The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-07-17
TROUBLE OVER FISH.
Newfoundland May Furnish Case for
The Hague Tribunal.

Washington, July 1.-THE ap-
proach of the first of August, marking
the beginning of the new herring fish
ing season on the coast of Newfound-
! the state department. for it finds the
| fisheries controversy between America
and Great Britain in a most confused
and unsatisfactory shape The modus
vivendi entered into last year, by the
terms of which. and greatly against
the wish of the Newfoundlanders,
American fishermen were permitted to
ply their vocation 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 governments
that before the opening of the next
season, some permanent arrangemen
could be reached that would remove
all future friction on this score. The
Newfoundlanders. however, were insist
ent upon their right to legislate locally
for the fisheries so long as they did not
IN terms discriminate against Ameri-
cans. claiming that in so doing they
were not infringing the treaty rights of
the Americans. The British govern
ment has apparently been driven final
ly to concede the soundness of this
contention, or at least. it has been
negotiating through Ambassador Reid
on that basis. Indications today are
that it will be difficult to reach any
kind of permanent settlement of the
trouble and the whole effort of the
negOtfators is apparently concentrated
for the moment on the drafting of
some form of modus vivendi to guard
against the development of friction on
the fishing shores that might in the
end have serious results. Thus, for in
stance. it is said. the insistence of the
Newfoundlanders upon their right to
prevent their fishermen from seining
on the Gloucester smacks that use
purse seins off the coast of the island,
would probably prove fatal to the in
n 70 ne
concerned because the expense of
shipping large crews in Massa chusetts
at high wages would be prohibitive.
The Newfoundlanders also areinsisting
upon the prohibition of the purse seine
entirely. 1t is already forbidden to their
own people so they assert that there is
no discrimination involved in making
the Americans abandon its use.- But the
latter assert that it is not possible
prof1tably to operate fishing smacks
with their expensive crews and outfits
without the purse seine, and that as
they have always enjoyed the right to
use them. the attempt to deprive them
now, by legislation of such right, would
be in violation of the privileges convey
ed by treaty.
The fact is that the occasion is one
that calls for much mutual concession If
there is to be new modus vivendi, and
the Observation-Disclosures are not anxious
that there should be until they have
some sufficient assurance that they can
have a satisfactory permanent arrange
ment. To that end they have suggest
ed reference of the whole subject of
conflicting treaty and legislative rights
to the permanent Hague tribunal. Our
own government is not averse to some
such proposition under proper limita-
tions as to the scope of the arbitration
which must be carefully guarded lest
it set precedent which might have a
dangerous influence upon the vexed
question of conflicting national treaty
and states rights in the United States
as involved in the San Francisco and
Japanese matter. But it is said at the
state department that up to the presenr
moment there has been nothing to indi-
ain itself is willing to accept the New
foundland suggestion to arbitration
and it is therefore giving most of its |
vivendi.