ARGUMENT OF MR. ROOT 141 



French right and the annoyance, difficulty, turmoil, embarrassment 

 which Great Britain had suffered from her exclusion from all practi- 

 cal control over this very coast was a most cogent reason why, if 

 the negotiators had any idea of preserving the right of control, 

 they would have put it in the treaty, instead of leaving the right 

 to be expressed in the very terms which had been used in the grant 

 to the French. That finishes what I was proposing to say regarding 

 the inference to be drawn from the French right. 



The President: Have you finished what you intended saying 

 concerning that point ? 



Senator Root: Yes; but may I say one further thing, not part 

 of the argument ? On the 20th June, the Tribunal requested the 

 agents and cotuisel, in camera, to designate experts to be appointed 

 as members of the Commission pursuant to the third article of the 

 Special Agreement. The Agent for the United States immediately 

 cabled to the United States to have an expert come. He came 

 some httle time ago and we have been waiting for some action to 

 be taken to employ him. As so long a time has elapsed it seems 

 to me appropriate that I should bring the matter to the attention 

 of the Tribxmal and say that the United States nominates for a 

 member of the Expert Commission under Article 3 of the treaty 

 Mr. Hugh M. Smith, Deputy Commissioner of Fisheries of the 

 United States, who is here present and ready to perform his 

 duties. 



The President: Thank you, sir. The Court adjourns until 

 Monday at 10 o'clock. ' 



The President : Will you kindly continue, Mr. Root ? ^ 



Senator Root (resuming) : I wish to add to what I was saying 

 about the example of the French fishing rights on the Newfound- 

 land coast, as affecting the minds of the negotiators of the treaty 



'Thereupon, at 4.15 o'clock p.m., the Court adjourned until Monday, 8th 

 August 1910, at 10 o'clock A.M. 



^Monday, August 8, 1910. The Tribunal met at 10 A.M. 



