New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-03-12
LAST WORDS ON SAMOA.

The German Government has published what
might well be the last words In the cnrreht
Samoan controversy. few days ago II was
announced from Apa that the German Govern
mcnt had directed its ConsuGcneral there to
withdraw from his attitude of opposition to the
Supreme Court. and to submit TO the author
ity of that tribunal. Full explanation OF that
announcement now comes To hand. The BcrlIh
"Reichsanzcigcr'' prints-of course. by imperial
authority the official dispatches of the Ger
man Consul-Ccneral. relating from his point OF
view the story of the recent troubles. and CIV
ing his own best plea for justification OF MS
conduct. Apart from some minor features OF
the case these dispatches form. on the main
issue. the strongest possible condemnation OF
the Consul Generals conduct, and make it dim
cult 10 see how the German Government could
have done otherwise than TO rebuke him and
10 order him 10 obey the mandates of the SUI
prcme Court.
The Consul Generals story is briefly this:
The Chief Justices decision in the kinGship
dispute was not accepted by the Mataafa party,
snd serious disturbances arose. The foreign
consuls and naval officers formed Provisional
Government for the restoration and preserva-
ton of peace with DR. Raifel ut It's head ms
Provisional Government did good work. But
the Chief Justice held that it did not supersedc
him. but left him. his court supreme ana
independent as before. The COnsu-Cieneral
took the opposite view, and insisted that as
the Chief Justice and the Provisional Govern
mcnt were not in agreement. the former must
Weld to the latter. and DR.. Rafe must sue
coed Mr. Chambers as Chief Justice. Accord
inglv. the Consul-General and the head OF the
Provisional Government took possession of the
Supreme Court and DR.. Raffel exercised the
functions of Chief Justice.
That is TIE German Consul Generals case,
and stronger one against himself and DR..
Raffel could scarcely he conceived For. as we
have hitherto pointed out, the Chief Justice or
the Supreme Court Of Samoa is appointed ana
commissioned. not by any local authority. but
under the Berlin Treaty and by the three sig
natory Powers His status is explicitly defined
by that treaty. And any alteration of that
status woull he an alteration or abrogation OF
the treaty. Surely II cannot be for moment
contended that n Provisional Government or
n funta Of "onsulS and naval officers. has au-
thorty 10 abrogatc or 10 modify the terms OF
n treaty between sovereign Powers. Ihat
would he new diplomacy" with vengeance
No: the Consu-Gcncral's dispatches are per
feet vindlcaton Of the position we have from
thc first maintained. The treaty Is the SUI
prcme law It tells how the Chief Justice Is To
he chosen and how he may be removed. Mr..
Chambers was chosen and commissioned ac-
coriing to the treaty and DR.. Raffel was not.
Therefore Mr. Chambers. and not DIR. Raffel. Is
Chief Justice Mr. Chambers was not removed
according 10 the terms Of the treaty. and there
fore he was not legally removed from office.
II is an old saying that there are judges IN
Perrin" The German Government l. mindful
Of that principle II realizes If It's ovcrzealous
agent at Apia does not. that il is essential 10
maintain the independence and authority OF
tho judiciary. at least coequally with that OF
The Executive II realizes. too. that solemn
FRENZY between sovereign Powers Is not thing
70 be PLAYED fast and loose with by petty bu-
reaucratS SO il adopts the course Of reason.
Justice and honor II may have fault to fnd
with the Chief Justice and want him to he re-
moved II may want the treaty to he modi-
fed Those things are within its right But
thev will come if at ALL in their own good
time. The first duty Is TO respect the authority
Of the court Gcrmanys court just as much
os ours-aud to maintain the supreme sover-
dignity of the treaty. That. as we understand
II the German Government Is now doing And
Il coud have wished no stronger argument for
the need Of doing it than Is provided in the
official diSpatchcS of rs own Consu-General.