2196 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



that our friends upon the other side say the Tribunal ought to decide 

 as incident to the decision of this Question 2 is the one thing that 

 never has arisen to be decided. 



Newfoundland has done these things: In the first place (British 

 Appendix, pp. 757 and 758, American Appendix, pp. 197 and 199) 

 she has forbidden any person whatever, of whatever nationality 

 or race, to engage in the crew of any foreign fishing- vessels in the 

 waters of Newfoundland ; and on p. 197 of the American Appendix, 

 towards the latter part of the first article, will be found the pro- 

 visions to which I specifically refer. You see that does not apply 

 to Newfoundlanders specifically. If any person is engaged within 

 that jurisdiction, the vessel is forfeited; and that really was the 

 pivot upon which the subject revolved. The. United States vessels 

 had been in the habit of supplementing their crews in order to enable 

 them to take their fish more expeditiously. They had been in the 

 habit of supplementing the crews by picking up men from Xova 

 Scotia. North Sydney was the great shipping place. They also 

 employed these men up on the Newfoundland coast. This statute 

 forbade the shipment on the Newfoundland coast, in Newfound- 

 land waters, of anybody, it made no difference who, and that forced 

 the United States vessels back to these ports in Nova Scotia to sup- 

 plement their crews. That was, of course, much less expensive than 

 to bring people clear up from the Massachusetts coast, and pay 

 them and feed them during the long voyage up and back. Then 

 Newfoundland put in a provision forbidding any Newfoundlander 

 to leave the colony for the purpose of engaging in foreign fishing- 

 vessels, "which are fishing or intend to fish in the waters of the 

 colony." That is the 7th article of the Act of 1906. That was to 

 prevent their going over to North Sydney and forming a part of 

 the material from which the supplement to the crews was obtained. 

 Still there was no prohibition against the Newfoundlander ship- 

 ping in an American crew. There was the specific prohibition 

 against his leaving the colony for the purpose of doing it. Any 

 Newfoundlander who had left the colony for any other purpose wu.s 

 entirely at liberty to do it; but for the fact that he would run 

 against another provision, which was not directed against New- 

 foundlanders, but against British subjects generally. 



JUDGE GRAY: I beg pardon, Mr. Root; would you mind repeating 

 that ? I did not catch it. 



SENATOR ROOT: I say any Newfoundlander was at liberty to ship 

 in an American crew unless he had left the colony for the express 

 purpose of doing it; but for the fact that he would run against an- 

 other provision of law which was directed against British subjects 

 generally. That is article 6 of the Act of 1906 : 



"No person, being a British subject, shall fish in, from or for a 

 foreign vessel in the waters of this Colony." 



