Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1902-10-23
KING'SVERDICT
D|SPLEASES
AMERICA
UNCLE SAM CANNOT ACCEPT
KING OSCARS DECISION AS
ESTABLISHING PRECEDENT
IN REBELLION CASES.

WASHINGTON. Oct. Am intimation
has been received here that King oscar OF
Sweden. who Is acting as the arbitrator
OF the question between the United States,
Germany and Great Britain. growing out
OF the samoan rebellion Of 1Ss9. viii de-
eide that the facts presented 10 him in
the briefs OF the counsel. which have been
pending for a year. warrant him in pro-
seeding TO assess the damage sustained
By foreign residents OF Somoa. as result
q the landing Of a combined force OF
American and British sailors and marines
and the destruction OF property incident
70 the ensuing fight with the rebels
By the terms Of the treaty under which
the three powers agreed 70 submit these
claims 70 arbitration. the arbitration was
first 70 declare whether or not the Amer
leans and British were at all liable for
damage. and II 50. then he was to deter
mine the amount Of that liability He has
decided the first question In the afiirma-
tive. though IL Is stated here that no on
clal notice 10 that effect has been yet
conveyed to our government
The next step Is 20 fix the amount OF
damages. and this must be done by King
Oscar upon the basis Of the facts now
20 be presented BY the representatives OF
the governments concerned The German
claims are far larger than the others.
amounting TO sl03slS, while the American
claims are sT7.6a5. and the British only
ssz5
There are claims OF nations not party TO
the arbitration that may be included in
the final judgment. but these are not Of
much consequence Altogether the total
OF the claims is not imposing. and il is
certain from the nature Of the proof ad-
duced IN support OF many OF them that
even the total viii be heavily scaled down
By the arbitrator
- = a. rnf the amount of unnEW in
VOWED IN this approaching decision OF the
arbitration that concerns the government
or the United States. but rather the
enunciatfon Of a principle which. IL ac-
cepted as q precedent. would be unpalat-
able and would seriously restrict Ameri-
can rights IN the case OF the revolution
or riot, jeopardizing the lives and prop
erty Of our friends. that IL would amount
70 the total withdrawal Of protection
This can never be admitted. and so il
may &c positively stated. that, while the
United States government viii accept the
arbitration soyaIly and pay any damages
assessed against Il. IL viii utterly refuse
20 be bound BY such principle or TO rec
oxnfze Il as establishing a precedent.
Otherwise the United States government
could be held liable for enormous dam
ages IN cases where Il lands troops up
on the Tsthmus of Panama. resulting in
q collision with rioters or rebels. even
though the government is solemnly bound
BY treaty TO preserve free traffic across
the isthmus. For IL Is pointed out that
similarly. the United States was bound by
a treaty In the case OF Samoa TO pre-
serve the integrity OF the titular govern
ment and IL was IN the course OF an EFFORT
70 discharge this duty that the claims
were originated II our naval vessels
cannot interfere 10 preserve life and prop
erty IN the presence OF a specific treaty,
OF course they would be still more help
less without a treaty and they could not
land marines In any OF the West Indian
or Central or South American ports in
any emergency without risking liability
for heavy damage.
These considerations viii lead TO the
declination 70 recognize the difference as
a precedent, and incidentally to the sub
mission OF the next similar case to The
Hague tribunal In the hope of another
and different decision.