376 NEW ENGLAND FISHERIES 



said Article I the inhabitants of the United States have 

 therein in common with British subjects; 



(6) Desirable on grounds of public order and morals; 



(c) Equitable and fair as between local fishermen and 

 the inhabitants of the United States exercising the said 

 treaty liberty and not so framed as to give unfairly an 

 advantage to the former over the latter class. 



It is contended on the part of the United States that 

 the exercise of such liberty is not subject to limitations or 

 restraints by Great Britain, Canada, or Newfoundland in 

 the form of municipal laws, ordinances, or regulations in 

 respect of (1) the hours, days, or seasons when the inhab- 

 itants of the United States may take fish on the treaty 

 coasts, or (2) the method, means, and implements used by 

 them in taking fish or in carrying on fishing operations on 

 such coasts, or (3) any other limitations or restraints of 

 similar character 



(a) Unless they are appropriate and necessary for the 

 protection and preservation of the common rights in such 

 fisheries and the exercise thereof ; and 



(6) Unless they are reasonable in themselves and fair as 

 between local fishermen and fishermen coming from the 

 United States, and not so framed as to give an advantage 

 to the former over the latter class; and 



(c) Unless their appropriateness, necessity, reasonable- 

 ness, and fairness be determined by the United States and 

 Great Britain by common accord and the United States 

 concurs in their enforcement. 



Question 2. 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? 



