212 FISHERIES ARBITRATION AT THE HAGUE 



which was then before the two governments. Upon that he points 

 out a discrepancy between the terms of the instructions which Mr. 

 Thornton had sent to him and of certain other instructions which 

 had been given; the difference being the difference between employ- 

 ing the lo-mile and the 6-mile hmit, that is, applying the 3-mile 

 or the 5-mile zone Hmit. That was relevant to the subject they 

 were discussing. That was relevant to the subject that was up 

 before the two governments. Then he says (United States Case 

 Appendix, p. 610) : 



"Without entering into any consideration of questions which might be 

 suggested by the letter referred to, which I understand to be superseded by 

 later instructions, I think it best to call your attention to the inconsistencies 

 referred to, in order to guard against misunderstandings and complica- 

 tions. ..." 



Surely no one ever more effectively guarded himself against 

 being understood to have made admissions and to be bound by 

 irrelevant matter in the exhibits or appendices, annexes which hap- 

 pened to be in the mass of papers that had been sent him because 

 they contained matter which was relevant to a subject under dis- 

 cussion, than Mr. Fish did here. Of course, in the practical con- 

 duct of government, as in the ordinary affairs of Hfe, many subjects 

 become mingled in the same paper, many papers have to be com- 

 municated, communicated because of the irrelevancy and materiality 

 upon some subject which is imder discussion. It is a matter of 

 every-day experience that papers are sent to be examined with 

 reference to their bearing upon a particular subject which is under 

 discussion, and there may be a hundred matters in them which 

 are not relevant or not important. Is the person who receives 

 them obhged to sit down and construct elaborate arguments upon 

 every subject that is touched ypon in those letters, or is he to treat 

 merely what is relevant and material, but as to matters which have 

 nothing to do with the subject under discussion save himself by 

 some general expression of this kind? It needed no general ex- 

 pression to save him; but he did include in this letter this clear 

 and distinct statement, "without entering into any consideration 

 of questions which might be suggested by the letter." It is a pretty 

 slender case that has to rest upon such a reed as that. 



Another circimistance to which reference is made is what we 



