ARGUMENT OF MR. ROOT 51 



almost as long as the drift nets that are used in the Holland and 

 Scotch herring fisheries; they put these out, baited, and after they 

 have been left there long enough for the fish to have taken their 

 luncheon, the fishermen go round and draw the lines in and take 

 the fish off. 



The local fishermen in certain localities objecting to these bul- 

 tows. Sir James says they prohibited the bultows in those localities. 

 Over on p. 3431 of the record [p. 570, supra] Sir James says: 



"The same general observations that I have made about bultows apply 

 to seining, with this exception, that there is more unanimity of opinion on the 

 matter of seines than there is to bultows. The fact that bultows are pro- 

 hibited in a number of places on the coast is because, on account of local cir- 

 cumstances, the reasons are different, and it is generally left to those who have 

 the best information on these matters in each of the localities to decide and to 

 help the legislators. It is generally upon their opinions and views that these 

 regulations are made; in other words, they are made to suit the circumstances, 

 views, and opinions of the people. It is a sort of what is called local option, 

 and from this it results that the prohibition of bultows is not general or universal. 

 But, it is different with seining." 



There you have stated, upon unimpeachable authority, with 

 great frankness, and an accuracy which is supported by a reading 

 of this record, the way in which Newfoundland makes these regu- 

 lations which Great Britain wishes you to say constitute and will 

 constitute an adequate protection for the very rights that the local 

 fishermen in these localities are seeking to protect themselves 

 against. 



Now, as to the specific statutes: In the first place, the legisla- 

 tion began with the Act of 1862, which the Tribunal will remember 

 prohibited the taking of herring by seines between the 20th October 

 and the following April: 



"That no person shall haul, catch, or take Herrings in any Seine, on or 

 near any part of the Coast of this Island, or of its Dependencies on the Coast 

 of Labrador, or in any of the Bays, Harbors, or any other places therein, at 

 any time between the Twentieth day of October and the Twelfth day of April 

 in any year." 



I think there is satisfactory evidence in the case that that 

 statute was passed with no idea of applying it to Americans. It is 

 not very important, but I think that will be quite clear as I go on 



