ARGUMENT OF OHABUGS B. WABEEN. 1011 



SIR CHARLES FITZPATRICK: If you would like to be very precise, 

 take the Baie des Chaleurs. 



MR. WARREN : If it is agreeable, Sir Charles, I will use the bay that 

 you suggested as an illustration. 



The 3-mile line, following the sinuosities of the north shore of St. 

 George's Bay, would run along the north shore of the bay as shown 

 on this map, and a line starting from the south northward would 

 run along the southern shore of the bay, and at a certain point in that 

 body of water those two lines would come together. At the point 

 where they did come together the opposite shores would, of course, 

 be exactly 6 miles apart, and it would not make a particle of differ- 

 ence whether there was a headland there or a sandbar, the line drawn 

 to each shore would be 3 miles long and together the lines would be 

 6 miles long and the water landward of that 6-mile line would be 

 closed to American fishermen except under the terms of the proviso 

 clause following the renunciatory clause of this treaty. I have been 

 in St. George's Bay, Newfoundland, and there is no headland at that 

 point. 



SIR CHARLES FITZPATRICK: Take perhaps a better illustration, the 

 Baie des Chaleurs, which we are perhaps both personally familiar 

 with. 



MR. WARREN : And make the same illustration ? The line coming 



from the north southward would follow the northern coast, 



608 and the line coming from the south would follow the southern 



coast, and at a certain point those two lines would meet, and 



at the point where they did meet, the shores of the bay would be 



6 miles apart. 



SIR CHARLES FITZPATRICK: Thank you. Then the 3-mile limit 

 would be from that line? 



MR. WARREN : From that point ; and, the line each way would be 

 drawn to the shore, from the point where the two lines, following the 

 trend of the coast, meet. 



Mr. President, is there any other question regarding that matter 

 that the Tribunal would like to ask ; if so, I should like to answer the 

 question if possible, and if I cannot answer it I should like to confess 

 there was a difficulty that was insurmountable. 



THE PRESIDENT : Perhaps later we shall trouble you with questions. 



MR. WARREN: Before stating the conclusions necessarily flowing 

 from these positions of the two Governments, which I have now 

 stated, by reading from the Cases and the printed Arguments sub- 

 mitted to this Tribunal, I desire to take up and discuss the contention 

 of the distinguished counsel who opened this submission on behalf of 

 Great Britain, that this statement of the contention of the United 

 States is in conflict with the statement of the position of the United 

 States as set out in its Case. 



