77 QUESTION FOUR. 



CUSTOMS ENTRIES AND LIGHT AND HARBOUR DUES IN NON- 

 TREATY WATERS. 



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

 men shall be admitted to enter certain bays or harbours 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, 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 harbour or 

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

 conditions? 



The point that is presented for the determination of the Tribunal 

 under this question is whether American fishermen who enter bays 

 or harbours for shelter, repairs, wood, or water are exempt from the 

 obligation to pay light and harbour dues and from the obligation 

 to enter or report at customs. 



CUSTOMS ENTRY OR REPORT. 



The Counter-Case of the United States appears to proceed upon 

 the footing that inasmuch as the treaty provides thnt the entry into 

 the bay or harbour is to be under such restrictions as may be neces- 

 sary to prevent their taking, drying, or curing fish, or otherwise 

 abusing the privileges reserved to them, no other restriction of any 

 kind can attach. It is submitted that this argument is entirely fal- 

 lacious, and that the mention of restrictions necessary to prevent 

 abuse in no way excludes the imposition of those obligations which 

 ordinarily attach to entry into bays or harbours. Indeed, the obliga- 

 tion to make entiy or report at the customs may be highly necessary 

 for the purpose of preventing the abuse of the privileges by using 

 them for the purposes of smuggling. But, apart from this consid- 

 eration, it is submitted that- the ordinary regulations of the 

 78 bay or harbour in question must attach. Such regulations, 

 indeed, are not in the proper sense of the term restrictions 

 upon right of entry, but are incidental to the exercise of the right. 



The liability to observe reasonable regulations must exist unless 

 there is found in the treaty something which expressly, or by neces- 



67 



