New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-03-10
DIR. RAFFEL 4yD JrSTICE CHAMBERS.

DR. RAFFEL AND JUSTICE CHAMBERS.
Or. Raffel. who was lately President Of the
Municipal Council of Apia and who took
prominent part In the recent controversy over
the KinCship of Samoa has arrived In this coun-
try on his way home to Germany, and has made
n statement concerning his action and that or
Chief Justice Chambers. He says, in brief that
he and the German Consul General did not
think the Chief Justice decided the dispute
properly and therefore they would not Join with
the British and American Consuls in enforcing
his decree That seems an extraordinary attl-
tude 10 assume. IL would make the COnsuls, or
indeed one of them, superior to the Supreme
Court Ii would make one of the COnsuls ap-
pointed by one Of the treaty Powers superior in
judicial authority to the Justice who is ap-
pointed by concurrence of all three Powers.
The act Of Berlin which Is the fundamental law.
declares that the Chief Justice shall nave abso-
lutte authority TO decide all disputes arising
under the treaty or concerning the election Of
King II does not make the Consuls. or any one
of them. Court Of Appeals above the supreme
Court II the Justice decided wrongly the Con
sus were privileged TO make representations TO
that effect 10 their governments. and If two OF
the governments took that same view Of the
case the Justice could he removed and his de-
cision reversed But the governments of the
treaty Powers were the only authorities that
could take such action. and until they did take
II the Consuls were bound 70 accept the decision
OF the Justice.
There has been some talk about the possible
recall OF the German Consul General. and an in
timation that II Germany does recall him the
United States ought 10 recall the Chief JUS
tice. That we must regard n hopeless non
sequitur. Whether either Of those officers has
ransgressed propricty and should be removed
from his place is not n matter for present dis
cussion 1t must be determined by more care
full and authoritative investigation than has, to
our knowledge, yet been effected But what
Is or should BE- perfectly clear is that what Is
sance for the consular coose--not 10 speak dis
respectfully-is not at all necessarily sauce for
the judicial gander. The two men are not IN
the same status, neither in functions nor in
appointment.
The German Consul General Is there TO at
tend tc the business Of the German Empire
and 10 serve its interests The Chief Justice
Of the Supreme Court is there TO attend to the
business Of oil men without regard to nation
atty and to administer justice TO them Impair
italy. The former. moreover. is appointed by
the German Government alone while the latter
Is appointed by all three OF the treaty Powers,
or. in case of their lack Of agreement by the
King Of Sweden and Norway acting as an i'm
p' rtial umpire The Consul is subject TO the
usual consular rules Of tenure and removal. but
the Justice is removable only for cause at the
request of a majority of the treaty Powers.
But perhaps the most significant feature OF
the whole case IL that conveyed in Yesterdays
AAws from Samoa, which arrived here simulta-