ARGUMENT OF SAMUEL J. ELDEB. 1537 



SIR CHARLES FITZPATRICK : No, but on the record. Why say, 



" It is further understood " 



This being one of the conditions of the reference practically 



" that His Majesty's Government will not bring into force the New- 

 foundland Foreign Fishing-vessels Act of 1906, which imposes on 

 American fishing vessels certain restrictions in addition to those 

 imposed by the Act of 1905, and also that the provisions of the first 

 part of section 1 of the Act of 1905, as to boarding and bringing 

 into port " 



And so forth, following immediately the paragraph in which ref- 

 erence is made directly to the shipment of Newfoundlanders by 

 American fishermen? 



MR. ELDER: If I understand your contention, or suggestion, it is 



that inasmuch as this modus was made to last until the de- 



930 cision of this Tribunal, everything that was suggested in the 



modus in contravention of the laws of Newfoundland has to 



be submitted to this Tribunal? 



SIR CHARLES FITZPATRICK : No, no ; I do not suggest that. To me 

 it is apparent, at least as at present advised, that one of the chief 

 difficulties which had arisen between the two nations was the ship- 

 ment of Newfoundlanders. That was one of the difficulties that 

 brought about this reference? 



MR. ELDER : Yes. The fact that that was one of the things that was 

 talked of between the parties, and yet was not put into this treaty 

 of arbitration, shows conclusively that the parties did not expect to 

 submit it to the Tribunal. They would otherwise have put something 

 into the question itself regarding it; and I call attention also to the 

 fact that this letter of Mr. Eeid's is written on the 6th October, 1906, 

 before the issues were framed for this Tribunal, which was in 1909. 

 It can hardly be assumed that that letter was intended to qualify a 

 treaty to be made two or three years later, and it could hardly be 

 contended that it bound the United States to submit all the questions 

 which were suggested. 



SIR CHARLES FITZPATRICK : You are more familiar with the record 

 than I am ; do you recollect a letter written by Lord Elgin, in which 

 some reference is made to this question ? I cannot find it. 



MR. ELDER: In reference to the shipment of Newfoundlanders? 



SIR CHARLES FITZPATRICK : Yes, at the time these negotiations were 

 being carried on. 



MR. ELDER: Negotiations in reference to the? 



SIR CHARLES FITZPATRICK: In reference to the arbitration. Do not 

 trouble yourself to find it if you have not got it before you. 



MR. ELDER: I want to go forward and point out why the framers 

 of this treaty did not incorporate, or attempt to incorporate, all the 

 questions which might arise under this statute of 1905, or under this 



