CO885-(13-15) — Page 363

6185.

PUBLIC RECORD OFFICE

السيسيا

Reference :-

C.O. 885

14 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO

No. 57.

(NEWFOUNDLAND.)

LAW OFFICERS to FOREIGN OFFICE.

MY LORD,

Royal Courts of Justice, April 7, 1894. We were honoured with your Lordship's commands signified in Mr. Bertie's letter of the 22nd ultimo, stating that he was directed by your Lordship to transmit to us the papers noted in the accompanying list relating to two questions connected with Her Majesty's Treaty obligations in Newfoundland which had been raised upon consideration of the Naval Officers' Reports on the Newfoundland Fisheries for the season of 1893.

That the questions were:-

1. Whether the new industry of salting lobsters for export was or was not an infringement of the modus vivendi.

2. Whether in regard to certain proposed transfers of lobster factories to new sites, (a matter which was provided for in the modus vivendi, but as to which the French Admiral raised serious difficulties for the first time last year) Her Majesty's Government were justified in remonstrating against the refusal of the French Admiral to sanction any such transfers.

That with respect to the salting of lobsters it would be seen from the ninth paragraph of the Colonial Office letter of 11th February last, that Her Majesty's Secretary of State for the Colonies was of opinion that that industry was not an infringment of the modus vivendi. But that your Lordship entertained grave doubt on the subject- doubts which were in a great measure confirmed by a perusal of an annexed memorandum by Mr. Hall, to whom the papers were referred.

That whether or not the salting was done on board ship or on shore did not appear clearly from the correspondence, but that your Lordship understood from the Colonial Office that it was, as a matter of fact, done on shore in the houses of the fishermen and not on board ship.

That that would appear to be a point of considerable importance in considering the legality of the industry under the provisions of the modus vivendi.

That in regard to the refusal of the French Admiral to sanction transfers of lobster factories to new sites, your Lordship concurred in the views expressed in paragraphs 10 to 14 of the Colonial Office letter of 11th February; and that, subject to our concurrence, you proposed to address a representation to the French Government on that subject-if it were eventually decided to propose a renewal of the modus vivendi for the ensuing season.

That Mr. Bertie was to request that we would take the papers into our consideration. and that we would favour your Lordship with our opinion on the questions submitted in his letter, viz. :—

Whether, under the modus vivendi, Her Majesty's Government were bound to prohibit the salting of lobsters or not, or whether they might leave it open, as suggested by Mr. Hall, as a set-off against the refusal of the French authorities to permit transfers of British lobster factories to new sites; and lastly whether, if the modus vivendi should be renewed, they would be justified in remonstrating against the action of the French Admiral in refusing his sanction to the transfer of existing British lobster factories to new sites?

That your Lordship would be glad, at the same time, to be favoured with any general observations which we might desire to offer on the subject.

We have taken the papers into our consideration, and, in obedience to your Lordship's commands, have the honour to

Report-

1. That, although the point is by no means free from difficulty, it is, on the whole, the better construction of the modus vivendi to hold that it it was intended, with refer- ence to the the whole question of lobster fishery, to preserve the existing state of things, and that the new method of salting lobsters was not contemplated and is not permis- sible. If, as it now appears, the salting is carried on in the fishermen's houses on shore,

0 79871.-15. 25.-4/94.