Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-09-07

The session Of the court was held in the
small chamber OF the permanent court,
which is hung with portraits OF arbitrators
of the past. Baron Michiels van Verduy-
men. secretary general of the permanent
court of arbitration. read the award. the
reading of which occupied two hours.
The room was crowded with diplomats
and women.
Special Commission.
In connection with its conclusion that
the reasonableness of the fishing regula-
lions must be determined through expert
information. the tribunal directs the ap-
pointment of a commission of specialists.
calls upon America and Great Britain to
designate their commissioners within one
month and appoints as A third commis-
sioner DR.. Hook scientific adviser OF
fisheries of the Netherlands. The com
mission is instructed to submit its report
to The Hague tribunal, which, II the deci-
sion is unanimous. will incorporate the
same in its present award. II the COM
mission fails of unanimity The Hague
tribunal will adjudicate the matter.
DR. Heinrich Lammasch of Austria was
the umpire of the court. The agent OF
Great Britain was A. b. Ayiesworth.
minister of justice of Canada, and the
American agent was Chandler r. Ander-
son. The United States counsel were
Senator Elihu Root. George Turner and
Samuel J. Elder, and associated with
them were James Brown Scott. solicitor
for the Department of State, Charles b.
Warren and Robert Lansing.
Marking the Marine League.
Although the United States triumphs
on five of the seven points. point 3. de-
cided in favor of Great Britain has been
held by Englishmen as the most impor-
tant of those submitted.
The fifth point was stated in the form
OF this question:
From where must be measured the
three marine miles Of any OF the coasts.
bays, creeks or harbors referred to in
article l of the American-British treaty
Of 1S1S?'
United States fishermen claimed the
right to take the measure from any part
of the British North American shore,
and therefore the liberty to fish In the
middle of any Canadian bay or estuary
having a radius of more than three miles.
The British contention was that the limit
should be measured from an imaginary
line connecting the headlands. The peace
court sustained the British contention
Point one. upon which Great Britain
also was sustained, embodied the question
of whether any local laws adopted by
British colony must be submitted for APP
prevail to any foreign power having
treaty on a similar subject with the I'M
perial government
This point was consideped of great i'm
portance also to the British. and their
triumph will be a matter Of much salts
faction to them.
Concessions Won by Americans.
On the other hand the Americans win
important concessions BY the decision
they will be enabled to employ foreigners
in their fishing and are not liable to light
house dues. They are not compelled to
enter their vessels at the customs houses
The words bays, harbors and creeks
referring to Labrador in the ,, treaty OF
American vessels when fishing do not
lose their right of trading.
In connection with point ! the United
States has raised certain questions OF
equity, which will be submitted to a
special commission for determination.
Qualification in London.
LONDON, September THE British
colonial office received the announce
ment of the Newfoundland fisheries deci-
sion at The Hague with considerable
satisfaction.
The award i'm favor OF this country on
question 1 is particularly gratifying. as
the point involved is considered specially
important from the imperial viewpoint, as
IL is considered highly undesirable that
the legislation of any British colony
should have to be referred for approval
to a foreign power. The colonial Office
was somewhat surprised at securing a
favorable verdict on the question of bays.
New England Chiefly Concerned.
The Newfoundland fisheries case is one
of the most important that has come be-
fore the tribunal at the Hague. The de-
cision is Of most concern to New Eng
land, whose immense fishing industry is
affected.
The best understood point at issue and
the most vital to the American fishing in
terests grew out of different constructions
Of the provisions of Article / Of the treaty
between the United States and Great
Americans and Canadians on their re-
spective waters.
Rights Of Provinces.
A sub-issue was the determination OF
the right of colony or province such as
Canadian or Newfoundland by local leg
islation to deprive persons of rights con-
ferred by treaty between the principals.
Observation-Disclosures contended that though
the treaty of 1918 gave to American fish
ermen the right to fish in specified New
foundland waters as individuals il did not
confer upon fishing companies the right
to send into these waters Newfoundland
or other foreign crews The Americans
held that the right to fish gave them au-
to fish in any way and with
the aid of any boats or crews which they
were able to employ.
The articles of agreement by which the
whole question was submitted to The
Hague were signed at Washington jan
uary -, 1909.
Seven Points in the Controversy.
The seven points involved in the Allan
tic fisheries arbitration in brief were as
follows:
First. Must any reasonable regulations
made by Great Britain, Canada and New
foundland in the form of municipal laws,
ordinances or rules tsuch regulations be-
ing appropriate or necessary for the pres
ervation of the fisheries, desirable on
grounds OF public order and morals. equi- |
table and fair between local fishermen |
and inhabitants of the United Statesl be |
subject to the consent OF the United |
States?
Second. Have the inhabitants of the |
United States, while exercising the liber- |
ty TO take fish on the treaty coasts, a |
right to employ as members of their fish |
ing crews persons not inhabitants of the |
United States?
Third. Can the liberties to take. dry |
and cure fish in treaty-designated rlaces |
he subjected. without the consent OF the \