1470 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



future, as in the past, to defend the claims of Newfoundland under 

 the treaty of 1818 to the best of their ability, but if the difficulties in 

 their way become increased your Ministers must bear the blame." 



[Thereupon, at 4.25 o'clock p. m., the Tribunal adjourned until 

 Thursday, the 21st July, 1910, at 10 o'clock a. m.] 



888 TWENTY-SEVENTH DAY: THURSDAY, JULY 21, 1910. 



The Tribunal met at 10 o'clock A. M. 



THE PRESIDENT : Proceed, Mr. Elder, if you please. 



MR. ELDER : With the permission of the Tribunal, I should like to 

 recur to some questions that were asked toward the close of the Tues- 

 day afternoon session. I find, in reading over the enquiry which 

 Judge Gray made, that I did not correctly apprehend the point of it, 

 and I will call attention to it for that reason. The question was: 



" JUDGE GRAY : Can you give us, Mr. Elder, about the time when 

 the right to buy bait that is, what you are speaking about now, un- 

 der this trading privilege 



" MR. ELDER : Yes, Sir. 



" JUDGE GRAY (continuing) : was first asserted, and when it was 

 first denied some little history of what the practice had been since 

 the Treaty of 1818, in regard to the purchase of bait and supplies? 

 It has not much history, but such as it has, I should like to have you 

 touch upon." 



I did not notice the force of the words " the right to buy bait," 

 and when it " was first asserted, and when it was first denied." I 

 ought to say that the United States does not understand that any 

 question is involved in this case concerning a right to buy bait under 

 the treaty. We do not conceive that there is any question presented 

 to the Tribunal which raises that issue, and for that reason we have 

 not prepared the Case or Counter-Case with reference to any history 

 of the assertion of any such right, or of the denial of any such right. 



Apprehending that the question related generally to the subject of 

 the importance of bait, I went on, on Tuesday afternoon, somewhat 

 out of order, to speak of the importance of the bait supply to the 

 United States fishermen, and to point out the completeness of the 

 arrangement, even though it was a modicum of what the United 

 States had previously had of the fishery in the colonial waters. The 

 United States fishermen coming from the south-west there, pass up 

 through the Gut of Canso to the Magdalens and to the banks at the 

 mouth of the St. Lawrence, around the Island of Anticosti, or pass 

 outside of Cape Breton, and so on, having the west coast of New- 

 foundland on their starboard, and the whole line of the Labrador 

 fishery to the north. They have found, as we believe, and as will be 



