ARGUMENT OF SAMUEL J, ELDER. 1539 



recognising clearly that there are two distinct questions: and the 

 United States agreed to submit and did submit only one question. 



I wish to call attention to the maze in which we think the Tri- 

 bunal would find itself if it sought to determine the effect of these 

 statutes, because these statutes do not run to a single point. They 

 run to a great many points. In the first place, to summarize the 

 statute of 1905, we say that the questions that would be involved 

 under a consideration of that statute are numerous. And, by the 

 way, I ought to add to that that our opponents now claim also a 

 construction of the statute of 190(5 which Great Britain itself never 

 would allow to come into operation they ask you to say that the 

 United States has agreed that you should determine the bearing of 

 the statute of 1906 though Great Britain and Newfoundland had 

 never agreed to it, and, as I have already said, when the United 

 States had never discussed that statute with them at all. 



An analysis seems to me to show that the questions would be 

 these : 



First, the right of Newfoundland to prohibit its own inhabitants 

 from shipping within its jurisdiction. 



Second, to ship outside its jurisdiction a thing which the modus 

 permitted. 



Third, the right of Newfoundland to prohibit its own inhabitants 

 from leaving the colony for the purpose of becoming inhabitants of 

 the United States as they undoubtedly are constantly doing, because 

 they have a prohibition in this statute of their own inhabitants 

 coming away from there to ship on American vessels. That raises 

 the further question, whether it could prohibit their inhabitants from 

 going away for the purpose of acquiring residence in the United 

 States and then shipping, because it might easily be held that one 

 step was included in the other. 



Fourth, and this relates to the United States, to prohibit United 

 States vessels from shipping, or attempting to ship, Newfoundlanders 

 within the jurisdiction of Newfoundland. 



Fifth, whether the Newfoundland legislature can prohibit its own 

 inhabitants from shipping at Sydney or in the jurisdiction of Canada. 



Sixth, whether it can prohibit the United States from shipping 

 persons who are not Newfoundlanders within its jurisdiction. Be- 

 cause, you see, this prohibition is against shipping " crews." So that 

 if a United States seaman or fisherman was down there at Bay of 

 Islands, and a man was needed aboard of any vessel, under the terms 

 of this statute he could not ship within the jurisdiction of New- 

 foundland. 



Seventh, whether it can prohibit the shipping of Canadian or other 

 British subjects outside of the jurisdiction; because the statute pro- 

 hibits all British subjects from shipping. 



