976 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



SIR JAMES WINTER : Certainly not. That is our contention. That 

 is one of the positions that Newfoundland has taken all through 

 these negotiations, that they have no right to come into the treaty 

 coasts. They must either go into treaty coasts or non-treaty coasts. 

 They come into the treaty coasts and harbours for shelter under their 

 Fight of fishing, if they have the right 



JUDGE GRAY : But you say they have not. 



SIR JAMES WINTER : They have not, on this part. 



J*UDGE GRAY: Therefore they have not the right to come in for 

 shelter ? 



SIR JAMES WINTER: Not under the treaty. They may have it 

 otherwise, and they have been accorded it otherwise. If they have 

 been accorded the right to come in for shelter all through those 

 waters, our contention is that it has not been under the provision 

 of the treaty, but because there was no objection to their coming in, 

 any more than there was to anybody else coming in for shelter. 



THE PRESIDENT: On both tracts of the coast Labrador and on 

 the southern coast of Newfoundland, they have the right to enter for 

 curing and drying their fish ? 



SIR JAMES WINTER : Oh, yes. 



THE PRESIDENT : And if they have the right 



SIR JAMES WINTER: If they have the right to come in for curing 

 and drying, a fortiori, at that time, they would have the right 

 586 to come in for shelter. Where they have the right to come in 

 for drying and curing, they can come in for shelter. No ex- 

 press stipulation was made with regard to the west coast, for coming 

 in for shelter, because there was no necessity for it. As they were 

 fishing outside, if they required to come in for shelter, there was no 

 necessity to stipulate specially for that ; and it was not so stipulated. 

 They have come in, just as they have come in at other places for 

 shelter. The object of the treaty was to secure these places at that 

 time on the one side for curing and drying fish, and on the other 

 part of the coast for shelter. 



JUDGE GRAY: On that view, why was it necessary to have an ex- 

 press stipulation to give the Americans the right to seek shelter in 

 the non-treaty bays ? 



SIR JAMES WINTER: Because the object of that was this, in con- 

 nection with the restrictions: That they should not, having treaty 

 rights to go into certain parts to catch fish that they should not, 

 under pretence of being American fishermen, be at liberty to go into 

 the ports and bays and creeks and harbours all over the coast, and say 

 that they were American fishermen who had come down to catch 

 fish on the banks, or had come down to catch fish on the bays and 

 creeks, or had come down to catch fish on Labrador ; because if they 



