ARGUMENT OF MR. ROOT 351 



such regulations as those regarding a special flag, or bearing a 

 number, things designed to prevent concealment or evasion, appUes 

 here to restrictions necessary to prevent drying, taking, and curing 

 fish, and to prevent abuse. What I have said about entry applies 

 also. 



Sir Charles Fitzpatrick: Do you think so ? 



SeStator Root: I should think so. 



Sir Charles Fitzpatrick: You are in touch with the land here. 

 You are constantly going to and from your ship to the land. 



Senator Root: I quite agree that special regulations are appro- 

 priate to govern that intercourse with the land. 



Sir Charles Fitzpatrick: Repairs involve a great deal. 



Senator Root: I do not think that the way to deal with it is 

 to apply these statutes that are meant to apply to kn entirely differ- 

 ent thing. It is hke a man trying to lend somebody else his clothes, 

 and they do not fit. 



Sir Charles Fitzpatrick: A smuggler wears a great many 

 different garments. 



Senator Root: Quite different statutes are intended to deal 

 with smugglers from those intended to deal with vessels that come 

 to the custom-house and make entry. They are statutes relating 

 to a lawful proceeding, while your smuggHng statutes are quite 

 different. I quite agree that there are many provisions of smuggling 

 statutes — statutes that are intended to be side-lines, to prevent 

 ships from straying off, from wandering over the pasture, and to 

 make them come into the custom-house if they are going to bring 

 any goods in — that furnish illustrations of regulations which would 

 be quite appropriate, and the provision of the 1888 modus in Canada, 

 which I have just referred to, indicates that. That is that they 

 need not enter or clear. 



Sir Charles Fitzpatrick: That is where they come in for 

 shelter. But my difficulty has reference to their conduct when 

 they come in for repairs. Repairs involve close contact with the 

 land. 



