2 CASE OF GKEAT BRITAIN. 



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 respect of (1) the hours, days, or sea- 

 sons 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 taking 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 tbe protection 

 and preservation of the common rights in such fisheries and the exer- 

 cise thereof; and 



(b.) Unless they are reasonable in themselves and fair as between 

 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 2. Have the inhabitants of the United States, while ex- 

 ercising 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 entry 

 or report at customhouses, or the payment of light, or harbour, or 

 other dues, or to any other similar requirement, or condition, or 



exaction ? 



3 Question 4. Under the provision of the said article that the 



American fishermen shall be admitted to enter certain bays or 

 harbours for shelter, repairs, wood, or water, and for no other pur- 

 pose 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 harbour or other dues, or entering or reporting at custom 

 houses, or any similar conditions? 



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

 miles of any of the coasts, bays, creeks, or harbours " 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, harbours, 

 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 ves- 

 sels resort to the treaty coasts for the purpose of exercising the 

 liberties referred to in article 1 of the treaty of 1818 entitled to have 

 for those vessels, when duly authorised by the United States in that 



