ARGUMENT OF SAMUEL J. ELDER. 1471 



pointed out more fully later, the possibility of bait supply, both at 

 the Magdalens and on the west coast of Newfoundland, of the utmost 

 importance with reference to the general fisheries on the banks, as 

 well as to the Labrador fishery. 



The learned arbitrator from Canada while I was speaking of that, 

 and after I had called attention to the fact that perhaps I was travel- 

 ling a little outside of the record, as to the last part of what I was say- 

 ing asked me the question which appears on p. 886 of the record : 



" SIK CHARLES FITZPATRICK : Just as a matter of information, what 

 bait do you get on the Magdalen Islands ? 



" MR. ELDER : Caplin, I think, and squid. 



"SiR CHARLES FITZPATRICK: And when have the Americans gone 

 there for bait? 



" MR. ELDER : For the second baiting. 



" SIR CHARLES FITZPATRICK: Is that in the record? 



" MR. ELDER : No, Sir ; I think you are asking me a question that is 

 outside of the record. I think I can convince Sir Charles that it is 

 a fact ; but, as I say, it is outside of the record, so far as I know." 



I am not quite sure whether the last question referred to the sec- 

 ond baiting, the reply having just been as to the second baiting. I 

 apprehend that it 



SIR CHARLES FITZPATRICK : It referred to baiting only. 



MR. ELDER : But if that had been the idea at the moment, I should 

 have been warranted in saying, I think, not only the second but the 

 third baiting, and the experts who have been called here from the 

 other side, at the suggestion of the Tribunal, upon practical issues 

 I think will be able, if the Tribunal cares to enquire of them, amply 



able, to justify the entire statement. 



889 If, however, the question was rather broader, and covered 

 all the bait fish to be found on the Magdalens, I would refer 

 to one or two things, without going in extenso into the matter, to 

 United States Counter-Case Appendix, p. 538. 



SIR CHARLES FITZPATRICK: I do not think there can be any doubt 

 that there is caplin there. 



MR. ELDER: Oh, yes. It will save my reading it then till another 

 time, and I will speak merely of the Canadian contention before the 

 Halifax Tribunal, in which they were at the moment discussing (p. 

 538 of the United States Counter-Case Appendix) the liberty to 

 land for the purpose of drying nets and curing fish. I read from the 

 third paragraph: 



" The Convention of 1818 entitled United States citizens to fish on 

 the shores of the Magdalen Islands, but denied them the privilege 

 of landing there. Without such permission the practical use of the 

 inshore fisheries was impossible. Although such permission has 

 tacitly existed, as a matter of sufferance, it might at any moment 

 have been withdrawn, and the operations of United States fisher- 

 92909 S. Doc. 870 ? 61-3, vol 10 37 



