ARGUMENT OF MR. ROOT 331 



for any other purpose was entirely at liberty to do it; but for 

 the fact that he would run against another provision, which was 

 not directed against Newfoundlanders, but against British subjects 

 generally. 



Judge Gray: I beg pardon, Mr. Root; would you mind repeat- 

 ing that? I did not catch it. 



Senator Root: I say any Newfoundlander was at liberty to 

 ship in an American crew unless he had left the colony for the 

 express purpose of doing it; but for the fact that he would run 

 against another provision of law which was directed against British 

 subjects generally. That is Article 6 of the Act of 1906: 



"No person, being a British subject, shall fish in, from or for a foreign 

 vessel in the waters of this Colony." 



That it is not a prohibition against Newfoundlanders. It is a 

 prohibition against all British subjects. 



Judge Gray: Then Question 2 would seem to have been framed 

 with reference to the provisions of sections 5 and 6 specially ? 



Senator Root: No; it was framed for the purpose of meeting 

 a fundamental question, the decision of which would be beneficial 

 in deahng with all these various provisions. Article 6, you see, 

 relates to a general prohibition against British fisheries. 



Judge Gray: But not Article 5 ? 



Senator Root: Article 5 relates to a general prohibition against 

 aliens; that is, aliens to Newfoimdland, aliens from the Newfound- 

 land point of view. That would take in all Germans, Dutch, 

 French, Portuguese, Italians — everybody in the world except 

 Americans and British subjects; and the provision of Article 6 

 covers British subjects; and the provision to which I referred before, 

 relating solely to the waters of Newfoundland, to shipment in the 

 waters of Newfoundland, covers all the world — everybody. 



The only way in which Newfoundlanders are involved in these, 

 apart from that specific provision against leaving the country for 

 the purpose, is by being included in the general category "British 

 subjects." 



In dealing with all these various provisions, and in dealing with 



