QUESTION ONE. 



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 Majesty, 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 simi- 

 lar 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 tlie 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; 



(b) Desirable on grounds of public order and morals; 



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

 ants 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 seasons 

 when the inhabitants of the United States may take fish on the treaty 

 coasts, or (#) 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 



(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. 



The contentions of the Parties. 



Before taking up for consideration the evidence presented in the 

 British Case with reference to Question I, it is desirable to ascertain 

 the exact difference between the two Governments on this Question, 



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