Democratic messenger. [volume] (Snow Hill, Md.) 1869-1973, 1910-09-10
ENGLAND WINS
HER MAIN POINTS
New Foundlard Fisheries Case
Settled by Hague Court
AMERICA WINS FIVE POINTS
Ruling viii Keep New England Fish
ermen Out OF Canadian eays--colo
mics May Adopt Laws Affecting
Treaty Rights.

Treaty Rights.
The international court OF arbItra
ton ut The Hague has rendered its
decision in the Newfoundland fisheries
case submitted by the United States
and Great Britain, but which involved
the local governments OF Canada and
Newfoundland.
Neither country wins clear.cvt
award.
The general issue was presented In
the form OF seven questions or points.
On these the tribunal supports the
United States in Ave and Great Bri.
tain in the other two.
The British consider the points de.
clded in their favor. Nos. | and ). as
of the highest importance. and 1t Is
understood that the colonial Office is
satisfied with the outcome.
On No. /. however. the United States
has raised certain questions of equity,
which will be submitted TO a special
commission.
II is also significant that the court
was unanimous on all questions ex.
cept the fifth. and from the decision
OF this Luis Drago. member from the
Argentine Republic. gave a dissenting
opinion largely supporting the Ameri.
can contentious.
On all others of the main questions
the tribunal sustains the principal con
tentions OF America. The court finds
that the claims OF Great Britain to n
right to prohibit American vessels
from employing foreigners. and to i'm.
pose light harbor customs and other
duties are unauthorized by the treaty
of 1878
The tribunal finds that the regula.
ton Of the manner. time and imple'
ments OF fishing which Great Britain
or Newfoundland cnforces must be
reasonable and appropriate. but Great
Britain cannot be the sole Judge OF
their reasonableness.
In case of disagreement the question
must be determined by an impartial
tribunal like The Hague. or a special
commission.
On question six. which presented
the claim OF Great Britain TO exclude
fishermen from the bays and harhors
on the treaty coasts OF Newfoundland
and the Magdalen islands. the tribu,
nal declares. without qualification. In
favor of America.
Dealing with question five. which
was decided adversely to the United
States. the court followed the strici
letter OF the British.American treaty,
whereby America renowned the right
to fish in any bays on non-treaty
coasts.
The court holds that this renuncia.
ton applied TO all bays. irrespective
OF their size instead of 10 small bays
only. as was contended by the Amcri
cans. The arbitrators were not unani.
nous on this question.
Regarding point one. on which the
American counsel have raised ques
tions of equity. the tribunal holds that
the right of Great Britain TO make
fishing regulations without the consent
OF America Is inherent in her sover.
eighty.
But in the exercise of the right "a
make limited regulations these must
not violate the treaty of 1918 or be
so framed as to give the local fisher.
men an advantage over the Ameri.
cans.
The provisions OF the award apply
not only to future legislation by the
imperial government and the colonies
but require that the existing statutes
and regulations. to which the Amerl-
cans have objected. be submitted 10 a
commission which shall Judge of Their
reasonableness necessity and fairness
in the light of the principles laid down
by the tribunal.
In connection with It's decision that
the reasonableness OF the fishing regu.
lations must he determined through
expert information the tribunal directs
the appointment OF commission OF
specialists. calls upon America and
Great Britain TO designate their com.
missioners within month. and ap-
points as a third commissioner DR..
Hook. scientific adviser OF fisheries Of
the Netherlands.