2200 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



SIR CHARLES FITZPATRICK: What would be the meaning of the 

 words used by Mr. Reid in his letter of the 12th July, 1907, " that the 

 surrender of the right to hire local fishermen .... would, under 

 existing circumstances, render the treaty stipulation worthless 

 to us"? 



On the face of that letter, does it not rather imply an intention to 

 make that a condition of the reference ? 



SENATOR ROOT : Will your Honour give me the page ? 

 1330 SIR CHARLES FITZPATRICK: Page 509 of the British Ap- 

 pendix. 



In the very next paragraph he goes on to say : 



" My Government holds this opinion so strongly that the task of 

 reconciling it with the positions maintained in your letter of June 

 20th seems hopeless." 



SENATOR ROOT : May I call your attention to another feature of the 

 fourth paragraph ? What Mr. Reid says is : 



" in our opinion, sustained by the observations of those best qualified 

 to judge, the surrender of the right to hire local fishermen, who 

 eagerly seek to have us employ them, and the surrender at the same 

 time of the use of purse seines and of fishing on Sunday would, under 

 existing circumstances, render the Treaty stipulation worthless to us." 



SIR CHARLES FITZPATRICK : He put the three things together there. 



SENATOR ROOT: The prohibition against the use of that kind of 

 implement which was appropriate to the vessel fishery, and could be 

 used by the crews without having a great number of supplementary 

 men; and, at the same time, the prohibition of the employment of 

 these supplementary local fishermen, whether Newfoundlanders or 

 not, amounted to a foreclosing of them from the profitable exercise 

 of that industry. But that does not import into this Question 2 any 

 questions regarding any of the obstacles that had been introduced to 

 prevent local fishermen from engagirg with us. 



As to that part of the question which both sides agree is here: 

 Whether it is competent under the treaty for an American prosecut- 

 ing this fishing enterprise to employ and send to the waters of the 

 treaty coasts as parts of the fishing crew persons who are not inhabi- 

 tants of the United States; and laying entirely aside, not undertaking 

 to consider, whether the persons are unwilling or unable to accept the 

 employment, but assuming a willing and a competent contractor on 

 the other side, is the American owner of the fishing enterprise com- 

 petent under the treaty to make the contract on his side? 



SIR CHARLES FITZPATRICK : Perhaps you will allow me to say there 

 would be no personal disqualification, except the fact that he is not 

 an inhabitant. 



