4 CASE OF THE UNITED STATES. 



for shelter, repairs, wood, or water, and for no other purpose what- 

 ever, but that they shall be under such restrictions as may be neces- 

 sary to prevent their taking, drying, or curing fish therein or in any 

 other manner whatever abusing the privileges thereby reserved to 

 them, is it permissible to impose restrictions making the exercise of 

 such privileges conditional upon the payment of light or harbor or 

 other dues, or entering or reporting at custom-houses or any similar 

 conditions ? 



Question 5. From where must be measured the " three marine miles 

 of diiij of the coasts, bays, creeks, or harbors " referred to in the said 

 Article? 



Question 6. Have the inhabitants of the United States the liberty 

 under the said Article or otherwise, to take fish in the bays, harbors, 

 and creeks on that part of the southern coast of Newfoundland which 

 extends from Cape Ra^v' to Rameau Islands, or on the western and 

 northern coasts of Newfoundland from Cape Eay to Quirpon Islands, 

 or on the Magdalen Islands ? 



Question 7. Are the inhabitants of the United States whose vessels 

 resort to the treaty coasts for the purpose of exercising the liberties 

 referred to in Article I of the treaty of 1818 entitled to have for those 

 vessels, when duly authorized by the United States in that behalf, the 

 commercial privileges on the treaty coasts accorded by agreement or 

 otherwise to United States trading vessels generally ? 



Article II. 



Either Party may call the attention of the Tribunal to any legisla- 

 tive or executive act of the other Party, specified within three months 

 of the exchange of notes enforcing this agreement, and which is 

 claimed to be inconsistent with the true interpretation of the treaty of 

 1818; and may call upon the Tribunal to express in its award its 

 opinion upon such acts, and to point out in what respects, if any, they 

 are inconsistent with the principles laid down in the award in reply 

 to the preceding questions ; and each Party agrees to conform to such 

 opinion. 



Article III. 



If any question arises in the arbitration regarding the reasonable- 

 ness of any regulation or otherwise which requires an examination 

 of the practical effect of any provisions in relation to the conditions 

 surrounding the exercise oi the liberty of fishery enjoj^ed by the 

 inhabitants of the United States, or which requires expert informa- 

 tion about the fisheries themselves, the Tribunal may, in that case, 

 refer such question to a commission of three expert specialists in such 

 matters; one to be designated by each of the Parties hereto, and the 

 third, who shall not be a national of either Party, to be designated 

 by the Tribunal. This Commission shall examine into and report 

 their conclusions on any question or questions so referred to it by the 

 Tribunal and such report shall be considered hy the Tribunal and 

 shall, if incorporated by them in the award, be accepted as a part 

 thereof. 



Pending the report of the Commission upon the question or ques- 

 tions so referred and without awaiting such report, the Tribunal may 



