The record-union., 1899-02-09


Court. and them decided tl2At the Presi-
dent was the acting Chief Justice, and
that Chief Justice Chambers no longer
held Office. They seized the Supreme
Court and placed new locks upon all
the doors.
Chief Justice Chambers and the Brit
ish and American Consuls issued
proclamation that the court would be
opened by him as usual in the morning.
Captain Sturdee of the Porpoise gave
notice that if any resistance to the
opening of the court by Justice Cham
bers was offered the Porpaise would
open fire On the town. Captain Sturdee
also appealed to- the German Captain
for assistance, without avail.
Mataafa. upon receiving Sturdee's ul-
timatun, withdrew his armed guard
from the Courthouse, and on January
7th the Chief Justice and the two Con-
su!s walked to the Courthouse, and
after an exciting colloquy with the
German officials Chambers ordered the
door broken open with a sledge ham
mer. The session of the court was then
held Three cheers for the Justice and
the British and American Consuls were
given by the British and Americans,
and the crowd dispersed.
Ali is now quiet, and so far as fight
ing is concerned, is so up to date. The
Chief Justice has sent his family to
Auckland, and he himself is On the
Porpoise The Germans still insist
upon DR.. Raffel as Chief Justice.
On January 10Th the wealthiest Ger
man merchant in Samoa smashed all
/ hn in, ha
building. He was fined 500 and
sentenced to 100 days imprisonment
In the court he insulted the Judge, and
gloried in the deed. He was sent to
Jail, ard late that night DR.. Raffel,
claiming to be Chief Justice, ordered
the jadlkeeper, a Swiss with German
sympathies to take the prisoner to the
German Consulate. This was done, and
the next day the merchant was fined
f3O by the German Consul.
Everybody in Apia is anxiously
awaiting news of action by the three
Powers. The action of the provisional
Government in deporting the Malietoa
chief is claimed to be in direct opposi-
ton to the agreement made with the
Consuls. Sixty chiefs were sent to
Mauua, but, owing to bad weather,
could not reach that island. They were
taken to Tutuila by the Pago-Pago peo
Pile, who have declared their allegiance
to Malietoa. They tried to capture the
guard with the prisoners, but the
schooner got under way too quickly.
Everything points to another fight
among the natives at no distant time.
Part of the Mataafa people are diseatis-
fled With the looting and the deportation
Of the chief, and are now talking of
uniting with the Malietoa faction. Dur
ing the fighting between the natives
Mataafa's party lost thirteen killed
and fourteen wounded, and the Kings
party lost four killed and eight
wounded.
CHIEF JUSTICE CHAMBERS DE-
CISION. M
SAN FRANCISCO, Feb S-The AS
ISOLATED Press correspondent at Apia.
Samoa has forwarded the decision of
Chief Justice Chambers awarding the
Kirgship of the Samoan Islands to NAL
ietoa Tanumafili, which decision caused
the outbreak between the natives. The
decision rehearses the history of the
appointment of Malietoa4 Laupepa, the
late King of Samoa, who died in 1898,
and quotes that section of the Berlin
treaty which stated that his successor
shall be duly elected according to the
laws and customs of Samoa.
Justice Chambers decision that Ma
taafa is ineligible for the Kingship was
evidently due to the Introduction of a
copy of the Berlin treaty, together with
the protocols of the nine sessions Of
the Berlin conference, as, in his deci-
sion, he says:
Reference was specially directed by
counsel for the contestant, Malietoa
Tanunafili, to page 6 of the document
before referred to, on which is found
the instructions of the Marquis of Sal
isbury to the British plenipotentiaries
regarding the restrictions upon the lib
erty of choice of Kings; to page AZ,
upon which is found the report of the
Committee on the Form of Government.
in which restrictions as to candidates
are suggested; to page Al, in the fifth
session of the conference, when the sub
ject of election of a King was under
discussion. Count Bismarck consented
to the principle of the election of a
King. but did SO upon the condition that
cne exception should be made in the
person of Mataafa, on account of the
outrases committed by his people and
under his authority, on dead and
wounded German sailors lying on the
field of action. In this connection Sir
Email, senior plenipotentiary on behalf
Of Great Britain, voiced the sentiments
of all the other plenipotentiaries, that
the exception made by Count Bismarck
was fair and reasona BILE, stating that
his Government would probably have
entertained similar objection had the
like outrages been committed on Brit
ish sailors
I'VE have but to refer to the protocols
to ascertain the undoubted and une-
quivocal intention of the trainers Of the
treaty. Not only is the intention with
out doubt and unequivocal, but it is so
plain as to be mandatory upon the in
terpreter. AS the judicial officer nom
mated by the three signatory Powers
agreed to and commissioned by the
Government of Samoa, and thus desig-
mated by them all to decide this ques-
ton, and appealed to by the contest
ants, I cannot throw off the obligation
to obey the plain and emphatic declar-
ation of the trainers, of the treaty when
they declare that one exception must
be made among all the people of Samoa
from ineligibiEty to the Kingship. It
is plainly by one of the Powers repre-
sented in the conference as a condition
precedent to it's, consent to the principle
of the election of King that there
must be one exception. That exception
is mentioned in the person of Mataafa
Reasons were given for making the
exception, which not only commended