New-York tribune., 1905-04-10

fitted out and ready TO clear for the banks. only
awaiting the arrival Of the Schooner Peerless from
Newfoundland. with a cargo of frozen herring for
bait when she came into collision. with tire schoon
or Gladys. of St. Pierre. and sank The AmeTt-
cans have claimed that they can SEE ure herring
cargces there in spite Of our people, but IL Is DIM
cult TO see how this claim can be made good Al
present they purchase the fish from the coast fclS
who actually catch them finding this the most
advantageous and economical system. tl0t gh iil
order to do this they have 70 su1setloe 20 thS
colonial regulations. which require thI 9Sy sl& 4
pay minimum Rlce OF , q 20 @ ior fsnasIS bar-
rel in measuring them. and give bond not T. 6reak
UgaS o' vesseI frozen in last winter whose fish the
owner, 10 had grown uhut IOt 10y y 80
p"sI and soI6 70 the French for has; but the New
foundland government issued 6IGers 20 S SS@T l.in &
SilIP @ s",IDd n wise to visit St Johns and com
p Colonial government proposes to Oblige Amer
lean fishing vessels obtaining h@eIL'hs @ C1 1.{ -
nav an export duty on them equal 70 the import
U on ,,,Ddiand S,e bottoms-one-half salted
and three-fourths Of cent on frozen ~
to engage in the industry. or else II can pc usG q
a fund to promote the deyeIogInSlI OI 'He t, 49,,
in the last winter the export duty would amount 20
apIu Ie} tSsy will be able to outvit the colonial au-
thorites in this idea but it is doubtful u they cam
Of the he United States participating In the fishing
would apply here aIso
TO RESTRAIN AMERICAN FISHERMEN
The treaty of 1873 also provides that American
fishermen shall be under such restrictions as may
he necessary to prevent their taking. drying
curing fish in such waters as they have no treaty
rights or in any other manner whatever abusing
the privileges hereby reserved to them and the
Colonial Bait act provides that any fishery officer
I'm the coony's service may bring any foreign fish
ing vessel being within any port the coasts OF
this island or lowering in British waters within
three marine miles of any. Of the coasts. bays
search her cargo and may examine the master upon
oath touching the cargo and voyage and the master
person in command snai answer truIy sSicn ,t
questions shall be put to him under penalty
not exceeding $500 And if Such foreign fishing yes
sci has on board any herrlnS capnh squlu OF othsI
bait, fishes ice, lines, seines or other Outnts or
on OF ne te rio % niles gr@Io ann, Of tba coasts bavs
creeks harbors of this island. If the master or
engage any person to form part OF the crew Of the
said vessel in any port any part Of the coasts
of this island. without license therefor In writing
Of this act has entered such waters for any pur
pose not permitted by treaty convention or act h q.
vessel ana the tackle, rigging; apparel, furniture
Newfoundland has never vet aggresstvely en-
forced this clause. seized American vessels
she aned or otherwise penalzed them for minor
contrary. she has always treated them most liberal
iy ard relaxed her rules N their behalf But nov
she viii adopt a different policy. and the detTi-
ments to the American fishermen will be ali the
more IkScme because Of the greater aGvahlasts
they hitherto enioyed Their ysszes Of late years
Outftting centre this coast, while the is al
Banks. Hence it must be apparent that, mas
much as they have never been subjected to an
fore by this colony. the applying to them of the
them must bring about a most undesirable state Of
affairs so far as the American trawlers are con-
STRICT TREATY INTERPRETATIONS
Nor does there appear to be much prospect Of
he nv he Ian
guage of the treaty of 1S1S. 1t specifically pro-
vdes that United States fishermen shall enter only
the non-treaty waters for wool water. shelter and
repairs, land for no other purpose whatever" In
1881 protesting against the seizure Of American
fishing vessels which had entered Canadian waters
to purchase bait Secretary Bayard cOntended that
such was not fishing nor preparing to fish," and
that Cauada's action was. in effect. Ito expand
the restrictions and remuneratons of that treaty
which related solely to the inshOre fishing within
the three-mile limit so as 10 affect the deep sea
fisheries and to diminish and practically destroy
the privilege which American vessels would pos
sess 10 touch and trade which he contended. the
purchasing Of bait really embraced in But
the answer by the Canadian government, eoneHFFed
tn by the British Ministry and therefore adopted
as the official British Interpretation Of this feature
of the treaty, was that for an American fishing
dian ports for other than the purposes named in
the treaty or ISlS because she was possessed OF
PeIHlit 70 touch ana trace, would De TO give hef
perfect Immunity from its provisions. this would
amount 10 practical repeal OF the treaty, because
II would enable United states collector OF Gus
toms by issuing a license. originally intended only
for purposes of domestic customs regulation. to
give exemption from the treaty of ISIS every
United States fishing vessel" Continuing the
Canadian government cOntended that this treaty
denied access to such vessels for any other puT-
pose whatever than those specifically described
ana, therefore they cannot concur in Mr. Bayard's
contention that to prevent the purchase of bait
or any other supply needed for deep fishing
"Oulu De 10 expand the convention 10 objects
wholly beyond the purview, scope and intent of
the treaty and to give TO it an effect never con
templated.'
The same reasoning applies TO the contention
that American fishing vessels should have the lib
erty to enter these waters to procure fishing sup
above from the NewfOund Bait act. because the
United states government admitted In the case
submitted by IL to the Arbitration Tribunal of 1871,
which awarded Canada and Newfoundland $500
900 for fifteen years enjoyment OF their inShOre
fishing rights by the Americans. that neither the
convention of 1918 the treaty of 1871 conferred
any right or privilege Of trading American 1sh-
ermen The British case claimed compensation
for the privileges which had been given since the
he latter treaty % United states
fishing vessels Ito transfer cargoes. TO outfit
sells. buy supplies, obtain ice, engage sailors, pro-
harbors. But this claim resisted by the
United States case, which maintained that the
tne treaty, such as the privileges or trai1c pur-
chasing bait and other supplies. not the sub
Ject or compensation, because the treaty COnfers
no Sucn rights on the inhabitants OF the Cnitsd
States. who enjoy them merely by Su6feTanCe
and who can at any time be deprived OF them by
the enforcement of existing laws the re-enact-
The foregoing makes it clear that serious sit
uation is created for the American fishermen by
her assured determination To fight this thing a
finish. She has already successfully cOntended
clear to everybody in the impOyertShnent OF ST.
Pierre, the settling of the French Shore question
and the virtual GRIPPING OF the Breton trawling
stantial warrant for the belief that she will be