NORTH ATLANTIC FISHERIES DISPUTE 37 



of September 7th, 1910, and if not, in what respect it is unreasonable 

 and inconsistent therewith. 



"Failing an agreement on this question within one month the 

 Commission shall so notify the Government of Great Britain in or 

 that the further action required by that award may be taken for the 

 decision of the above question. 



"The provision is as follows: 



7 



The unanimous decision of the two national Commissioners, or the 

 majority decision of the Umpire and one Commissioner, shall be final 

 and binding." 



QUESTION II. 



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? 



In regard to this que.stion the United States claim in substance : 



1. That the liberty assured to their inhabitants by the Treaty plainly 



includes the right to use all the means customary or appropriate 

 for fishing upon the sea, not only ships and nets and boats, but 

 crews to handle the ships and the nets and boats ; 



2. That 110 right to control or limit the means which these inhabit- 



ants shall use in fishing can be admitted unless it is provided 

 in the terms of the Treaty and no right to question the nation- 

 ality or inhabitancy of the crews employed is contained in the 

 terms of the Treaty. 

 And Great Britain claims: 



1. That the Treaty confers the liberty to inhabitants of the United 



States exclusively ; 



2. That the Governments of Great Britain, Canada or Newfoundland 



may, without infraction of the Treaty, prohibit persons from 

 engaging as fishermen in American vessels. 

 Now considering (1) that the liberty to take fish is an economic right 

 attributed by the Treaty; (2) that it is attributed to inhabitants of the 

 United States, without any mention of their nationality; (3) that the 

 exercise of an economic right includes the right to employ servants; (4) 

 that the right of employing servants has not been limited by the Treaty 

 to the employment of persons of a distinct nationality or inhabitancy; 

 f5) that the liberty to take fish as an economic liberty refers not only to 

 the individuals doing the manual act of fishing, but also to those for 

 whose profit the fish are taken. 



