340 FISHERIES ARBITRATION AT THE HAGUE 



cases because that would be to handicap an industry. It is very 

 well to refrain from handicapping British industries by not making 

 it an exception to the general rule. But we object to their handi- 

 capping our industry by making it an exception to the general 

 rule. 



The next proposition is that, in the conduct of an enterprise for 

 profit, servants and agents may be employed to act with and for 

 the proprietors, owners of the enterprise. That is the lesson taught 

 by this statute of 1699, which is at p. 525 of the British Case Appen- 

 dix, and which provides in the first article that it may be lawful 



"for all His Majesty's subjects residing within this his realm of England, or 

 the dominions thereunto belonging, trading or that shall trade to Newfound- 

 land, and the seas, rivers, lakes, creeks, harbors in or about Newfoundland, 

 or any of the islands adjoining or adjacent thereunto, to have, use, and enjoy 

 the free trade and traffic, and art of merchandise and fishery, to and from 

 Newfoundland, and peaceably to have, use, and enjoy, the freedom of taking 

 bait and fishing in any of the rivers, lakes, creeks, harbors, or roads, in or 

 about Newfoundland, and the said seas, or any of the islands adjacent there- 

 unto, and Kberty to go on shore on any part of Newfoundland, or any of the 

 said islands for the curing, salting, drying, and husbanding of their fish, and 

 for niaking of oil and to cut down woods and trees there for building and 

 making or repairing of stages, ship-rooms, train-vats, hurdles, ships, boats, 

 and other necessaries for themselves and their servants, seamen, and fisher- 

 men, and all other things which may be useful or advantageous to their fishing 

 trade." 



Here is a law which limits the privilege of fishing in Newfound- 

 land waters "to His Majesty's subjects residing within this, His 

 realm of England, or the domains thereunto belonging." The 

 right is Hmited to them. The right is to be exercised through the 

 use of vessels and implements which, according to universal custom, 

 may be handled by servants, seamen, and fishermen, and part of 

 whom are not subjects of the realm of England, and who, therefore, 

 have themselves no right under the treaty; and this statute makes 

 express provision for the going ashore and engaging in this business 

 of fishery by servants, seamen, and fishermen. 



Manifestly, there, the servants, seamen, and fishermen are now 

 going under their own right. They are going under the right of 

 the vessel owner, the liberty of the class to whom the right is given. 

 No rights are given to the servants, seamen, and fishermen, and when 



