ARGUMENT OF MR. ROOT 335 



because I cannot answer it as counsel. My own past relation to it 

 is such that I, perhaps, ought to have Mr. Bryce here to join with 

 me in answering it; but I will go so far as this: That I do not 

 think it entered into the mind of anyone that the answer to this 

 question disposed of any question relating to the acceptance of 

 employment by Newfoimdlanders or by British subjects, or by 

 people of any other nation dependent upon the statute of any other 

 countries; that it related solely to the competency of the American 

 making his side of the contract under the, treaty. 



Sir Charles Fitzpatrick: What would be the meaning of the 

 words used by Mr. Reid in his letter of the 12th July, 1907, "that 

 the surrender of the right to hire local fishermen . . . would, 

 under existing circiunstances, render the treaty stipulation worth- 

 less to us " ? 



On the face of that letter, does it not rather imply an intention 

 to make that a condition of the reference ? 



Senator Root: Will your Honor give me the page? 



Sir Charles Fitzpatrick: Page 509 of the British Appendix. 

 In the very next paragraph he goes on to say: 



"My government holds this opinion so strongly that the task of recon- 

 ciling it with the positions maintained in your letter of June 20th seems 

 hopeless." 



Senator Root: May I call your attention to another feature 

 of the fourth paragraph ? What Mr. Reid says is: 



"in our opinion, sustained by the observations of those best qualified to 

 judge, the surrender of the right to hire local fishermen, who eagerly seek 

 to have us employ them, and the surrender at the same time of the use of 

 purse seines and of fishing on Sunday would, under existing circumstances, 

 render the Treaty stipulation worthless to us." 



Sir Charles Fitzpatrick: He put the three things together 

 there. 



Senator Root: The prohibition against the use of that kind 

 of implement which was appropriate to the vessel fishery, and could 

 be used by the crews without having a great number of supplemen- 

 tary men; and, at the same time, the prohibition of the employment 

 of these supplementary local fishermen, whether Newfoimdlanders 



