ARGUMENT OF MR. ROOT 57 



That is to say, when capUn come in in such quantities that 

 human nature cannot stand it and the farmers can make good use of 

 them they can take them on Sunday. But when the herring come 

 in in such quantities that American human nature cannot stand it, 

 and they see the opportunity to make their whole voyage profitable 

 and support for themselves and their famiHes for the whole year to 

 come, by avaiUng themselves of the opportunity on the Sunday, 

 American hxmian nature must conform itself to the Revised Statutes 

 of Newfoundland. The Newfoundlanders are protecting them- 

 selves; they are giving latitude to themselves to correspond to 

 their own wants and their own wishes. The stern and severe rule 

 of exclusion is to be applied to the foreigner, whoever he is. 



That ends what I have to say about the Sunday provision. ^ 



The President: Senator Root, will you kindly continue your 

 address ? ^ 



Senator Root (resuming) : The next provision to which I refer 

 is section 9 of the Consolidated Statutes of 1892 of Newfoundland. 

 It appears on p. 176 of the United States Appendix. It wiU be 

 found a httle below the middle of that page (176) : 



"No person shall, between the tenth day of May and the twentieth day 

 of October in any year, haul, catch or take herrings or other bait for exportation 

 within one mile measured by the shore or across the water of any settlement 

 situate between Cape Chapeau Rouge and Point Enragee, near Cape Raye, 

 under a penalty of two hundred dollars" and so on. 



You will perceive that this time, between the loth May and the_ 

 2oth October, covers the period during which bank fishermen would 

 wish to resort to the coast of Newfoundland to obtain bait, and this 

 provision prohibits the taking of bait by anyone in any way within 

 a mile of settlements. 



There is a curious similarity in that to a treaty to which I expect 

 to call your attention hereafter upon another point. 



Judge Gray: Will you point on the map where that is. Senator ? 



'Whereupon, at 12.15 o'clock p.m., the Tribunal took a recess until 2.13 



o'clock P.M. 



'Thursday, August 4, 1910, 2.15 p.m. 



