The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-03-03
and provided the way in which the Chief
Justice should be selected.

At present the Chief Justice happens to
be an American, Judge CHAMBERS; he holds
that office, however, not as a representa-
tive OF the United States, but as the repre-
sentative OF the treaty and the three sig
natory powers. His jurisdiction with re-
gard to the election OF a King is set forth
In the sixth section OF Article 3:
I'm case any question shall hereafter arise in
Samoa respecting the rightful appointment and
election of Kings or any other chief claiming au.
thority over tho islands, or respecting the validity
Of tho powers which the King or any chief may claim
in the exercise Of his once, such question shall not
lead TO war. but shall be presented for decision to
the Chief Justice of Samoa. who shall decide It In
writing confornably TO the lrovisions OF this act
and to the laws and customs Of Samoa not in con
hict herewith. and the signatory Governments will
accept aud abide by such decision"
M the second section OF the same article
provides:
His 1.-THE Chief %Justice'sl decision upon questions
within his Jurisdiction shall be nnal."
Upon the submission to Chief Justice
CHAMBERS of the question respecting the
rightful election of a King, both contest
ants agreed In writing to abide by the de-
cision. The judicial grounds upon which he
decided against MATAAFA and for MALE
IVA lhNO dIt HOb bJIlCJly ptIbluOub Jhc
question at present, IL the question was
within his jurisdiction and his jurisdiction
was final. His decision OF Dec. 81 was
communicated in writing to the Consuls OF
the United States, OF Great Britain and Of
Germany. The British Consul and the
American Consul acknowledged the receipt
Of the decision for their respective Govern
ments, and recognized MALIEToA TAM as
the lawful King of Samoa. TIL copy sent
to the German Consul was never acknowl-
edged, and the German Consul, NoS BtLow,
and the German President of the Munich
pality OF Apia, RAFFEL, refused to recognize
MALIEToA. Thereafter they made common
cause with the Mataafa faction.
This old Samoan chief is somewhat OF a
heroic figure in Samoan history on recount
of his efforts to save the lives Of the sailors
on the foreign warships at the time Of the
memorable hurricane in Apia Bay. In the
troubles of ten years ago he was regarded
blythe Germans as their chief enemy among
the native leaders, and at the time Of the
negotiation Of the Berlin treaty Coun
HERBERT BISMARCK insisted that MATAAFA
should be regarded forever as ineligible for
the throne OF Samoa. Recently, however,
MATAAFA seems to have supplantcd TAM
AsEsE as the chief native representative OF
German influence and German interests.
AS n claimant of the throne he has had the
support Of the old followers of TAMAsEsE,
while the German officials at Apia have been
open and even defiant in promoting his
instruction against the authority of the
Supreme Court of Justice. 1t is proper
to add that, very unfortunately, religious
| .JITa,arnn, ~ N,,,;Da Lo-o ,,ta,,j ;.to Ill.,
fractional divisions among the natives.
The population Of Samoa is about 81 5000.
Roughly speaking, there are about 5000
Weslcyans, about %, 900 who are attached
to the London Mission churches and about
5000 Roman Catholics. MALIEToA LAU-
PEPA was a Protestant, and so is his son
MALIEToA TANU. MATAAFA has been a
Catholic since his childhood.
All these religious and political consider
atoms are apart from the question whether
the decision of the Chief Justice is or is not
final, according to the treaty of Berlin, and
whether the refusal Of the German repre-
sentatives in Samoa to accept that decision
was or was not a direct violation Of the
same treaty.
The next step Of the Mataafa party was
the insurrection Of Dec. 81 and Of Jan. i
and 2. One OF our informants asserts posi-
lively that the armed assault of MATAAFA's
troops upon the central portion OF Apia
was led in person by the German Consul,
Won BULOw. Our other informant, he who
has sympathized with MATAAFA and the
Germans, denies squarely that VoN BULow
participated in any attack on the Tivoli
Hotel, near the shore. where the Chief
Justice and the newly proclaimed King had
taken refuge.
We shall allow our informant on MATAA-
FAs side to tell the story Of the formation
Of the so-called Provisional Government,
and the attempted overthrow of the SUI
preme Court established by the treaty:
AT daylight on Jan. 2 the invading force entered
the town with a rush, and footing became general.
Many houses belonging to people especially OBJ
noxious TO the Mataafa party were burned to the
ground and other houses were marked to be carried
away bodily later on. The women and children Of
the defeated party had taken refuge in the church
opposite the hotel Aad on the Mission grounds. Pill
layers were kept out of the church during the I'd.
but on the Sd they entered the church and took
away pretty much all that was OF any value to its
occupants.
ION the Sd a provisional government was pro.
claimed. consisting OF MATAAFA and thirteen of his
principal chiefs. with President RAFFEL rs Executive.
lhlbS WINS SokhlGtu ny II lit SDleulb.
= On the 9Th President R,FFEL, acting for the
Provisional Government. officially closed The Supreme
oour and on the morning OF the 7th he received a
notice signed by Capt. STURDEE and Consul MAxsE
british saying that at midday the court would be
reopened by Mr.. CHAMBERS. and that the ship would
protect him with a guard and would hre on the town
If any resistance was made. =
AT noon CHAMBER. Consul MIxsE and the Amsri-
can Consul. OSBORN. appeared, accompanied by a
gnG'd Of twenty-five men. demanding the keys of
the Court House. DR.. RAFFEL said he would not give
them mp; that 6U an inIWrecrOn N, propt had over.
throVn the decisiOn NJ hs court and the chief Justice
ruth 1t; that in doing so a vacancy had been created.
which, according to the treaty. he was commissioned
to fill; that now. as Acting Chief Justice, he lRATFELl
had the right to the keys Of the Court House."
The proclamation of DR.. RAFFEL's Pro-
visional Government closing the Supreme
Court which the Berlin treaty erected had
been pIacarded on Jan, g, in English. on tho
----- H. A., i.