1536 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



guarding its decision so as to make it clear that there was no inten- 

 tion of passing upon Newfoundland laws. The United States has 

 not, in its Case, or its Counter-Case, discussed this question of the 

 effect of Newfoundland statutes. 



SIR CHARLES FITZPATRICK : Would you allow me to ask your atten- 

 tion to Mr. Whitelaw Reid's letter, dated the 6th October, 1906, 

 British Case Appendix, p. 506 : 



" My Government understand by this that the use of purse seines 

 by American fishermen is not to be interfered with, and the ship- 

 ment of Newfoundlanders by American fishermen outside the three 

 mile limit is not to be made the basis of interference or to be 

 penalized." 



Then, further on in the same letter : 



" It is further understood that His Majesty's Government will 

 not bring into force the Newfoundland Foreign Fishing-vessels Act 

 of 1906, which imposes on American fishing- vessels certain restric- 

 tions in addition to those imposed by the Act of 1905." 



Referring to p. 758 of the British Case Appendix, where the Act 

 of 1906 is to be found, section 6 is to the effect that : 



" No person, being a British subject, shall fish in, from, or for a 

 foreign fishing vessel." 



What is the reason for the suggestion that that Act should not 

 be brought into force until such time as this Tribunal has pronounced 

 upon the question submitted to it, if that is not one of the questions 

 submitted and covered by Question No. 2 ? 



MR. ELDER: That is, if you please, Sir Charles, a modus under 

 which they were to operate for a given period of time, but, certainly, 

 an expression of that kind, in a modus, cannot affect the interpre- 

 tation of the treaty and of the questions which are actually sub- 

 mitted. 



SIR CHARLES FITZPATRICK : But if the trade question and the ship- 

 ment of Newfoundlanders are not included in Question No. 2, why 

 ask that a law which regulates those matters be suspended until such 

 time as this Tribunal has pronounced? 



MR. ELDER: Will you pardon me for asking which section you 

 read from on p. 758? 



SIR CHARLES FITZPATRICK: Section 6: 



" No person, being a British subject " 



&c. That is the section which raises the whole question as to the 

 shipment of Newfoundland fishermen. 



MR. ELDER: I do not understand, Sir Charles, that the reference 

 to the Act of 1906 means that all the provisions of the Act of 1906 

 are submitted to this Tribunal. They must be, I agree, under the 

 British contention. 



