1530 AWARD OF THE FISHERY COMMISSION. 



forced into that position by the counsel on the other side refusing to 

 make an oral argument, we cannot help it; but I hope this tribunal 

 will not give that course its sanction in advance, and so compel the 

 result, that we must open everything and they nothing. The adoption 

 of our proiwsal would be of very great advantage to us. I am not de- 

 fending myself against a charge of trying to get an undue advantage, 

 for under no possible construction of our proposed rule would it give us 

 anv advantage, except the opportunity to know fully what is the case 

 on'the other side, and if that is an advantage, it is a just advantange. 

 But I wish to say that I am quite confident the learned counsel have 

 not fully consideVed the position in which they place themselves, us, 

 and the'members of this court by the amendment they propose to-day. 

 And it would give me great gratification to see them rise and withdraw 

 it and say : u You may make your arguments on the facts orally when 

 they are placed before the tribunal ; we will then consider whether we 

 wish to make an oral argument or not ; if we do not, you will never 

 know our views; if we do, you will get such knowledge as we see fit to 

 disclose. Then you may put in your printed argument, and we, will 

 have the opportunity of putting in our printed closing argument, which 

 ends all, unless the court should intervene and think the other side 

 should have a reply, because some new points were made." 



That power, of course, is possessed by the tribunal, and no doubt will 

 be fairly administered. But I do not like to take my seat until I feel I 

 have impressed on the Agent and learned counsel for the Crown the fact 

 that, if we are compelled to make both our arguments before they are 

 called upon to make any observations, and before we have heard what 

 course they are going to take, it will be a very great disadvantage to 

 us, especially when we consider they will be in possession of all we pro- 

 !K)se to say on the subject of the testimony and the facts. Now, the 

 view which the learned counsel for the Crown may take of certain facts 

 may be one that has not occurred to us. The illustrations they may 

 furnish, and the manner in which they may deal with the various wit- 

 nesses, are matters regarding which we have not the prescience abso- 

 lutely to know. We have got, however, to make our oral argument 

 without having this knowledge; but if our proposal is adopted we have 

 at least the power of answering the other side in our printed argument. 

 So it seems to me fair that before we put in our second argument we 

 should have heard their first. I am quite sure this tribunal will feel, 

 and never cease to feel, while you are discharging your present duties 

 ami afterward, if the amendment is adopted and the counsel of the 

 United States compelled to deliver their arguments, written and oral, 

 l>efore the Crown had given us any idea of their views of the facts, how 

 they mean to apply them to your honors' minds that this, though 

 fairly intended, is not fair, and you will say, We find so much in the 

 1 argument of the counsel for the Crown on the testimony, which 

 tly was not foreseen by the counsel for the United States in inak- 

 tlieir argument, that, to give them an opportunity to reply, we must 

 call them back/' 



We do not dosire that, and your honors do not desire it. As the 



unael on the other side do not object to our proposition in 



e willing to accept it upon a single condition, which condition* 



I have shown, I trust your honors will say you cannot 



that condition upon us. I do not hesitate to say, although my 



friend the Agent of the United States, is alone responsible for 



* to be taken by the Government, we could not accept it and 



would withdraw the piopo.sal altogether. Then we would either 



