4 TREATY PROVISIONS RELATING TO ARBITRATION. 



the United Slates have or claim to have in the waters or on the shores 

 therein referred to : 



It is agreed that the following questions shall be submitted for 

 decision to a tribunal of arbitration constituted as hereinafter pro- 

 vided : 



Question 1. 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 inhabit- 

 ants of the United States have forever in common with the subjects 

 of His Britannic Ma jesty, is subject, without the consent of the United 

 States, to reasonable regulation by Great Britain, Canada, or New- 

 foundland 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 operations on such coasts; (3) any other matters of a 

 similar character relating to fishing; such regulations being reason- 

 able, as being, for instance — 



(a) Appropriate or necessary for the protection and preserva- 

 tion 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; 



(6) 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 lib- 

 erty 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 exer- 

 cise 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 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 tak- 

 ing 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 protec- 

 tion and preservation of the common rights in such fisheries and 

 the exercise thereof; and 



(b) Unless they are reasonable in themselves and fair as be- 

 tween 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, reasonableness, 

 and fairness be determined by the United States and Great 

 Britain by common accord and the United States concurs in their 

 enforcement. 



Question #. 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 inhabit- 

 ants of the United States? 



