New-York tribune., 1910-09-08

5
requiring ships TO make entry or report al
customs houses o. 10 pay light and harbol
! dues
Tho award holds thai ff1e requirement ol
entrv o. report A. customs houses Is moi
,r1lreasona bic. though IL should not be
/ made unless convenient opportunities are
afforded the officers OF ships 10 report per
eoraliy or geographically to & customs
house o. other official. Bat. the decision
adds they should not Re subjected TO
purely commercial to-lnalties of report,
entry or clearance at . customs house nor
10 light harbor and other dues not I'M
posed upon Newfoundland fishermen
The award also decides thaS hE the
Treaty of 1918 permission Is gI@en TO Amer
leans 10 enter certain BAYS and harbors
for shelter and repairs, and 20 take on
board wood and water This is based on
the grounds Of humanity. and should not
be conditional on the payment Of dues and
reporting 10 the customs houses, but ships
remaining forty-eight hours should report
20 the officials if II is convenient and the
opportunity arises.
On Question ;. regarding what point
must he taken when measuring the three
marine miles of any Of the coasts Days
creeks or harbors'' the award recommends
dennire lines based on certain enumerated
. coast points. In giving dissenting
opinion on this point Or DTaso OF the
Argentine Republic. holds that the scheme
should be part o. the award instead OF
. q recommendation. The court follows the
strict letter Of Tho BTitish-Aneftcan
treaty whereby America renounced the
right 70 fish in any hays on non-ireaty
coasts. Tho tribunal holds shat this re-
n1r.ciation applied 10 all bays irrespective
of their size instead Of 20 small bays only,
rs was coutended by the Americans
Regarding Point :. on which the Ameri-
can counsel have raised questions OF
equity. resulting fl the submission OF the
matter % q special commission, the tri-
bIlrai holds that the right of Great Britain
10 make fishing regulations without the
consent Of America IS inherent in The
formers sovereignty. but in the exercise
OF the righ; 10 make limited regulations
1ha latter must not violate the Treaty o.
ISIS. or be SO framed as 70 give the local
fishermen an advantage over the Ameri-
cans. The regulations are necessary for
the protection and preservation OF the fish
tries and thc public orde-, but must not
violate the treaty The court states that
The rea sonableness OF the regulations re-
ollirae expert information for the proper
settlement Of disputes that may arise.
IN connection with It's conclusion that
the onahIeness Of the fishing regulations
must be determined through expert in
formation. the tribunal directs the appoint
ment Of commission Of specialists calls
on America and Great Britain 70 designate
their commissioners within one month and
appoints as third commissioner Dr.
Hook The commission is instructed to
submit its report 10 The Hague tribunal.
which. = tho decision Is unanimous. will
incorporate the SarIe in its present award
If the commission fails Of unanimity The
Hague tribunal viii aaiudicate the matter.
The claims Of Great Britain 70 a right to
prohibit American --esseIs from employing
foreigners ana 10 impose light harbor Gus
toms and other duties are held 10 be unau-
thorizsd hy the Treaty OF 1878
on question & which presented the
claim Of Great Britain 10 exclude fisher
men from tie bays and harbors on the
treaty coasts Of Newfoundland and the
Nagdaieu Islands. the tribunal declares
without qualification in favor Of America
on question : The court decided that
fishing vessels We're entitled to the com
mercial privileges accorded to other YES
q
same time on the same voyage while act
ing under the treaty liberties regulating
fishing.
The provisions Of the award apply not
only 10 future legislation hy the in1pe-
rial government and the colonies. but re-
quire that the existing statutes and reg1-
Iarions to which the Americans have OBJ
jected he submitted 20 4 commission
which shall Judge Of their reasonableness.
necessity and fairness II the light of the
principles laid down by the tribunal
EHglishmeH are pleased because the
three-mile limit Is based on headlands in
stead of following the Sinuosities Of the
coast. and in saving sovereignty hv har-
ing confirmed Great Br5tain's right 10
make reasonable fisheries reguIa lions
without tho concurrence Of the United
States
Chandler 7. Anderson. tie agent Of the
United States: Samuel J. Elder, of Aneri-
can counsel, and Otis Cartwright. seCre-
ta-T Of the American Atlantic Fisheries
Commission, and other Americans here.
are satisfied with the result, considering
that winning the right to an impartial
commission 10 Judge the present and fut-
ure Newfoundland regulations Is OF high
importance
The session OF The court was held IN the
small chamber OF the permanent court,
which is hung with portraits of arbitra-
tors of the past Baron Michieis van Yer
duynen. secretary general of the Perrna-
uent Court Of Arbitration. read the award.
re reading Of which occupied two hours.
Tie room was crowded with diplomats
and women.
THIS court VIII bc memorable because II
determines snaIiy the disputes arising from
tha Br,tisif-AGrrer.can treaty OF 1878 which
hare caused continuous diplomatic contro-
vors.es. and. Incidentally, because Of the
stx-Gay sreech Of Senator Elihu Root. chief
~ the American counsel. which all lawyers
f"rc regard a. the greatest presentation
Of q case ever made a The Hague
Nr- Root, receiving a Senator salary.
was barred from other compensation, and
Of the twenty-five persons mustered as
counsel for Great Britain and the seven
Americans ne alone contributed gratui-
-ousjr an effort which, If made for a pri-
vate client would have commanded large
fee
MCMEf1iIM0I AND 1Ci0ICCC