14 FISHERIES ARBITRATION AT THE HAGUE 



overstep 'the line of competency, where are they to find the Hne of 

 competency, what rule are they to apply? 



If you were to find, as I hope you will, that it is competent for 

 Great Britain to make police regulations to control the conduct 

 of persons within this territory, although it is not competent for 

 her to modify our right, or the rights which Americans go there 

 to exercise, nevertheless there must always be a question, what is 

 a police regulation ? We have had a good illustration here, in this 

 subject of net interference. That was referred to in some one of 

 the American printed papers as not being a police regulation. Mr. 

 Turner stated in his opening argument for the United States that 

 he thought it was. Sir Robert Finlay said he thought it was. I 

 agree with both of them that it is a poHce regulation; but suppose 

 a fisherman in Newfoundland had been of the opinion that that 

 was not a police regulation, it was not his business to determine 

 his conduct according to his view: that is a matter the govern- 

 ment must consider: "Is it a police regulation?" 



And so, wherever the line is drawn, the question as to which 

 side of the line statutes fall must be raised, not by individuals, but 

 by the government whose rights may be or are alleged to be 

 affected., 



The President: May I ask, Mr. Senator Root, would there 

 be any difference in the decision of the question whether the laws 

 have been overstepped in regard to this treaty, or in regard to any 

 other treaty ? Is this treaty in a peculiar situation or of a peculiar 

 character in this respect ? 



Senator Root: I think, Mr. President, it belongs to a special 

 class of treaties, and the considerations regarding it must proceed 

 upon somewhat different principles from the treaties of any other 

 class; and assigning to this treaty its proper place in the class to 

 which I think it belongs will be the function of another portion of 

 my argimaent. 



Let me state what I think is the question involved in the 

 drawing of this Une. 



Granted that all laws of a general character, controlling the 

 conduct of men within the territory of Great Britain, are effective, 

 binding, and, beyond objection by the United States, competent 



