Page images
PDF
EPUB

THE CASE OF GREAT BRITAIN.

THE CASE PRESENTED ON THE PART OF THE GOVERNMENT OF HIS BRITANNIC MAJESTY TO THE TRIBUNAL CONSTITUTED UNDER AN AGREEMENT SIGNED AT WASHINGTON ON THE 27TH DAY OF JANUARY, 1909, BETWEEN HIS BRITANNIC MAJESTY AND THE UNITED STATES OF AMERICA.

THE SUBMISSION.

On the 27th day of January, 1909, an agreement was concluded between Great Britain and the United States in order to provide for a decision of certain differences which have arisen between them as to the scope and meaning of article one of the treaty signed at London on the 20th day of October, 1818, relating to the British North American fisheries, and of the liberties referred to in the said article, and otherwise in respect of the rights and liberties which the inhabitants of the United States have or claim to have in the waters or on the shores therein referred to.

The first article of the agreement provides that the following questions shall be submitted for decision to a Tribunal of Arbitration constituted as thereinafter specified (App., p. 1.).

Question 1.-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 Great Britain, Canada,

or Newfoundland in the form of municipal laws, ordinances, 2 or rules, as, for example, to regulations in respect of (1) the

hours, days, or seasons which 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 which by the said article 1 the inhabitants of the United States have therein in common with British subjects; (b.) 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

« PreviousContinue »