business of producing and packing fish. This Company owned a large fleet of fishing schooners which it sent to sea to engage in the herring, cod, mackerel, halibut and other fisheries. It was the practice of the Company to send a large number of. schooners to Bay of Islands on the Treaty Coast of Newfoundland during the herring season of each year to engage in the herring fishery. In the season of 1907-1908, I made herring trips to Bay of Islands on the Treaty Coast of Newfoundland as master of the Company's schooners Senator Gardner and Smuggler and in the season of 1910 as master of the Company's schooner J. R. Bradley. I have carefully read an affidavit executed by Chaney N. Hall, of the Gorton-Pew Fisheries Company of this city, on April 4, 1924, relating to the methods employed by that Company in conducting the herring fishery on the Treaty Coast of Newfoundland 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. Mr. Hall's statements with 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 duties and light dues are correct. A copy of Mr. Hall's affidavit of April 4, 1924, is attached hereto.1 In witness whereof I hereunto set my hand on this ninth day of June, A. D. 1924. OWEN WHITTEN. Subscribed and sworn to before me on this ninth day of June, A. D. 1924. [SEAL.] EXHIBIT 24. FREDERICK H. TARR, Notary Public. Letter from Mr. C. J. B. Hurst to Mr. Robert Lansing. OFFICE OF THE BRITISH AGENT, PECUNIARY CLAIMS ARBITRATION, MY DEAR MR. LANSING: I think it will be convenient that I should embody in a note the understanding arrived at in the conversation which Sir Edward Morris and I had with you this morning on the subject of the Newfoundland claims. The desirability of getting these claims settled without great delay was recognized on both sides, but we understand you to consider [Mr. Hall's affidavit is printed on p. 96.-Agent's Note.] that it will not be possible to come to an agreement on all the claims without the intervention of the arbitrators, as many of the claims raise questions of principle upon which it will be necessary to obtain the decision of the Tribunal. On the other hand if, between now and the meeting of the arbitrators for the purpose of dealing with the claims, it becomes clear that there is no dispute as to any particular claim, or that an agreement has been reached with regard to it, that claim shall be treated as settled without further recourse to the Tribunal. It is agreed that in some respects the Rules of Procedure at present in force will require modification for the purpose of these claims. In order to narrow the issues so far as possible and to avoid the expense of printing unnecessary documents, it is agreed that by the 1st of July, 1914, you will communicate to the Newfoundland Government a statement of all the material facts in each of the claims. This statement will not be accompanied by the proofs establishing the facts alleged, but so far as such explanations are necessary, will indicate the circumstances under which particular items of the claim arose. Printed copies will be filed in the office of the Tribunal in the ordinary way. This statement will be examined by the Government of Newfoundland, and by the 1st of October, 1914, they will communicate to the United States Government a similar statement in reply indicating the extent to which the facts in each claim are admitted and the extent to which they are disputed, and setting out their view of the facts where it differs from that of the United States. Printed copies of this statement will be filed in the office of the Tribunal. The memorial or memorials on behalf of the United States in respect of the claims against the Government of Newfoundland will be filed by the 1st of January, 1915. No proof need be given of facts as to which the statements on either side provided for above indicate that there is no dispute, but in other respects the memorial will conform to the Rules of Procedure at present in force. The answer or answers on behalf of His Majesty's Government will be filed by the 1st of April, 1915. On the 1st of June, 1915, printed arguments on behalf of each Government will be filed in the office of the Tribunal. These printed arguments will develop fully the contentions on either side as to the legal principles involved. With the above procedure it will be possible to eliminate very largely, if not entirely, oral arguments of Counsel. The extent to which such oral arguments shall take place can be arranged between us at a later stage, but the right of the Tribunal to call for oral explanations on any point will of course be maintained. It is agreed that, subject to the concurrence of the arbitrators, a session of the Tribunal to dispose of these claims will commence on the 1st of July, 1915. This session will not be held at Washington, as it will then be too hot there, but at some Northern city to be arranged later. The arrangements embodied in this letter will apply also to any claims against the Newfoundland Government which may be included in a second schedule, if by then a second schedule to the Claims Convention has been agreed. Yours sincerely, C. J. B. HURST. EXHIBIT 25. Letter from Mr. Chandler P. Anderson to the Secretary of State. American and British Claims Arbitration Tribunal The Honorable the SECRETARY OF STATE. MAY 24, 1915. SIR: At the request of the British Ambassador, I transmit herewith to the Department the documents listed below, relating to the pecuniary claims filed by the Government of the United States against the Government of Newfoundland, which