QUESTION THREE. 59 



coast of Newfoundland, and seven on the Labrador coast, twenty- 

 seven in all, of which seven are maintained by the Canadian Gov- 

 ernment for the benefit of the Trans-Atlantic steamship service. 

 Of the twenty lights maintained by Newfoundland, thirteen have 

 been established within the last ten years and five of these during 

 the year 1909. On the non-treaty coast of Newfoundland, which is 

 considerably less in extent than the treaty coasts, there are not loss 

 than seventy-seven light-houses." In this connection it will be noted 

 that, as stated in the British Case 



In England, prior to the Merchant Shipping (Mercantile Marine 

 Fund) Act, 1898, the light dues were levied in respect of each light 

 which the vessel passed on her journey, that is, each light from which 

 the vessel might derive benefit. 6 



Sir Edward Grey also admitted in his memorandum of February 

 2, 1906 that 



The United States Government would undoubtedly be entitled 

 to complain if the fishery of inhabitants of the United States were 

 seriously interfered with by a vexatious and arbitrary enforcement of 

 the colonial customs laws, etc. 



The real question at issue. 



The United States certainly concurs in the views expressed by 

 Sir Edward Grey in the extracts above quoted; but, irrespective 

 of whether or not the colonial customs laws are vexatious and arbi- 

 trary, and whether or not light and harbor dues are imposed on 

 local fishing vessels, it is not admitted on the part of the United 

 States that the exercise by the inhabitants of the United States of 

 their treaty liberty of fishing may be subjected, in the language of 

 this Question " without the consent of the United States, to the 

 requirements of entry or report at custom-houses or the payment of 

 light or harbor or other dues, or to any other similar requirement or 

 condition or exaction." 



The position of the United States on the issues presented by this 

 Question is fully stated by Mr. Root in his reply of July 20, 1906, 

 to Sir Edward Grey's memorandum of February 2, 1906, as follows : 



The Government of Newfoundland cannot be permitted to make 

 entry and clearance at a Newfoundland custom-house and the pay- 

 ment of a tax for the support of Newfoundland lighthouses condi- 

 tions to the exercise of the American right of fishing. If it be 

 shown that these things are reasonable the Government of the United 



U. S. Counter-Case Appendix, p. 608. 6 British Case, p. 71. 



"British Case, p. 61. 



