AEGUMENT OF SIB WTT.TJAM BOBSON. . 1661 



" They have never been raised by our Government, and probably 

 never will be, because our claim to fish " 



These are the words 



" within the three-mile limit is no more an interference with terri- 

 torial and jurisdictional rights of Great Britain than a right of way 

 through a park would be an interference with the ownership of the 

 property, or a right to cut timber in a forest would be an interfer- 

 ence with the fee-simple in the soil. 



" MR. THOMSON : Do you mean to say there would be no interfer- 

 ence there ? 



" MR. FOSTER : Certainly not. It would be simply a servitude. 

 You do not mean to say that my right to go through your farm in- 

 terferes with the fee simple of the property ? 



1004 " MR. THOMSON : It does not take away the fee simple, but 

 it interferes with my enjoyment of the property. 



" MR. TRESCOTT : That is another question, because compensation 

 may be found and given. I simply say that it does not interfere 

 with the territorial or jurisdiction right. That is the view I take 

 of it, at any rate, and I think I can sustain it, if it ever becomes 

 necessary." 



Of course, it is quite true that Mr. Thomson says: I do not want 

 you on my farm with your right of way; it is an interference with 

 my enjoyment; and Mr. Dwight Foster replies that it does not in- 

 terfere with your ownership or with the fee simple, it is a mere 

 servitude, not touching territorial or jurisdictional rights. It is a 

 mere thing attaching to the property, but not affecting the owner- 

 ship. It affects the enjoyment, but not the ownership and, when 

 applied as between states, it does not touch the sovereignty. 



There is only one more mention of a servitude and that is in the 

 same Appendix, British Counter-Case Appendix, 'p. 207. I had 

 better just state the facts shortly. It is a quite modern instance this; 

 it is in 1909 and from the fact that servitude comes to be mentioned 

 here, it looks as if it must have leaked out somehow or other that 

 the United States were thinking about servitudes. The United States 

 entered into a negotiation with Colombia in relation to a right which 

 was being sought under a treaty which appears on p. 4 of this Ap- 

 pendix, and I desire to direct attention especially to article 6. It 

 is signed by Mr. Root in 1909 ; so that it is a modern treaty : 



" The Republic of Colombia grants to the United States the use of 

 all the ports of the Republic open to commerce as places of refuge 

 for any vessels employed in the canal enterprise,"- 



That is in connection with the making of the canal 



" and for all vessels in distress passing or bound to pass through the 

 canal and seeking shelter or anchorage in said ports, .... 



" The Republic of Colombia renounces all rights and interests in 

 connection with any contract or concession made between it and any 

 corporation or person relating to the construction or operation of a 

 canal or railwav across the Isthmus of Panama," 



