The Washington herald., 1910-06-04

At The Hague this month Great Brit
ain and the United States vii! tight out
their differences over the right OF Ameri-
cans to FISH in Newfoundland waters.
Eminent lawyers of both countries will
participate IN the arguments before the
highest international tribunal in the
world. II is one Of the oldest foreign
issues that this government has had to
deal with. II is as old as the country
itself Il was one OF the burning cues
lions az the close OF the Revolutionary
war.
The fisheries controversy Is the first
case TO be referred 10 the permanent
court at The Hague for arbitration under
the general arbitration treaty between
the United States and England The
court viii consist OF the following mem
bers of the permanent court at The
Hague:
Dr. Heinrich Lammssch. OF Austria,
umpire. who will act as president Of the
tribunal: his excellency Luis NJ. Drago.
OF the Argentine Republic; Jonkheer A.
r. de savornin Lehman. OF the Neither
lands: Hon George Gray, OF Delaware.
Judge Of the United States Circuit Court.
and Sir Charles Fitzpatrick. chief justice
OF the supreme court OF the Dominion OF
Canada.
The issues involved in the case are due
chiefly TO differences which have arisen
between the two governments as to the
true intent and meaning OF the provisions
OF Article I Of the treaty Of ISIS. and are
covered by thu questions which are sub
mitted in the special agreement for the
decision OF the tribunal.
Reasons for Dispute.
These questions are: It is contended on
the part Of Great Britain that the exer-
else OF the liberty TO take fish. referred
to In the said article, which the inhabi-
tants OF the United States have forever
In common with the subjects OF his Bril-
tannic majesty, is subject. without the
consent Of the United States. 10 reason
able regulations by Great Britain. Cana
da, or Newfoundland in che form OF uu-
nicipal laws. ordinances, or rules. as. for
example, to regulations IN respect Of sea
sons when fish may be taken, and the
method. means. and implements to be
used.
It Is contended that the exercise OF such
liberty is not subject TO limitations or
restraints by Great Britain. Canada, or
Newfoundland in the form OF municipal
laws, ordinances, or regulations unless
they are appropriate and necessary for
the protection and preservation OF the
common rights in such fisheries and the
exercise thereof. and unless they are rea-
sonable In themselves and fair as be-
tween local fishermen and fishermen COM
ing from the United States. and not so
framed as 10 give an advantage TO the
former over the latter class unless their
appropriateness. necessity. reasonable
ness. and fairness be determined by the
United States and Great Britain by COM
mon accord and the United States con-
ours in their enforcement.
The second leading question is: Have
the inhabitants OF the United States,
while exercising the liberties referred to
in said article. a right TO employ as mera-
bers OF the fishing crews OF their vessels
persons not inhabitants OF the United
States2
Question of Customs Entry.
Question g. Can the exercise by the In
habltants OF the United States OF such
liberties be subjected. without the con-
sent of the United States. to the require
ments OF entry or report at custom
houses or the payment of light or harbor
or other dues. or TO any other similar re-
ouirement or condition or exaction?
Question 4. Have the inhabitants OF the
United States the liberty. under the said
article or otherwise, 20 take fish In the
bays. harbors, and creeks on that part OF
the southern coast OF Newfoundland
which extends from Cape Ray TO Rameau
Islands. or on the western and northern
coasts OF Newfoundland from Cape Ray
to Quirpon Islands. or on the Magdalen
Islands7
Question s. Are the inhabitants OF the
United States whose vessels resort to the
treaty coasts for the purpose OF exereis-
ing the liberties referred to In Article I
Of the treaty of 1913 entitled TO have for
these vessels. when duly authorized by
the United States in that behalf. the
commercial privileges on the treaty
coasts accorded, by agreement or other
wise, to United States trading vessels
generality
There are other questions Of minor i'm
portance.