66 FISHERIES ARBITRATION AT THE HAGUE 



herrings or fishing for them. ... If the position that I have take up in regard 

 to this section of the coast of this colony is correct, the exclusive rights to 

 the winter herring fishery are under the British flag to-day, and always have 

 been so ever since the dominion of the British flag was first estabhshed in 

 North America." 



I am not at this moment going to take up the argmnent of 

 Question Six. I refer to the attitude of the government of New- 

 foundland upon it as one of the group of circumstances illustrating 

 the spirit and purpose of the government of NeT^foundland. It 

 is set up here to be the judge of our rights, and it is to be the 

 judge of our rights unless our construction of this treaty, which 

 makes a definite line, be a correct construction. 



Sir Robert Bond, says the counsel, has been turned out of ofiice. 

 Aye, but the government of Newfoundland is here by counsel 

 asserting, maintaining, the attitude of Sir Robert Bond. Says 

 Sir James Winter: 



"But the fact that the question is now raised for the first time is because, 

 up to the present time, they have never done cod-fishing, as it was expected 

 and contemplated when the treaty was made, and they now come in to prose- 

 cute a business to which the Newfoundland government, at any rate, very 

 strongly object, namely, the fishing for herring in the bays on the west coast." 



I am reading from p. 3582 of the typewritten Argument [p. 597, 

 supra]. Sir James proceeds: 



"When they set up this claim for the first time it becomes necessary to 

 inquire strictly into their legal rights. Then, for the first time, we examine 

 into their title deeds to see what their title is to exercise this new fishery, to 

 carry on a new business which it is the object and purpose of the Newfound- 

 land government, for the present at any rate, to prohibit altogether." 



Nor is it a new purpose, a new policy with Sir Robert Bond. 

 That very excellent gentleman's name has come into prominence 

 in the discussion because it happened to be he who made this great 

 discovery, which discovery was but one of the incidents of the 

 execution of that pohcy. In his speech of the 12th April, 1905, 

 reading from p. 413 of the United States Counter-Case Appendix, 

 I find Sir Robert Bond saying: 



"My memory as a member of this Legislature goes back now for nearly 

 a quarter of a century, and I do not remember that the position was ever 

 before taken in this house that our fishermen could not compete with either 



