The Portland daily press., 1886-09-03
OUR COMPLICATIONS WITH CAM

ADA.
The test case now pending in the Nova
Scotia court concerning the American
schooner David j. Adams, seized for buying
bait in Annapolis Basin, near Digby, has
been advanced another stage. The Attor-
ney General of Canada has filed his rejoin-
der to the defence made by the attorneys of
the United States. This answer claims that
large portion of the defence is bad in law,
containing no allegation of fact and setting
out issues of law both embarrassing and I'M
certain. 1t denies the right of American
fishermen to buy anything in Canadian ports
under the permits, and regards the United
States pleas on that point as irrelevant. The
orders of the owner of the Adams not to en-
ter Canadian ports are immaterial, it asserts,
because the vessel is liable to coniscation for
the acts of the master. 1t denies that the
Annapolis Basin is commercial port of Can
ada in which American fishing vessels can
freely enter and leave; that the fresh fish
found on board the Adams were caught on
the Western Banks, as alleged, or that the
original fishing treaty of 1889 has the
slightest effect now. The document finally
concludes by insisting that most of the state
true. No dates have been assigned for the
trial of the cases of either the Adams or the
Doughty.
Meanwhile the treaty of 1918 is forced
upon public attention again by another seiz-
ure, which seems to afford better case for
Canada than either the Adams or Doughty.
The dispatches announced very briefly yes
terday morning that the schooner Highland
Light had been seized off East Point, Prince
Edward Island, for fishing within the three
mile limit Early Wednesday morning near
ly eighty American seiners were fishing near
East Point, when the cruiser Hewlett APP
peared, and Selling the Highland Light with
out ceremony, started for Georgetown har-
bor The greatest excitement is said to have
prevailed, and the whole seining feet fol-
lowed the cruiser to Georgetown in process
sion. No violence was offered by the Amer
leans, but the Canadians posted strong
guard over their prize to prevent recapture
by night, as happened sixteen years ago in
the case of the American fisherman, A. e.
Horton, at Guysboro. This last seizure is Of
Importance chiefly because it is the first one
made for actual fishing within the three
mile limit. The only possible defence for
the owners will be to prove that she was
not within the limit. In such an event the
definition of the limit might be called in
question, . course which would bring the
dispute as to the headland theory to direct
issue.
The enforcement Of the customs laws of
the two countries continue TO afford an in
terest apart from all considerations of the
treaty of 1918. Under ordinary circumstan-
ces it would be of little Importance that
Provincial fishing schooner, the Generous,
had been seized at Pembroke, Me-, for SELL
ing her cargo before entering at the custom
house; but under our present relations with
Canada the course of our treasury depart
ment in exacting or remitting the fine will
be watched with interest by those who do
not believe that the owners of the Harring-
ton or Cushing should pay fines of four hun
bred dollars for neglecting to enter at Ca
madam custom house, while few weeks lat
er, perhaps, a Canadian vessel is allowed to
go free after committing similar offence in
a Maine port. At the same time Canada is
enforcing her own regulations with greater
care. The importation of goods is prohibit
ed in all boats not having certificate of reg
istry, and only British vessels, or vessels OF
countries having commercial treaties with
Great Britain, are to be allowed to compete
in the coasting trade between ports in Cana
da This regulation, however, is of interest
chiefly to those trading on the great lakes.
and embodies the assertion of no rights
which are not claimed by the United States
government for the protection of its own
ttrncrt rndn