1586 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



mercial privileges, if authorised to do it by the laws of the United 

 States? 



MR. ELDER : That is so ; but that is not precisely the question asked. 



SIR CHARLES FITZPATRICK: But that is the position you take, 



briefly ? 

 960 MR. ELDER: Yes. 



SIR CHARLES FITZPATRICK: There would not be any doubt, 

 you say, if a vessel came up in the exercise of the treaty privilege to 

 the west coast of Newfoundland, went into one of the harbours and 

 exercised the treaty right of fishing, she could go out immediately 

 from that harbour, to the non-treaty coast, and enjoy commercial 

 privileges there there is no doubt about that. 



MR. ELDER: More than that, being a registered vessel with rights 

 both to fish and trade, it could bring cargo from Boston down to 

 Bonne Bay, and could sell the cargo there ; having its authority as a 

 fishing- vessel it could then fish for herring, and catch a cargo of her- 

 ring, and could go back. 



SIR CHARLES FITZPATRICK : That is your contention ? 



MR. ELDER: Yes. 



SIR CHARLES FITZPATRICK: Or on the other hand, a citizen of the 

 United States could come up in the exercise of his treaty right and 

 catch a certain portion of his cargo by fishing, and supplement that 

 catch by a purchase? 



MR. ELDER: Yes, by buying. 



THE PRESIDENT : And we have nothing whatever to do with the ex- 

 tent of those commercial privileges? 



MR. ELDER: Nothing. 



THE PRESIDENT : Then it would be like the solution of an algebraic 

 problem. Commercial privileges, say, would be represented by a?, 

 and x is not only accorded to trading- vessels, but also accorded to 

 fishing-vessels. 



MR. ELDER : As to the algebraic problem, I am afraid I would have 

 to take time to work it out; but that is precisely it. What Great 

 Britain and the United States in this contention ask this Tribunal to 

 determine is, whether the general trading privileges that we get in 

 one way or another from Great Britain, and which our trading- ves- 

 sels can exercise whether fishing-vessels, under the terms of the 

 treaty, and by virtue of the treaty and its intendments. can be 

 excluded. 



SIR CHARLES FITZPATRICK : Whether they are disqualified ? 



MR. ELDER: Yes. 



JUDGE GRAY: It was under these trading privileges, or it is in the 

 exercise of the commercial privileges which are granted generally to 

 the United States vessels, that you say, by reason of the concurrent 



