386 NEW ENGLAND FISHERIES 



in the form of municipal laws, ordinances, or regulations 

 in respect of (1) the hours, days, or seasons when the 

 inhabitants of the United States may take fish on the 

 treaty coasts, or (2) the method, means, and implements 

 used by them in taking fish or in carrying on fishing 

 operations on such coasts, or (3) any other limitations or 

 restraints of similar character 



(a) Unless they are appropriate and necessary for the 

 protection and preservation of the common rights in such 

 fisheries and the exercise thereof ; and 



(&) Unless they are reasonable in themselves and fair 

 as between local fishermen and fishermen coming from the 

 United States, and not so framed as to give an advantage 

 to the former over the latter class; and 



(c) Unless their appropriateness, necessity, reasonable- 

 ness, and fairness be determined by the United States 

 and Great Britain by common accord and the United States 

 concurs in their enforcement. 



Question I, thus submitted to the Tribunal, resolves 

 itself into two main contentions : 



1st. Whether the right of regulating reasonably the 

 liberties conferred by the Treaty of 1818 resides in Great 

 Britain ; 



2nd. And, if such right does so exist, whether such 

 reasonable exercise of the right is permitted to Great 

 Britain without the accord and concurrence of the United 

 States. 



The Treaty of 1818 contains no explicit disposition in 

 regard to the right of regulation, reasonable or otherwise; 

 it neither reserves that right in express terms, nor refers 

 to it in any way. It is therefore incumbent on this Tri- 

 bunal to answer the two questions above indicated by in- 

 terpreting the general terms of Article I of the Treaty, 



