New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-11-18
KING OSCARS DECISION
GERMAN VICTORY COMPLETE IN THE
SAMOAN ARBITRATION
RULING AGAINST THE UNITED STATES AND
GREAT BRITAIN ON EVERY POINT
TEXT MADE PUBLIC IN
THREE CAPITALS

THREE CAPITALS.
Washington. Nov 17-By previous arrange
ment between the principals the full text Of
King Oscars Samoan decision. the substance of
which was given exclusively in The Tribune on
October %. was made public to-day in Wash
ington. London ana Berlin. The decision
abounds in whereases and conclusions and
shows that Germany won a more sweeping VIC
tory in the arbitration than officials here had
supposed. It appears that every point the
arbitrator adopted the most extreme German
view in opposition to the United States and
Great Britain
The arbitration grew out of claims by Ger
man or British subjects or American citizens
for compensation account of losses they al
legged they had suffered in consequence OF I'M
warranted military action the part Of Ger
man. British or American officers in Samoa be-
tween January l. 1899. and May Is following.
The question really at issue was whether or
not the governments of Great Britain and the
United States should be considered responsible
for the losses
BRITISH-AMERICAN CLAIMS DENIED
The arbitrator rectes that the United States
ship Philadelphia and the British ships Porpoise
and Royalist on March 10 1899 opened fire
across the town Of Apa, Samoa. directing the
same against the forces of High Chief Mataafa;
pointed King of Samoa Malietoa and his forces
10 Mulinuu Point and supplied arms and am
munition them for the ensuing struggle
against Mataafa. IN answer to the British and
American contentious that under the Treaty OF
Berlin any one of the signatory powers was fully
authorized TO enforce the decision of the Chief
Justice of Samoa declaring Manetoa King the
arbitrator says:
We have found nothing in the said general act
or any subsequent agreement which authorizes
one or the slgnatory powers, or majority OF
them, to take action to enforce the conditions
Of the act or to make the decisions Of the Chief
Justice binding on the powers
It is said that the British-American military
action had the character OF serious control
the Samoan Islands and the government
thereof" which was prohibited by Article I of
the general act
The arbitrator insists that the Berlin con-
ference aimed to establish a principle that in
their dealings with Samoa the powers could
pro, ID only by common accord. and that as
the consular representatives of-the three powers
by proclamation had recognized the provisional
government of Mataafa the powers themselves
were bound on principles of international good
faith to maintain the situation until by common
accord they decided 10 change il. The action Of
the British and American authorities. tending
10 overthrow the provisional government there
aforesaid obligation and cannot be justified
either the plea OF the validity initio Of the
said provision Of the government or its estab-
lishment under species Of force majeure."
Regarding the British American complaint
against the German Consul for his refusal to
sustain the decision OF the Chief Justice the
arbitrator holds that 1t cannot be considered
/ 70 have been the duty of the German Consul 10
take part in the issuance OF said proclamation.
and ii has not been proved that with regard to
said decision any steps were taken by him con-
trary 10 the general act and therefore no re-
sponsibiIity attaches for the attitude taken by
him in this respect"
MILITARY ACTION HELD UNWARRANTED.
The arbitrator meets the British-American
contention that their military action was war
ranted because necessary for the protection of
lives and property which it their duty TO
safeguard by the fiat statement that I'VE have
found nothing in the evidence before us to show
that the general condition Of affairs was such
as 10 render the military action necessary for
the protection Of lives and property and then
goes on 10 show that Mataafa never intended
TO cross the bay that time and make an at
tack on the consulates, and account Of the
state Of the tide could not possibly have done
so at that time.
The decision further recites that Malietoa had
been completely defeated before the arrival of
the Philadelphia. but that the United States
! admiral and the British authorities brought
! back his warriors and armed and provsioned
! them giving them ammunition. which. under
/ the treaty. should have been issued only at the
unanimous request of the three consuls.
The decision closes as follows:
/ That the military action in question, viz, the
/ bringing back Of the Malietoans and the distri-
| button 10 them of arms and ammunition, the
! commandment the military operations on shore
and the stoppage Of the street traffic cannot be
/ considered having been warranted;
And that therefore. His Britannia Majesty
/ Government and the United States Government
/ are responsible under the convention of the 9TH
Of November, 1899. for losses caused by said
I military action
While reserving for future decision the ques-
ton TO the extent which the two govern
ments, or each Of them, may be considered re-
sponsibe for such losses. OSCAR.
!