12 COMMISSION OF CONSERVATION 



tions in respect of (1) the hours, days, or seasons when fish may be taken 

 on the treaty coasts; (2) the method, means, and implements to be used 

 in the taking of fish or in the carrying on of fishing operations on such 

 coasts; (3) any other matters of a similar character relating to fishing; 

 such regulations being reasonable, as being, for instance — 



(a) Appropriate or necessary for the protection and preservation of 

 such fisheries and the exercise of the rights of British subjects therein 

 and of the liberty which by the said Article I the inhabitants of the 

 United States have therein in common with British subjects; 



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



(c) Equitable and fair as between local fishermen and the inhabit- 

 ants 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 CTreat Britain, 

 Canada, or Newfoundland in the form of municipal laws, ordinances, or 

 regulations in respect of (1) the hours, da.ys, or seasons when the inhabit- 

 ants of the United States may take lish on the treaty coasts, or (2) the 

 method, means, and implements used b.v them in taking fish or in carry- 

 ing 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 



(b) 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, reasonableness, and fair- 

 ness 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 exer- 

 cising the liberties referred to in said article, a right to employ as mem- 

 bers of the fishing crews of their vessels persons not inhabitants of the 

 United States? 



Question 3. Can the exercise by the inhabitants of the United 

 States of the liberties referred to in the said article be subjected, with- 

 out the consent of the United States, to the requirements of entry or 

 report at custom-houses or the payment of light or harbour or other 

 dues, or to any other similar requirement or condition or exaction? 



Question 4. Under the provision of the said article that the Am 

 erican fishermen shall be admitted to enter certain bays or harbours 



