The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1899-02-09

SAN FRANCISCO. Feb. s.--Tae Af~oci-
a;ed Press correspondent a. ApIa, Samoa.
has Forwarded the OCCASION o. Chief JUS
fsca Chambers. awarding the kiG9shif or
the Samoan Islands 10 Mslletoa Tanuinaftl.
which decision caused The outbreak between
the natives. Ths aec.sien rvheaySts tia
history of The appointment OF Mauetus
I.aupepsa the la.e kuS OF Samoa, who died
in Isgs. and quotes that eecs!on of the ber~
lii treaty which stated thar hls SUCCESSOR
shall 10 duly elected according to the kws
and customs OF Samoa.
Justice Cslam'ooss decision that Maiaafa
IS ineligible for the kingeslip Was cvt~
d~ntiy dus "a the Introduction 81 copy of
the Ber.in treaty, together with the pro-
tocols of the nine sessions OF the Berlin
conference. rs IN his decision he says:
Reference was specially directed ny
counsel for she contestant Malietoa Tan
unasfH, 70 page az the document before
referred 10. on w1tch are found the in
strucuons Of the Marquis cf Salisbury TO
The British pleg4yotsntaFy regarding tha
restrictions upon the liberty ~ choice of
kings: to page e., upon which is found the
report Of the committee on form OF goy-
ernment Ia which rexssTsrtiorS az 10 can
didates are suggested. to raee Il. Ia ths
Nth session of the conference. when tho
curs4on. Count Bismarck consented 10 the
principle OF the election Of n king, bat sitl
50 unon the condition tha: one exception
should he made In the pegsssn OF Mataafa.
on account Of the oufrages committed by
his people and under hia authority On dead
sn3 wounded German sailors lying on the
field OF action. In this connection Sir f..
Naict. senior ssenipotentiary. on behalf os
Great Eritaan. voiced the sentiments az oil
the other plerapotantiaries that tho exeel-
ton made by Couat Bismarck was fair and
reasonable. stating that his government
would have probably entertained n similar
objection had the like outragea been ecm-
mittei on British eaflors
I'VE have but to refer 10 tho protocols to
ascertain the uudoubged aud uneautvocal
intention Of the trainers Of the treaty. Not
only ~ the intention without doubt and un-
equiVccal. but |. is SO plain as 10 b. man.
datGry upon the interpreter As the nfdi-
cial officer nominated by the three sigma
tory powers. agreed 10 and commissioned
by the government ~ Samoa, and thus de-
siETated by them nj 70 decide this question
and appealed 10 by the contestants can
not throw of the obligation 20 ohev sha
plain and emphatic declaration of the franz
eTs Of the treaty when they declare that
one exception must be made amongst afi
The people Of Samoa from eligibility 10 tae
king@hip. IL ts plainly stated hy one of ths
powers represented In the conference az 4
condition precedent to its consent 20 tho
principle of election Of king thar thers,
must ha one exception That exception -
mentioned fin the person or Masaata Rea~
sons were given for making the exception
which not only commended themselves Il,
the other pleu5 potentjaries and Commanded
their assent. but appea'ed 20 the hlgaest In
stinets of universal humanity,
"As long as this condition remains IN ths
protocol and nniu il is stricken ont or al
tered by the same powers that placed IL
there. judicial officer whose rfgh, to ex-
ercise the functions ~ sis office depends On
the same treaty ana protocols cannot
give any Interpretation 10 article I than as
maaifestly and fnandatoriiy stated In tfs1
protocol OF the flfth session of the confer~
ence-
1T -. therefore. decided that as Mataass,
because ~ his inellRib1ify. haa not been
rlghifgliy elected or appointed king ~ sa-
m0a. conformah.y 70 ths provisions ~ tie
Berlin treaty II is. Therefore, anneesx s8ry
10 discuss AZ thfs time whether shata rs
toms Of Samoa not In coasict herewith in
cguneC ti0n with his alleged eleeglQn.
IT is furthermore decided hat Naise.na
Tan1rnaaii, befng the only candidate for Tho
ksugahip eligible thereto y hose election has
been reported ~ the cf1jsss justice and who
n me cortestaEt and claimant IN this pro-
ceeiiug far the office. Is elected king ne
Sts mna and tais 6eciKoa Is made In wriflnx
c0nformanly TO the provisions ~ tho Berlin
act and to the laws ard customs ~ samoa
not Ia conflict therewssh
w T. CHAMnERs