REPORT OF THE COMMISSIONER OF FISHERIES. 55 



(c) Equitable and fair as between local flsherwen 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 in the form of municipal laws, ordinances, or regulations in re- 

 spect 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 imple- 

 ments used by them in taking flsh 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 preser- 

 vation of the common rights in such fisheries and the exercise thereof; and 



(&) Unless they are reasonable in themselves and fair as between local fisher- 

 men 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, reasonableness, and fairness be 

 determined by the United States and Great Britain by common accord and the 

 United States concurs in their enforcement. 



Question 2. Have the inhabitants of the United States, while exercising the 

 liberties referred to in said article, a right to employ as members of the fishing 

 crews of their vessels persons not inhabitants of the United States? 



Question 3. Can the exercise by the inhabitants of the United States of the 

 liberties referred to in the said article be subjected, without the consent of the 

 United States, to the requirements of enti-y or report at customhouses or the 

 payment of light or harbor or other dues, or to any other similar requirement or 

 condition or exaction? 



Question .'/. Under the provision of the said article that the American fisher- 

 men shall be admitted to enter certain bays or harbors for shelter, i-epairs, wood, 

 or water, and for no other purpose whatever, but that they shall be under such 

 restrictions as may be necessary to prevent their taking, drying, or curing fish 

 therein or in any other manner whatever abusing the privileges thereby reserved 

 to them, is it permissible to impose restrictions making the exercise of such 

 privileges conditional upon the payment of light or harbor or other dues, or 

 entering or reporting at customhouses or any similar conditions? 



Question 5. From where must be measured the " three marine miles of any of 

 the coasts, bays, creeks, or harbors" referred to in the said article? 



Question 6. Have the inhabitants of the United States the liberty under the 

 said article or otherwise to take fish in the bays, harbors, and creeks on that 

 part of the southern coast of Newfoundland which extends from Cape Ray to 

 Rameau Islands, or on the western and northern coasts of Newfoundland from 

 Cape Ray to Quirpon Islands, or on the Magdalen Islands? 



Question 7. Are the inhabitants of the United States whose vessels resort to 

 the treaty coasts for the purpose of exercising the liberties referred to in 

 Article I of the treaty of 1S18 entitled to have for those vessels, when duly 

 authorized by the United States in that behalf, the commercial privileges on 

 the treaty coasts accorded by agi-eement or otherwise to United States trading 

 vessels generally? 



The presentation of the contentions, views, and chiinis of the two 

 nations was submitted to the court in printed form before the formal 

 opening, and was of a most ehiborate character. The agent on behalf 

 of the United States prepared for the information of the court six 

 volumes embodying '* The Case of the United States," with two ap- 

 pendixes, " The Counter Case of the United States," with appendix, 



