Newark evening star and Newark advertiser., 1910-09-07
FISHERIES AWARD
BY HAGUE COURT
FAvORS THE j. S.
England Wins Only Two Points,
Including Interpretation of
Three-mile Limit.
TRIBUNAL is DIVIDED
ON SOME QUESTIONS
America Has Raised Points of
Equity Involving One Ad-
verse Decision.

THE HAGUE, sept tine inter-
national Court of Arbitration, after
hearing prolonged arguments, today
rendered it's decision in the Newfound-
land fisheries case submitted by the
governments of the United States and
Great Britain, but which also involved
the local governments of Canada and
Newfoundland. Neither country wins
clear-cut award, but the Americans
claim a substantial victory
The general ISSUE as submitted
through the agreement signed in Wash
| ington, was presented in the form OF
seven questions. On these questions OF
points the tribunal supports the United
| States in five instances and Great
Britain in the other two.
The British consider the two points
decided in their favor, Nos. and s, as
of the highest Importance, and it is
understood that the colonial office is
! satisfied with the outcome. On No. 1,
| however, the United States has raised
certain questions of equity which will
be submitted to a special commission
/ for determination. 1t is also significant
/ that the court was unanimous on all
| questions except the fifth. and from the
decision of this Luis Drago, the menu
ber from Argentine Republic, gave a
dissenting opinion, largely supporting
the American contentious.
America Favored.
On all others of the seven main ques-
| tions, the tribunal sustains the princf-
pal contentious of America. The court
finds that the claims of Great Britain
to 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
(Newfoundland) enforces must be rea-
sonable and appropriate but Great
Britain cannot be the sole judge of the
reasonableness In case of Disagree
ment the question must be determined
by an impartial tribunal like the Hague
or by a special commission.
On question 6, which presented the
claim of Great Britain to exclude fish
ermen from the bays and harbors on
the treaty coasts of Newfoundland and
the Magdalen Islands, the tribunal de-
clares 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 Britlsh-American treaty
whereby America renounced the right
to fish in any bays on non-treaty
coasts. The court holds that this re-
nunciation applied to all bays, irrespec-
tive of their size, instead of to small
bays only, as was contended by the
Americans. The arbitrators were not
unanimous on this question.
Summarizing questions two, three,
four, six and seven, they were decided
in favor of the United States. Amer
leans consider that winning the right
to an impartial commission to judge
the pesent and future Newfoundland
regulations was of high Importance.
To Protest One Point.
Regarding point l, on which the
American counsel have raised questions
of equity, resulting in the submission
of the matter to a special commission,
the tribunal holds that the right of
Great Britain to make fishing regula-
tions without the consent of America
is inherent in the formers sovereignty,
but in the exercise of the right to make
; limited regulations the latter must not
, violate the treaty of 1878 or be SO
framed as to give the local fishermen
an advantage over the Americans. The
regulations are necessary for the pro-
lection and preservation of the fish
I cries and the public order, but must
not violate the treaty. The court states
that the reasonableness of the regula-
! tions requires expert information for
the proper settlement of disputes that
may arise.
, 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 Americans
have objected be submitted to a COM
mission which shall judge of their rea-
sonableness, necessity and fairness IN
the light of the principles laid down
by the tribunal
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 Verduynen, 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.
Commission of Experts.
In connection with its conclusion that
the reasonableness of the fishing regu-
lations must be determined through ex-
pert information the tribunal directs
the appointment of a commission OF
specialists, calls upon America and
Great Britain to designate their COM
missioners within one month, ana ap-
points as third commissioner Or.
Hoek. scientific adviser of fisheries OF
the Netherlands The commission is
instructed to submit its report to The