QUESTION FOUR. 



Under the provision of the said article that the American -fishermen 

 shall be admitted to enter certain bays or harbors for shelter, repairs, 

 wood, or water, and for no other purpose whatever, but that they 

 shall be under such restrictions as may be necessary to prevent their 

 taking,, dry ing, or curing fish therein or in any other manner what- 

 ever abusing the privileges thereby reserved to them, is it permissible 

 to impose restrictions making the exercise of such privileges condi- 

 tional upon the payment of light or harbor or other dues, or entering 

 or reporting at custom-houses or any similar conditions? 



SCOPE AND MEANING OF THE QUESTION. 



The position of the United States as to the scope and meaning of 

 this Question is, as stated in its Counter Case : 



No question involving the obligation of American fishing vessels, 

 or the treatment of such vessels, when enjoying commercial privi- 

 leges on the non-treaty coasts, is included in this Question or in any 

 of the other Questions submitted to this Tribunal for decision. In 

 this Question, therefore, as in Question Three, the obligations and 

 treatment of American fishing vessels, when permitted to enjoy gen- 

 eral commercial privileges, must be eliminated from the discussion. 

 As pointed out, in the Case of the United States, the action com- 

 plained of is not the imposition of harbor dues or the requirement of 

 customs entry in respect of American vessels permitted to enjoy 

 commercial privileges on these coasts, but the imposition of such con- 

 ditions and exactions upon fishing vessels exercising their treaty 

 right of entering the bays and harbors on these coasts for the pur- 

 poses specified in the treaty, when at the same time such vessels are 

 not permitted to enjoy commercial privileges. 



As thus pointed out, the latter class of vessels alone is referred to 

 in this Question, and this argument will deal with vessels of that 

 class only. 



The positions taken by the United States with reference to Ques- 

 tion Three except the position founded on the British policy 

 toward the island of Newfoundland apply with added force to this 

 Question. Whereas the fishing vessels on the treaty coasts were 

 U. S. Counter Case, 61. 113 



