148 FISHERIES ARBITRATION AT THE HAGUE 



clause of this Order-in-Council seems to contradict the disposition 

 concerning the taking of young fry in the statute of 1663, because 

 there it is said: 



"That all the subjects of His Majesty's kingdom of England shall and 

 may forever hereafter peaceably hold and enjoy the freedom of taking 

 bait," etc. 



In a subsequent clause of the Order-in-Council of 1670 there is 

 the following proviso: 



"Provided always that they submit unto, and observe all such rules 

 and orders as now are, or hereafter shall be established, by His Majesty, 

 his heirs, or successors, for the government of the said fishery in Newfound- 

 land." 



Does not the proviso, "Provided always that they submit unto, 

 and observe all such rules" as are now or may hereafter be in force, 

 apply to the statute of 1663, and is not this disposition, under the 

 head of No. 7 of the statute of 1663, maintained by this disposition 

 of 1670? 



Senator Root: I do not read it so. I read it in this way: 

 such rules and orders as now are or hereafter shall be established; 

 and then they proceed to establish them. You can see that it is 

 immediately followed by a long series of orders. 



The President: Yes. 



Senator Root: In that way you make consistency. In 1663 

 there had been a prohibition against — 



The President: Against a special kind of fishing. 



Senator Root: That; and there is a prohibition against any 

 kind of fishing as well. It is broad prohibition against fishing. 

 Now, here comes a broad declaration of freedom of fishing. It 

 cannot be that the proviso was intended to repeal the main enact- 

 ment, but you are perfectly consistent when you say that they refer 

 to the rules and orders which they are now establishing in this 

 Order-in-Council. Therefore they call them rules and orders and 

 do not call them statutes. Thus it says that there shall be general 

 freedom of fishing "provided always that they submit unto, and 

 observe all such rules and orders as now are, or hereafter shall be 



