ARGUMENT OF MR. ROOT 3 



America, it is agreed between the High Contracting Parties, that the Inhabi- 

 tants of the said United States shall have forever, in common with the Subjects 

 of His Britannic Majesty, the Liberty to take Fish of every kind on that part 

 of the Southern Coast of Newfoundland which extends from Cape Ray to the 

 Rameau Islands, on the Western and Northern Coast of Newfoundland, from 

 the said Cape Ray to the Quirpon Islands, on the shores of the Magdalen 

 Islands, and also on the Coasts, Bays, Harbors, and Creeks from Mount Joly 

 on the Southern Coast of Labrador, to and through the Straits of Belleisle and 

 thence Northwardly indefinitely along the Coast, without prejudice, however, 

 to any of the exclusive Rights of the Hudson Bay Company; and that the 

 American Fishermen shall also have the Uberty forever, to dry and ciu:e Fish 

 in any of the unsettled Bays, Harbors, and Creeks of the Southern part of the 

 Coast of Newfoundland hereabove described, and of the Coast of Labrador 

 but so soon as the same, or any Portion thereof, shall be settled, it shall not be 

 lawful for the said Fishermen to dry or cure Fish at such Portion so settled 

 without previous agreement for such purpose with the Inhabitants, Proprietors, 

 or Possessors of the ground. And the United States hereby renounce forever, 

 any Liberty heretofore enjoyed or claimed by the Inhabitants thereof, to take 

 dry, or cure Fish on, or within three marine Miles of any of the Coasts, Bays, 

 Creeks, or Harbors of His Britannic Majesty's Dominions in America not 

 included within the above mentioned Hmits; provided, however, that the 

 American Fishermen shall be admitted to enter such Bays or Harbors for the 

 purpose of Shelter and of repairing Damages therein, of purchasing Wood, and 

 of obtaining Water, and for no other purpose whatever. But they shall be 

 under such Restrictions as may be necessary to prevent their taking, dr3ang 

 or curing Fish therein, or in any other manner whatever abusing the Privileges 

 hereby reserved to them." 



The question is: 



"Question One 



"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 Qreat 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 -carry- 

 ing 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 the 



