1369 APPENDIX (C). 



Statement of Specific Provisions of certain Legislative and Execu- 

 tive Acts of Newfoundland and Canada called to the attention of 

 the Tribunal ~by the United States for action pursuant to Articles 

 2 and 3 of the special agreement of January 27, 1909. 



I. Pursuant to the provisions of article 2 of the special agreement 

 of the 27th January, 1909, the United States calls the attention of 

 the Tribunal to certain provisions of the Acts specified in the note 

 of the 2nd June, 1909, from the Secretary of State of the United 

 States to the British Ambassador at Washington (United States 

 Counter-Case Appendix, p. 5.), which provisions are claimed by the 

 United States to be inconsistent with the true interpretation of the 

 treaty of 1818, if applied to American fishermen on the treaty 

 coasts, because even under the contention of Great Britain, as set out 

 in Question 1, they are not : 



(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 inhabitants 

 of the United States have therein in common with British subjects; 



(>) 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 

 later class, 



and also because under the contention of the United States as set 

 out in such question they are not : 



(a) Appropriate and necessary for the protection and preservation 

 of the common rights in such fisheries and the exercise thereof; and 



(5) Reasonable in themselves and fair as between local fishermen 

 and fishermen coming from the United States, and so framed as not 

 to give an advantage to the former over the latter class. 



The specific provisions herein called to the attention of the Tribunal 

 are set out in the First and Second Schedules hereto annexed. 



II. Pursuant to article 2 of the special agreement of the 27th 

 January, 1909, the United States calls upon the Tribunal to express 

 in its award its opinion upon the aforesaid provisions so specified and 

 called to its attention, and to point out in what respects they are in- 

 consistent with the principles laid down in the Award in reply to 

 Question 1. 



III. If the Award of the Tribunal be in favour of the British con- 

 tention as stated in Question 1, the United States will ask that the 

 Tribunal refer to a commission of expert specialists for a report 

 thereon, in accordance with article 3 of the special agreement afore- 

 said, such of the specific provisions set forth in the First and Second 

 Schedules as require an examination of the practical effect thereof 

 in relation to the conditions surrounding the exercise of the liberty of 



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