are pending before the American and British Claims Arbitration Tribunal. I am, Sir, yours very truly, CHANDLER P. ANDERSON. Letter from British Ambassador to Chandler P. Anderson April 12, 1915, enclosing letter from the Prime Minister of Newfoundland, to the Governor of Newfoundland, dated March 29, 1915, and Memorandum marked "A," and Statement marked "B." Letter from Chandler P. Anderson to British Ambassador, April 21, 1915. Letter from British Ambassador to Chandler P. Anderson, May 21, 1915. [Enclosure 1: Letter from the British Ambassador to Mr. Anderson.] BRITISH EMBASSY, Washington, April 12th, 1915. MY DEAR MR. CHANDLER ANDERSON: I have received from the Governor of Newfoundland with the request that they might be forwarded to you, the enclosed Memorandum marked "A" and Statement marked "B" regarding the Pecuniary Claims filed by the United States Government against the Government of Newfoundland. His Excellency informs me that Sir Edward Morris recently discussed the whole question with you in New York and submitted to you on behalf of the Newfoundland Government an offer of settlement on the following terms:-the Newfoundland Government are prepared to pay the whole of the amount of the light dues collected by them between the years 1899 and 1911, when the United States fishermen were discriminated against by Newfoundland Fisheries Laws, which sum would amount to three or four thousand dollars; but in relation to all the other claims the Newfoundland Government have a complete defence, both in fact and in law, and they believe that this will be admitted by the counsel on behalf of the United States after a careful examination of the facts and figures which I understand are already in your possession and are to be found in the Memorandum and Statement enclosed herein for your convenience. I am, my dear Mr. Chandler Anderson, Yours sincerely, CECIL SPRING RICE. The Honourable CHANDLER P. ANDERSON, Etc. [Subinclosure 1: Letter from the Prime Minister of Newfoundland to the Governor of Newfoundland.] His Excellency the GOVERNOR. PRIME MINISTER'S OFFICE, When I was in New York I discussed with Honourable Chandler Anderson, who was representing the State Department at Washington, the whole question of the United States Pecuniary Claims, and the answer of His Majesty's Government in relation to the same. 2. The total amount claimed by the United States is $99,633.34. I have already furnished Your Excellency with a printed copy of the individual claims of the United States fishermen, in all, 38 claims, numbered 45-82 inclusive, as well as our answers to the same. 3. The claims numbered 45-71 inclusive are for specific charges or sums of money alleged to have been illegally and unjustifiably imposed upon fishing vessels of United States fishermen by the Newfoundland Government. These claims are similar in their details, and are dealt with collectively in a memorandum marked "A" which I enclose you. The claims numbered 72-82 inclusive are special in their nature and each claim will require to be dealt with individually. 4. Attached to this Memorandum "A" is a detailed statement marked "B" of the whole of the claims numbered 45-82 inclusive. The statement contains the number of the claims the names of the claimants and the amount claimed by each claimant. Both documents speak for themselves. 5. For more detailed information concerning the claims numbered 72-82 inclusive, reference may be had to the printed statements and answers filed in relation to these claims. 6. As a result of my discussion with Hon. Chandler Anderson I told him that the Newfoundland Government were prepared to pay the whole of the amount of the light dues collected by us between the years 1899 and 1911, when the United States fishermen were discriminated against by Newfoundland Fisheries Laws, which sum would amount to three or four thousand dollars; but that in relation to all the other claims, we had a complete defence, both in fact and in law, and that it only required a careful examination by the counsel on behalf of the United States of the facts and figures now before them to admit this. 7. I promised to put this offer of settlement in writing and forward it to him, and I do so now in this communication, as well as the enclosed Memorandum "A" and "B" which I think, with the other documents referred to, of all of which he has copies, will put the position very clearly before him. 8. I would be grateful if you would forward the substance of this letter and the Memoranda or the letter itself to the British Ambassador at Washington to be forwarded to the Hon. Chandler Anderson. (Sd.) E. P. MORRIS, Prime Minister. [Subinclosure 2: Memorandum of the Government of Newfoundland relative to fishing claims.] "A" PECUNIARY CLAIMS COMMISSION. MEMORANDUM RE CLAIMS FILED BY THE UNITED STATES OF AMERICA AGAINST NEWFOUNDLAND. 1. There are 38 claims in all which are numbered from 45 to 82, inclusive. The claims numbered from 45 to 71, inclusive, are for specific charges alleged to have been illegally and unjustifiably imposed upon fishing vessels of the United States by the Newfoundland Government. These claims are similar in their details and can be dealt with collectively in this memorandum. The claims numbered from 72 to 82, inclusive, are special in their nature and each claim will require to be dealt with individually. 2. The total amount claimed by the United States is $99,658.34 which is divided as follows: Claims 45 to 71, inclusive__ Claims 72 to 82, inclusive.. $42, 667. 57 56, 990. 77 99, 658. 34 |