1450 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



unreasonably crippled, even in their commercial relations, it would be 

 regarded as a ground for putting the Act into operation. That au- 

 thority President Cleveland never exercised, because, almost imme- 

 diately, negotiations for what proved to be the Chamberlain-Bayard 

 treaty were entered upon, and these negotiations promised at one 

 time to serve as a way out of the entire difficulty. 



I shall now advert to the Newfoundland Act of the 21st February. 

 1887, United States Case Appendix, p. 170, and British Case Ap- 

 pendix, p. 711. The statute of Newfoundland provided that no per- 

 son without a license should export, catch, or sell for the purpose of 

 exportation, any herring, caplin, squid, or other bait fishes. It will 

 be noticed that neither that nor the statute of Canada pro- 

 876 hibited commercial transactions in general, but merely pro- 

 hibited the sale of certain specified articles which related 

 directly to fishing. Concerning this Act of Newfoundland, it is to 

 be noticed that we have the advantage of having heard from Sir 

 James Winter, whom we had the pleasure of hearing before this 

 Tribunal, in an interview which he granted to a London paper dur- 

 ing a controversy which had occurred with Sir Robert Bond. The 

 wise man of old said : " Would that mine enemy would write a 

 book." If he had lived at the present time I am very confident that 

 he would have changed it and would have said : " Would that mine 

 enemy would grant an interview." I must stop to apologise for hav- 

 ing used the word " enemy " with reference to so genial and kindly a 

 friend as Sir James is to all of us. I want you to turn to p. 404 of 

 the United States Counter-Case Appendix because there we will find 

 something concerning this very statute. The interview to which I 

 have referred was published in the London " Morning Post." It 

 will appear a little later that Sir Robert Bond had been conducting 

 something of a campaign in England and kindling a back fire on 

 the British Government as to its attitude toward Newfoundland. 

 It was in response to this that this interview was granted by Sir 

 James Winter, who was in England. I read at the bottom of p. 

 404: 



" Sir Robert Bond's ultimate object is reciprocity with the United 

 States that is, of course, access to American markets for our fishery 

 products and he hopes to force the Americans to give us this reci- 

 procity by shutting off the sale by our West coast fishermen of her- 

 ring to the Americans. Whether his ultimate object reciprocity 

 would be promoted by this policy is, to say the very best for it, 

 extremely doubtful. I for one do not believe that there is any 

 chance of its succeeding, or that the Americans will be forced by any 

 such means to give us reciprocity. In the meantime his policy is 

 only bringing ruin upon our herring fishermen. It is nothing but 

 an experiment on his part, and I believe will end only in failure, 

 even if he were permitted to carry it out. That is the opinion of 

 many practical men. And certainly this reciprocity is not worth 



