2218 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



categories of persons. It may be that the question has this meaning, 

 but it seems not to be clearly expressed. 



SENATOR ROOT: That may be. Perhaps after ascertaining what 

 doubts arise upon the form of the question in any case, a question 

 might be usefully refrained for the purpose of meeting the doubts. 

 But I do not see how it is possible for you to decide upon anything 

 but the effect of the habitancy or non-inhabitancy upon the right of 

 the employer, for that is all there is in the question, and, as to the 

 incidental effect of the legislation, I do not see how it is possible 

 for you to limit that by going on and deciding a lot of other possible 

 questions, rather than by a safeguarding phrase in your Award 



showing that you do not decide them. 



1341 SIR CHARLES FITZPATRICK : But this question calls for " yes " 

 or " no " for an answer. If we say " yes," what is the result? 



SENATOR ROOT : Of course, it will be competent for you to say that 

 you do not pass upon any question relating to the right of any non- 

 inhabitant to accept employment. 



SIR CHARLES FITZPATRICK : That means that our answer " yes " is 

 not sufficient, but that it must be qualified. 



JUDGE GRAY : It must be qualified in view of the fact that counsel 

 for Great Britain in this case distinctly raised that question, and we 

 cannot avoid qualifying it in order to make it effective if the answer 

 should be one way. 



SENATOR ROOT : If the answer should be " no," then, of course, 

 that excludes the United States from the employment of non-inhab- 

 itants, and these statutes are of no consequence at all. 



THE PRESIDENT: But the difficulty arises if the answer should be 

 "yes," 



DR. DRAGO: I understood Senator Turner to say that in such a 

 ease we would make the reservation that nothing had been decided 

 about this ; but he did not know whether other Counsel for the United 

 States should take the same view. 



THE PRESIDENT: Mr. Root says the same thing now. 



SENATOR ROOT: Yes, my intention was to repeat the suggestion of 

 Senator Turner. 



SIR CHARLES FITZPATRICK : Yes, but that would not meet the diffi- 

 eulty. If it is necessary to make a reservation, is it not because 

 there is something more involved in the question than appears on the 

 surface of it? 



SENATOR ROOT: I should not say so, your Honour. I should say 

 that it is necessary because counsel for Great Britain have insisted 

 that there is something more in it, and it is reasonable to guard 

 against people making your Award the basis of dispute and contro- 

 versy by inferring that you meant to do something more, and did it. 



