The free lance. (Fredericksburg, Va.) 1885-1926, 1910-09-10
ENDSFISH DISPUTE
ENGLAND Wins Her Two
Main Points.
US. FAVORED ON 5 QUESTIONS
International Court Upholds British
Definition of a Bay and Colony's
Right to Make Fisheries
Regulations.

The Hague. Sept. S-The interna-
tlonal court Of arbitration rendered Its
decision in the Newfoundland fisheries
case submitted by the United States
and Great Britain, but which involved
the local governments of Canada and
Newfoundland.
Neither country wins a clear-cut
award.
The general issue was presented In
the form OF seven questions or points
On these the tribunal supports the
United States in five and Great Bri-
tain in the other two.
The British consider the points de-
cided in their favor. Nos. l and 8, as
of the highest Importance, and 1t Is
understood that the colonial office Is
satisfied with the outcome.
On No. !. however the United States
has raised certain questions Of equity
which will be submitted to a special
commission.
1t is also significant that the court
was unanimous on all questions ex
cept the fifth. and from the decision
of this Luis DragO. member from the
Argentine Republic. gave a dissenting
opinion largely supporting the Ameri
can contentious.
British Claims Rejected.
On all others Of the main questions
the tribunal sustains the principal con
tentions OF America. The court finds
that the claims OF Great Britain to a
right to prohibit American vessels
from employing foreigners, and to i'm
pose light harbor customs and other
duties are unauthorized by the treaty
OF 1918.
The tribunal finds that the regula
ton of the manner, time and imple'
ments of fishing which Great Britain
or Newfoundland enforces must be
reasonable and appropriate. but Great
Britain cannot be the sole judge oil
their ressonableness.
In case of disagreement the question
must be determined by an impartial
tribunal like The Hague, or a special
commission.
On question six, which presented
the claim Of Great Britain to exclude
fishermen from the bays and harbors
on the treaty coasts of Newfoundland
and the Magdalen islands. the tribu
nal declares. without qualification, in
favor Of America.
Dealing with question five, which
was decided adversely to the United
States. the court followed the strict
letter of the Brtish-American treaty
whereby America renowned the right
to fish in any bays on non-treaty
coasts.
The court holds that this renuncia
tion applied to all bays, irrespective
Of their size. instead OF TO small hays
only as We contended by the Ameri
cans. The arbitrators were not unanl'
nous on this question.
May MAKE FlS0 NCHutdhISnes
Regarding point one. on which the
American counsel have raised ques
tons of equity, the tribunal holds that
the right OF Great Britain to make
fishing regulations without the consent
of America is inherent in her sover'
eighty.
But in the exercise Of the right 10
make limited regulations these must
not violate the treaty Of 1918 or be
so framed as to give the local fisher
men an advantage over the Amerl-
cans.
The provisions Of the award apply
not only TO future legislation by the
imperial government and the colonies,
but require that the existing statutes
and regulations. TO which the Ameri-
cans have objected, be submitted to a
commission which shall judge Of their
reasonableness. necessity and fairness
In the light of the principles laid down
by the tribunal.
In connection with its decision that
the reasonableness of the fishing regu-
lations must be determined through
expert information the tribunal directs
the appointment Of a commission of
specialists, calls upon America and
Great Britain to designate their COM
missioners within a month, and ap-
points as a third commissioners Or
Hoek, scientific adviser of fisheries Of
the Netherlands.