or were only partially equipped. Gear was scarce in Newfoundland. Unless the vessel could supply these men with gear, it was impossible to utilize their services. Furthermore, gear was consumed very rapidly. Storms often washed it away. The water frequently froze and in that case the gear and tackle would often be taken away when the ice went out. Such gear had to be replaced at once if fishing was to continue. The fishing usually took place miles from a settlement and the only possible source of supply was the vessel. Gear and outfit supplied to members of the crew were charged against their accounts and deducted from their pay when settlement was made.

Similarly tobacco was supplied to members of the crew while on these fishing trips, charged against their accounts and deducted from their pay. Members of the crew were invariably heavy users of tobacco and, as a practical matter, it was necessary to keep a large supply of tobacco on hand.

Duty was not ordinarily paid upon provisions. The customs officers usually included in the ship's stores a supply of food stuffs sufficient to feed not only the crew shipped in Gloucester but the enlarged crew taken on in Newfoundland.

Whenever I paid customs duties or light dues to the customs officers I made verbal protest. I always made the claim that I considered these charges to be in violation of our rights under the Treaty of 1818 and therefore illegal.

I kept an account of expenditures made by me on these herring trips and upon my return to Gloucester settled accounts with the bookkeeper of the person or concern by whom I was employed. I turned over to said bookkeeper any receipts or vouchers which had been given to me by the customs officers of Newfoundland and which had not been lost or mislaid.

I have refreshed my recollection of the above voyages and of the payments of the light dues and customs duties made thereon by an examination of the ship's papers and customs house records of the voyages and by an examination of the papers bearing upon said payments in the files of the claimants.

In witness whereof I hereunto set my hand on this eighth day of April, A. D. 1924.

DONALD A. McCUISH.

Subscribed and sworn to before me on this eighth day of April,

A. D. 1924.

[SEAL.]

FREDERICK H. TARR,
Notary Public.

EXHIBIT 15.

Affidavit of Donald A. McCuish.

I, Donald A. McCuish, of Gloucester, County of Essex, and Commonwealth of Massachusetts, being duly sworn, hereby make affidavit and state as follows:

In the year 1903, I was in the employ of Jerome McDonald, of Gloucester, Massachusetts. Said Jerome McDonald owned and operated a number of fishing schooners which he sent to sea to engage in the halibut, herring, cod, mackerel and other fisheries.

During the spring of that year, I made a halibut trip to the banks of Newfoundland and the Gulf of St. Lawrence as master of his fishing schooner Monitor.

While on this trip I had occasion to go into the harbor of Birchy Cove to get bait. In so doing, I was compelled, under threat of seizure if I failed to comply, to report at the Customs House and to pay light dues.

In witness whereof I hereunto set my hand on this eighth day of April, A. D. 1924.

DONALD A. McCUISH.

Subscribed and sworn to on this eighth day of April, A. D. 1924,

before me, [SEAL.]

FREDERICK H. TARR,

Notary Public.

EXHIBIT 16.

Affidavit of John A. McKinnon.

I, John A. McKinnon, of Gloucester, County of Essex, and Commonwealth of Massachusetts, being duly sworn, hereby make affidavit and state as follows:

During the years 1900 to 1910 I made a number of trips to the Treaty Coast of Newfoundland as master of fishing schooners operated by the Cunningham & Thompson Co., a Gloucester concern engaged in the business of producing and packing fish. It was the practice of this company to send a large number of fishing schooners to Bay of Islands on the west coast of Newfoundland during the herring season of each year to engage in the herring fishery. This season usually commenced in October and ordinarily lasted until the latter part of the following January.

I have read an affidavit executed by Capt. George H. Peeples of Gloucester, Mass., dated April 16, 1924, relating to the methods employed by the Cunningham & Thompson Co. in conducting the herring fishery on the Newfoundland Treaty Coast and to the

practices of the customs officers of the colony of Newfoundland in levying light dues, customs duties, etc., against vessels engaged in this fishery. Capt. Peeples' statements in respect to the manner in which the company carried on the herring fishery and with respect to the acts of the customs officers of Newfoundland in levying customs duties and light dues are correct. A copy of Capt. Peeples' affidavit of April 16, 1924 is attached hereto.1

In witness whereof I hereunto set my hand on this 4th day of June, A. D. 1924.

JOHN A. MCKINNON.

Subscribed and sworn to before me on this 4th day of June, A. D.

I, John J. Matheson, of Gloucester in the County of Essex and Commonwealth of Massachusetts, being duly sworn, hereby make affidavit and state as follows:

During the year 1910, I was in the employ of John Chisholm of Gloucester, Massachusetts, who was engaged in the business of producing and packing fish. The said John Chisholm owned and operated a number of fishing schooners which he sent to sea to engage in the herring, cod, mackerel, halibut and other fisheries. A considerable part of the fishing of his vessels was done on the banks of Newfoundland and on the so-called Treaty Coast of Newfoundland. It was his practice to send a number of fishing schooners to the Bay of Islands on the Treaty Coast of Newfoundland during the herring season of each year to engage in the herring fishery. The herring season usually commenced in October and ended in the following January. Roughly speaking, it was divided into two parts, the salt herring season which lasted until Christmas, and the frozen herring season which began about Christmas and continued until the close of the season.

