El Paso herald. (El Paso, Tex.) 1901-1931, 1912-12-03
Nations Agree On Fish Laws
France Maintains Two Islands For
Fishermen Off the Coast of
newfoundland.
Frederic J. Haskiu-
n! + reuerhc q 10S'>i
ID q. d.

! 10 DC considered In Internd tlOnal urea
( lies. From the foundation of the gov
! eminent T. the present time, questions
1 pertaining to this subject have been
! continually before the department Of
! state The conditions affecting the
| fishery industries of Canada and the
] United States were considered by
special court at the Hague peace con-
SresS from June to September, 1910,
and occupied the attention Of the
civilized world. The final treaty re-
sultant of this hearing went into ef-
I feet only last month, but il is believed
that it will finally settle the disputes
which have existed between the two
countries for more than a century.
First Treaty IN 1888.
The treaty of peace between the
Z United States and Great Britain, con-
cluded in 1888. has its third article the
provision that the former should have
the unmOlested right to take fish OF
every kind upon the grand bank and
; on all other banks of Newfoundland:
also in the Gulph Of st. Lawrence and
at all other places where the inhabi-
tants of both countries used at any
time heretofore TO fish"
After the war Of 1872. a difference
Of opinion arose as to the validity OF
J this treaty The United States claimed
that it remained in force while England
contended that it had been abrOgated
by the war. The disputes caused great
difficulties for American fishermen
I until a new treaty was made in 1878.
| This practically gave Americans the
same rights as the former convention
Settled by the Hague.
The court of the Hague tribunal be-
fore which the hearings were pre-
scented consisted of five members ap-
( pointed from the permanent court of
arbitration To it were submitted sew
en- questions covering the main points
OF dispute. The contentious of both
nations were prepared beforehand and
to
The whole series contained about $500
pages and a similar amount of ma
terlal was prepared for Great Britain.
The oral arguments, which constituted
the principal part of the proceedings,
were delivered by four of the counsel
for each nation They consumed 40
sessions. The concluding arguments,
which supposedly summed up the stu
alton 7jiq, were delivered r. sir William
ROBSON, attorney gen al of Great
Britain, and senator Elihu Root, who
had been secretary of state when the
negotiations were concluded.
The contention of Great Britain was
Inat the liberty to take fish was sub
Ject, without the consent of the United
states, to reasonable regulations by
Great Britain or Canada or Newfound-
land In the form of municipal laws, or
FINANCES or rules as for example, re-
Sarding the time when fish may be
taken, the implements to be used or
any other matter of a similar charac-
ter.
The United States contended that tho
liberty granted in the treaty of 1918
was not subject to any limitations by
the British government in the way OF
municipal laws, ordinances or regula-
lions unless their appropriations,
necessity, reasonableness and fairness
be determined by the United States
and Great Britain in common accord
and the United States concur in their
enforcement" The award of the tribu-
n al hi
sovereignty Of Great Britain was in
volved upon one hand and the fishing
rights Of Americans upon the other
the right Of Great Britain to make
regulations governing her own terri
tory without the consent of the United
States was inherent with the British
sovereignty.
Awards Favored United states.
The fact that the Newfoundland
government had in contemplation the
presentation Of a heavy claim for the
value Of the cod, halibut and herring,
which the American fishermen during
the past 80 years have taken rom the
coasts of that island as Wen as the
Magdalen islands, in the event of the
British contention being sustained
rendered the award in favor of the
United States particularly important
10 American fishermen especially in
New England. Excepting as regards
the first questions the awards were all
unanimously in favor of the United
States and since this Hague court
there have been a number of treaties
or agreements, the last of which has
Just gone into effect by which it is be-
HeVed that the difficulties will be
overcome and that any regulations
made for the welfare of the involved
territory will be concurred in and sup
ported by the United States
Treaties Involve France.
The international treaties regarding
fishing privileges in the north Atlantic
= ter inv or71a oil
United States and England All that is
left of the once great French territory
IN North America are two small is
lands called st. Pierre and Miquelon,
situated about 10 miles south of New
fOundla1d. The treaty of Paris, signed
in 1853, ceded these islands to the
king Of France as a shelter for French
fishermen upon the condition that he
did not fortify them or erect buildings,
except such as might be needed for the
fishing industry, and that he keep no
larger guard than so policemen upon
the islands.
The French lost possession Of these
Islands and regained it several times |
and there have been numerous dis
putes as to whether that nation was
entitled to exclusive fishing rights
upon these coasts and also regarding
her fishing privileges in adjoining
Newfoundland waters. Although the
matter Of French fishing in NeWfOund- I
land waters was provided in almost 1
the Identical language as that in ]
which it was secured to the United |
States. the French fishermen as a
class have not been subjected to the /
local restrictions which were forced !
upon Americans. This fact was /
brought out in the deliberations of !
the Hague tribunal whose awards it |
IS hoped have now secured equal fish /
ing rights for all upon these waters.
French Islands of Granite.
These two small islands, the com /
Ained area of which is less than 20 /
square miles, are in some respects the /
most interesting upon the American /
coast. They are mostly of granite. al /
fording sparse vegetation and little /
natural advantage save for fishing.
Each island contains town of purely /
French type. The buildings are mostly /
of wood, even to the cathedral which /
IS located upon st. Pierre On this also 1
is the governors residence and the /
American terminal of the French At |
lantic cable.
During the fishing season. which 1
lasts from May to October, these is |
lands are visited by hundreds Of 4
French and thousands of fishermen. I
Their permanent population in 1900 4
was 1882. but this is diminishing as I
many families are moving to Canada. /
The is!aH1s .--e especially valuable to (
the French government as a training /
ground for sailors and petty officers /
who are placed upon these fishing YES
sells to learn the principles of naviga-