ARGUMENT OF SAMUEL J. ELDER. 1459 



any of these acts of Newfoundland? What is the real value in a 

 statute, notably intended to curtail and restrict, in every possible 

 way, the rights of another, of a saving clause of that kind at the end ? 



Interpreted by the colony of Newfoundland, interpreted by men 

 whose interests are strongly swayed one way or the other, what is the 

 value to the United States, or what can be the value of that saving 

 clause? 



Mr. Root said, in a later part of the discussion, that to make that 

 declaration of real value it should state distinctly that it was not to 

 be applied to American vessels within the limits embraced by the 

 treaty coasts. 



At p. 446 the direct intent of this bill is stated. It is not a matter 

 to be demonstrated ; it is stated : 



"This bill is framed specially to prevent the American fishermen 

 from coming into the bays, harbors, and creeks of the coast of New- 

 foundland for the purpose of obtaining herring, caplin, and squid 

 for fishery purposes, and it is still competent for this legislature to 

 make provision in respect to the export of herring in bulk in foreign 

 vessels upon the payment of an export duty. It is quite competent 

 for the House to add a clause to this bill enabling the governor in 

 council to suspend the operation of the act at any time it may be 

 considered expedient to do so and to admit foreign vessels for the 

 purpose of taking herring in bulk." 



That was a distinct announcement of what the intention of the 

 Newfoundland Government was. Then, at p. 447, the Premier says : 



" There was also a recognition on the part of the fishermen of this 

 colony that we had the whip hand in regard to the fisheries of British 

 North America. There is not the faintest shadow of a doubt upon 

 that point, as I stated on a former occasion. We have already demon- 

 strated to the French that we hold the key to the North Atlantic 

 fisheries." 



That is the fourth paragraph on p. 447 of the Appendix to the 

 United States Counter-Case. 



At p. 448, referring to a communication which had been presented 

 by the Canadian Parliament, this language is used : 



" This communication is important evidence as to the value of the 

 position we occupy as mistress of the northern seas so far as the 

 fisheries are concerned. Herein was evidence that it is within the 

 power of the legislature of this colony to make or mar our competi- 

 tors to the North Atlantic fisheries. Here was evidence that by re- 

 fusing or restricting the necessary bait supply we can bring our 

 foreign competitors to realize their dependence upon us. One of the 

 objects of this legislation is to bring the fishing interests of Glou- 

 cester and New England to a realization of their dependence upon 

 the bait supplies of this colony. No measure could have been de- 

 vised having more clearly for its object the conserving, safeguarding, 

 and protecting of the interests of those concerned in the fisheries 

 of the colony. 



