1730 WORTH ATLANTIC COAST FISHERIES ARBITRATION. 



wider word " industry," which now imports many and varied con- 

 siderations, altered the right. 



Now, I take the first question about industry. I will take each of 

 the two questions separately: Is it an industry? I do not know, in 

 other systems of jurisprudence, what distinctions may be drawn be- 

 tween trade, say, and a profession, or a thing like agriculture. In 

 English law, the laws which refer to trade do not always refer, say, 

 to agriculture, and certainly do not refer to the learned professions. 

 Take, for instance, a thing like the law of bankruptcy and I am 

 just mentioning casually any incidents that come into my head at the 

 moment bankruptcy was a traders' law, and did not originally 

 apply to agriculture, because agriculture was not a trade, in the 

 proper technical sense of the term, although the agriculturist was 

 really making his living in very much the same way as a trader, but 

 handling different commodities. And so the same distinction went 

 through various Acts relating to workmen; some classes of work- 

 men belonging to trades had certain privileges and were put under 

 certain disabilities which did not apply to clerks or to agriculturists, 

 and so on. 



So that the words " trade " and " industry," nearly synonymous 

 are, in our law, not essentially or necessarily the same thing as a pro- 

 fession, say, when you come to give a limited right like that of fishing, 

 which may be a sport, or may be a pursuit and trade may be either 

 one or the other; call it, if you like, a trade you have given per- 

 mission to do it. When it becomes a subject-matter of profit-making. 

 I suppose you will then say the man is not trading, strictly speaking, 

 but he is fishing for profit. Very well, that is what he is doing. He 

 is exercising that privilege in popular language what you may call 

 his industry. But what difference does that make, that he chooses 

 to call it an industry instead of calling it a sport, or making profit 

 by the pursuit of fishing? It makes no difference. He may say: 

 Well, the moment you call it an industry, then I may employ other 

 people. I do not deny it. I do not deny it at all. Employ as many 

 as you like ; but you cannot get your people into your works except 

 by my permission. And I have said the only permission I will give 

 is to you and those of your class. I will not give a permission to any 

 other. They cannot do it. 



What, after all, was Newfoundland in 1818 ? As I say, it was some- 

 thing like a garden not a very happy illustration but it was a 

 place where profit might be made, where fish might be caught, exactly 

 as fruit might be taken. And I say : I will allow certain persons, by 

 reason of their nationality or their particular circumstances, to come 

 in and pluck the fruit. When they come in and pluck the fruit, they 

 may take it away and sell it, and say: We are trading. I say: 1 

 have no objection to calling you traders. You are traders. 



