The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-11-18
KING OSCAR'SSAMOA DECISION.
1T rs ADVERSE TO ENGLAND AND
THE UNITED STATES.
Every Contention OF Germany Il Held TO
he Correct-Trxt or the Decision
Made Public In Berlin, London and
Washing On-Reyiew Of the Troubles.


he Correct-Text OF the Decision
! Made Public In Berlin. London and
| WashinK On-Review Of the Troubles.
WAsHISoToN Nov. I7.-By mutual ar
| rangement between the governments Of
Great Britain. Germany and the United
| States. the official text Of the decision rem
dered by King Oscar of Sweden in the arbi-
| traton of claims for damages done TO
| foreign and native property in Samoa by
| English and American warships. in the
rebellion Of 1899 was made public in London
| Berlin and Washington to-day. The de-
| cision is adverse to England and the United
States. which must pay the awards OF
| damages to be made by King Oscar later on
| Germany is not made amenable to dam
| age. her warships or armed forces not hav-
| ing taken part in any attacks on the Sa-
means. and complaints by the United States
| and Great Britain against the German
| Consul az Apia are not sustained. In fact.
every contention made by the United
States and Great Britain in justification
Of their course in the Samoan troubles is
| denied while every contention of the Ger
| mans j. held 10 he correct hing Oscar
DEGREES that the British and American au-
! thoritieS were unwarranted in taking sides
with Malietoa against Mataafa.
In submitting the case To King Oscar. the
| Government Of Germany contcnded that
| the military action taken by the British
! and American navd! officers was wholly UNI
warranted and that these governments
ana not Germany were responsible for the
| losses incurred by Germans and persons
under Germany's protection.
On NE oia,r hand the British and Amcri-
| can governments argued that this military
| action was Lot ur.varrant. q. but rne ncccs-
| sSIy ana unsuitable, and that therefore
| uu claims were entitled to cons. =. Iat' on
by tho arbitrator. King Os,er Icic!s to
| thosr opposite contentious ana says ii,tt
the primary Gus.tion 20 bc Get"i"up,d
was Nhcth"i tie military action 2onccrnrG
| was or vea not ui.WdrraH''d. lie there
tOIc col,!C.h 'is at;cnuon 10 th.so cons.d
oraliuE-, loeNns The cue st!on Of damages
| 10 be Il 'tcfJu.icG later.
| 4 rtNiev q! &c SrlHO2n troubles Is given
by hng Os'ai, beeiirInc With lie action
Of lie United ii'atr, snip iHilaGr!r'lia,
md II u NJ = sh,g, torpc!-" I'D io'alst
n cicnlg ira ON "a. forces Of Ma'aaia.
| bach al Sgros. 81 hat time tho Ameri-
can ana Rt.j,sn wdrliTr brought 20 Alia
| non other Carr- u %rr,oG laoHf Of tht
HGtcreAts at Mn!etoa, VIC was DECLARED
ny 10y G''i>,cn ul -" t'!icf tustiC" q!
s,,rrog. and fuiu,si,,. item With AIMS AID
aurnufit,oL. H. 81. haif!ng hat followed,
BE American and British -i.Is honh8rded
-Ior. riisr-- and !aTucd forces in order
| 20 co'uI~l MltGata 20 submit. In these
/ sc'ious =" hritish and American govern
! 'nen'S hrlQ Il At under The terms uf 'lr
I Rrrlir oct. bv NJ iCh tl'v agreed With
| Germany 10 eArrti.. Il tVrNrthc piot,C-
| 'Cra,o O'er tie S-u "du isa nGs, any one Of
the sigra,pfy Pcwers ives 'rliy justified
IA 'nfor, rs Il " uecis.ou 81 the Chief jus
| t.ce. hing CStH says Of this Corten'icu'
", l,v" found rothinv ir u" said general
| act, o. any -Ghs' Gueut agreement, which
| authorizes IN" IT th' sicrs'orN nnwers. or
| majority of them. TO take action ~ rniorC. the
| Iuov!> ,ors Of The ret or he decisions OF the
| C'icr Justice birding On ~" Powers
on tho contrary, he saws il is expressly
! provided that neither Of the Powers shall
| exercise any separate control over the Gov
| eminent of Samoa. and holds that the mill
tarv action Of the United States and British
| governments undoubtedly had the char
acter of a SERIOUS control over The Samoan
islands and the Government thereof"
| King Oscar refers 10 the action of the con-
suar Representatives al Apia in recognizing
| Mat aa ia and thirteen of his chiefs as a pro-
visonal government. pending instructions
! from the three treaty Powers, These
| powers, he asserts, were bound by prn-
ciples of International good faith to main
/ tain the situation thus created. The action
Of Great Britain and the United States. IL
Is held was therefore contrary to this obiga
zion and cannot be justified on the plea
neither of the validity ab inltio of the said
| provisional government nor its establish
ment under a Species of force ma jeurc."
In the argument presented to King Oscar
the English and American governments
maintained that the refusal Of the German
! Consul at Apla to sign the proclamation
declaring Mahetoa King, proposed by the
other Consuls after the Chief Justice had
decided in Malicious favor, should bE taken
into consideration a. showing that the at
! tltude Of the German Consul was a direct
violation of the Berlin General Act. King
Oscar disposed OF this briefly. He said:
| 1t cannot be considered. to haze been the
duty OF the German consul 10 take part IN N"
decision any steps were taken by him con
trsry 20 the general act. and therefore no re-
sponsblhty attaches for the attitude taken
by him in this rspect
This Government and the British Govern
ment contended that whether there was or
was not authority 70 insist by force on the
acceptance Of the provisions Of the Berlin
at, their military actions were not unwar-
rauted because they were necessary 70 pro
tect life and property and because Mat aafa
started the fight by rushing on the British
and American consulates and In threatening
| a place where American and British blue
| jackets were stationed
| King Oscar says that he found nothing in
| the evidence 70 show that the condition Of
affairs was such as TO render military action
necessary TO protect lives ard property and
| adds that the rush was not "and never was
meant to be" an attack on the c1nsulates
but was simply drec.e ed against some fleeing
women, and that no attack was intended on
| the blue jackets 10y the MAJ aafans who were
going in direction opposite to where the
Americans and British we're stationed when
the firing began. On account Of the state
ofthe tide, saws King Oscar, it was not even
| possible Al the time to pass that way.
King Oscar cites that the Male, ans had
been completely defeat ed by the Mataafais
and deported to distant places whcu
the Philadelphia arrived. but that Mataafa
was ordered away from his Headquarters