2208 NOBTH ATLANTIC COAST FISHERIES ARBITRATION. 



special flag or vane that they carry, something to identify. I quite 

 agree that it is a reasonable, sensible thing that vessels going to the 

 coast of another country to exercise a right under a treaty should 

 identify themselves in some appropriate way, and indicate in an 

 appropriate way to the authorities of the country who they are, and 

 what they are, and what they are there for, and what the rights are 

 that they propose to exercise. We will not quarrel about that. I 

 do not think there is really much difference between the counsel on 

 the two sides in this respect. 



But I want to emphasise the distinction between " report " and 

 "entry," because a failure to observe that might lead to unintended 

 results. 



The entry of a vessel is the transaction, the process by which a ves- 

 sel carries itself and its merchandise across the line of exclusion of a 

 country; quite a different thing from a report. It is the process by 

 which it acquires a right to have the merchandise, the goods that it 

 brings, enter into the general stock of merchandise of the country. 

 upon payment of whatever dues and exactions the laws may impose. 



The laws relating to entry in Newfoundland, in Canada, all the 

 laws all over the world, relating to the entry of vessels, are designed 

 to regulate that process, and they are not applicable to vessels that 

 do not go through the process. These vessels never really do get 

 into the country at all. These fishing- vessels never get into New- 

 foundland. They never pass that invisible line which makes the dis- 

 tinction between what is in Newfoundland and what is out of New- 

 foundland, what can be dealt with as being part of the general stock 

 of property in Newfoundland, and what cannot be. And imposing 

 upon our fishing-vessels the steps of that process is quite unnecessary, 

 quite inappropriate, and might lead to consequences that nobody ha- 

 ever contended for at all. It is agreed and expressly conceded that 

 there is no right to impose duty upon articles which may be upon 

 these fishing- vessels. Subjecting them to entry would carry an impli- 

 cation that the articles that they had on board, being carried across 

 that line, became subject to duty. I especially ask the attention of the 

 Tribunal to guard against making any award under this question 

 which might possibly give rise to an idea on the part of anyone here- 

 after that the process that has taken place justifies the exaction of 

 duties, and might lead to the exaction of duties upon the material or 



articles upon these vessels. 



1335 SIR CHARLES FITZPATRICK: A vessel that calls at a port for 

 orders, as I understand it, Mr. Root, merely reports; it niakts 

 no entry ? 



SENATOR ROOT: I understand so. 



SIR CHARLES FITZPATRICK : It simply reports its presence there. 



