2216 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



SENATOR ROOT: I know. It is merely that we did not intend to 

 submit any question arising from the effect of these Newfoundland 

 statutes on the persons at whom they were directed, and we did not 

 present the material for it in the Case, in the Counter-Case, or in the 

 printed Argument. We have not argued it here, and the questions 

 that will arise when we have disposed of this question of inhabitancy 

 may be very serious questions, dependent upon what your award is 

 under No. 1; and they ought to be studied, the material relevant to 

 them ought to be presented if they are to be decided, and they ought 

 to be argued if they are to be decided. Counsel occupy a little differ- 

 ent position from the head of a Foreign Office dealing with this 

 subject. Our warrant here is only to present these questions. We 

 are here not to present new questions, but we are here with authority 

 only to make oral argument before this Tribunal within the limits 

 of the questions that were stated. I think that perhaps if we were 

 now to go back again to the making of the special agreement, we 

 might possibly make some sort of an agreement classifying these 

 statutes, and submitting an eighth, or another, question in relation 

 to the effect of local statutes upon the citizens of the British Empire, 

 or of the locality, and present it, with the material relating to it 

 and argue it. But, as it is, our warrant is to argue these questions, 

 and, of course, the jurisdiction of the Tribunal is to decide these 

 questions, and I do not think we can go beyond it. 



SIR CHARLES FITZPATRICK: When will the statute that has been 

 suspended because of this reference go into effect ? 



SENATOR ROOT: That is a question that I cannot answer. 



SIR CHARLES FITZPATRICK: You understand the spirit in which I 

 put these questions to you ? 



SENATOR ROOT: Certainly I do, and that is why I said that perhaps 



if we were meeting together now and making a new agreement we 



might devise some form classifying the various questions liable to 



arise on the other side of the shield relating to the effect upon citizens 



of other countries of the statutes of their own countries. If 



1340 we had done so we would have presented a question relating 



to it. would have presented the material bearing upon it, and 



would have argued it ; but we did not. 



THE PRESIDENT: Is not Question 2 framed in quite a general way, 

 so that we are asked whether the inhabitants of the United States 

 have a right to employ as members of the fishing crews of their 

 vessels every kind of persons not inharbitants of the United States? 



S I:\ATOR ROOT: I think not. I think it is the right to employ anv 

 persons. 



THE PRESIDENT : It is persons not inhabitants of the United States. 

 Is not that to be understood as every kind of persons? There is no 

 distinction between the different categories of non-inhabitants. 



