66 QUESTION THREE. 



But the question under discussion is not asked with particular ref- 

 erence to the Newfoundland legislation now in force. The only issue 

 raised is whether the dues referred to in the question may be imposed 

 on the inhabitants of the United States without the consent of the 

 United States, not whether they may be imposed without levying 

 similar dues on British fishermen. Even if such dues can be imposed 

 only on condition that similar dues are levied on British fishermen, 



the answer to the question must still be in the affirmative. 

 76 Canada has adopted the policy of those countries that make 



no charge to foreign ships in respect of expenditure upon the 

 improvement of the facilities for coast navigation, finding sufficient 

 recompense in reciprocal abstention. Newfoundland is not in a 

 position to profit by the expenditure of other nations, and deems it 

 fair, therefore, to seek contribution from those who profit by her 

 expenditure. 



Although thus at the present moment occupying different posi- 

 tions, both Canada and Newfoundland are alike interested in the 

 judicial determination of the question put to the Tribunal. 



CONCLUSION. 



It is submitted that entry and report under the customs-laws and 

 payment of ligl t dues may properly be required from the inhabitants 

 of the United States exercising their treaty rights to fish, and that in 

 the exercise of the liberties referred to in article 1 of the treaty of 

 1818 they are subject, without the consent of the United States, to 

 obligations imposed in these respects. 



