1548 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



I do not think that it is necessary to go beyond that formal state- 

 ment of what the position of a fishing- vessel on the coast is with ref- 

 erence to any liability to custom dues. 



That ends what I have to say with regard to the question of entry, 

 and we submit that the question, when answered, must or should 

 excuse me exclude any idea of fishing-vessels being required to 

 enter. 



SIR CHARLES FITZPATRICK: As fishing- vessels ? 



MR. ELDER: As fishing- vessels. The moment they are trading- ves- 

 sels, I quite agree that they ought to go through the formalities at- 

 taching to trading-vessels. 



Let me take one or two instances, so that the Tribunal will see how 

 burdensome any other decision would be upon our fishing fleet. Take 

 the case of the schooner " Columbia," in 1904, of which I spoke at the 

 outset of my argument. I refer the Tribunal to p. 632 of the 

 United States Counter-Case Appendix, the affidavit of Edward 

 Cosgrove : 



937 " I sailed as Master of the Schooner ' Columbia,' Messrs. 

 John Pew & Son, Gloucester, owners, from Gloucester, Mass., 

 October 1 ? 1904, for Bay of Islands, Newfoundland, for a fare of 

 Salt Herring. I duly arrived at Bay of Islands and after securing 

 my fare in the Middle Arm " 



I have the impression that Mr. Warren described to the Tribunal 

 the Middle Arm at the Bay of Islands. If not, I should like to speak 

 of that just for an instant. The Bay of Islands consists of three 

 great arms, or inland seas. 



JUDGE GRAY Can you not point it out there on the map ? 



MR. ELDER : Unfortunately the scale is not so large as it should be 

 for that purpose on this map, but I think I can do it. The bay is 

 here (indicating on map), and coming round this point, and in be- 

 tween the point and Wood Island which is referred to in a number of 

 papers, the Humber Arm is found, the deep arm here (indicating), 

 where the navies of the world might anchor. It is called the Humber 

 Arm because it is the end of the Humber River. Then, passing up 

 here and around this point, we come to the Middle Arm, which is in 

 there (indicating on map), and going still further on, we come to 

 what is usually called the North Arm, though it is sometimes called 

 Goose Arm, if I have the name correctly. Those are, as I say, great 

 inland seas ; and this man had been fishing in the Middle Arm. 



I continue reading from his affidavit: 



" and as soon as the vessel finished loading November 4, 1904, 1 called 

 at Woods Island, supposing the Cutter was there, and I could procure 

 a clearance from the officer on her. On my arrival, there was no Cut- 

 ter, so I bore away for Lark Harbor. It then came on thick, and 

 snowing, and night shutting in, I decided to go to sea the same day. 



