New-York tribune., 1910-09-10
THE HAGUE DECISION
Text of Fisheries Questions and
the Courts Findings.
SOME POINTS MADE CLEAR
Full Report of Judgment That
Settles Dispute Nearly
Century Old.

foundland fisheries dispute. submitted
FOR decision TO the international Court of
Arbitration at The Hague, and the an
swers as given by the tribunal on
Wednesday were reported in full by
cable by the Canadian Associated Press
The complete report of the findings is as
follows:
Question One.-To what extent are the
following contentious or either OF 'heIh
Ii is contended on the part OF Great
Britain that the exercise OF the lloeftE 10
take fish referred 10 in the treaty toI
States have forever in common with 1he
subjects Of his Britannia majesty. is SUP
form Of municipal laws. ordinances or
rules. as. for example the regulation IN
respect OF G( the hours. days or seasons
when fish may be taken on hle GedLs
coasts. ~ The methods. means ana nm
plements TO be used in the taking OF lSh
on such coasts 40 Any matters of similar
character relating to fishing, Such reSui2-
tions being reasonable. s
States that the ,rciSe OF such liberty Is
not subject 10 limitations or restraint by
Great Britain. Canada or Newfoundland
unless they are appropriate and necessary
FOR the protection and preservation o. lhe
common rights in such heherles- ana InteS9
they be reasona lie in themselves ana IalI
As between local fishermen and fishermen
coming from the United States, and not SO
framed as 10 give an advantage 10 the Tor
rr7er over the latter. and unless their ap-
propriateness. necessity. reaSon2oleneSS
and fairness be determined 10y the Lniieu
States and Great Britain by common ac-
cord snd the United States concUrs IL
their enforcement
ENGLAND Supreme on Coast.
Answer.-The right OF Great Britain TO
make regulations without the consent O.
the United States as to the exercise OF the
liberty 10 take fish. referred to in article l
Of the treaty OF October %. 1875 IN the form
IF municipal laws, ordinances or rules OF
Great Britain, Canada or Newfoundland
is inherent in the sovereignty Of Great
Britain
The exercise OF that right by Great
Britain IS however limited by the said
treaty in respect Of the said liberties
therein granted 10 the inhabitants OF the
United States in that such regulations
must be made bona fde and must not he
IN violation of the said treaty regulations
which are % appropriate or necessary Tor
fhe protection and preservation OF such
fisheries or % desirable or necessary on
grounds of public order and morals, win
out unnecessarily interfering with the fish
cry itself, and in both cases equitable and
fair as between local and American fish
ermen, and not so framed as to give un-
fairly an advantage 70 the former over
the latter class are not inconsistent with
the obligation TO execute the treaty in good
faith. and are. therefore. reasonable and
not in violation of the treaty
Reasonable Regulations.
For the decision OF the question whether
g regulation IS or IS not reasonable. as be
ing OF not heing in accordance with the
vic
1a+ion thereof. the treaty of 1915 contains
no special provision. The settlement Of
differences in this respect that might arise
thereafter was left 10 the ordinary means
nf diplorlatic intercourse. By reason. how
ever. Of the form in which Question l is
nut and by further reason Of the adIns-
sion # Great Britain. ny her counsel before
This tribunal. that II Is not now fer either
n the parties to the treaty TO determine
The reasorableness of any regulations made
N hy Great Britain. Canada or Ncwfound-
land the reasonable of any such TeSu-
7ation j. contested must hc decided. not
by either of the parties. but by impartial
authority in accordance with the principles
herein above laid down, and in the manner
proposed in the recommendation made by
The tribunal
In virtue of Article of the agreement
the tribunal further decides that Article 4
IF the agreement is, as stated by counsel
OF the respective parties At the argument
permanent in st. effect ard not terrninahle
by The expiration Of the general arbitration
treaty of 1918 between Great Britain and
he United States
Foreign Crews o. American Vessels.
Question Two.-Bave the Inhabitants OF
the I-1Ifed States q right 10 employ
- q g. -T-l-I
sels persons not inhabitants o. the United
States?
AnswFr.-In view of The preceding con
siderstions this tribunal is of The opinion
that the inhabitants of the United States.
while eNercising The Iihertles rofcrred 70 in