1562 AWARD OF THE FISHERY COMMISSION. 



behalf of Her Majesty's Government in detail. A reason stated by the 

 learned Agent of' the United States for asking for the decision of this 

 question now is that the matter should become a record of the Commis- 

 sion and if the Commissioners come to the conclusion that the right 

 to transship and obtain ice and bait and men and supplies for the fish- 

 ery are necessary incidents to the right to " take fish," and arise there- 

 fore bv necessary implication from the very terms of the treaty, and that 

 they ran be properly considered in making up the award, it should be 

 known and read hereafter. And I can understand if an award were to 

 be paid out of the United States Treasury, and in that sum was included 

 an amount for these already specified rights, and if any doubts existed 

 as to whether they were secured to the fishermen, those doubts should 

 be set at rest upon such payment. It will, however, hardly be con- 

 tended that this tribunal should be asked to give the grounds. It would 

 be utterly impossible to give such grounds on each branch of the case. 

 Take the argument of the counsel in relation to light-houses. The rep- 

 resentative of the United States, it appears, now thinks that the evi- 

 dence in regard to light-houses was irrelevant that is to say, if we had 

 no light-houses at all, our fisheries would be just as valuable as they are 

 now, and that if we had ten times as many as we have, no compensation 

 should be allowed in consequence of the efficiency of that service. I 

 don't know how it may strike others, but it seems to me just as reason- 

 able with the exception already mentioned, about which I cannot con- 

 ceive any cause of anxiety that a motion should be made to obtain a 

 decision in advance, for the information of the United States, as to 

 whether that nation was, in paying for the use of Canadian fisheries, 

 paying in any indirect way, and to what extent, for the support of the 

 lights to guide the United States in common with British fishermen 

 through the ocean storms. It is a matter entirely for the honorable 

 Commissioners whether they are content to give their award piecemeal 

 whether they are to state prematurely the grounds one ground to day, 

 another tomorrow upon which their award is to be made. 



It neems to me unfortunate that this question should not have been 

 raiN'd earlier. One thing will be admitted : If this question had beeu 

 Kubmitted at the outset if this tribunal had undertaken to hear argu- 

 ment, and if the decision had been adverse to us, a very large amount 

 of time would have been saved in the mode of submitting the testimony. 

 We should have had this advantage, that we might have fortified our 

 caxe on matters where the quantity of evidence is small. The learned 

 Manuel on the other side have listened to a large mass of testimony 

 which they now say is irrelevant. Suppose it should be so decided, the 

 States is in this position a large portion of time allotted to 

 i-tn will be saved. A great deal of time may be economised which other- 

 would have been occupied in meeting claims supported in our case. 

 succeeded in a matter of strict law. after our time has been oc- 

 in submitting a very large mass of evidence on questions now 

 to be excluded, the United States may now concentrate their 

 upon points which are held to be before the Commission, and 

 t will be contended that their evidence on these points 

 greatly preponderates. 



r. FOMTKK. We will K ive you more time. 



KATUERBB. Well, we have pretty well arranged our programme, 



" highly undesirable that the time should be lengthened. 



mb it to be inferred at all that it is intimated in the slightest 



e was any such motive governing; the selection of the 



iimo to make this motion. 



