2368 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



that time, however, the proceeding? taken by the United States 

 under article 2 of the treaty had not gone beyond the point of specify- 

 ing to the opposite Party certain legislative and executive acts, which 

 under article 2 was required to be done within three months of the 

 exchange of notes enforcing the special agreement, in order that the 

 acts so specified might subsequently, if the United States so desired, 

 be called to the attention of the Tribunal for further action, as pro- 

 vided for in article 2. 



Nevertheless, as the United States intended to do what the Tri- 

 bunal supposed to have been already done, viz., to call the attention 

 of the Tribunal to certain acts of the other Party which had been 

 specified within three months of the exchange of notes enforcing the 

 agreement, it was not deemed important to take note of the misap- 

 prehension on the part of the Tnbunal, and the United States pro- 

 ceeded on the 26th of July to call the attention of the Tribunal to cer- 

 tain acts, pursuant to article 2 of the special agreement; and, further, 

 in compliance with the suggestion of the Tribunal already referred 

 to, in order to facilitate its work and expedite the final disposition 

 of the Case, the United States supplied the Tribunal with a detailed 

 statement thereof, accompanied by an exposition of the grounds of 

 its objections thereto. 



By reference to this statement it will appear that the grounds 

 assigned by the United States for objecting to the specific regula- 

 tions referred to were set forth as follows : 



" I. Pursuant to the provisions of Article II of the Special Agreement of 

 January 27, 1909, the United States calls the attention of the Tribunal to cer- 

 tain provisions of the acts specified in the note of June 2, 1909, from the Secre- 

 tary 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 One, tlu-y 

 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 I the inhabitants of the United States have 

 therein in common with British subjects; 



"(6.) Desirable on grounds of public order and morals; 



"(c.) Equitable and fair as between local fishermen and the inhabitants of 

 the United States exercising the said treaty liberty and not so framed as to 

 give unfairly an advantage lo the former over the latter class, 

 " and also because under the contention of the United States as set out in such 



Question they are not : 



1428 "(a.) Appropriate and necessary for the protection and preservation 

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



"(6.) 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." 



The second and third paragraphs of the statement submitted by the 

 United States were as follows: 



" II. Pursuant to Article II of the Special Agreement of January 27, 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 inconsistent with the principles laid down in the 

 award In reply to Question One." 



" III. If the award of the Tribunal be in favor of the British contention as 

 stated in Question One, the United States will ask that the Tribunal refer to a 



