1536 AWARD OF THE FISHERY COMMISSION. 



a further time shall be allowed by the Commissioners on application. The 



eTUeocfl brought forward in support of the United States counter case must be 



xl within u similar period after the opening of the United States case m answer, 



nrther time be allowed by the Commissioners on application. But as soon 



M the evident in support of the British case is closed that in support of the United 

 States (.hall bo commenced, and as soon as that is closed the evidence in reply shall be 

 commenced After which arguments shall be delivered on the part of the United States 



n writing within a perid often days, unless a farther time be allowed by the Commis- 

 Bionen on application, and arguments in closing on the British side shall be delivered 

 in writing within a further period of ten days, unless a further time be allowed by the 

 CotiiniiiiMiouers on application. Then the case on either side shall be considered finally 

 , !o*-<l unless the Commissioners shall direct further argument upon special points, the 

 British (Jovomnient having in such case the right of general reply, and the Commis- 

 Moner* Hhall at once proceed to consider their award. The periods thus allowed for 

 hearing the evidence shall be without counting any days of adjournment that may be 

 ordered by the Commissioners. 



The amendment which we would move would be to insert after the 

 words "the evidence in reply shall be commenced," the following: 

 'When the whole evidence is concluded either side may, if desirous of 

 doing so, address the Commission orally, the British Government having 

 the right of reply.'' 



Mr. Dot'TRE. 1 understand this, but it is not the motion under dis- 

 cussion. I have read the principal part of that motion, and I say this, 

 that, it' we take this to mean what our friends had in their minds when 

 they made their application, the only alteration that this rule would re- 

 quire would be this, "after which argument shall be delivered on the 

 part of the United States, orally or in writing, within a period of ten 

 days, unless further time be allowed by the Commissioners on applica- 

 tion, and arguments in closing the British case shall be," etc. 



Mr. TRESCOT. That is what Mr. Thomson proposes. 



Mr. DOUTEE. Exactly; and this does not give any more. But there 

 was in their minds more than this contains. We have it in their verbal 

 explanations. 



Mr. TRESCOT. So far as the construction of language goes, I have no 

 objection to your putting any construction you please or drawing any 

 inferences you choose from the language of the application that was 

 made last night. But that the intention of that application and of the 

 amendment we propose to-day were one and the same thing, there can be 

 no doubt. When we filed that paper what was wanted was distinctly 

 known, otherwise it would have been bad faith on our part, as we would 

 have been asking for one thing and intending to get another. There 

 wa no possible doubt what the object of this was, as is evident from 

 the fact Mr. Thomson suggested an amendment himself to counteract 

 our object, showing that he had clearly in mind what object we had in 

 view. 



Mr. DOI-TRE. My answer is that by reading this we suspected the 



foject of this paper was something more than to change the time when 



r learned friends should address the Commission. It only meant that 



stead ot doing so before adducing their evidence they would do so 



the whole of the evidence had been brought in. The object that 



friends have in view is very clear in the paper which has been read 



today by Mr. Trescot, but it is not so in the paper which was pre- 



Hterday, and we suspected this was an indirect way of secur- 



liich is not known in any court in the civilized world, namely, * 



ants should have the reply. They would have twice the 



f discussing the matter, when they have no right to be 



more than once. Now, why is the reply given to the plaintiffs ? 



that moment the position of the defendants is far more 



I hey have all the evidence of the plaintiffs in their hands, 



