ARGUMENT OF ELTHU ROOT. 2213 



things designed to prevent concealment or evasion, applies here to 

 restrictions necessary to prevent drying, taking, and curing fish, and 

 to prevent abuse. What I have said about entry applies also. 



SIR CHARLES FITZPATRICK : Do you think so ? 



SENATOR ROOT : I should think so. 



SIR CHARLES FITZPATRICK: You are in touch with the land here. 

 You are constantly going to and from your ship to the land. 



SENATOR ROOT: I quite agree that special regulations are appropri- 

 ate to govern that intercourse with the land. 



SIR CHARLES FITZPATRICK: Repairs involve a great deal. 



SENATOR ROOT: I do not think that the way to deal with it is to 

 apply these statutes that are meant to apply to an entirely different 

 thing. It is like a man trying to lend somebody else his clothes, and 

 they do not fit. 



SIR CHARLES FITZPATRICK : A smuggler wears a great many differ- 

 ent garments. 



SENATOR ROOT: Quite different statutes are intended to deal with 

 smugglers from those intended to deal with vessels that come to the 

 custom-house and make entry. They are statutes relating to a lawful 

 proceeding while your smuggling statutes are quite different. I quite 

 agree that there are many provisions of smuggling statutes statutes 

 that are intended to be side-lines, to prevent ships from straying off, 

 from wandering over the pasture, and to make them come into the 

 custom-house if they are going to bring any goods in that furnish 

 illustrations of regulations which would be quite appropriate, and 

 the provision of the 1888 modus in Canada, which I have just referred 

 to, indicates that. That is that they need not enter or clear. 



' SIR CHARLES FITZPATRICK : That is where they come in for shelter. 

 But my difficulty has reference to their conduct when they come in 



for repairs. Repairs involve close contact with the land. 

 1338 SENATOR ROOT: They do not involve taking anything into 

 the country ; they involve getting something out. 



SIR CHARLES FITZPATRICK : Not always. 



SENATOR ROOT: And they call for quite a different set of regula- 

 tions. At all events, I am not disputing that 



SIR CHARLES FITZPATRICK: There will be some different provision 

 required in this case. 



SENATOR ROOT : I quite agree to that. I do not for a moment want 

 to have a conclusion which will enable Americans to go up there and 

 really abuse the privilege, as I have no doubt that sometimes they do. 



SIR CHARLES FITZPATRICK: You see St. Pierre, Miquelon, is so 

 convenient. 



SENATOR ROOT : Yes, undoubtedly, but I will leave the British Gov- 

 ernment to deal with its French ally on that subject. 



