ARGUMENT OF MR. ROOT 119 



"Article VI. No restriction shall be established regarding the nationality 

 of persons employed by Japanese subjects in iishing or in the preparation, etc. 



"Article VII. With regard to the mode of preparation of fish and aquatic 

 products, the Imperial Russian Government agrees not to impose on Japanese 

 subjects any special restrictions from which Russian subjects are exempt, etc. 



"Article IX. Japanese and Russian subjects who have acquired fishing 

 tracts in the regions specified in Article I of the present convention shaU be 

 placed on a footing of equality with regard to the laws, regulations, and ordi- 

 nances at present in force or which may be enacted in future concerning fish 

 culture and the protection of fish and aquatic products, the supervision of 

 the industry connected therewith, and any other matter relating to fisheries. 



"The Japanese Government shaU be notified of newly enacted laws and 

 regulations at least six months before their enforcement. 



"With regard to newly enacted ordinances, notice shall be given thereof 

 to the Japanese consul at Vladivostok at least two months before they go 

 into effect. 



"Article X. With regard to matters not specially designated in the pres- 

 ent convention, but which relate to the fishing industry in the regions specified 

 in Article I of the said convention, Japanese subjects shall be treated on the 

 same footing as Russian subjects who have acquired fishing tracts in the 

 aforementioned regions.'' 



That is an example of rights of fishing in common, and a recog- 

 nition of both sides of the common right. They are to be expressly 

 subject to the laws and regulations, and they are to be expressly 

 entitled to all the privileges and opportunities of Russian subjects. 



If the Tribunal should be of the opinion that the British con- 

 tention is correct, I submit that the logical and necesary conse- 

 quence of their contention as to the legal effect of making this 

 fishing in common is that it carries common opportunity as well as 

 common liability; and the restrictions and exclusions and differ- 

 entiations between the exercise of a common right by Newfound- 

 landers and inhabitants of the United States must be wiped out. 

 You cannot have one without having the other. 



I now pass to the alleged implication of a right to restrict or 

 modify the exercise of this grant by analogy to the grants of trade 

 and travel rights in treaties generally; and shall seek to fulfill my 

 promise upon the question asked by the President of the Tribunal 

 this morning upon that subject. 



From what does the idea arise that trade and travel rights 

 granted by treaty to a foreign country for the benefit of its citizens 



