ARGUMENT OF SAMUEL J. ELDEB. 1587 



legislation of the two countries, that the fishing- vessels claim the right 

 to buy bait and supplies? 

 MR. ELDER: If they are trading- vessels, yes. 



JUDGE GRAY : If they are duly authorized as trading- vessels it is 

 that which makes it apply to them, isn't it? 

 MR. ELDER: Yes. 



JUDGE GRAY: And then the question is whether a fishing- vessel can 

 be excluded from commercial privileges that are granted to trading- 

 vessels generally? 

 MR. ELDER: Yes. 



JUDGE GRAY: That is the language " trading- vessels "; and 

 whether a iishing- vessel with trading privileges from the United 

 States that is authorised to trade can be classified under that category 

 of vessels that are entitled by this reciprocal legislation as trading- 

 vessels generally, and to exercise all the privileges of such ? 

 MR. ELDER: That is it. 



DR. DRAGO : May it not be put in this way Are inhabitants of the 

 United States entitled to fish from trading- vessels ? 

 MR. ELDER: Yes. 

 DR. DRAGO : That is the simplest way of putting it. 



MR. ELDER : That is a thoroughly simple way of putting it. 

 961 SIR CHARLES FITZPATRICK: In the exercise of your treaty 



privileges ? 



MR. ELDER: Will you pardon me, Sir Charles? 

 SIR CHARLES FITZPATRICK: You said that was a simple way of 

 putting it. I want to see if I can work it out. You say that under 

 the treaty of 1818, in the exercise of the privileges conferred by the 

 treaty you say you could not buy bait for the purpose of exercising 

 your treaty rights of fishing? 

 MR. ELDER : Quite so. 



SIR CHARLES FITZPATRICK: But under your commercial privileges 

 you can supplement the treaty ? 



MR. ELDER : Yes. Now I want to get back to Dr. Drago's question. 

 That was the way this question arose. If you will recall the some- 

 what prolonged history that I read earlier in this argument, the way 

 the trouble came about in 1905 down at the Bay of Islands was that 

 our fishermen reported that they were forbidden to fish with vessels 

 on register that they were forbidden to fish. 

 JUDGE GRAY : I think we recollect that. 



MR. ELDER. That is to say, it seemed to raise the question whether 

 a vessel which was on register, and, that is, could both trade and fish, 

 would be allowed to fish; and the early correspondence between Mr. 

 Root and Sir Mortimer Durand was on that theory, that our regis- 

 tered vessels vessels authorised to trade had been forbidden to 

 fish ; and the second or third despatch that Mr. Root sent was that the 



