f' [riJ-^-(jr'pi'- 



ARGUMENT OF MR. ROOT 355 



Senator Root: I know. It is merely that we did not intend 

 to submit any question arising from the effect of these Newfound- 

 land statutes on the persons at whom they were directed, and we 

 did not present the material for it in the Case, in the Counter-Case, 

 or in the printed Argument. We have not argued it here, and the 

 questions that will arise when we have disposed of this question of 

 inhabitancy may be very serious questions, dependent upon what 

 your award is under No. i; and they ought to be studied, the 

 material relevant to them ought to be presented if they are to be 

 decided, and they ought to be argued if they are to be decided. 

 Counsel occupy a Kttle different position from the head of a Foreign 

 Office dealing with this subject. Our warrant here is only to pre- 

 sent these questions. We are here not to present new questions, 

 but we are here with authority only to make oral argument before 

 this Tribunal within the Umits of the questions that were stated. 

 I think that perhaps if we were now to go back again to the making 

 of the special agreement, we might possibly make some sort of an 

 agreement classifying these statutes, and submitting an eighth, 

 or another, question in relation to the effect of local statutes upon 

 the citizens of the British Empire, of the locality, and present it, 

 with the material relating to it, and argue it. But, as it is, our 

 warrant is to argue these questions, and, of course, the jurisdiction 

 of the Tribimal is to decide these questions, and I do not think we 

 can go beyond it. 



Sir Charles Fitzpatrick: When will the statute that has been 

 suspended because of this reference go into effect ? 



Senator Root: That is a question that I cannot answer. 



Sir Charles Fitzpatrick: You imderstand the spirit in which 

 I put these questions to you ? 



Senator Root: Certainly I do, and that is why I said that 

 perhaps if we were meeting together now and making a new agree- 

 ment we might devise some form classifying the various questions 

 liable to arise on the other side of the shield relating to the effect 

 upon citizens of other countries of- the statutes of their own countries. 

 If we had done so we would have presented a question relating to it, 



