p 



20 



United States, we would ask leave to make a slight change in the order of our pro- 

 ceeding as it has been at present arranged. 



"According to the present arrangement it will be our duty to open our case in 

 advance of the testimony, by laying before you the general scheme of our argument, 

 and indicating the points upon which evidence will be submitted in its support. 



"The character of the testimony which has been now sul)mitted in support of the 

 British Case, and the tenor of that which we will offer (as may be inferred from the 

 evidence of tlie two witnesses wliom we were allowed to examine out of order) have 

 impressed us with the conviction that a practical discussion of the real issues will be 

 more certainly secured, and the time and patience of the Commission will be more 

 wisely econoniised, if wc are allowed to submit sucli views as it may be our duty to 

 maintain at tl'.o dose, instead of in advance, of the examination of witnesses. 



" As we understand the wish of both (Jovcriunenls to be that the whole discus- 

 sion shall l)c as frank and full as possible, it has occurred to us tiiat you might be 

 disposed ( > allow i:s to adopt such an arrangement as would, in our judgment, best 

 enable us lo lay before you a complete presentment of the opinions of the tiovern- 

 ment we n^present. And we led more assured in that opinion, as this privilege 

 de])rives C(Miiisel on the other side of no a(lvaiitai;e which they now possess. For 

 beside the right to repiv to the urinted Argument, which they now have, we would 

 of course expect that they would also be allowed the right of oral reply, if they 

 desired to exercise it. 



'• An o|)ening speech is not necessary, as the Co\nisel for the other side have 

 shown, but it would be obviously improper to submit this case without a careful 

 review of the testimony which will have been olfered on both sides. And this can 

 be done with more ctmvenicnce and thoroughness by an oral speech than by a written 

 argument. To say all that it may be our duty to say in a printed argument would 

 be impossible without swelling it into a volume of unreadable proportions. 



" It is our purpcse to make the printed Argument a complete but concise sum- 

 mary of the contention, a clear statement of the principles involved, and the autho- 

 rities referred to, accompanied by an analysis of the leading facts of the testimony. 

 This we can do, so as to make it an efficient help to you in your own examination 

 of the case, if we are not com|)ellcd to overload it with all the discussion which the 

 evidence and the case itself suggest, but which we could sufficiently dispose of in 

 oral argument. 



"We would therefore request permission so to distribute the argument on our 

 side as to have the opportunity of submitting our views orally upon full comparison 

 of all the testimony taken. It is no small inducement to make this request that 

 we believe that upon the close of the testimony we will he able to dispense with 

 much aigument which we can scarcely avoid in the present imperfect condition of 

 the testimony. 



" Respectfully, 

 (Signed) "Rich. H. Dana, .Tun. 



"Wm. IIhnuy Trescoi 



3T,/ 



Counsel for United States." 



Mr. Foster supported the application. 



Mr. Doutre stated that the matter should receive consideration, and requested 

 permission to defer giving a definite answer until the next meeting. 



The Commission then adjourned till the following day at noon. 



(Signed) ^fAFRTCE DELFOSSE. ^Signed) FRANCIS CLARE FORD. 



E. H. KELLOGG. DWIGHT FOSTER. 



A. T. GAJLT. 



3. n. G. Bergne. 



/ 



Protocol No. 26. 



Record of the Proceedings of the Fislieries Commission, at the Twenty-Sixth Confe- 

 rence, held at Halifax, Nova Scotia, on the 29th day of August, 1877. 



The Commission met at noon, as appointed. 



The three Commissioners, and the Agents of the United States and of Great 

 Britain resi)eetively, were present. 



15y direction of the President, the Secretary read the records of the last Confe- 



