Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-12-06

of the oldest upon this continent 1T was
one of the first to be considered In inter-
national treaties. From the foundation
of the government to the present time,
questions pertaining to this subject nave
been continually before the Department
Of State The conditions affecting the
fishery Industries of Canada and the
United States were considered by spe-
cial court at The Hague peace congress
from June to September 1870 and oc-
cupied the attention of the civilized
world. The final treaty resultant of this
hearing went into effect only last month,
but it is believed that it will finally set
tie the disputes which have existed be-
tween the two countries for more than
century.
The treaty of peace between the United
States and Great Britain, concluded in
1888 had as its third article the provision
that the former should have the unmo.
Tested right to take fish of every kind
upon the Grand Bank and on all other
banks Of Newfoundland; also In the CUR
Of St. Lawrence and at all other places
where the inhabitants of both countries
used at any time heretofore to fish,. II
restrained them from the right to dry or
cure fish upon the island or along the
coasts of British territory, but secured
them this privilege in any of the unset
tied bays, harbors or creeks of Nova
Scotia, the Magdalen Islands and Labra-
dor so long they remained unsettled,
with the proviso that it should not be
lawful for American fishermen to dry
or cure fish there after this territory be-
came settled without a previous agree
ment for that purpose with the inhabit-
ants. proprietors or possessors of the
ground.
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Afta, <r,o u,or Of 1910 IN <l;4orapoo rf
opinion arose as to the validity of this
treaty. T h e
Validity Of Treaty United States
Causes Difference. :. nan,ainad in
force. while England contended that it
had been abrogated by the war. The
disputes caused great difficulties for
American fishermen until a new treaty
was made in 1918. This practically gave
Americans the same rights as the former
convention, excepting that they were re-
strained from taking. curing or drying
fish within three marine miles OF the
territory upon which in the first treaty
they were only forbidden to dry or cure
fish. 1t gave them the right however, to
enter the bays, harborS and creeks along
the shores for the purpose of shelter, re-
pairing damage, purchasing wood and OBJ
training water, but for no other purpose
whatever
The court of The Hague tribunal before
which the hearings were presented con-
sisted of five members appointed from the
permanent court of arbitration. To 1t
were submitted seven questions covering
the main points of dispute. The con-
tentions of both nations were prepared be-
forehand and presented to the court in
r,y.i1, form The United States were
represented by six printed volumes con-
tanning the case for the United States
with two appendices 1.-The counter case
for the United States" with appendix and
1.-The argument for the United States. ="
The whole series contained about 2.JOO
pages and a similar amount of material
was prepared for Great Britain. The
oral arguments, which constituted the
delivered by four of the counsel for each
nation. They consumed forty sessions.
The concluding arguments. which sup
posedly summed up the situation. were
delivered by Sir William Robson. attorney
general of Great Britain, and Senator
E.ihu Root, who had been Secretary OF
State when the negotiations were con-
Guided.
The most important part of the SUBJ
ject was covered by the first question:
ITO what eX-
Great Britain's tent are the
following con-
OoAIeA'ioA VI ASS"e' tent ons or
either of them justified?" The contention
of Great Britain was that the liberty to
take fish was subject. without the con-
sent of the United States. to reasonable
regulations by Great Britain or Canada
or Newfoundland in the form Of munich
pal laws, ordinance or rules. as, Tor ex-
ample, regarding the time when fish
should be taken. the implements to be
used or any other matter of a similar
character, such regulations being sup
posedly reasonable for the protection or
preservation of the fish or desirable upon
the grounds of public order or morals.
These were supposedly fair and equitable
as between local fishermen and the in
habitants of the United States SO as not
other.
The United States contended that the
liberty granted in the treaty of 1918 was
not subject to any limitations by the
British government in the way of munich
pal laws, ordinances or regulations 'un-
less their appropriateness. necessity. rea-
soma bleness and fairness be determined
by the United States and Great Britain
in common accord and the United States
concur in their enforcement" The award
of the tribunal upon this question was
that as the sovereignty of Great Britain
was involved upon one hand and the fish
ing rights of Americans upon the other
the right of Great Britain to make regu-
lations governing her own territory with
out the consent of the United States was
inherent with the British sovereignty.
X
X X
Question two dealt with tho or,,plo,,