New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-11-19
ANGRY NEWFOUNDLANDERS.
THEY MAKE A BOLD STAND FOR THEIR
RIGHTS
THEIR COURTS WILL DECIDE WHETHER GREAT
lRIrAIN's AUTHORITY OVER NEwFoUND-
LAND is GREATER THAN HER
AUTHORITY OVER CANADA.
,eY fxlEoRAPH TO THE TkBUNE.I
,sr rxLkoRArH TO THE TxmuSE.I


81. Johns, Newfoundland, Nov. ls.-Another
shift Of policy has been made by the British Ia"
officers who are defending Captain Sir BALDWIN
Walker against James Baird's suit for damages
for closing the Unsatisfactory in St Georges Day
last June 1t is clear that the British Govern
ment is embarrassed When the suit was nrs'
brought. Captain Walker hinted at compromise ;
and if Mr. Baird had been willing to accept money
voluntarily rendered instead Of damages awaroeo
hv a court. he could have had far more thah 'ne
value of his factory and its business buc MI
Raird is Newfoundlander, and he was ue'ei
mined to vindicate his rights as Newlouhui""'s'
He felt that he had plenty OF money! ou0 ne WOO
short on rights, and nothing could induce ni"i '"
compromise except the acknowledgment pS '"e
british Cabinet that he could pursue the iooster
industry when and where he pleased vi course
in view of the bargain with the French-the ceie-
brated modus vivendi-this concession could noo
be made.
When the Crowns law officers saw that they
would have to go into court. they set up the
plea that Sir Baldwin's acts, as Naval ofllcer
under orders, were privileged. This was pre-
posterous as they speedily seemed to realize, Tor
they soon amended their answer. asserting that
he was executing the Treaty of Versailles OF
1913. But this was treaty which required for
act of Parliament That act had been passed
when the convention was entered into, but some
wears ago it was inadvertently repealed, fact
that was brought to the notice of Sir James
Winter. Mr. Baird's counsel. when he was At
torney-General of Newfoundland as member OF
the late Government of Sir Robert Thoburn
Lord Knutsford, the British Colonial Secretary
was greatly exercised when he discovered that >ae
law upon which England depended for the en-
forcement of these fisheries treaties had dlsap'
reared, and he endeavOred 10 induce Sir Rooer'
70 pass Colonial statute which should exert an
equivalent effect. Sir Robert had other business
an hand than the making of laws for the loss
and discontinue of his own people, and he gently
declined.
If that law had been in existence, 1t would have
enabled the British Government to make soou
if not a sufficient, defence TO Mr. Bairds SUIT lof
they could have claimed that it gave them tle
right to make their recent agreement with NJ
Epuller and If the right to make 1t, OF course the
right to enforce it, But without that law nley
were in the position OF having restrained a Brlush
subject from the pursuit, on British soil anu Ill
British waters, of an entirely lawful calling. YES
terday Sir Baldwins attorneys came squarely 10
the front. acknowledged this POSITION wlthdrew
their former plea concerning their authority unuer
fhe ancient tieaty: and their case now goes ia
court upon The sole claim that the mod,s naa
been lawfully come at and was lawfully enl0Tced
This obviously tilc Only tHlhS '"es.
unless they were prepared TO confess judgment
but in doing it they put Lord Salisbury in am,
cult place The authority he thus claims the
right. without Parliamentary sanction, TO eHet'
over British subjects is, The Tribune has point.
ed out, in its nature and effect precisely thas 4.
which he refused to exert over the Ganadiahs ~; ~
Rehring Sea- alleging that it would be unlawIui
TO do o. In other words he asserts in our court
that he has the right to restrain Newfoundianders
from the pursuit of business which no law con, on
demns on British soil, wlriie he denies to the
American President that he can legally restrain
the Canadians from the pursuit on the high seas
of an occupation similarly placed as to its lawful
character. -. o,.
The trial of this issue comes on next week
The people are aroused 10 degree that mas lts
narallel only in the American Colonies when they
were resisting the Stamp Act Sir James Wlntel
has possessed himself OF certified copy p OF one
Bchring Sea correspondence, and he Will pace
Lord Salisbury on record against himself The
Newfoundland court is highly regarded here ant
in England II is not likely TO be affected oy
popular excitement or by the fear OF dlspieasine
The British Cabinet.