1332 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



gan (one of the Arbitrators in the Behring Sea Case) was coached 

 in very much that language : 



" The right of dominion in a sea like Bering Sea or the sea of 

 Okhotsk does not depend on its being separated from water commu- 

 nication with the ocean. If the configuration of the land surround- 

 ing it is such as to make it necessary to the peculiar commerce of the 

 country within which it is embayed, or to the defence of such country, 

 or to the proper administration of its powers of government over its 

 own people, it is a right ex debito justitice that there should be domin- 

 ion over such sea." 



And in the Argument of the United States in the Alaska Boundary 

 Case (to be found on the same page) there is this: 



" In cases of this sort " 



the Argument is referring to the coast of Florida, which is very much 

 cut up with islands and inlets 



" In cases of this sort the question whether the interior waters are, 

 or are not, lakes enclosed within the territory, must always depend 

 upon the depth upon the banks, and the width of the entrances. Each 

 must be judged upon its own merits. But in the instance cited, there 

 can be little doubt that the whole Archipielago de los Canaiios is a 

 mere salt-water lake, and that the boundary of tJie land of Cuba runs 

 along the exterior edge of the banks." 



804 I would quote, also, from the judgment in the Alleganean 

 Case that is the Case with reference to Chesapeake Bay, in 

 1885 where the learned judge quoted the Conception Bay Case, evi- 

 dently with approval. He said : 



" ' But perhaps the most thoroughly considered and important case 

 is that of Direct U. S. Cable Co. v. Anglo-American Tel. Go. in the 

 House of Lords.' " 



SIR CHARLES FITZPATRICK: From what are you reading? 



MR. EWART : A print of the case has been handed in already. 



SIR CHARLES FITZPATRICK: I thought it was in the Case? 



MR. EWART : No ; it is one of the documents handed in to the Tri- 

 bunal. 



THE PRESIDENT : It is in the separate print of the Alleganean Case ? 



MR. EWART: Yes, Sir. 



THE PRESIDENT : What page do you read from ? 



MR. EWART : It is not paged. It will be found on the third page of 

 that extract, Sir, which you have, near the top, commencing at the 

 second paragraph : 



" This opinion states that Conception Bay is a body of water hav- 

 ing an average width of fifteen miles, a distance of forty miles from 

 the head to one of the capes at the entrance and fifty miles to the 

 other, and a distance of twenty miles between the headlands. Com- 

 ing to the question, the Lords say (p. 419) : 



