The Hattiesburg news., 1910-05-16
FISHERIES CASE
TO Be SETTLED
Arguments In Famous NeMoundIan
Dispute Were Formally Exchanged
Between Two Governments.
(sy Union Associated Press

Washington, May 16.-Arguments
were formally exchanged today be-
tween the American and British gov.
ernments, setting forth the claims of
| each in the famous Newfoundland
fisheries dispute, which has been a
source of trouble between the two ma
tions for nearly a century. These ar
guments will form the basis of the
settlement of the controversy by The
Hague Court of Arbitration, which
will meet to take up the case on June
l next.
The appeal to arbitration in this
dispute is considered by diplomats in
this country and Europe to mark a
great triumph for the cause of peace.
AS the first case of the kind to be ad-
judicated, it may be said to mark an
epoch.
The Hague court exists under the
agreement of the Powers which had
representatives at the Peace Conven-
tion held at The Hague in October,
1907. By agreement, each country
named four permanent representa-
tives to the Court, to serve as judges.
whose services could be requisitioned
when needed. The judges for each
case are chose, as required, either by
agreement or by friendly powers.
In the fisheries case they were
chosen by agreement This case, one
of the most important in the relations
of the two nations in the last century,
is the first one to come before the
Court under this agreement
The fisheries controversy dates
from the treaty of October 90 1918,
the language of which was construed
differently by each side. The treaty
of 1712-15, contained no provisions re-
lating to the fisheries. The American
claim on this point was that the fish
cries were still subject to the terms
of claim on this point as that the fish
cries had been part Of the partition of
the North American continent. and
stood the same as the boundary, per-
manently, and unaffected by war.
Great Britain claimed that the war
of 1S12-15 had terminated the former
and earlier treaty, and began making
seizures of American fishing vessels.
The treaty of 1918 was entered into
to settle the matter, by granting the
United States certain rights on parts
of the southern, western and northern
coasts of Newfoundland, at the Mag
dalent Island and on the Labrador
coast. Various controversies arose
under this treaty, and were temper
arily disposed of from time to tine.
In 1858, a new treaty was signed,
which covered the matter for twelve
years. In 1872 it was similarly set
tied for twelve. years more. At the
expiration of this treaty began a pc
riod of negotiations that resulted in
nothing in the way of settlement.
Three treaties were made that failed
OF ratlhcatlon, known respectively
as the Chamberlain Bayard, the Blaine
Bond and the Bond-Hay treaties.
Since 1888 the fisheries have been
conducted under various temporary
international agreements. These have
not proven satisfactory to either party,
and at times have given rise to seri-
GUS irritation on both sides.
Through all the years of dispute
over the fisheries, two words in the
treaty of 1918 have been the chief |
bone of contention. They are "in
common" The treaty specified that |
on the parts of the coast named, the |
citizens of the United States were to |
have the privilege, "in common with |
the subjects of His Britannia Majesty" |
The Newfoundland governments
construction of these words made
Americans fishing on their coasts
to local laws and regula-
tions. The American contention was
the opposite.