QUESTION FOUR. 63 



be necessary to prevent their taking, drying, or curing fish therein, 

 or in any other manner whatever abusing the privileges hereby 

 reserved to them." This was an express declaration of the condi- 

 tions under which American fishermen "shall be admitted to enter 

 such bays or harbors." No other conditions are specified in the 

 treaty, or implied by its language; and this Question deals only 

 with the restrictions thus expressly provided for in the treaty. 

 The Question excludes all other considerations, and asks merely 

 whether the provision, that American fishermen entering certain 

 bays for the four purposes specified " shall be under such restric- 

 tions 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", authorizes the imposition of 

 " restrictions making the exercise of such privileges conditional upon 

 the payment of light or harbor or other dues, or entering or report- 

 ing at custom-houses, or any similar conditions." 



It will be observed that the treaty permits only such restrictions 

 as will prevent American fishermen from " taking, drying, or curing 

 fish " in such waters, " or in any other manner whatever abusing 

 the privileges hereby reserved to them," the enjoyment of which is 

 secured unconditionally by the treaty, so that only such restrictions 

 as are necessary for preventing their abuse can be imposed. 



Light and harbor dues. 



The imposition of light-house or harbor dues certainly can afford 

 no safeguard against taking, drying, or curing fish in those waters, or 

 otherwise abusing the privileges of shelter, repairing damages, pur- 

 chasing wood and obtaining water which are guaranteed by the 

 treaty; and a requirement that American vessels pay such dues, there- 

 fore, would in effect impose upon the enjoyment of the treaty privi- 

 leges a restriction which is not contemplated by the treaty, and would 

 be objectionable for that reason. 



Customs requirements. 



Restrictions requiring entering or reporting at custom-houses, 

 as a condition of enjoying any of the four privileges reserved 

 by the treaty, would also be objectionable. The provision of the 

 treaty authorizing the imposition of restrictions must be interpreted 



