New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-11-27
gale and sustained damages the extent Of which is not
al present known She Will be put I'm dock in order
that survey may be held
BAIT ACT UNCONSTITUTIONAL.
OPINION OF BRITISH LAW OFFICERS.
THEY SUGGEST THAT CANADA AND NEwFoUND.
LAND SUBMIT JOINT TEST CASE TO THp
PRIVY CoUNCIL-MR. MoRNE's LETTER.

,Br TELEGRAPH TO THE TRIBUNE.I
Ottawa, Nov. 26-Great satisfaction is expressed
here over the fact, Just made puinc ,hat the law
officers of She Imperial Government have decided that
the Newfoundland Bait Act is unconstitutional and
have suggested that joint test case between Canada
and Newfoundland be submitted to the Imperial Prvy
Council. This act, the working OF which has been
found obnoxious by Canada, was passed by the
Newfoundland Government in 1850, and prohibits the
sale of fresh fish of all sorts to foreign fishermen. AS
this prohibition excited fear and was opposed by the
Canadian Government II was allowed by the I'm
perial Governments to go into operation only on the
express and distinct understanding that 1t should not
be allowed to affect Canadian trade interests. In the
winter season there is an immense trade In frozen
herring, which, although they available as bait
were formerly carried to the United States and other
places by Canadian vessels.
Last year, under proposed reciprocity treaty
between Newfoundland and the United States the sole
privilege Of buying bait given to United States
fishermen, to the exclusion of French and Canadian
fishermen. Canada again strenuously objected, on
the ground that this a discrimination against
Canadians in favor Of American fishermen. Now the
Imperial Government has informed the Newfoundland
Government that the latters position distinctly un
constitutional 1t is believed that refusal on the
part of Newfoundland to agree the suggestion that
test should made would be due solely to the fact
that Canada's opposition TO the reciprocity treaty
proposed between Newfoundland and the United
States in 1890 led TO the dsalowance OF that ar
rangement by the Imperial authorities The Imperial
law officers can, however, themselves prepare and
submit to the Imperial Privy Council test case, and
having it decided by that supreme court insist
the decision being observed by both Canada and
Newfoundland.
Halifax, n. s., Nov. 90 (SpeciaD-Thc question Of
the commercial relations Of Canada and Newfoundland
has become burning one because Of the refusal Of
Newfoundland to permit Canadians to buy frozen
opniou
way OF Newfoundland, giving reason for this
policy the action Of the Canadian Government in
frustrating the proposed reciprocity treaty between
Newfoundland and the United States and the fact
OF Caladians neutralZng the effect OF the Bait law by
supplying bait to the French at st. Pierre. Meai-
while large fleet of fishermen who have fitted out for
the frozen herring trade violently demanding that
Canada retajate upon Newfoundland by treating its
fish and fishermen as Americans are now treated.
"The Eeraldn to-day published letter from A. b.
Morine leader OF tn Opposition in Newfoundland, de
nouncing what he describes sir William Whiteways
unauthorized, uncvilized and perlous' policy. Mr..
Morine says the Imperial assent given to the Bait
act upon the positive promise that the law would never
be enforced against Canada, and that Its enforce
msnt Is breach of faith. But he continues, even II
enforced in relation to bait fishes its application TO
the frozen herring trade was never dreamed
of by any one at the time OF Its
enactment, and is an imrertnent interference with
trade.
The writer contrasts what he calls Newfoundland's
barbarous treatment of her sister British colony,
Canada, with her extraordinary friendlness with the
alien United States. Canada gives Newfoundland
valuable free market for the latters surplus fish,
large proportion az Of Ddor Mah are G acay On
her part refuses to sell Canada herring either as bait
The Americans, says Mr.. Morine place prohbitive
tax on all Newfoundland products, yet Newfoundland
he declares is due to the spite and spleen of Premier
Whteway and Colonial Secretary Bond In retaliation
for Canadas protest against the ratification of the
Blaine Bond treaty. All the trouble he asserts,
caused by the titorous designs of that section Of the
| Newfoundland Government which favors an American
alliance. Mr. Morine declares that the vast majority
of the people of Newfoundland deplOre the policy of
the and will reverse that policy upon the
| first opportunity.