ARGUMENT OF ELIHU BOOT. 2041 



tiators had any idea of preserving the right of control, they would 

 have put it in the treaty, instead of leaving the right to be expressed 

 in the very terms which had been used in the grant to the French. 

 That finishes what I was proposing to say regarding the inference 

 to be drawn from the French right. 



THE PRESIDENT: Have you finished what you intended saying 

 concerning that point ? 



SENATOR ROOT : Yes ; but may I say one further thing, not part of 

 the argument? On the 20th June, the Tribunal requested 

 1235 the agents and counsel, in camera, to designate experts to be 

 appointed as members of the Commission pursuant to the 

 third article of the Special Agreement. The Agent for the United 

 States immediately cabled to the United States to have an expert 

 come. He came some little time ago and we have been waiting for 

 some action to be taken to employ him. As so long a time has 

 elapsed it seems to me appropriate that I should bring the matter 

 to the attention of the Tribunal and say that the United States nomi- 

 nates for a member of the Expert Commission under article 3 of the 

 treaty. Mr. Hugh M. Smith. Deputy Commissioner of Fisheries of 

 the United States, who is here present and ready to perform his 

 duties. 



THE PRESIDENT : Thank you, sir. The Court adjourns until Mon- 

 day at 10 o'clock. 



[Thereupon, at 4.15 o'clock P. M., the Court adjourned until Mon- 

 day, August 8th, 1910, at 10 o'clock A. M.] 



THIRTY- SEVENTH DAY: MONDAY, AUGUST 8, 1910. 



The Tribunal met at 10 a. m. 



THE PRESIDENT : Will you kindly continue, Mr. Root. 



SENATOR ROOT (resuming) : I wish to add to what I was saying 

 about the example of the French fishing rights on the Newfound- 

 land coast, as affecting the minds of the negotiators of the treaty of 

 1818, a reference to the observation of Sir Robert Finlay in his 

 opening argument, which appears at p. 1204 of the typewritten 

 report [p. 207 supra]. He said: 



" It is perfectly true that Great Britain did not frame regulations 

 for the exercise by French fishermen of their rights upon the French 

 shore of Newfoundland, and she did not do it for this reason. 

 France throughout claimed that her rights upon these shores were 

 exclusive. She asserted that in the strongest way. And, although 

 that right was never admitted by Great Britain, it is perfectly ob- 

 vious that Great Britain could not have undertaken the framing 

 92909 S. Doc. 870, 61-3, vol 11 30 



