The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-04-13
That Samoan Affair.

In view of the latest occurrences at
Samoa it becomes important to con-
slider the law upon which Admiral
kautz based his proclamation to the
rebellous natives to disperse. their
disobedience of which, under inspira-
ton from the German consul, led to
bloodshed and International trouble.
This law, known as the treaty Of Ber-
lin, was framed with view of avert
ing just such frictions as have re-
Gently arisen in Samoa. Four govern
mants We're concerned in it-Great
Britain, Germany, the United States
and the native Samoan government, a
creation of the other three. The consuls
of these three powers were to consti-
tute, with the native king, a council
of administration, but over ALL as an
umpire with power to decide disputes,
was chief justice, whose decisions
within specified limits We're to be
final. This chief justice at present is
an American, whose nomination was
unanimously accepted by the three
powers. The treaty thus defines his
powers:
an case any question shall hereafter
arise In Samoa respecting the riEhtful
appointment and election of kings or any
chief claiming authority over the island
OF respecting the validity of the powers
which the king or any chief may claim
in the exercise of his Office, such question
shall not lead to war. but shall be pre-
sented for decision TO the chief Justice
of Samoa, who shall decide it in writing
conformably to the provisions of this act
and to the laws and customs of Samoa
not in conflict Herewith, and the sigma
tory government will accept and abide
by such decision"
The chief justice can be removed
under the following conditions:
I'm case either of the four governments
the fourth government here referred to
the Samoan government shall at any
time have cause of complaint against the
chief justice for any misconduct in Office,
such complaints shall be presented TO the
authority which nominated him; and If
in the judgment of such authority there
IS sufficient cause for his removal, he
shall be removed. If the majority of
the three treaty powers so request, he
shall be removed"
As the case stands, Germany through
her consul has not accepted nor abid-
ed by the decision of the chief justice
with reference to the election of a
native king. The German consul has
supported Mataafa while the English
and American cOnsuls and the chief
Justice have upheld as valid the elec-
tion of Malietoa. A majority of the
three treaty powers have not requested
that the chief justice be removed, the
opposition to him being exclusively OF
German origin. As the New York Sur
remarks, "if Germany has cause fol
dissatisfaction with his decision, or il
she imputes 10 him misconduct in of,
fice, it is her right under the treaty
to request that he be removed; and il
she can persuade one Of the other tive
siguatory powers, whether Grea
Britain or the United States, to joir
in her request, thus making major
ity removed the chief justice may be
Bur to maintain or demand, as q min
ority Of one, that the decision of thu
chief Justice shall be overruled, o
shall he regarded as invalid, because
she does not acquiesce, is the SAM
thing on her part as tearing the treat!
TO pieces and fiinging it to the hurri
canes that sometimes blow in Apl,
bay"
1t can be seen from the foregoing
citations from the text of the Berlil
treaty that the government of Ger
many has been put in the wrong b,
the actions of its consular represen
tative at Apla and that Admira