ARGUMENT OF MR. ROOT 53 



It would have excluded Canadians and it would exclude from the 

 shore fishermen, Newfoundlanders, coming from other parts of the 

 country. Such is the nature of fishermen that they do not Hke to 

 have their own local fishing interfered with by anybody. He may 

 be friend and brother, but they want their own fishing for them- 

 selves; and this is a shore protection statute. As I go on with 

 these I am not going to contend that they had specific interference 

 with the American right in their minds in passing each of these 

 statutes. In some of them later I think they included American 

 rights in what they meant to exclude, to bar out; but they are 

 following, in all this series of statutes, the natural impulse of man- 

 kind, of fishermankind, to protect their own fishing at their own 

 doors. It is the same impvdse that every boy has about the 

 stream that nms through his father's farm; and it is an impulse 

 that is inevitable, and not at all discreditable. 



The next statute that I would Uke to bring to the attention of 

 the Tribunal is the provision which now exists as section 25 of the 

 regulations of 1908. My reference to it is in the United States 

 Appendix, p. 202. 



Judge Gray: The last statute was in 1862, about? 



Senator Root: Yes; and that was continued along and 

 included in the consohdated statutes of 1872, and along in the 

 second consohdation of 1892, and this provision I am about to 

 refer to comes down from previous acts of legislation; but the most 

 convenient form in which to find it is in this provision in the 1908 

 regulations. 



The 1908 regulations were a reprint in this respect, and in most 

 respects, merely of regulations of previous years. It was rather 

 an edition than a new set of regulations. It is a new 1908 edition 

 of long-standing regulations. 



The provision is: 



"No herring seine or herring trap shall be used for the purpose of taking 

 herring on that part of the coast from Cape La Hune on the West Coast, and 

 running by the west and north through the Straits of Belle Isle to Cape John." 



Now, here is Cape La Hune in here (indicating on map) just 

 about 20 miles east of the Remea Islands; and this stretch takes 



