The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-11-03
OBJECTS TO
THE PRINCIPLE
SAMOAN ARBITRATION LEADS TO
AN UNEXPECTED AND UNWEL-
COME RESULT.

WASHINGTON, October 22.-An in
timation has been received here that
King Oscar of Sweden who is acting as
the arbitrator of the issues between the
United States, Germany and Great
Britain growing out Of the Samoan re-
belion of 1899, will decide that the facts
presented to him in the briefs Of coun-
sci, which have been pending for nearly
year, warrant him in proceedings TO
| assess the damages sustained by for
eign residents of Samoa as a result OF
the landing of a combined force of
American and British sailors and ma
rines and the destruction of property
incident to the ensuing fight with the
rebels.
BY the terms of the treaty under
which the three powers agreed to sub
init these claims to arbitration the ar
bitrator was first to declare whether
| the Americans and British were at all
liable for damages and if so he was to
determine the amount of that liability
He has, it is understood concluded to
decide the first question in the affirma-
tive, though it is stated here that no
official notice to that effect has yet been
conveyed to our Government.
The next step is to fix the amount
| of the damages and this must be done
| by King Oscar, on the basis of the facts
now to be presented by the representa-
tives of the Governments concerned.
| The German claims are far larger than
| the others.
| 1t is not the amount of money in
volved in this approaching decision of
| ha
eminent of the United States, but
rather the enunciation of a principle
which, if accepted as a precedent.
would be unpalatable and would so
| seriously restrict the assertion of
American rights in foreign countries in
case of revolution or rioting, 1eopardiz-
ing the lives and property of our citi-
zens, that it would amount to the total
| Withdrawal of our protection. This
cannot be admitted, and so it may be
! positively stated that while the United
states Government will accept the
arbitration Loyalty and pay any dam
| ages assessed against it, will abso-
| lutely refuse to be bound by such a
| principle or to recognize it as establish
| .nS precedent Otherwise the United
States Government could be held liable
for enormous damages in cases where
it lands troops upon the Isthmus of
Panama, resulting in a collision with
rioters or rebels, even though the Gov
eminent is solemnly bound by treaty
to preserve free traffic across the 18TH
mus.
For it is pointed out that similarly the
United States was bound by a treaty in
the case of Samoa to preserve the in
| tegrity of the titular Government and
it was in the course of an effort to dis
charge this duty that the claims were
! originated If our naval vessels can
not interfere to 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 damages. These
conditions will lead to the declination to
recognize the decision as a precedent
and incidentally to the submission of
the next similar case to The Hague
tribunal in the hope of another and diff
ferent decision.
BERLIN, October 22.-The German
Foreign Office confirms the report from
Washington that King Oscar of Sweden
| and Norway has decided the Samoan
arbitration in favor of Germany. The
Foreign Office is not yet ready to make
public the terms of the decision