The Republican journal., 1907-07-25
Dear Mrs. Pinkham:-
NEWFOUNDLAND FISHING QUESTION.
Present Modus vivendi Expires August 1st.

WASHINGTON, July II. The approach
of the first of August marking the be-
ginning of the new herring fishing sea-
son on the coast of Newfoundland is
matter of great concern to the State
Department, for it finds the fisheries
controversy between America and Great
factory shape. The modus vivendi en-
which, and greatly against the wishes
of Newfoundlanders. American fisher
men We're permitted to ply their voca-
ton unmolested off the shores of that
island, expired, with the close of the
fishing season.
1t was the expectation of both the
American and British government that
before the opening of the next season,
some permanent arrangement could be
reached that would remove all future
friction on this score. The NewfOund-
landers, however, were insistent upon
their right to legislate locally for the
fisheries SO long as they did not in
terms discriminate against Americans,
claiming that in so doing they were
not infringing the treaty rights of the
Americans. The British government
has apparently been driven finally to
concede the Soundness of this conten-
ton, or at least, it has been negotiating
through Ambassador Reid Oh that basis.
Indications today are that it will be
difficult to reach any kind Of a perma-
nent settlement of the trouble and the
whole effort of the negotiators is ap-
parently concentrated for the moment
on the drafting of some form of modus
vivindi to guard against the develop
ment of friction on the fishing shores
that might in the end have serious re-
suits, Thus, for instance, it is said,
the insistence of the Newfoundlanders
upon their right to prevent their fisher
men from signing on the Gloucester
smacks that use purse seines off the
coast of the island would probably
prove fatal.to the industry as far as the
Americans are concerned, because the
expense of shipping large crews in
Massachusetts at high wages would be
prohibitive.
The Observation-Disclosures are also insist
ing upon the prohibition of the purse
seine entirely. 1t is also already for
hidden to their own people, so they
claim that there is no discrimination
involved in making the Americans
abandon its use. But the latter assert
tudt IL 10 DOI pOSSlUle plUlUdUly " Up-
crate fishing smacks with their expen-
sive crews and outfits without the purse
seines anG that as.they have always en-
joyed the right to use them, the attempt
to deprive them now by legislation of
such right would be in violation of the
privileges conveyed by treaty. The fact
is that the occasion is one that calls for
much mutual concessions if there is to
be new mOdus vivendi and the New
foundlanders are not anxious that there
should be until they have some sutfici-
ent assurance that they can have sat-
lsfactory permanent arrangement. To
that end they have suggested a refer
ence of the whole subject of conflicting
treaty and legislative rights to perma-
nent Hague tribunal. Our own govern
ment is not averse to some such propo-
sition under proper limitations as to the
scope of the arbitration, which must be
carefully. guarded lest it set precedent
which might have dangerous influence
upon the vexed question of conflicting
national treaty and state rights in the
United States as involved in the San
Francisco japanese matter. But it is
said at he State Department that so far
there has been nothing to indicate that
the government of Great Britain itself
is willing to accept the Newfoundland
suggestion as to arbitration, and it is
therefore giving most of its attention
to the subject of the modus vivendi.