The New York herald., 1878-10-21

NOT have in effect upon the rcsutf The simparfial
arbstrator' might very we'll imagine that he could not
so amss " splitting the dinersaes between 90 Q
extreme demAd tho party and she tossi denial
OF the other Whatever, therefore, sweied the claim
swelled tho award And SO We get glimpse at the
manner IN which the very surprising award OF
such Is the British case. To siis and digest the
which the United States introd uccd on us behalf,
would weary me reader; nor could we within orief
compass do justice 10 me aDle answer o. .ms agent
the counsel on both sides. suffice ~ 10 say, that
however the majority OF Inc commission reached
the decision they made. Il cannot be seen 70 be due
10 any deficiency In the present. msnt OF the case OF
the United states by its sgeat aud counsel
But the commission, which Was duly constituted
accoriiag TO previous treaty, have made their award.
There is appeal 10 us, the public. We cannos re-
about H. and oruer to satisfy ourselves what that
opinion should DO let us look at the question as one
still open.
Admitting that u be necessary or equitable or pol
tito to make 10 Great Britain compensation Tor the
possible encroacnment by Americans upon fishing
Territory claimed TO be hers. by what method Gan we
best arrive at fair estmate OF what that compsnsa-
ton should bey What Is there In history or In busi
offers the most nearly parallel precedent or
criterion by which TO determine tho nature Of that 10
be pensatea and measure the degree Or the
compsnsalIonf To answer this question have nrst
10 mako clear to ourselves what II 10 that Great
Britain gives us Not nsn, certainly either barresd
sated, fresh, Tor We must catch them our.
selves. NOR Great Britain claim 70 owo even tho
nsh may catch, ior II the same nsh cnanced 70 De
distance iurlher IRON The shore she could make
ciam thcm. All that Great Britain claims 10 own
is the rign, TO exclude outsiders from coming
from the shore. And this right il is which
by the treaty she valves TO Americans.
do no. Know Says Mr. Dana, In his Arsumsn, for
The United States, ''what 10 iken II To- II certainly
Is not TO be compared At all 10 lease because the
lessor furnishes everything that the lease requires
But wnn this grant thore goes notniug Visible or
tangible or ponderaole |, is {. righ! In The a,r-or
us Iikef IL It ike the value Of privilege 10
practice law? Not quite. because there always VIII
be lawsuits, but It IS not sure that there viii always
DO Dackerei suttors, irritated men. may be meshed
within the seine which the privileged lawyer may
cast out; but II does not follow that tho mackcre
can be. ON the contrary, they are shrewd and 80
sharp that fishermen tell US tnat tney cannot use
seine within tneir sghti that they WIN escape from
IT, But the lawyer ndent In the eagarncss oil
the client lor lawsuit that, instead OF conceaiing
him.eli taking him unawares, no advertises him
mel mens tot OF Hon. To- R Il. D ma, tr, p is9oij
Now whether II be TO practice law or for whatever
granted By Great Britain the United States under
the treaty OF 1871 more nearly Resembles than any
,.s else license " % as ss n,sr nscn
is claimed ry such authority cannot be done without
permission. Does It not follow that the compensa-
lion to be made Tor this privilege would naturally be
E., In form license fee pay able by the
who enjoys the priveRcr But sinoe IN this case
the authority granting the license Is OF one nation
and those 10 whom It Is granted OF another, II seems
wise government OF the latter should In
and, to avoid complications which ght arise OF
such u relation between Individuals and foreign
power offer TO assume on behalf OF Its ci,izsns the
payment OF wnat snould be found TO be the
sum OF tho license ices payable W them,
because the government thus assumes to pay thc
sross amount, instead oi It's being individually COL
Iectcd, is certainly reason why the total conpsn
satIon should be greater than separately collected
but rather II anything The reverse Now We have
seen that Great Britsin claims that 1.O00 American
vessels avail themselves OF ner privilege. Wo have
seen that when that govsfnment Itself adopted The
policy OF compensating itself BY hceuscs, u volun
tariiy liked price OF such license the
OF 81 per ton; that the average tonnage OF tho
600 vessels would certainly not exceed sixty
that average license ee therefore, would bc $780,
which 900 vessels would yield nnually $l20,O00
and for twelve years would yield 81, 450, 0o0.
Gould we more. nearly approximate to wnnt We are
seeking-a just compensation 10 Great Britain tor the
ton by americans in her nshing privileges
for the period Of years than IL thus afrv
But against this amount OF 81, 440, 900 have 10
set down The side oil America OF the duties
her Tor twelve upon sh i'm ports
from Canada, sum which have TO exceed
$3 600 900. aud tberc DO set down the value
whatever II may be, Of the nshing privilege conceded
by America to Canada.
Alter these deductions there will remain tho
SUN which he commission NJ Halifax instituted to
ascertan " Il existed, as due IRON the United States
Great Britain, ana which the British Commissioner
and the U Umpire found 10 bs ST, 500, 0oO.