ARGUMENT OF ELIHU BOOT. 1973 



are giving latitude to themselves to correspond to their own wants 

 and their own wishes. The stern and severe rule of exclusion is to 

 be applied to the foreigner, whoever he is. 



That ends what I have to say about the Sunday provision. 



[Whereupon, at 12.15 o'clock P.M., the Tribunal took a recess until 

 2.15 o'clock p. m.] 



AFTERNOON SESSION, THURSDAY, AUGUST 4, 1910, 2.15 P.M. 



THE PRESIDENT: Senator Root, will you kindly continue your 

 address. 



SENATOR ROOT, resuming: The next provision to which I refer is 

 section 9 of the Consolidated Statutes of 1892 of Newfoundland. It 

 appears on p. 176 of the United States Appendix. It will be found 

 a little below the middle of that page (176) : 



" No person shall, between the tenth day of May and the. twentieth 

 day of October in any year, haul, catch or take herrings or other bait 

 for exportation within one mile measured by the shore or across the 

 water of any settlement situate between Cape Chapeau Rouge and 

 Point Enragee, near Cape Raye, under a penalty of two hundred 

 dollars " and so on. 



You will perceive that this time, between the 10th May and the 

 20th October, covers the period during which bank fishermen would 

 wish to resort to the coast of Newfoundland to obtain bait, and this 

 provision prohibits the taking of bait by anyone in any way within 

 a mile of settlements. 



There is a curious similarity in that to a treaty to which I expect 

 to call your attention hereafter upon another point. 



JUDGE GRAY: Will you point on the map where that is, Senator? 



SENATOR ROOT: Cape Chapeau Rouge is over here, near the west- 

 ern entrance to Placentia Bay, and Point Enragee is up here quite 

 near Cape Raye, so that this covers the entire southern treaty coast, 

 and it also covers that part of the coast which is in proximity to the 

 French Islands of St. Pierre and Miquelon. 



THE PRESIDENT . May I ask you, Mr. Root, how long does the fish- 

 ing season on the banks last? 



SENATOR ROOT: I think it ends about November October or No- 

 vember. The 1st November, I am told. 



THE PRESIDENT : Thank you. 



SENATOR ROOT; You see this covers the practical resort for bait. 

 Our vessels leave the New England coast about the 1st March, they 

 take their first baiting with them, or pick it up somewhere along the 

 route, along Nova Scotia; but when they have used up that first 

 bait, then they want to go to the nearest place where they can get it, 

 and get it as quickly as possible, and get back. 



