NEWFOUNDLAND FISHERIES

Otago Witness, Issue 2935, 15 June 1910, Page 27

NEWFOUNDLAND FISHERIES

LONDON, June 6. In the Newfoundland fisheries arbitration Sir Robert Finlay opened the Canadian case at The Hague. It is expected that he will speak for a fortnight. The'fisheries dispute between Newfoundland and the United States has caused much irritation in recent years. By the Convention of Ghent, 1818, subjects of the United States were given the right to fish along the coasts of the west part of the south-western coast of the island, but their territorial rights were restricted to the right to purchase wood for fuel, to procure water, and to shelter from storms and for repairs. American fishing operations are now confined to the winter herring fishery, principally at Bay of Islands, on the west coast. Newfoundland’s grievance is, that the herrings are admitted duty free into the States in American vessels, whereas a duty is charged if they «tre conveyed in Newfoundland vessels. Consequently the Newfoundland Government forbade colonial fishermen to sell bait to the Americans or to hire themselves as members of their crews The Foreign Fishing Vessels Act, 1906, containing drastic regulations against foreign fishing vessels, was passed, but after negotiations between the Imperial and the United States Governments it was suspended, and a modus vivendi was arrived at. The British Government consented to the use of purse-seines by American fishermen, subject to due regard to their modes of fishing. The United States Government directed American fishing vessels to report at Custom house on arrival in and departure from colonial waters, to pay light dues, and to abstain from Sunday fishing, and to recruit Newfoundland fishermen, if necessary, only outside the three-mile limit. Colonial qpinion was very strong against the modus vivendi, and the Government announced its intention of enforcing colonial statutes against the Americans and of allowing Newfoundland fishermen to sell bait to the highest bidder, but not to ship on board as part of crews. This the Newfoundland Government carried out in defiance of the modus vivendi. In February, 1907, Sir R. Bond (Premier of Newfoundland), in an address to the Colonial Secretary (Lord Elgin) nrct c sted_ against the Imperial Government entering into an agreement with the United States regarding the fisheries without th approval of tho colonial Legislature, and contended that such action was in violation of the pledge given to the colony. In September, 1907, a modus vivendi was concluded pending the decision of the Hague arbitration tribunal. The agreement referring • the dispute to arbitration formulates seven questions for the decision of the tribunal, wh'-.h consists of Dr Luis Maria Drago ( ' : entine), Jonkhesr de Savornin Lehman I.V«iherlands), Judge George Gray (United States), and Sir Ohas. Fitzpatrick, Chief Justice of Canada (Great Britain), with Dr H. Lammasch, the Austro-Hungarian member of the Permanent Court of Arbitration at the Hague, as umpire. The dispute, although principally concerning Newfoundland, touches Canada at more points than one. Of these the most important is indicated in the fifth question submitted to the arbitrators: “ From where must be measured the three marine miles of any of the coasts, bays, creeks, or harbours referred to ” in Article I of the 1818 convention? United States fishermen claim the right to take the measure from any part of the British North American shore, and therefore the liberty to fish in the middle of any Canadian bay or estuary having a radius of more than three miles. The British contention is that the limit should be measured from an imaginary line connecting the headlands. Mr Aylcsworth, Attorney-general of Canada, was appointed British agent in the arbitration proceedings, and Mr Bewett, a prominent Canadian barrister, was entrusted with the preparation of the case for Canada as well as for Newfoundland. The case for the United States was entrusted to Mr Chandler Anderson, who was one of the counsel for the United States before the Alaskan Boundary Commission.