The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-02-09
Details of the Uprising of Natives and
outrnges by Germans Following
Judge Chnmbers's Ruling.
SEVENTEEN SAM0ANS KILLED
AND TWENTY-ONE WOUNDED IN THE
FIGHT BETWEEN FACTIONS.
Everybody i'm Apia AnxiOusly Await
ing the Decision OF the Three
POwers-Chiefs DepOrted.

SAN FRANCISCO, Feb. S.-The Associ-
ated Press correspondent at Apia Samoa,
has forwarded by the steamer Moana, just
arrived here the decision of Chief Justice
Chambers awarding the kingship of the
Samoan islands to Malietoa Tanumahli,
which decision caused the outbreak between
the natives. The decision rehearses the his
tory of the appointment of Malietoa Lau-
pepa, the late King of Samoa who died IN
1Ses 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's de-
cison that Mataafa is ineligible for the
kingship is evidently due to the introduc-
ton of a copy of the Berlin treaty, together
with the protocols of the nine sessions Of
the Berlin conference, as in his decision
he says:
Reference was specially directed by coun-
sci for the contestant, Malietoa Tanumatili,
to Page of the document before referred
to. on which is found the instruction OF
the Marquis of Salisbury to the British plen-
ipotentiares regarding the restrictions upon
the liberty Of choice Of King; to Page AZ,
upon which is found the report of the COM
mittee on the form OF government, in which
restrictions as to candidates are suggested;
to Page AZ in the fifth session of the con-
ference, when the subject of the election Of
a King was under discussion and Count Bis
marck consented to the principle OF the
election of King, but did so upon the con-
dition that an exception should be made in
the person of Mataafa on account Of the
outrages committed by his people and under
his authority on dead and wounded German
sailors lying on the field Of action. In this
connection Sir L. Malet. senior plenipoten-
tiary, on behalf of Great Britain, voiced
the sentiments of all the other plenipoten-
tiaries that the exception made by Count
Bismarck was fair and reasonable, stating
that his government will probably have enc
tertained similar objection had like OUT
RACES been committed on British sailors.
I'VE have but to refer to the protocols TO
ascertain the undoubted and unequivocal in
tention of the trainers of the treaty Not
only is the intention without doubt and un-
equivocal, but it is so plain as to be manda-
tory upon the Interpreter As the judicial
officer nominated by the three signatory
powers agreed to and commissioned by the
government of Samoa and thus designated
by them all to decide this question and APP
pealed to by the contestants, / cannot throw
off the obligation to obey the plain and en-
phatic declaration of the trainers Of the
must be made amongst all people from Sa-
moa from eligibility to the kingship. 1t IS
plainly stated 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 an
exception. That exception Is mentioned in
the person of Mataafa. Reasons were given
for making the exception which not only
commended themselves to the other pleni-
potentiaries and commanded their assent
and appealed to the higher instincts Of uni-
versal humanity. AS long as this condition
remains in the protocol and until it is
stricken out or altered by the same powers
that placed it there, a judicial officer whose
right to exercise the functions of his Office
depends upon the same treaty and protocols
cannot give any interpretations to Article 1
than that so manifestly and mandatorily
stated in the protocol of the fifth session of
the conference.
1T is, therefore decided that Mataafa,
because of his ineligibility, has not been
rightfully elected or appointed King Of Sa-
moa, conformaby to the provisions Of the
Berlin treaty. 1T is, therefore, unnecessary
to discuss at this time whether there has
been a compliance with the laws and Gus
toms of Samoa not in conflict herewith in
connection with his alleged election.
1T is furthermore decided that Malietoa
Tanumadli. being the only candidate for the
kngship eligible thereto whose election has
been reported to the chief justice and who
is the contestant and claimant in this pro-
ceeding for Office, is elected King of Samoa,
and this decision is made in writing con-
formally to the provisions of the Berlin act
and to the laws and customs of Samoa not
in conflict Herewith"