EEPORT OF THE AGENT OF THE UNITED STATES. 21 



title them, provided the treaty liberty of fishing and the commercial 

 privileges are not exercised concurrently. 



The provisions of Articles II and III of the special agreement and 

 the proceedings already taken and to be taken pursuant thereto, form 

 an important part of the award on question 1, and require brief 

 examination. 



Pursuant to the provisions of Article II of the special agreement, 

 the United States called the attention of the tribunal upon the oral 

 argument to certain acts of Newfoundland and Canada which had 

 already been specified by the United States to Great Britain within 

 the period required for such specification, and called upon the tri- 

 bunal "to express in its award its opinion upon such acts, and to 

 point out in what respects, if any, they were inconsistent with the 

 principles laid down in the award." The objection of the United 

 States to such acts was based on the grounds that in their applica- 

 tion to American fishermen on the treaty coasts they were not appro- 

 priate, and necessary, and reasonable, and fair as defined in question 1. 



The United States further requested that, in case the character of 

 the award should require the determination of the reasonableness, etc., 

 of the acts specified, the tribunal should refer to a commission of 

 expert specialists for action thereon, in accordance with Article III 

 of the special agreement, such of the acts specified as required an 

 examination of the practical effect thereof in relation to the condi- 

 tions surrounding the exercise of the liberty of fishing, or required 

 expert information about the fisheries themselves. In reply to this 

 application on the part of the United States, Great Britain filed an 

 answer submitting that the acts referred to were reasonable in them- 

 selves and that the United States had not sufficiently stated the 

 grounds of objection to the various acts referred to, and had laid no 

 ground for the request that certain of these acts should be referred 

 to a commission of expert specialists. The proceedings thus taken 

 Avere set forth in a printed statement on behalf of the United States, 

 and a printed answer on behalf of Great Britain, both of which were 

 filed with the tribunal, and copies of which are included in the appen- 

 dix to the printed record of the proceedings of the tribunal, which 

 forms part of this report. The issues thus raised were discussed in 

 written communications exchanged between the agents of both parties 

 and the tribunal, copies of which also are included in the appendix 

 to the printed record of the proceedings of the tribunal. 



The position taken by the United States was sustained by the 

 award of the tribunal under question 1, whereby it was held that — 



The decision of the reasonableness of these regulations requires 

 expert information about the fisheries themselves, and an examination 

 of the practical effect of a great number of these provisions in rela- 

 tion to the conditions surrounding the exercise of the liberty of fishery 

 enjoyed by the inhabitants of the United States as contemplated in 

 Article III. 



