The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-09-11
FISHERIES AWARD
KIND OF MIRACLE.
Decision Hailed With Equal En-
thusiasm by Both
Parties.
NOT A VICTORY FOR EITHER
Action OF The Hague Tribunals
Will Help Cause Of
Arbitration.
By WILLIAM T. STEAD.
.fSpecial Cable 10 The Times Dispatch

BY WILLIAM T. STEAD.
Especial Cable 70 The Times Dis patch.l
London, September 10.--I nave just
returned from The Hague, where
went in order to secure for The Times
Dispatch first-hand information as to
the award in the Atlantic fishery arbt-
tration All the arbitrators seemed
very we'll. although they were ex-
posed for forty days to a flood OF
forensic eoquence. which, together
with The Hague climate this summer.
might have affected their health preju-
dicially. Judge Gray, tall stalwart
and severe. looked remarkably we'll
Sir Charles Fitzpatrick, who is already
on his way to Canada. was little
under the weather. The American
counsel were in fine form. in the
highest spirits and full Of satisfaction
that their long task had come to
close.
The award itself may be regarded
as kind of miracle. have not be-
fore known any decision in arbitra-
ton or court of law which was
hailed with equal enthusiasm by both
disputants. Just before ! left The
Hague one of the American counsel
asked me how I thought the British
were bearing up under the award. L
said they seemed very "chirpy."
.Chirpy?" said he, why 1 don't
see that your people have got look
In anyway. The whole thing is an
American wind from start to finish.
Take the points one by one" he con-
tinued, "and you'll see we have got
everything we wanted and the British
have got nothing"
ventured mildly to suggest that
the doctrine of servitude had been
condemned. and the claim of America
to partnership in sovereignty had been
rejected.
a Jubllant American.
"Only in preamble" he replied. Tho
husks have been handed to England:
the kernels have been handed to US.
Roots presentation of the American
case asked for nothing more than
what the tribunal has given. That's
In question one. No regulations can
go into force without Americas as
sent. unless the international tribunal
decided against her. For all the 9th
ers we've won hands down"
On the other hand, Immediately az
ter the award, had been read | met
the British counsel. who were exceed
ingly jubilant. They assured me the
verdict gave them all they wanted, and
the American claims had been rejected
with such emphasis that their only
~
dissatisfaction in America over the
decision Of the arbtrators.
Nothing could have been better for
US. was their universal verdict For
once arbitration has resulted in uni
vcrsal satisfaction. Whether this mood
will continue is perhaps little doubt
ful. Although there is no doubt In
my mind that the award IS sound and
wise. think the gilt will be rubbed
an ystN,,
| the qualifications are scrutinized.
A Qualified Concession.
| Take question two. The tribunal
! apparently comedies to the Americans
all they claim as to employing aliens
| IN fishery, but 1t is qualified by stip-
ulntion thai such aliens cannot claim
benefit or immunity from the treaty.
me meaning of this is not quite clear
Americans can employ on their own
ships any number of persons who are
not inhabitants of America, but when
they enter Newfoundland waters the
newfoundland government can refuse
70 allow all such persons the right to
take fish, even though they are at the
time on American fishing boats
The right of Americans to employ
| NeW1oundlanderS on their boats is
affirmed. but the right Of the New
ssundland government to punih their
subjects for accepting service on
| American vessels is not affected by the
award. 1t Will be seen. therefore, that
the award gives to Americans with
one hand as it takes away with the
other.
The Newfoundland government can
| prohibit its subjects from taking SER
| vice under the American flag. and has
the inaliehable right to forbid access
| re "a toll
sons save the inhabitants of the United
States.
That this is the true Interpretation
of the award there is no doubt what
ever. discussed the question with
| Judges and with counsel. and their
opinion was unanimous on the point:
In like manner the apparent victory
| of the Americans on question three
| and four is more of form than sub
stance. 1t was admitted from the
| first in the most explicit way byi Brit
| ish counsel that American fishers We're
| to have the same right as those OF
the colony, and any regulations to the
| contrary would not be maintained by
| Great Britain. All that the award says
is that no harbor or light dues must
be imposed upon Americans which are
not equally imposed on Newfound-
| landers.
Victory for Neither Side.
So we may go on question by ques-
ton, showing that the tribunal has
| anXiously endeavored to do justice al
round without giving victory to either
| side
The chief gain of the award lay II
the creation of permanent commits
sion for settling all questions which
may arise. We are getting perma
nent International treaty between
England and America piecemeal, ant
very good one, too
The English frankly declare thu
there was no time in the last thirt,
years in which they would not have
conceded everything that has beer
granted to the Americans In this
award
The result is a striking illustration
of the immense advantage of creatins
an international authority which Il
strong enough to enable 1t to make {
settlement without being handicappe,
by local preiudices and vested in
terests. An independent tribunal
therefore, which can decide cas-,
upon its merits will enormousl,
strengthen the hand OF executives !,
both countries in doing what they be
lieve TO be lust. regardless of loca
clamEr. Some arbitratlons in the pas
h,y.h hark the cauSa nf prhftr,