88 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



G. The form of convocation of the Commission including the terms of 

 reference of the question at issue shall be as follows: — 



" The provision hereinafter fully set forth of an Act dated , pub- 



lished in the , has been notified to the Government of Great Britain 



by the Government of the United States, under date of , as provided 



by the Award of The Hague Tribunal of September 7th, 1910, 



" Pursuant to the provisions of that Award the Government of Great 

 Britain hereby convokes the Permanent Mixed Fishery Commission for 

 /^T ^"f"°''^^^ — — . composed of Commissioner for the United States of 



(NewfouncUand) 



America, and of Commissioner for- , ^ (Canad a) — which shall meet 



(Ne"wioundlaiid) 



at , and render a decision within one month as to whether the 



provision so notified is reasonable and consistent with the treaty of 1818, 

 as interpreted by the Award of The Hague Tribunal of September 7th, 

 1910, and if not, in what respect it is unreasonable and inconsistent 

 therewith. 



" Failing an agreement on this question within one month the Com- 

 mission shall so notify the Government of Great Britain in order that the 

 further action required by that Award may be taken for the decision of 

 the above question. 



" The provision is as follows: 



7. The unanimous decision of the two national Commissioners, or the 

 majority decision of the Umpire and one Commissioner, shall be final and 

 binding. 



Question II. 



Have the inhabitants of the United States, while exercising the 

 liberties referred to in said article, a right to employ as members of 

 the fishing crews of their vessels persons not inhabitants of the 

 United States? 



In regard to this question the United States claim in substance : 



1. That the liberty assured to their inhabitants by the treaty 

 plainly includes the right to use all the means customary or appro- 

 priate for fishing upon the sea, not only ships and nets and boats, but 



crews to handle the ships and the nets and the boats ; 

 119 2. That no right to control or limit the means which these 



inhabitants shall use in fishing can be admitted unless it is 

 provided in the terms of the treaty and no right to question the 

 nationality or inhabitancy of the crews employed is contained in the 

 terms of the treaty. 



And Great Britain claims: 



1. That the treaty confers the liberty to inhabitants of the United 

 States exclusively; 



2. That the Governments of Great Britain, Canada or Newfound- 

 land may, without infraction of the treaty, prohibit persons from 

 engaging as fishermen in American vessels. 



Now considering (1) that the liberty to take fish is an economic 

 right attributed by the treaty; (2) that it is attributed to inhabitants 

 of the United States, without any mention of their nationality; (3) 

 that the exercise of an economic right includes the right to employ 



