DAMAGES CLAIMED.

Dominion, Volume 2, Issue 409, 19 January 1909, Page 5

DAMAGES CLAIMED.

FISHERIES DISPUTE. QUESTIONS FOR HAGUE TRIBUNAL. TREATY OF 1818. (by teleokafb—pkess AP9QOlATlOK—gopjrttienT.) (Beo. January 13, 9.52 p.m.). London, January 18. Mr. Jas. Kent, Attornoy-Gonpral of Newfoundland, will confer with Mr. Root (United States Sooretary of State), Mr. Jas. Bryce (British Minister to the United States), and Mr. A. B, Aylosworth (Canadian Minister for Justice) respeoting the final draft of the Canadian-Newfoundland coastal fisheries arbitration treaty. . It is stated that the Americans are claiming heavy damages for Newfoundland's intorferonco with American vessels fishing on the treaty coast, Newfoundland. opposes the inclusion of this subject in the arbitration by the Hague Tribunal, but both parties have agreed to submit to the Hague the interpretation of the treaty of 1818. ; FOREIGN SUBJECTB AND COLONIAL LAW. A short time ago,'in tho "Nineteenth Ceatury," Sir. Justice Hodgins (Canada) discussed the "revocation of treaty privileges to alien subjects," from the point of view of international law. He claims that the right to revoke remains, and gives a sufficiency of illustrations in point. AYhat he lias more particularly in mind are the fishing privileges in Canadian waters granted by the Anglo-American treaty of 1818, and a cause of international friction ever since. The concession is at the bottom of United States claims to territorial rights uithin colonial waters, and to immunity )f Americ m fishermen from British and coloni d municipal law. ■ This is a question the magnitude of which- is perhaps scarcely realised. The coast inileage of the treaty concession of these fishery privileges extends along about 2520. miles of the. teeming fish-wealth of the coast waters ■•( Canada and Newfoundland. The disputes are to be submitted to the Hague Tribunal, and Canada hopes that Great Britain will raise the olaim of an inherent prerogative revocation-, power" similar to that asserted and practised by the United States itself. In untechnical language, the claim simply is that no treaty obligation involving concessions to alien subjects oan be held binding if it worts out to the disadvintage of tho King's subjects.