ABGUMENT OF SAMUEL J. KLDEB. 1447 



" ' The first general maxim of interpretation is, that it is not allow- 

 able to interpret what has no need of interpretation. When the word- 

 ing is in clear and precise terms and its meaning is evident and leads 

 to no absurd conclusion, there can be no reason for refusing to admit 

 the meaning which such Treaty naturally presents, and to go else- 

 where in search of conjectures in order to restrict or extend it is but 

 an attempt to elude it.' 



" If, on the other hand, it is intended to submit Colonial statutes to 

 arbitration, then I respectfully contend that it would be derogatory 

 to the Crown, and in direct contravention to the constitutional right 

 of the self-governing Colonies, to submit their statutes to the arbitra- 

 ment of any foreign Power or of any person, or body of men." 



In the light of the suggestion now urged upon us, under two at 

 least of the questions, that colonial statutes are to be interpreted by 

 this Tribunal, this remark of Sir Robert Bond is instructive. In the 

 end, however, the arbitration became necessary. It seemed to be the 

 only way out. And, various of the questions, and those to a con- 

 siderable extent with which I have to deal, or with which I shall ask 

 the Court to deal, came at the last moment into the arbitration in a 

 most instructive way, namely, as the terms upon which Sir Robert 

 and his Government would allow the modus vivendi of 1907 to have 

 their approval. At the bottom of p. 1013, Appendix to the Case of 

 the United States, you will find this : 



" My Ministers, however, still desire to aid His Majesty's Govern- 

 ment as far as possible consistently with their duty to this Colony, 

 and the preservation of its rights ; they will, therefore, grant permis- 

 sion to the fishermen of the Treaty Coast to sell to Americans during 

 the coming season on the receipt of an assurance from His Majesty's 

 Government that the terms of reference to the Hague Tribunal shall 

 include the question of the right of American vessels to fish or trade 

 in any of the bays, harbours, or creeks of that portion of Newfound- 

 land Coast between Cape Ray and Quirpon Islands, together with all 

 other questions that may be raised." 



And suggesting that the United States must be consulted before 

 the questions to be submitted could be determined upon, the Govern- 

 ment of Great .Britain conceded that it would include in the terms 

 of arbitration the matters which were insisted upon by Newfound- 

 land. 



I refer to the top of p. 1017 of the Appendix to the Case of the 



United States: 



" I may add that His Majesty's Government will urge the United 

 States Government to submit to arbitration any point on which your 

 Government and the Government of Canada are agreed. They can- 

 not, however, give a pledge as to anv one point until the views of the 

 Dominion Government are known.' 



As to one of those questions, namely, Question No. 6, on which the 

 Prime Minister insisted, the Government of Great Britain had never 



