New-York tribune., 1886-05-19
4 SECOND FISUING SEIZURE

The ground on which the fishing schooner
Doughty mas been seized in Nova Scotia is that
of purchasing bait and neglccting to enter and
clear at .he Custom House. Unlike the Adams,
she had permit from the Portland Custom
House to touch and trade at Canadian ports.
This would entitle her to buy bait an article
of commerce. She is reported by the officials
to have done So while anchoring outside st.
AIMS IIarbor. The seizure was made subse-
ouently, when she was forced by the ice to put
back to shore. The purchase of bait did not
constitute an offence for which the vessel could
be legally seized, and the British Government
will never sanction this procedure. On two
occasions the Imperial Government has vetoed
laws of Newfoundland Gesj gned TO exclude our
vessels from the privilege OF purchasing bait on
shore and there Is every reason to believe that
the Colonial Secretary VIII take a similar view
of the present case. The Dom Inion authorities.
we suspect, are aware that their present position
cannot be maintained, and on this account are
very careful TO screen themselves behind the
technicalties of the customs avs. The seizure
of the Doughty will probably be justified in the
last resort by the plea that she made purchases
without entering and clearing at the Custcm
House. In like manner the Adams will be
held for not making entry at the Custom House
as required by the Customs act. The Dominion
authorities will avail themselves of minor
technicalties in harassing the American fishing
fleet in the hope of forcing the United States
Government to consent to negotiations for a
new treaty.
1t is important for the American fishing inter
est to deprive the Canadian officials of every
pretext OF this kind The owners of vessels
should instruct their captains to comply with
all the fOrmaliies of the customs laws of both
countries, 10 provide themselves with permits
to touch and trade, and in obtaining bait, equip
ment or supplies to enter and clear at the Do
mniOn ports in conformity with law. The
Americ III case rests upon the broad ground that
the Treaty of 1918 has been superseded by the
commercial arrangements sanctioned by British
and American law. Let the masters Of fishing
vessels act upon this theory, 90 boldly into port
for the purchase of needed supplies, and avail
themselves openly of the privileges guaranteed
to them by British and American law and the
practice of nations complying rigidly with the
technical requirements of the customs regula-
tions. In this way it will be possible to make
up test case for the British Foreign Office
Wn!cn VIII DC ueclueu Ill our ldNOr WITHOUT
equivOcatlon or reserve.
There is no pretence on the part of the
Canadian officials in seizng the Adams and the
Doughty that either vessel was preparing to
fish within the three mile limit and was obtain
ing bait for that purpose. Deep-water fishing,
where Americans have the same rights as the
Canadians, WAS the object in each case. Under
the decisions of the Dominion courts seizures
on this ground are untenabe. In the case OF
the White Fawn Judge Hazen discharged the
vessel because there was no proof that the bait
purchased was intended for inshOre fishing. He
remarked: a Assuming Il fact to be that such
" purchase establishes n preparing to fish,
"w which do not admit, ! think that before n
forfeiture can be incurred, it must be shown
" that the preparations were for an illegal fish
" ing in British waters" The American case
in this fishing controversy is as solid as Il
cube, and the Dominion authorities when they
come to their senses will have to recede from
their present untenable position.