New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-05-18

Joint High Commissioners. ana the Tesy
contention not analy disposed Of by the treaty
ITSELF is OF almost irresistible force that
announced 10y the two commissioner; Is Wholly
incompatible the very limited subject submitted TO
the Commission for admeasurement
III the High Commissioners on the part OF the United
States considered Sl0O0O00as q liberal sum for me
purchase in pcrprtuty Of the whole privilege Of the
lnshore fishery, without any further ADVANTAGEOUS
concessions III exchange therefor, ana ii the
Britain considered the exemption Of the
Canadian fisheries from duties on impOr-
cessI0n on our part could be dispensed with as an
element In the negotiations, il seems difficult TO believe
" submission" of Article % OF the treaty, the
same subject of valuation which in the minds
basis OF the valuation IN the award. The aowa ee OF
$500 900 fOrtwelve years enjoyment OF what one high
81, 600 600 in perpetuty, and this over and above
the privilege OF free importation, which the other
indspcnsable ts its ierest is not easily reconcabe
with that essential identity between the matter OF the
submission and tue matter of the award, on which the
iudgms1t of "Reminiscences Kellogg seems quite con
fOrmable with what was manifestly bOtn the
object OF the treaty negotiations and thelt
apparent result This object and this apparent
itself leave but the margin Of debate
and area OF the jurisdiction the Fishery Commission.
cnrdIct,nG evidence where evidence rests on opn-
ion. and assuming the largest measure Of value to
tie concession OF Article %, and the smallest measure
OF value 10 our seUfis OF Articles and 81 when
TO the definite creIa Of he vaut Of each, the re-
suit seems incompatible with the required Identity be-
tween the matter OF submission ana the matter Of the
PROOF or THE UNJUST JUDGMENT.
Il happened that before the Commission at Halifax
had concluded labors five fishing seasons OF the
treaty period had already elapsed, and the actual
statistics Of the privileges reciprocally conceded
at hand TO rep ace cOnjectural estimates by
natural results OF the enjoyment ON the one mana ana on
the other the reciprocal Upon these sta
tstics II was disclosed that the whole mackere cicn Oh
the United States for those five in the Calf OFFS
Lawrence, both within WITHOUT tue uIeCuilt me-
was 1895 barrels The Canadian estimates
claimed that threc-quarters Of this eaten
was within the hreemile line and to be credited to
the privilege conceded by Article % Tie United States
Allowing even the Cauadlan claim the product Of
iye years inshOre fisheries would he l2j96l barrels
1t established upon Canadian testimony tnat me
price which mackeIei bore in the Provinces was - 20
per barrel. THIS wOgd give "a the value cufed
privilege OF Article No. 2s-upon the Canadian
claims of tTec-quariers being iushore--SlI2 313i
but IN this value are included Inc barrel me san, ths
expense OF catching, curing and packing. all OF winch
must be deducted before the prOn which measures the
value Of the fishery privilege Is reached uPoh tic
dcnce, dollar a barrel would be an excessive estimate
OF such profit TINS would give profit 10 the I1i.ed
states for the enjoyment or these hye seasons oi Ie
fishery privilege conceded under Article No 20 OF DuV
lie siatstcs Of importation of the product Of the ca
madam fisheries under the privilege Of Article No IL
show that the dlty eXacted prior 10 thls coneGaslo'
imposed upon the Canadian lmpOftatlons unvr 5,1.
Islycscs would produced revenue OF aDoal S-U
900 per annum upon nackerrl aohel ana OF SPoo,YoO
upon all Kinds OF fish EdcAerel ncudcd), ana hsh OIL
HOW FUTURE TROUBLE MAY BE AVOIDED.
lIr Eyarts suggests another criterion for test
iEg the competency OF the COMMISSIONER award
the history Of the fishery privilege during years
intervening the repeal OF the reciprocity treaty
aud the negotiation OF the Treaty Of Washington, when
tine license system enforced. The experience Of
the system showed that under an eXactlon uT
30 cents per ton, fishing fleet generally took out
licenses mat when tnc Zee wai raised to II per ton the
number OF licenses ten of about Onc-half and when
OF - rXactcu only . few Licenses were
taken Sccgc tary ENarts concludes rs follows:
1T sill be tor Congress To determine IN making an ap
raff .ff F.T Ia
eminent under me treaty, whether the question OF the
puucuntOlWity OF the award 10 the submission
shOIud be presented to the attention OF ne
British Government, and be made the subject or con-
sdcraou between the twO Governments. The question
between the countries is Of much more serious impuIt
than the present money payment involved. TIE su'J
valuation vii remain an occasion OF controversy
after the bret treaty pcrud covered by Tins award has
gotatiOn snail the meantime have eN-
linguisncd tins opportunity Tor utnbTdGe Hud
Misunderstanding between tuc Two countries, the
subject OF thu iushurc fisheries will aBun tho pa
The mischief OF an cNtrdNdeHut aud III NplC-
ahie measure Of value, l. HCquirsCtd ia ID!
payment 81 his award without an absolute ana
t.u protest against IL measure OF inc
may grow into uumanagcdoic clement III future
treatment OF tue subject IN the interest OF justice anu
Is Article % Of the treaty-he award srnade pay
bic months after II shall have been given,
that i,, on or before the I'D day Uf No
yclubcr, In the present year. While the APP
y opriItOu b} Congress VIII neai 10 De maze
at Ia, present session. tncrs VIII abundant time be
expiration OF tBc year 10 bring 10 the attention
OF tEc Brush Government tue sentiments ot inns Coy
eminent they SHAH Dee expressed by Congress on the
OF value OF the fishery privilege involved tnci elm.
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