THE CASE OF GREAT BRITAIN. 



THE CASE PRESENTED ON THE PART or THE GOVERNMENT or His 

 BRITANNIC MAJESTY TO THE TRIBUNAL CONSTITUTED UNDER AN 

 AGREEMENT SIGNED AT WASHINGTON ON THE 27TH DAY or JANUARY, 

 1909, BETWEEN His BRITANNIC MAJESTY AND THE UNITED STATES 

 OF AMERICA. 



THE SUBMISSION. 



On the 27th day of January, 1909, an agreement was concluded 

 between Great Britain and the United States in order to provide for 

 a decision of certain differences which have arisen between them as 

 to the scope and meaning of article one of the treaty signed at London 

 on the 20th day of October, 1818, relating to the British North 

 American fisheries, and of the liberties referred to in the said article, 

 and otherwise in respect of the rights and liberties which the in- 

 habitants of the United States have or claim to have in the waters or 

 on the shores therein referred to. 



The first article of the agreement provides that the following ques- 

 tions shall be submitted for decision to a Tribunal of Arbitration 

 constituted as thereinafter specified (App., p. 1.). 



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 in- 

 habitants 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, 

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

 hours, days, or seasons which 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 reasonable 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 1 the inhabitants 

 of the United States have therein in common with British subjects; 



(>.) Desirable on grounds of public order and morals; 



(c.) Equitable and fair as between local fishermen and the in- 

 habitants of the United States exercising the said treaty liberty and 



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