342 FISHERIES ARBITRATION AT THE HAGUE 



the Act, though the taking is done by a crew one-fourth of which 

 maybe ahens, or done by anybody who comes in the class of persons 

 employed by the master or owner of such ship or vessel. And this 

 is a great fishing statute, this Act of 1775. This is the same statute 

 the seventh article of which reheves all vessels fitted and cleared 

 out as fishing ships to be employed in the Newfoundland fishery 

 from any restraint or regulation with respect to days or hours of 

 working. 



Now, to the same effect were these cases which were cited, the 

 Duchess of Norfolk Case, and Wickham vs. Hawker, in 7 Meason 

 and Welsby Reports. 



There the question was regarding a right granted to Lord Sey- 

 mour in one Case and to one of the parties in Wickham vs. Hawker 

 in the other, a right granted for hunting for profit — whether per- 

 sons who had not the right could come in and take part as servants 

 of those who had the right; that is, persons not sailing under their 

 own flag, sailing under the flag of the grantee of the right, but who 

 were not quahfied themselves personally. The decisions settled 

 the law of England that they could. 



My friends on the other side, in their Argument, quite covered 

 up the real point of these decisions, and the real point to which 

 those statutes are cited, which is, that while the right is granted to 

 one class of persons it may be exercised for them by employees who 

 themselves have no right whatever, but who are coming in and 

 acting under the right of their employer. 



The President called attention to a similar, characteristic in a 

 Delaware statute or a Maryland statute which was referred to some 

 time ago. There was a prohibition against fishing, except by citi- 

 zens of the state. When somebody came with a vessel to fish the 

 requirement was that the master should make an aflidavit, and what 

 he had to swear to was that the vessel was fishing in the interests 

 of the citizens of the state. He did not have to swear that the men 

 who were doing the fishing were citizens of the state, but that the 

 vessel was fishing in the interest of the citizens of the state. It 

 carries that same idea, you see. 



My learned friend, the Attorney-General, has exhibited great 

 disquietude lest we should flood the coasts of Newfoundland with 

 Orientals. He apprehends that the United States fishing vessels 



