be that they do fish to 

 a small extent out on some of the headlands outside of the bays that 

 I have referred to; but if it is done, it is to a very small, compara- 

 tively insignificant extent. Their main fishery is either on the banks, 

 in the deep waters, or at Labrador, where they fish along the coast in 

 the bays, harbours, and creeks. 



These are the main, salient facts upon which we have to endeavour 

 to arrive at what was in the view and in the minds of the parties when 

 the treaty was being negotiated. 



JUDGE GRAY: Do these facts appear, Sir James, in the record, at 

 all, as evidence? 



SIR JAMES WINTER : I submit that from what I am going to read, 

 and further upon a perusal of the correspondence to which I shall 

 refer, it will be clearly gathered from this correspondence. I shall 

 refer briefly to this correspondence, which I have not time to read 

 at length, leading up to these negotiations which I am just now 

 reading from, at pp. 78, 79, and thereabouts, of the Appendix to the 

 British Case, 



