1000 CORRESPONDENCE, ETC. 



Governor MacGregor to Lord Elgin. 



[Telegram.] 



(Received 10.25 p. m., October 26, 1906.) 



I am requested by Ministers' minute transmit the following mes- 

 sage: 



With reference to your telegram of 23rd instant, my responsible 

 advisers desire to say that in the opinion which they have expressed 

 respecting the subversion of constitutional rights and over-riding of 

 colonial statutes they are supported by the opinion of the Minister 

 of Justice and of learned counsel of high standing in England, and 

 they propose, in accordance with the advice of said counsel, to test 

 the question as to whether the modus vivendi can over-ride existing 

 legislation of the Colony by taking legal proceedings against colonial 

 fishermen who have engaged themselves and proceeded in violation 

 of the law to prosecute the herring fishery. 



I have endeavoured to ascertain reference to law under which it is 

 intended to proceed, and shall inform you. MACGREGOR. 



Lord Elgin to Governor MacGregor. 



[Telegram.] 



(Sent 7.40 p. m., October 27, 1906.) 



Your telegram of 26th October. I shall be glad to have informa- 

 tion promised as soon as possible ; also to learn substance of opinions 

 referred to, and data on which they were based. 



In the meantime please report to what extent provisions of Bait 

 Act making it illegal to haul, catch or take bait fishes for exportation 

 without licence are actually enforced on Colonial fishermen, how 

 many such licences have been granted to Colonial fishermen this 

 year, and whether there have been any prosecutions this year of 

 Colonial fishermen for taking bait fishes for exportation without 

 licence, and if so, how many? ELGIN. 



Governor MacGregor to Lord Elgin. 



[Telegram.] 



(Received 7.20 a. m., November 1, 1906.) 



Referring to your telegram of 27th October, Ministers request me 

 to send you following message : 



Bait Act has been rigidly carried out throughout Colony. No 

 licences have been issued this year to local fishermen to allow them 

 furnish foreigners with bait, nor have any such licences issued in case 

 of the French since 1887 or in case of Americans since 1904, but last 

 year, in deference to desire of His Majesty's Government that this 

 Government should abstain during last season from any action likely 

 to cause friction between the United States fishermen and British 

 subjects no prosecutions were instituted against those who violated 



