20 COMMISSION OF CONSERVATION 



recently been lamented by his vast empire, and under the presidency of 

 the illustrious statesman who inaugurated procedure by the Arbitration 

 Tribunal in the 'Pious Fund' case." 



Th A d ^'^ September 7, 1910, the award of the Arbitrators was 



rendered. The text is as follows: 



QUESTION I 



To what extent are the following contentions or either of them 

 justified? 



It is contended on the part of Great Britain that the exercise of the 

 liberty to take fish referred to in the said Article, which the inhabitants 

 of the United States have forever in common with the subjects of His 

 Britannic Majesty, is subject, without the consent of the United States, 

 to reasonable regulation by Great Britain, Canada, or Newfoundland in 

 the form of municipal laws, ordinances, or rules, as, for example, to 

 regulations 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 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 libertj' which by the 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 inhabit- 

 ants of the Uiuted 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 Ujaited 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 inhabit- 

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

 methods, means and implements used by 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 



