APPENDIX 385 



oral arguments, and the documents presented by either side, 

 after due deliberation makes the following decisions and 

 awards : 



QUESTION I. 



To what extent are the following contentions or either of 

 them justified? 



It is contended on the part of Great Britain that the 

 exercise of the liberty to take fish referred to in the said 

 Article, which the inhabitants of the United States have 

 forever in common with the subjects of His Britannic 

 Majesty, is subject, without the consent of the United 

 States to reasonable regulation by Great Britain, Canada, 

 or Newfoundland in the form of municipal laws, ordinances, 

 or rules, as, for example, to regulations in respect of (1) the 

 hours, days, or seasons when fish may be taken on the treaty 

 coasts; (2) the method, means, and implements to be used 

 in the taking of fish or in the carrying on of fishing opera- 

 tions on such coasts; (3) any other matters of a similar 

 character relating to fishing; such regulations being rea- 

 sonable, as being, for instance 



(a) Appropriate or necessary for the protection and 

 preservation of such fisheries and the exercise of the rights 

 of British subjects therein and of the liberty which by the 

 said Article I the inhabitants of the United States have 

 therein in common with British subjects; 



(b) Desirable on grounds of public order and morals; 



(c) Equitable and fair as between local fishermen and 

 the inhabitants of the United States exercising the said 

 treaty liberty, and not so framed as to give unfairly an 

 advantage to the former over the latter class. 



It is contended on the part of the United States that 

 the exercise of such liberty is not subject to limitations 

 or restraints by Great Britain, Canada, or Newfoundland 



