As we understand the facts, the catching and tinning of lobsters is an industry which has sprung up for the first time in recent years, and requires factories wholly different from the stages in which the fish were dried, and involves operations never before practised.
In our judgment the French are not entitled to claim these rights.
We think it right to add that, in our opinion, the question is one upon which it would be wrong to be dogmatic or to readily give way.
We think the view of the Newfoundland Authorities ought to be supported particularly as regards the buildings and the French claim to warn off Newfoundland fishermen.
If a positive answer must be given, we think the French demand is in excess of their treaty rights, and that they are not entitled to any substantially new form of fishery or fish manufactory.
The Right Hon. Lord Knutsford,
&c.
&c.
&c.
We have, &c., (Signed)
RICHARD E. WEBSTER. EDWARD CLARKE.
16,309.
PUBLIC RECORD OFFICE
Reference :-
TTC.O.885
13 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
MY LORD,
No. 127.
(WESTERN AUSTRALIA.)
LAW OFFICERS to COLONIAL OFFICE.
WE were honoured with your Lordship's commands, signified in Mr. Wingfield's
Royal Courts of Justice, August 10, 1888. letter of the 9th ultimo, stating that he was directed by your Lordship to transmit to us a copy of an Art of the Legislature of Western Australia, entitled "An Act to consolidate and amend the law relating to the Pearl Shell Fishery Special Revenue,” which duly received the Queen's assent.
That it would be seen from that Act, section 2, that any ship employed in any pearl- shell fishery of the Colony (other than those at Sharks Bay, upon which no question arose) was required to take out a license, which license was (section 3) granted against a deposit of the ship's papers, and (section 8) only after payment of customs duties upon all uncustomed stores laden on board the ship, although it might not be intended to land such stores.
That it would further be seen (section 3) that the ship's papers were only to be returned to the master upon his accounting for all pearl shells gotten since the granting of the license, and (1) landing, (2) entering on the cargo book, or (3) paying export duty upon such shells.
That that export duty amounted (section 9) to 41. per ton upon all pearl shells (with certain exceptions) exported from any place within to any place without the limits of the Colony.
That powers of visitation and search within any port of, and search within a league from the coast of, the Colony were conferred upon certain Government officers by sections 14 and 15 of the Act.
1887. Haynes to
That it would be observed from the papers noted in the margin that persons came Haynes to by sea from places outside the Colony in ships fully equipped for the pearl-shell fishery, C., 12 Sept. which was now carried on in great measure more than three miles from the coast of the Colony, and that objections were taken by those persons, inter alia, to the imposition C.O, 24 Det by the Colonial Legislature of Customs duties on stores shipped in other colonies or countries and not landed in the Colony, and on pearl shells raised beyond the three- State to mile limit and not landed in the Colony.
That it would also be observed from paragraph 5 of the Governor's despatch of April 16th 1888 that the Act was specially aimed at those persons.
1887.
Secretary of
Governor. 3 Dec. 1887 Governor in reply, 16 Apri!
C.O., 15 June
That the boundaries of the Colony enclosed a large area of sea, and were described 1888. in the report of our predecessors dated 4th August 1886, to which Mr. Wingfield Mr. Streeter to was to invite our attention as well as to our report of the 18th March 1887, and to a 1888. report of the Law Officers of 22nd October 1875.
That the actual circumstances under which the fishery was conducted were not clearly stated in the correspondence, but that your Lordship thought that it might be taken that two classes of foreign, in the sense of extra-colonial, ships had to be considered.
(1) Ships which fish partly within and partly outside the three-mile limit.
(2) Ships which fish entirely outside the three-mile limit, but come within it
occasionally for shelter or to obtain water, or other necessaries.
That your Lordship thought it might also be taken that ships of the second class took out licenses under the Act from a feeling of uncertainty as to its operation more than three miles from the shore, and to avoid any risk of forfeiture.
52950-31. 25.-8 P8.
}