The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-02-10

At last we get from Apia a summary OF
the Supreme Courts decision in the election
dispute that caused so much excitement
and bloodshed. The ground for declaring
MATAAFA disqualified as a candidate for
the throne was that, at the Berlin confer
ence, when the choice OF a King was I'M
der consideration, BISMARCK insisted that
MATAAFA should not be eligible, because
his troops were guilty Of outrages on the
dead and wounded German sailors whom
he defeated and the British representative
conceded this exception to be fair. The
Chief Justice ruled that this was a perma-
nent disqualification, and therefore that
the votes for MATAAFA must be thrown
out, although they were a large majority
OF those cast.
1t must be said. however, hat nc such
disqualification appears in the treaty OF
1883. ArticleI ]. ofthatd document, as ratified
by the Senate early the following year, de-
clares that the three powers recognize
the independence Of the Samoan Govern
ment, and the free right OF the natives to
elect their King or chief and choose their
form Of Government according to their own
laws and customs" 1t further declared
that MAnIEToA 1. should be recognized by
the three powers as King, " with a view to
the prompt restoration of peace and good
order in said islands, and in view OF the
difficulties which would surround an cleo
ton in the present disordered condition
Of their Government - but it was ex-
pressly stipulated that his successors
shall be duly elected according to the
laws and customs OF Samoa" 1t becomes a
question, therefore, whether BIsMARCK's
objection to MATAAFA, perfectly natural
when the alleged i'll treatment Of the de-
feated Germans was fresh, and when the
three covers were to select the first SOW
especially as the objection presented in
debate did not appear in the agreement that
MALIEToA's successor should be chosen ac-
cording to Samoan customs and laws.
Another point to note Is that after the
death OF MALIEToA, last August. and before
| the election, MATAAFA was brought back
| from the exile to which he had been con-
demned by the three powers, and brought
back, too, with the approval Of Germany's
Official representatives in the islands and on
a German ship. II that did not look like a
conformation Of the offences which Germany
| charged him with ten years ago her belief
In his eligibility to the throne was certainly
indicated when her representatives openly
supported his candidacy.
The queer feature Of the controversy, in
short, is that whilo the Supreme Court was
basing its decision against MATAAFA on a
German objection to him expressed in
1889, to which the United States and Great
Britain then deferred, the Official repre-
sentative Of Germany at Apia was proceed
ing on the ground that his Government did
not oppose him in 1898, but would regard
him as the lawfully elected King.
1t seems to US, however. that this very
fact suggests q possible solution OF the
difficulty. II Germany never intended the
permanent ineligibility OF MATAAFA, the
other two powers. which recognized 1t in
1889 out of courtesy to her, may not insist
upon it now, or course the misconduct
charged against Consul ROSE and DR.. RAY