19 QUESTION ONE. 



EIGHT OF REGULATION. 

 THE QUESTION. 



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, refewed to in the said article, which the 

 inhabitants of the United States have for ever 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, 

 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 reasonable, as being, for instance 



(.) 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; 



(b.} 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 

 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 inspect 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 taking 

 fish or in carrying on fishing operations on such coasts, or 



20 (3} any other limitations or restraints of similar character 

 (a.) Unl(&s they are appropriate and necessary for the pro- 

 tection and preservation of the common rights in such fisheries and 

 the exercise thereof; and 



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

 local fishermen and fishermen coming from the United States, and 



17 



