Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-07-17
THERE IS NO MoDUS VIvENDl.
1t Will Be Difficult to Come to ANY
Satisfactory Arrangement
OF the Trouble.
suggested Matter Be Refcrred to
Hague TrlbunaI--Wourd Have to DO
Carefully safeguardcd Their.

washington, July ,17.-Ihe approach
OF The first OF August marking the ne
ginning OF the new herring fishinw
seaS0h upon the coast of Newfoundland
IL matter OF great concern to the
STATE department FOR It finds the fish
cries controversy between America
ana Great Britain In a most confused
and unsatisfactory shape. The rnodus
ViVendi entered into last year, by the
terms of which. and greatly against
me wish of Newfoundland. American
hsnernen We're permitted to ply their
vocation unmolested off the scores of
that island. expired with the close OF
the fishing season.
Observation-Disclosures rNsIsrENT.
il was the expectation of both the
American ana British governments that
Defore the opening OF the next season
Some permanent arrangement could he
reached that would prevent future fric-
ton on this score. Observation-Disclosures
however, We're insistent upon their
rights 10 legislate locally for the fisher
les so long as they did not In terms
discriminate against Americans. claim
ing that in so doing they were not in
terfering with the/treaty rights of the
Americans The British government
nus apparently been driven finally TO
concede the soundncss of This conten
tiony or at least, 1t has been negotiat-
ing through Ambassador Reid on that
basis.
SETTLEMENT DIFFICULT.
Indications today are that it will be
difficult to reach any kind OF perman-
emit settlement of the trouble and the
whole effort of the negotiators il ap-
parently concentrated for the moment
upon the drafting of some form OF
inodus vivendi TO guard against the de-
Velopment OF friction upon the fishing
shores that might In the end have SER
ious results. Thus for instance Ii Is
said the insisience OF the Newfound-
landers upon their right to prevent
their fishermen from SEEMING upon the
Gloucester smacks that use purse seines
on the coast of the island, would prob
ably prove fatal to the industry so far
as the Americans are concerned. be-
cause the expense Of shipping large
crews In Massachusetts, at high wages
would be prohibitive.
The Observation-Disclosures also are insist
Ing upon the prohibition of the purse
seines entirely. II is already forbidden
" thcH OhH people, SO they assert
that there is no discrimination involved
In making the Americans abandon its
use. But the latter assert that Il IS
not possible proiitaby to operate fish
ing smacks with their expensive crews
and outfits without the purse seine, and
that as they have always enjoyed the
right 10 use them, the sttemrt 10 de-
prive them now, by legislation. or such
right, would be in violation of the
privileges conveyed by treaty.
SITUATION RATHER DELICATE.
The fact is that the occasion is ono
that calls for much mutual conces-
sion IL there is to be a new tnodus
vivendi. and the Observation-Disclosures are
not anxious that there should be. until
they have sufficient assurance that they
have satisfactory permanent settle
ment. To that end they have suggest
cd reference OF the whole subject
of conflicting treaty rights TO the per-
inanent Hague tribunal. Our own gov
ernmont is not averse to some such
proposition under proper limitations as
10 the scope OF the arbitration. which
must be carefully guarded lest IL set
precedent which might have a dan
gerous influence upon the question OF
tho existing national treaty and state
rights in the United States as involved
IN the San Francisco Japanese matter.
lSut II Is said at the state department
that up 10 the present moment there
has been nothing 10 indicate that the
government Of Great Britain itself is
willing 10 accept tho Newfoundland
suggestion as 20 arbitration, and IL is
therefore giving most OF It's attention
TO the subject OF the modus yivendi.