52 FISHERIES ARBITRATION AT THE HAGUE 



in developing certain facts under other heads. And they put into 

 the statute, under Article lo: 



"Provided always, That nothing in this Act contained shaU in any way 

 affect or interfere with the rights and privileges granted by Treaty to the 

 Subjects or Citizens of any State or Power in amity with Her Majesty." 



I must say, and I think, the Tribunal wiU agree, that the legis- 

 lature of Newfoundland in passing that statute considered that 

 that saving clause excluded Americans from the purview of the 

 Act. What it did was to put the prohibition down during the 

 French off-season. I hope the Tribunal will tmderstand what I 

 mean by the "French off-season." 



The President: The season in which the French are not 

 permitted to fish — the winter season ? 



Senator Root: Yes; the season closes the 20th October. 



The President: Yes. 



Senator Root: From the 20th October until the French come 

 back again they put down this statute. 



The President: Yes. One section begins with the 20th 

 October, and the second section begins with the 20th December. 

 The first section would coincide with the French off-season, whereas 

 the second section would, perhaps, not totally coincide with it. 



Senator Root: I do not know why they fixed those dates in 

 this second section. 



The President: You do not know why the dates are fixed? 



Senator Root: No, I do not. I merely observed that the first 

 section did coincide with the period during which the French do 

 not fish. 



The President: Yes. 



Senator Root: It is a shore protection statute, because it is 

 limited to seines; and it is expressly provided that it shall not 

 prevent the taking of herrings by nets, which is the natural and 

 customary implement of the shore fishery — not necessarily exclu- 

 sive, but the customary and ordinary implement of shore fishery. 



