1974 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



I was about to refer to a curious similarity between this provision 



and the treaty of 1878 between Austria and Italy, which I was 



1195 intending to refer to upon another point. In that treaty in 



which Austria accorded rights of fishing to Italy upon the 



Dalmatian coast, the east coast of the Adriatic, there is a margin of 



1 mile. Treaty rights are not allowed to come within 1 mile. 



These gentlemen here have made a new treaty. They have put 

 into their statute the same kind of limitation which Austria put into 

 a treaty, protecting these people who dwell upon the coast for a mile 

 from all their settlements, from the incursion of anyone to take bait, 

 protecting their industry, protecting the sale of bait. 



The next provision is a- provision relating to purse seines. 



JUDGE GRAY: When you say there is a discrimination, will you be 

 good enough to point out just what it is in that 9th section. The 

 President and myself both would like an explanation. 



SENATOR ROOT: 



"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." 



That bars the Americans from the convenient and approximate 

 treaty coast entirely, but it leaves the great body of Newfoundland 

 open, where the Americans cannot go open to the taking of bait for 

 the purposes of sale. 



SIR CHARLES FITZPATRICK : Is what you say now affected at all by 

 section 28 which is found at the foot of p. 178 ? 



SENATOR ROOT: That depends upon the meaning and force which 

 they give to that clause. 



As I have already said, it is quite clear from the other evidence in 

 the case, when the original Act of 1862 was passed, I do not think 

 they had any idea of its applying to Americans, but there did come a 

 time when that view changed. 



Lord Salisbury in his correspondence with Mr. Evarts regarding 

 the Fortune Bay affair took the view that these statutes did apply 

 to Americans, and while he abandoned the view that statutes passed 

 after the treaty of 1871 applied under that treaty, he still main- 

 tained that statutes passed before the treaty did apply to rights under 

 the treaty; and when they went a step farther, and Lord Granville 

 wrote in his letter of 1880, he took the position that the statutes of 

 Newfoundland generally applied, and I do not know whether when 

 they passed this law they thought that this saving clause did apply to 

 Americans, or did not apply. 



SIR CHARLES FITZPATRICK: Would that not appear fairly obvious? 

 If that section is to have any effect whatever, it must apply to the 

 treaty rights of the Americans. 



