412 Fortieth Annual Meeting 



behalf of Newfoundland, together with an umpire commis- 

 sioner to be named by the two nations or, in the event of 

 their failure to agree, by the Queen of the Netherlands. 



In accordance with the terms of this part of the award, 

 the court named as the non-national member of the expert 

 commission to pass on the existing fishery laws and regu- 

 lations, Dr. P. P. C. Hoek, scientific fishery adviser of the 

 Dutch Government and an honorary member of the Ameri- 

 can Fisheries Society; and within the time specified the 

 British Government named as its representative Hon. 

 Donald Morison, minister of justice of Newfoundland, and 

 the United States Government nominated Dr. Hugh M. 

 Smith, deputy fish commissioner. 



The principal issue in Question 2 was whether American 

 fishing vessels intending to operate on the treaty coasts 

 might sail from the home port with skeleton crews and 

 then take on board in Canadian or Newfoundland ports 

 enough men to fill out their complement. The award was 

 that inhabitants of the United States, while exercising their 

 liberties under the treaty, have he right to employ, as mem- 

 bers of the fishing crews of their vessels, persons not in- 

 habitants of the United States. 



With regard to Question 3 the court held that an Ameri- 

 can fishing vessel while exercising its rights under the 

 treaty should report at the custom-house if the proper con- 

 veniences for doing so are at hand, but not otherwise, and 

 that the fishing liberty should not be subjected to the purely 

 commercial formalities of report, entry, and clearance at a 

 custom-house, nor to light, harbor, or other dues not im- 

 posed upon Newfoundland fishermen. 



Question 4 is closely related to Question 3, and the 

 award thereunder is the same. That is, American fishing 

 vessels entitled under the treaty to enter certain bays or 

 harbors for shelter, repairs, wood and water, and for no 

 other purpose whatever, are not liable to have the exercise 

 of this privilege made conditional on the payment of light, 

 harbor, or other dues or on the entering at custom-houses. 