During the herring season of 1910-1911, I was master of the fishing schooner Monarch, then owned and operated by said John Chisholm and made a herring trip to Bay of Islands as master of said schooner. I cleared from Gloucester on or about November 26, 1910, and returned to Gloucester on or about January 27, 1911, with a cargo consisting of 750 barrels of frozen herring and 130 barrels of pickled herring.

I have refreshed my recollection of the details of this voyage and of the payments of light dues and customs duties made on this voyage

1 [Capt. Peeple's affidavit is printed on p. 78.-Agent's Note.]

by an examination of the ship's papers and customs house records of the voyage and by an examination of the receipts and other documents bearing upon said payments in the files of the Chisholm

concern.

The Monarch sailed from Gloucester with a crew of nine men. Upon the arrival of the schooner at Bay of Islands additional men were added to the crew to enable the vessel to take a cargo of herring. It carried to Newfoundland simply the barrels, lumber, fishing gear, fishermen's outfit and supplies necessary for the use of the vessel and crew in the successful prosecution of a herring trip.

Upon the arrival of the vessel in the Bay of Islands, the customs officers required me to report at the Customs House and enter the ship. The customs officers required me to pay light dues and also customs duties on lumber, barrels and fishing gear. Duty was not levied on provisions. The customs officers included enough food in the ship's stores to feed not only the members of the crew shipped at Gloucester, but also the additional men shipped in Newfoundland.

The men engaged in Bay of Islands to complete the crew of the schooner rowed out to the ship in their boats, were taken aboard the vessel and were housed and fed there during the continuance of their employment. The schooner anchored in various places and the men fished in their boats within a short distance of the vessel. The fishing was done with gill nets. The men were paid according to the amount of their catch, the usual rate being $1.25 per barrel. These men were treated in all respects the same as the men shipped in Gloucester. They understood that they were working for the vessel and that their catch belonged to the vessel. All fish caught by them were delivered to the schooner where they were salted or frozen and then placed in the hold of the vessel or in barrels on deck.

During this trip, the vessel did not engage in trade. None of the articles taken to the Bay of Islands were intended to be sold or exchanged for other goods; nor were they in fact sold or exchanged for other goods. The cargo taken aboard consisted solely of herring taken from the Bay of Islands in the manner herein described. This herring, upon the return of the vessel to Gloucester, was admitted free of duty as the product of an American fishery.

On this trip duty was levied on barrels, which were used solely as receptacles for the fish and returned to Gloucester with the vessel; on salt, which was used solely for salting the fish on board the vessel; on lumber, which was used for building a scaffolding upon the vessel upon which to freeze the fish, the scaffolding being thrown overboard when the freezing was completed.

Duty was also levied upon fishing gear-nets, rope, anchors, etc. This fishing gear was taken to Newfoundland "for the benefit of the voyage." The crew were required to furnish their own gear.

It frequently happened, however, that Newfoundlanders shipped at Bay of Islands were lacking in gear and outfit, and in order to utilize their services it was necessary to supply them with the needed articles. Good gear was scarce in Newfoundland. During the process of fishing much gear was lost and expended. Storms often destroyed nets, and anchors were frequently lost. The arms of the Bay frequently froze over and in that case the gear would often be taken away when the ice went out. Such gear had to be replaced immediately in order that the fishing might be continued. The fishing was frequently carried on miles from a settlement and the only source of supply was the vessel. The situation was such that fishing could not be carried on unless the vessel had at all times a supply of gear. Gear supplied to the members of the crew was charged against their accounts and deducted from their pay when a settlement was made.

In witness whereof I hereunto set my hand this twenty-third day of April, A. D. 1924.

JOHN J. MATHESON.

Subscribed and sworn to before me on this 23rd day of April,

I, Clayton Morrissey of Gloucester, Essex County, Massachusetts, being duly sworn, hereby make affidavit and state as follows:

I was master of the American fishing schooner Lewis H. Giles during the year 1899. During that year, I made a herring voyage from Gloucester to the Treaty Coast of Newfoundland, leaving Gloucester on or about November 13th and returning to Gloucester on or about December 29th.

During the herring season of 1900-1901, I was master of the American fishing schooner Joseph Rowe and sailed from Gloucester to the Treaty Coast of Newfoundland on or about November 13, 1900, returning to Gloucester on or about January 10, 1901.

On each of the above mentioned trips, I sailed from Gloucester with a crew of eight or nine men-a number of men sufficient to take the vessel to Newfoundland and bring it back. Upon its arrival on the Treaty Coast of Newfoundland, Newfoundlanders were shipped to complete the crew. The number of Newfoundlanders thus engaged was from twenty-five to thirty-five men. Newfoundlanders thus engaged to complete the crew of the schooner were required to sign