484 APPENDIX 



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 — 



(a) Appropriate or necessary for the protection and preservation of such fisheries 

 and the exercise of the rights of British subjects therein and of the liberty v/hich by 

 the said Article I the inhabitants of the United States have therein in common with 

 British subjects; 



(6) 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 xmfairly 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 hmitations or restraints 

 of similar character — , 



(a) Unless they are appropriate and necessary for the protection and preserva- 

 tion of the common rights in such fisheries and the exercise thereof; and 



(6) 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 deter- 

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

 States concurs in their enforcement. 



Question 2. Have the inhabitants of the United States, while exercising the liberties 

 referred to in said Article, a right to employ as members of the fishing crews of their 

 vessels persons not inhabitants of the United States ? 



Question 3. Can the exercise by the inhabitants of the United States of the liber- 

 ties referred to in the said Article be subjected, without the consent of the United 

 States, to the requirements of entry or report at custom-houses or the payment of 

 light or harbor or other dues, or to any other similar requirement or condition or 

 exaction ? 



Question 4. Under the provision of the said Article that the American fishermen 

 shall be admitted to enter certain bays or harbors for shelter, repairs, wood, or water, 

 and for no other purpose whatever, but that they shall be under such restrictions as 

 may be necessary to prevent their taking, drying, or curing fish therein or in any other 

 manner whatever abusing the privileges thereby reserved to them, is it permissible 

 to impose restrictions making the exercise of such privileges conditional upon the pay- 

 ment of light or harbor or other dues, or entering or reporting at custom-houses or 

 any similar conditions ? 



Question 5. From where must be measured the "three marine miles of any of the 

 coasts, bays, creeks, or harbors" referred to in the said Article? 



Question 6. Have the inhabitants of the United States the liberty under the said 

 Article or otherwise, to take fish in the bays, harbors, and creeks on that part of the 

 southern coast of Newfoundland which extends from Cape Ray to Rameau Islands, 



