The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-06-24

aHHrNAune N NtfW ana AntRfmAtlo0al
law Ex-senator Turner 0uizzed On
u by the Members % Hague Court.
Special Csbls Dsspdfeh 70 the SUN.
THE HAGUE, June 2S.-Former Senator
George Turner OF the State Of Warrington
continued his argument for the United
States in the Newfoundland Asharies oass
bsf0rs the arbitration tribunal to-day.
He dwelt again on ths claim OF the United
States 70 exercise equal sovereign power
with Great Britain over the fisheries He
quoted largely from legal works and
pAraphrAssd the FIRST question for the
tribunal 10 answer.
AZ 10 the right Of Great Britain 20 ragi-
late the fisheries. Mr.. Turner Said the
question really was: Does the Treaty Of
1918 impose any limitation Of the sovereign
power Of Great Britain over the hsheriesl
II 20. what are the imitationsP This
was the burning question between the
United States and Great Britain, for the
United States insisted that a right 70 fan
which was subject % the will or pleasure
Of Great Britain was no night az all.
Mr.. Turner pointed out that Great
Britain had admitted that the French
right 10 fish ON the Banks Of Newfound-
land, which was analogous 70 the Amsri-
can right. was in the nature Of ssrvituds,
20 that the 50 where the French exercised
their right was not merely territorial
waters Of Newfoundland but part Of the
high sea.
Sir Charles Fitzpatrick. Chief Justice
Of the Supreme Court OF Canada, a men,
Der Of the tribunal. asked WHISTLER the
right 20 Ash was q seryitude a. under.
stood in the Roman Law.
Mr.. Turner replied that the analogy
between ssrvitudes in civil law and inter
national law should not be strained.
DIT Heinrich IAmmasoh OF Austria.
president Of the tribunal. observed that
servitudes In civil Law should meet the
requirements Of an estate, not thoss Of
the pr0prietOrs Of that estate
Mr. Turner replied that an international
servitude was constituted for the benefit
Of territory and belonged 10 the sovereign
He quoted a number Of writer's 10 show
that international servitude implies entire
liberty ~ the State " hich received IL in
the exercise ~ lie right
Prof Won HoltzendorH said that Mr..
Turner considered fishing rights in the
territorial waters of foreign State a
servitude likewise
Prof won Ollmann said that the right
which restricted the sovereignty OF a
state ought 10 he considered az servitnds
when the duration d this right was not
limited In the case Of fishing rights in
Newfoundland waters servitude had been
established for always Therefore In the
present case servitude existed, and the
treaty ~ 1919 contained no limitation or
restriction Of the American right. There
fore this right was not subjected 20 British
Or colonial legislation.
Replying 20 question. Sir Charles
Fitzpatrick said that several writer's had
especially quoted the American fishing
right a. an example u international
servtude
WASHINGTON. June 1S-The Hague
court which u hearing the Newfoundland
fishery case. has asked both the United
States and Grea, Britain to appoint a
commission vt experts To advise the tri-
bunal on the practical and teChnica
questions involved in the dispute. This
expert commission was provided for in
section q tho protocol submitting the
dispute ~ arbitration Great Britain
and the United States will each name one
member. These two experts will choose
a third. The three 50 chosen will con-
stitute the commission.
The American member will either be
Capt Carl c. Young. a Gloucester fiaher-
man. or DR.. II. NJ Smith Of the Fish Com |
mission. Both Capt. Young and DR.. |
smith will 20 TO The Hague. One will
serve M a member of thu commission.
The other will he an adviser to the Ameri-
can counsel IN the case