The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-07-18
TRYING TO BAR
THE AMERICANS.
Observation-Disclosures Insist Uponl
Their Right to LegiSIate on
Fisheries Question.
MoDUs VIvENDI EXPIRED
CONTROVERSY ABOUT TO BE
RENEWED.

Washington, July 1.-THE approach
of the LIST of August, marking the be-
ginning of the new herring fishing sea-
son upon the coast of Newfoundland
is matter of great concern to the
state department, for it finds the hsh-
cries controversy between America and
Great Britain in a most confused ana
unsatisfactory shape. The mOdus VI
yendi entered into last year, by the
terms of which, and greatly against
the wish of the Observation-Disclosures,
American fishermen were permitted to
ply their vocation unmolested on 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 arrangement
could be reached that would prevent
future friction on this score. New
fOundlandeTs, however, were insistent
upon their right to legisate locally for
the fisheries so long as they did not in
terms discriminate against Americans,
claiming that in so doing they were
not interfering with the treaty rights
of the Americans. The British gov
eminent has apparently been driven
finally to concede the soundness of this
contention, or, at least, it has been
negotiating through Ambassador Reid
on that basis.
Purse Seines Barred.
Indications today are that it will be
difficult to reach any kind of perma-
nent settlement of the trouble, and
the whole effort of the negotlators IS
apparently concentrated for the mo-
ment upon the drafting of some form
of mOdus Vivendi to guard against the
development of friction upon the fish
ing shores that might In the end have
serious results. Thus. for instance, 1t
is said the insistsnce of the New
fOundlanders upon their rights to pre-
vent their fishermen from signing upon
the Gloucester smaCks that use purse
seines off the coast of the island, would
probably prove fatal to the industry
so far as the Americans are concerned,
because the expense Of shipping large
crews in Massachusetts at high wages
would be prOhibitive.
The Observation-Disclosures also are in
/ sisting upon the prohibition of the
! purse seines entirely. 1t is already for
/ hidden to their own people, so they as
! sert that there is no discrimination in
volved i'm making the Americans aban-
/ OOn us use but the ldtLef assert Llldt
it is not possible prOfitably 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 at
! tempt to deprive them now, by legis-
4 lation, of such right, would be i'm viO-
/ Iation of the privileges conveyed by
/ treaty.
Situation Delicate.
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 anx-
ious that there should be, until they
! have sufficient assurance that they
! have a satisfactory permanent settle
ment. To that end they have suggest
ed a reference of the whole subject Of
| conflicting treaty rights to the per-
manent Hague tribunal. Our own
! government is not averSe to some such
proposition under proper limitations as
I to the scope of arbitration, which must
| be carefully guarded lest it set a pTece-
l dent which might have a dangerous
1 influence upon the question OF the eX-
listing national treaty and state rights
| in the United States as involved in
the San Francisco Japanese matter.
1 But it is said at the state department
that up to the present moment there
has been nothing to indicate that the
/ government of Great Britain itself is
| willing 10 accept the Newfoundland
/ suggestion as to arbitration and il is
/ therefore giving most of its attention
to the subject of the modus vivendi.