New-York tribune., 1907-09-02
FISHERY ARBITRATION.
TO SETTLE QUESTION.
differences Eristing for Nearly a
Century To Be Ended at The Hague.
IFrom The Tribune Bureau.I


Washington. Sept THE news tbat 4ho
British government has accede5 To the rac,,ezr
OF the United States that all the points AT sssua
III the Newfoundland fisheries controversy b<s
Telerred TO the Hague tribunal for hnaI : Ca
tlon and settlement has been received here Wit.
'he utmost qualification. and the event is re-
garded as a notable diplomatic achievement for
the American Ambassador. to whose untirfne
e1orts and skilful diplomacy is credited tbs
conclusion Of controversy which for many ,,sa,,
has disturbed the cordial relations Of the tvve
nations, and which. since the settlement Of tn
Alaskan boundary dispute. has been the sole re-
naming controversy Of great Importance be-
tween Great Britain and the United States
Inc conclusion Of a modus vivendi to
cover the operations of the American fishermen
in Newfoundland waters during the present sea-
son has been temporarily postponed at the ear
nest solicitation of Premier Bond OF Newfound-
land. who is intently striving to prevent the
home government from conceding the demand OF
Ambassador Reid that American shippers be
permitted to employ citizens Of Newfoundland
on their fishing smacks. because such a. conces-
sion would necessarily stultify the prohibitivs
legislation enacted by Newfoundland Before
agreeing TO further postpOnement. however the
American Ambassador secured the assent OF
Great Britain 10 the proposition that In the
event of no new modus being concluded that OF
last year should prevail. pending the outcorns
of the adjudication at The Hague and in ac-
cordance with this understanding the Gloucester
feet has been advised TO proceed TO the Banks
and operate under last years modus until fur
ther instructed
In view of Great Britain's assent to Mr.. Reid's
proposition. confidence is expressed that nothing
can now occur TO leopard the fundamental
agreement that the Treaty Of 1918 shall be con-
strued by the Hague tribunal. and the United
States is prepared to await the pleasure OF
Gre at Britain and the Newfoundland Premier in
so far as a new mOdus vivendi is concerned
HISTORY OF NEGOTIATIONS.
By the treaty OF 1918 Great Britain assured to
| American fishermen certain rights IN Newfound-
| land waters and the Gulf OF st. Lawrence,
which were at that time invaluable. and which
| still make possible The continued maintenance
| of the famous Gloucester fishing fleet In the
| administration OF James @. Blaine as Secretary
| of state. when the principle OF reciprocity was
| at its strongest. Newfoundland sought closer
tariff relations with the United states. the chief
| desire being to secure the market of this coun-
| try for the take of the Newfoundland fishermen.
| that market being preserved to American fish
ernen by the protective tariff Secretary Blaine
| encouraged the aspirations Of Newfoundland.
| and the Blaine Bond treaty the result.
| When this was rejected by the Senate the New
| foundland government showed signs OF resent
| ment and while unable. in the face Of the
| treaty Of 1918. to deny the rights OF Americarr
| fishermen in Newfoundland waters. sought by
various and at times ingenious regulations to
| hamper the efforts OF the Americans
The late Secretary Hay also negotiated a con-
veutfon known the Hay-Bond treaty and this
In turn was rejected by the Senate as being
ininfcal 10 the interests OF American fishermen
Almost as soon as Ambassador Reid had pre-
At Tbe4 .
James's Secretary Root addressed 70 him an
exhaustive note on the subjec4 Of the latest e.
forts of the Newfoundland authorities TO cir
cunnvent the treaty Of 1915. and suggested that
A presentation Of the facts 20 the British gov
ernment should result in a satisfactory settle
ment OF the controversy. Mr.. Reid. who had
given the most careful study TO the subject. even
before going 10 London. Immediately under
took the negotiations which have resulted IN the
agreement TO submit the entire subject to tina
Hague tribunal
So confident are the American authorities ~
the equities Of the claims of the United States
that IL is regarded as fnconceivable. despite the
we'll known prediction Of arbitral tribunals for
cornprouises that American interests should
suffer by such adjudication. and IT is believed
thar as soon as the tribunal shall have acted the
controversy will have been settled for all time.
A PECULIAR SITUATION
One of the pecuIarities Of the situation IS tnat-
IN the rafn the Newfoundland fishermen are
heartily in sympathy with the American fisher
men who are profitable customers for the catch
NJ the Observation-Disclosures and are usually gen
erous employers. Under the Treaty OF 1SlS
Americans have the right to take fish in certain
waters specifically and accurately descrined lnI
said treaty, and also 20 cure and saI nsn on
anv uninhabitated shores Of such waters Il
has long been the practice or American nsher-s
men to buy from the NewfoundIanders the ner-f
ring which are used for bait. as WelI as Tor
food instead Of exercising their undeniable right
10 take such fish themselves This practice Isl
most welcome TO the Newfoundland hshernenI
bu+ their government. in it's efforts to harnpe1
American industry has sought TO interdict sucnl
trading and has passed laws forbidding ifs
citizens to sell the Americans laws which ~
has been wholly unable to enforce Ill
i, 1877 there occurred in Fortune Bay conf
Aict between the NewfOundlanders and theii
Americans because the former felt that thef
Americans were taking away their means O1
gaining a livelihood BY some method Of me-
gotiation. not participated in by the authorities
- T ondop WASHINGTON or ST. Johns. the fisher
man of the two nations then arrived at an
a,tante cordiaIe whereby the Americans gave
ernpIovnent to native fishermen, and ever since
this custom of taking on board number OF
ve,vfoundIanders has been followed. This. tOo.4
tho Newfoundland authorities have sought rc
prevent.
a law authorizing the officers Of the government
70 stop search and examine under oath the mas
+ar 81 any vessel found within the three-nile
limit 10 prevent IL from going TO such place as
its master might desire within the treaty waters
or to prevent such vessel from sailing away WITT
such cargo as il might have taken This latf