The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-02-09
THE TROUBLE IN SAMOA
Germany Responsible for the De-
feat of Mataafa.
THE TREATY OF BERLIN
1t Was at Gsrmany's Request That the
Unthroned Chief Was Forever De-
barred From Assuming the
Kingship of Samoa

San Francisco. Feb. S.--The Apia cor
respondent of the Associated Press has
forwarded the decision of Chief JUS
tice Chambers awarding the kingship
of the Samoan islands to Malietoa
Tanumafii, which decision caused the
outbreak between the natives The de-
cision rehearses the history of the ap-
pointment of Malietoa Laupepa, the
late king of Samoa, who died in 1885,
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 decis-
ion he says:
Reference was specially directed by
counsel for the contestant, Malietoa
Tanumaf1li, to page six of the docu-
ment before referred to. on which is
found the instructions of the Marquis
of Salisbury to the British plenipoten-
tiaries regarding the restrictions upon
the liberty of choice of kings to page
AZ. upon which is found the report of
the committee on the form of govern
ment in which restrictions as to candi-
dates are suggested to page n in the
fifth session of the conference when the
subject of the 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 one ex-
ception should be made in the person
OF Mataafa on account of the out
RACES committed by his people and I'M
der his authority on dead and wounded
German sailors lying on the field of
action. In this connection, Sir f. Ma
let, 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 reasonable. stating that
his government would have probably
entertained a similar objection had the
like outrages been committed on Brit
ish sailors.
We have but to refer to the proto-
coils to ascertain the undoubted and
unequivocal intention of the trainers
of the treaty. Not only is the intention
without doubt and unequivocal, but it
Is SO plain as to be mandatory upon
the interpreter AS judicial officers
nominated by the three signatory DOW
ers, agreed to and commissioned by
the government of Samoa, and thus
designated by them all to decide this
question and appealed to by the confess
tants cannot throw off the obligation
to obey the plain and emphatic dec
laration of the trainers of the treaty
Wnen they declare that one exception
must be made among all the people
OF Samoa from eligibility to the king
ship. 1t is plainly stated by one of the
powers represented in the conference
To,
sent to the principle Of the election of
a king, that there, must be one exeep-
ton. That exceptionAis mentioned in
the person of Mataafa. Reasons were
given for making the exception which
not only commended themselves to the
other plenipotentiaries and commanded
their assent, but appealed to the high
est instincts of universal humanity.
AS long as this conclusion remains
in the protocol and until it is stricken
out or altered by the same powers that
placed it there, judicial officer whose
right to exercise the functions of his
office depends upon the same treaty
and protocols. cannot give any inter-
probation to article one than that SO
manifestly and mandatori1y stated in
the protocol of the fifth session of the
conference.
1t is therefore decided that Mataafa,
because of his ineligibility, has not been
r1ghtfully elected or appointed king of
Samoa, conformably to the provisions
OF the Berlin treaty. 1t is therefore I'M
necessary to discuss at this time
whether there has been a compliance
with the laws and customs of Samoa
not in conflict herewith, in connection
with his alleged election.
1T is Furthermore decided that Ma
lietoa Tanumafili being the only candi-
datee for the kingship eligible thereto,
whose election has been reported to the
chief justice, and who is contestant and
claimant in this proceeding for the Of
flee. is elected king of Samoa, and
this decision is made in writing con-
formally to the provisions of the Ber-
lin act and to the laws and customs of
Samoa, not in conflict herewith
wv. l.. CHAMBERS,
"Chief Justice of Samoa"