358 FISHERIES ARBITRATION AT THE HAGUE 



questions, rather than by a safeguarding phrase in your award 

 showing that you do not decide them. 



Sir Charles Fitzpatrick: But this question calls for "yes" 

 or "no " for an answer. If we say "yes," what is the result ? 



Senator Root: Of course, it will be competent for you to say 

 that you do not pass upon any question relating to the right of any 

 non-inhabitant to accept employment. 



Sir Charles Fitzpatrick: That means that our answer "yes" 

 is not sufi&cient, but that it must be quahfied. 



Judge Gray: It must be quahfied in view of the fact that 

 counsel for Great Britain in this case distinctly raised that question, 

 and we cannot avoid qualifying it in order to make it effective if 

 the answer should be one way. 



Senator Root: If the answer should be "no," then, of course, 

 that excludes the United States from the employment of non- 

 inhabitants, and these statutes are of no consequence at all. 



The President : But the difl&culty arises if the answer should 

 be "yes." 



Dr. Drago: I understood Senator Turner to say that in such 

 a case we would make the reservation that nothing had been 

 decided about this. 



The President: Mr. Root says the same thing now. 



Senator Root : Yes, my intention was to repeat the suggestion 

 of Senator Turner. 



Sir Charles Fitzpatrick: Yes, but that would not meet the 

 difficulty. If it is necessary to make a reservation, is it not because 

 there is something more involved in the question than appears on 

 the surface of it ? 



Senator Root: I should not say so, your Honor. I should say 

 that it is necessary because counsel for Great Britain have insisted 

 that there is something more in it, and it is reasonable to guard 

 against people making your award the basis of dispute and con- 



