ARGUMENT OF ELIHU ROOT. 2215 



it was entitled to have to carry on its enterprise, a condemnatory 

 fact. Anything of that kind should be avoided in any provision 

 relating to the conduct of these vessels under Question 3 or Ques- 

 tion 4. 



SIR CHARLES FITZPATRICK: Have you looked at the regulations 

 applicable to the North Sea fisheries? 



SENATOR ROOT : I have run my eye over them. 



SIR CHARLES FITZPATRICK: Can you not find something there 

 which would be useful? 



SENATOR ROOT: It is quite probable, and you will remember that 



there was not any real difficulty in settling upon those regula- 



1339 tions with Canada, and unless some disputed question of the 



basis of right comes in I should think there would be no 



difficulty. 



SIR CHARLES FITZPATRICK: You see Newfoundland has a pretty 

 extended coast line to look after. 



SENATOR ROOT : Undoubtedly, and I do not blame them for want- 

 ing to be pretty careful. 



SIR CHARLES FITZPATRICK : Do you think there is any very serious 

 objection to applying the same liberal spirit that you have manifested 

 in connection with Questions 3 and 4 to No. 2? Is there anything 

 to be gained by leaving this question of the employment of New- 

 foundland fishermen to uncertainty? 



SENATOR ROOT: Sir Charles, my difficulty about that is that when 

 you come to pass on the question of the effect of these statutes, you 

 have to consider them in reference not to the question in No. 2 ; that 

 may be a necessary preliminary to the consideration of them; but 

 you have to consider them specifically in reference to the question in 

 No. 1. 



SIR CHARLES FITZPATRICK: I am presupposing that is out of the 

 way. 



SENATOR ROOT : We have not presented that aspect of these statutes. 

 We have not presented these statutes at all. We have not presented 

 the relation between these statutes and the principles that will be 

 involved in your award undoubtedly under Question No. 1. We have 

 not argued them, or put them in our Case, or our Counter-Case, or 

 our written Argument. 



SIR CHARLES FITZPATRICK: It is exactly my embarrassment that 

 you have submitted all the statutes except the statute of 1906, so that 

 that question might arise hereafter. That is where the difficulty is. 



SENATOR ROOT: That was omitted from the enumeration of the 

 statutes because its effect has been suspended. 



SHI CHARLES FITZPATRICK : When it comes into force the question 

 arises. What advantage is there to be derived from keeping open 

 that difficulty when we want to settle all the difficulties ? 



