330 FISHERIES ARBITRATION AT THE HAGUE 



There was no occasion to answer it, because no such situation arose. 

 No such situation existed, and none has ever existed. Newfound- 

 land never has prohibited her citizens as Newfoundlanders from 

 taking employment upon vessels of the United States. It is curious 

 that the one thing that our friends upon the other side say the Tri- 

 bunal ought to decide as incident to the decision of this Question 2 

 is the one thing that never has arisen to be decided. 



Newfoundland has done these things : In the first place (British 

 Appendix, pp. 757 and 758, American Appendix, pp. 197 and 199) 

 she has forbidden any person whatever, of whatever nationality 

 or race, to engage in the crew of any foreign fishing vessels in the 

 waters of Newfoundland; and on p. 197 of the American Appendix, 

 towards the latter part of the first article, will be found the provisions 

 to which I specifically refer. You see that does not apply to New- 

 foundlanders specifically. If any person is engaged within that 

 jurisdiction, the vessel is forfeited; and that really was the pivot 

 upon which the subject revolved. The United States vessels had 

 been in the habit of supplementing their crews in order to enable 

 them to take their fish more expeditiously. They had been in the 

 habit of supplementing the crews by picking up men from Nova 

 Scotia. North Sydney was the great shipping place. They also 

 employed these men up on the Newfoundland coast. This statute 

 forbade the shipment on the Newfoundland coast, in Newfound- 

 land waters, of anybody, it made no difference who, and that 

 forced the United States vessels back to these ports in Nova 

 Scotia to supplement their crews. That was, of course, much 

 less expensive than to bring people clear up from the Massa- 

 chusetts coast, and pay them and feed them during the long 

 voyage up and back. Then Newfoundland put in a provision for- 

 bidding any Newfoundlander to leave the colony for the purpose 

 of engaging in foreign fishing vessels, "which are fishing or intend 

 to fish in the waters of the colony." That is the seventh article of 

 the Act of 1906. That was to prevent their going over to North 

 Sydney and forming a part of the material from which the supple- 

 ment to the crews was obtained. Still there was no prohibition 

 against the Newfoundlander shipping in an American crew. There 

 was the specific prohibition against his leaving the colony for the 

 purpose of doing it. Any Newfoundlander who had left the colony 



