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Show A KNOTTY PROBLEM. Discussing the IHs-liU of the I.olnt.r Factory Fac-tory on French Hhore. Sr. John's, N. F., Nov. 13. Special. Spe-cial. A case, In the result of which public interest is deep and universal, came up for trial today. Sir lialdwin Walker, captain of II. M. S. Emerald and naval commander of this station, last June closed the lobster factory of James Halrd, which was situated on the French shore. Sir Haldwln had warned Mr. Italrd several time against operating opera-ting the factory, declaring that it was forbidden by the modus vlvendl which the Ilritlsh aud French governments entered into last March. Mr. Italrd Insisted that there was 110 law on the statute books of parliament or of tho colonial assembly which made his business busi-ness Illegal, and that Lord Salisbury was not empowered by tho constitution and laws of Kngland to Interfere with the lawful business of any British subject. He disregard all Sir Baldwin's warnings and protests, and instructed his manager to continue the factory's operations until forcibly Interfered In-terfered with. These orders were followed, fol-lowed, and the forcible Interference came, whereupon Sir Baldwin wa promptly served with' a writ issued from the colonial court directing him to answer Mr. llnird'a claim for rtamat ges for trespass. Sir Baldwin at first intimated that be would pay the claim but he finally concluded to put In a defence, lie urges the plea that his acle were justified by Ilia orders of the imperiul govcrnhient, issued to give effect to tho modus. This raises the Issue fairly and aquarely whether the British government had the right to undertake un-dertake the enforcement of the modus without the sanction of an enabling act, or without first proclaiming the territory affected by it to be under martial law. |
