The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1899-02-09


deportation Of the chiefs ani are now
talking Of uniting VIII The NieHctoA fac.
ton.
JUSTICE ctLNMBER's DECISION.
son rrencisco. Fob. S-I'ne correspon-
dent OF tho Associated Press al Apia
has forwarded he decision OF chef Jus
ice Chamber awarding ,he kingship.
Tho decision rehearses the history of the
appointment OF Molletoa I.aupepe, the
late king OF Samoa, whj died in 1898, and
quotes that section Of the Berlin treaty
which stated that his successor shall be
dulv elected according 20 the laws and
customs OF Samoa
Justice chambers decision that Mat3afa
is lneligable for the Hngship is evidently
due 20 the Introduction " a copy Of the
Berlin treaty together with the protocols
Of the nine sessions Of the Berlin con-
frrencc, as in his decision he says:
Reference was specially directed by
counsel for the contestant, Maleltoa
Tanumfalin. to page six Of the document
before referred TO on which Is found the
instruction Of the marquis Of Salisbury
to the British plenipotentiaries regarding
the restrictions upon the liberty Of choice
OF king, to page A. upon which IS found
the report Of the committee on the form
Of government In which restrictions as
to candidates are sGggcsted to page a.
In the fifth session of the conference upon
the time when the subject of the election
Of a king was under discussion. count
Bismarck consented to the principle OF
the election OF a king but did 80 upon
the condition that an exception should
he made I'm the person Of Mataafa, owing
1 10 fff.N Hanrh As fatlf4 4ful "a
land under mis- authority. In this connec-
aion. Sir r. Mnlet. senior plenpotentiary
on behalf OF Great Britain voiced the
, sentiments OF all the other plenipotntia-
rles that the exception be made by Count
| Bismarck was fair and reasonable, stating
that his government would probably have
entertained a similar decision had similar
outrages been committed on British sail
ors
MALIETOA is KING
Not only is the intention without doubt
and unequivocal but is is so plain as tc
be mandatory on the Interpreter. As the
judicial office nominated by the three
signatory powers agreed to and commits
stoned by the government of Samoa anC
thus designated by them all to decide this
louestion and appealed to by the contest
3. I
obey the plain and emphatic declaration
OF the trainers of the treaty when they
declare that one exception must be mad'
amongst all people from Samoa from
eligibility to the kingshp. 1t is plainl!
stated by one OF the powers representa-
in the conference as condition preee
dent to its consent to the principle OF tn
election OF a king that there must be al
/ iaV 4
I'm the person of Mataafa. Reasons wer
given for making the exception whicl
not only commended themselves to tn
other plenfpotentiaries and commanded
| their assent and appealed to the mghe
instincts of universal humanity.
AS long as this condition remains In tn
nrotocol and until II Is stricken out o
altered by the same powers that places
!, tbore n judicial office whose right L
exercise the functions OF his Office de
nerds upon the same treaty and protocol
cannot give and interpretations to artlcl
ono than that so manifestly and manda
toriIy stated in the protocol OF uhe hi'i
session OF the conference.
If IS therefore decided that Mataafd
because OF his ineHgibilty, has not beei
rle.htfully elected or appointed king o
samoa conformably with the privosions
the Derlin treaty. II IS therefore unneces
sarv TO discuss at this time whethe'
there has been a compliance with IN
laws end customs OF Samoa not in eonhlc
herewith I'm connection with his alIege'
| election
, II Is furthermore decided that Maiiet''
Tonumfni being the only candidate 10
the klngship eligible thereto whose cleo
tion has been reported to the chief justice
and who is the contestant and claiman
lin this proceeding for the office Is elected
king of Samoa, and this decision Is mad'
lin writing conformably to the provisions
OF the Berlin act and to the laws ard Gus
toms OF Samoa not I'm conflict herewith.
| w. L. CHAMBERS
chief Justice OF Samoa.