2 APPENDIX TO BRITISH CASE. 



other manner whatever abusing the privileges hereby reserved to 

 them. 



And, whereas, differences have arisen as to the scope and meaning 

 of the said article, and of the liberties therein referred to, and other- 

 wise in respect of the rights and liberties which the inhabitants of 

 the United States 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 

 provided : 



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 inhab- 

 itants 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 carry- 

 ing 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 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 inhabit- 

 ants of the United States have therein in common with British 



subjects; 

 2 (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 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 the protection 

 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 

 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 exer- 

 cising the liberties referred to in said article, a right to employ as 



