PERIOD FROM 1905 TO 1909. 1001 



Bait Act by engaging themselves to Americans to catch bait fishes 

 or who sold to Americans. Twenty Colonial fishermen have been 

 prosecuted this year for taking bait fishes for exportation without 

 licence. 



Am informed by Prime Minister that English counsel intimates 

 that proceedings may be taken under Cap. 129, Consolidated Stat- 

 utes, of 1892, or under the Marine and Fisheries Act, 1898. 

 MACGREGOR. 



Governor MacGregor to Lord Elgin. 



[Telegram.] 



(Received 9 a. m., November 4, 1906.) 



Minister of Justice has prepared instruction for Inspector, Bay of 

 Islands : 



Instruction begins: Government has decided on enforcement of 

 provisions of Bait Act during the present herring fishing Bay of 

 Islands. Government has been advised by me that Bait Act is not 

 in any way superseded by terms of modus vivendi entered into be- 

 tween His Majesty's Government and the Government of the United 

 States of America. I am desired to request that you will take action 

 immediately against any one of our fishermen who has violated 

 Bait Act. I have instructed Counsel proceed to Bay of Islands and 

 he will advise you as to proper form of summons, &c. Until Counsel 

 arrives you can consider most convenient way to effect service of 

 process on the party whom you may elect as the defendant in the 

 case. Instruction ends. 



I have requested that instruction may be withheld till 7th Novem- 

 ber. MACGREGOR. 



Lord Elgin to Governor MacGregor. 



[Telegram.] 



(Sent 7.5 p. m., November 9, 1906.) 



Your telegram, 3rd November. As your Ministers are well 

 aware, the Modus Vivendi was arranged with a view to the preven- 

 tion of action which would embitter the discussion proceeding be- 

 tween His Majesty's Government and the Government of the United 

 States as to the proper meaning of the treaty of 1818 a discussion 

 rendered inevitable by the policy of your Ministers. 



With full knowledge of these facts your Ministers have deliber- 

 ately decided to take action which may immeasurably increase the 

 difficulty of the task which Newfoundland has imposed upon Great 

 Britain. In these circumstances I have to inform your Ministers 

 that, in endeavouring to frustrate the purely temporary measures 

 which His Majesty's Government consider most likely to lead to a 

 successful termination of the negotiations with the United States, 

 they incur a grave responsibility which His Majesty's Government 



o Received 4th November. 



