INTRODUCTION Iv 



"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 (i) 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 — 



"(o) Appropriate or necessary for the protection and preservation of such fish- 

 eries 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 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 (i) the hours, 

 days, or seasons when the inhabitants 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 necessary and appropriate for the protection and preserva- 

 tion 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 advan- 

 tage to the former over the latter class; and 



"(c) Unless their appropriateness, necessity, reasonableness, and fairness be de- 

 termined by the United States and Great Britain by common accord and the United 

 States concurs in their enforcement."' 



It will be noted that the question is limited to the time and manner 

 of fishing within Newfoimdland waters and that the Uberty of the United 

 States to dry and cure fish taken within Newfoimdland waters was not 

 involved. The clause "hours, days, or seasons, when fish may be 

 taken" may briefly be spoken of as the time, and "the method, means 

 and implements" used in taking or in carrying on the fishing opera- 

 tions may be summarized in the simple expression of manner of taking 

 fish. 



There is indeed a third subdivision, which, in view of the subject- 



^ Appendix, p. 483; Appendix, U. S., Case p. 3; Appendix, British Case, p. 1. Appendix, 

 V. S. Case, pp. 3, 4; British Case, p. i. 



