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Mr. Fouler.— I linvc already pointwl out the Bubstanco of it on paf?e 133. 



Mr. Thomson.— Auil I say that the Mjl)8tiinci! of the statements which apyiem on 

 page 128 is exactly fho oppoHlte. 



Mr. Foster.— I dure sny. Mr. DuvicH was then examining ; but the statements from 

 whicli I (juoted were made in crosR-exDminntion. 



Mr. Thom.iou. — Tlie following statement appears on page 44 of Mr. Foster's 

 argument : — 



"Tlmt wnuM iiinkc 24,-Kil luirn-ls canj^lit in r.riti.sli trrritoriiil waters tlio first year of tlii; Treaty. 

 What were tiif.Mc iimckiuul worth > Mr. Hal] teUs you that hu Imyu tlioiii lauded on shore for 

 3 dills. T"i I'. II liarri'l." 



Tills is the point to which F wish to call your attention. I cannot comprehend why 

 Mr. Foster shoulil iissiinic the riiluv of the privilege of taking these Hsh to be fixed by the 

 cost of procuring llieiii. It seems to me (piite clear that the value of tish in the water, 

 is ju.st their value in the market — less the cost of procuring them and transporting them 

 thitiicr. 



However, taking bis own method of valuation, this calculation is based on the state- 

 ment which ^Ir. Hall mak(s, that he bought u|) lluse mackerel tor 3 dols. 7.') c. a barrel. 

 I have looked over Mr. Hall's evidence, but it is very ditficult to say whether he meant 

 that he paid .'J <lols. 75 e. a barrel by reason of having his men in his employ on particular 

 terms, or that he got them at that price; but (icnrge McKi n/ie, who was also a witness, 

 states on jmgc l.'VJ of his evidence, that be paid fi dollars a barrel for mackerel this 

 year. Now, these two statements are entirely iit variance, if Mr. Hall meant that such 

 was the actual value of the fish when they were taken out of the water and transferred to 

 him. 



Mr. Foster. — Mr. McKen/.ie testified as follows on page 1.3'2 : — 



" (). Tlit'U ilii Villi )irtjr iiM liijjli u.s tl dnll.oN a li.irrrl Tur frrsli li.ili t — A. Yi'S. 



"(). lliiw niiii-li iliil Villi |iiiy I:ist, yi'iir ' — A. AVi^ did notlliim pay liigliiT than 1 dol. 50 c. 



"(). TIml WDiild III' i dcij. ,",ii c. II iiiuivl ^— .V. VfM. 



"(). j\nil tlh' vi'iir 111 I'liri' Ixst '. — A. Tlic iiriro tluii was the same as it wa.s lust year. 



" t,'. lliiw iiiiiili did yiiu jmy I'lmr year.s w^n > — A. Aliuut the biiine, from 1 dol. to 1 dol. 50 c." 



Mr. Tliriinsnn. — As you will perceive, Mr. McKcn/.ie states, as I .said, that he has 

 given (i (liillars a l):>ircl tor thoc ti<li this year, us uifaiiist the |)rice which Mr. Hall chose 

 to say he only pays, or '\ ilola. 7.') c. a Laird. Mr. McKcn/ie says that these lish cost 

 him (i dollars a barrel. Mr. Foster's caleuliition is biiscd on tlic statenjent made by 

 Mr. Hall, and this is here confronted with the cviiii'iice of Mr. McKen/ie. 



If your l'..\ccllency and yoin- lliniours liclicvi' that the evidence given on this point 

 by Mr. .McKcn/ic is correct, ami yon must jiiil'.:e between the two, thi; calculaiion of 

 Mr. Foster is iieces^iiiily at tanh. 



Mr. Fostrr. — .Mr. McKenzic buys his ti^h by the hundred, and he estimates the 

 number of fish c()i\taiiicd in a l)arrcl ; that is tlic way in whieh he nudves out the price as 

 being ti dollars a barrel. 



Mr. T/iiiiiisoii. — .Mr. Foster says: "That would make 2f),4()4 barrels caught in ISritish 

 territorial waters that year," whieli was I's7.3. Now I take .Mr. Foster's own figures in 

 this matter. He further says on page 14 : — 



"Tlial \Mis ill.' til M year 111' Uii' 'I'l-raly, .iiid llirrc uiie iiii|icirlrd iiitu llir I'liiled Sliites frulii ihe 

 Mritisli I'liiviiiri'S '.lo.SS'.t liiirii'ls, nil wliirli the duly nl' L' di'lhir-. ;i li:invl wmiM iiiiiininl in ISlJTy 

 diilhirH. 'iiii' viiiiie III' til.' HkIi I hill our |ieii|i|i' eaii^lit i.s '.i'.i,iJi>ii diiUars, iiiid llie llritisli h.^ilieimea gain 

 ill re!iiis.siiiii III' duties iienrly l.S:.',iMMl dnliars." 



This is till' (inly vear wliiib .Mr. Foster has selected. 



Mr. Foster. — I have taken the figures tor every yciir since the Washington 'I'reaty 

 went into ellect. 



Mr. Tlifiiiisnii. — F.ven allowing, as the United States" afKdavits aflifiii, that the part 

 of the gull' cateli wliicii is taken liy them witliiii the tlueo-mile limit only anioimts to 

 one-liidf, we have 40.000 barrels. To tiiis i|uaiitity you have to ail.i the (piatitity 

 imported from Caiiaela, which is nearly :'ll lakeii inshore, lummnting to !ll,OOU barrels, 

 the totid is l.'M.OOO barrels, and conse(|i»'iitiy it appears t'rom these liu'iiics that there 

 were taken fn mi lirilisli territorial waters ulimit la |)er cent, of the entire eonsninptiou 

 of the United State-;. And if the proportion ol tin- voyages iiiiiiie in the gulf, and taken 

 within the thnc-inile limit be two-tliirils, tlieii these figures are incrca.scd to h'»0,0;)0, 

 or to over ;">0 per cent., and this is the result whieh follows from Mr. Foster's own 

 figures. 



12801 -'J K 2 



