The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-10-23
Principle Enunciated in the Samoan
Case Finding Not I'm Accord with
Policy of This Country.
MONEY NOT OF CONSEQUENCE
UNITED STATES WILL CONTINUE TO
PRESERVE ITS TREATIES.
VIII Land Naval Forces whenever
Life and Property Are at stake
Victory for Germans.

WASHINGTON, Oct 22.-An intimation
has been received 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 rebellion Of 1899, will de-
eide that the facts presented to him in
the briefs of counsel, which have been
pending for nearly a year, warrant him in
proceeding to assess the damages sustained
by foreign residents of Samoa as result
Of the landing of combined force Of
American and British sailors and marines.
and the destruction of property incident
to the ensuing fight with the rebels BY
the terms of the treatry under which the
three powers agreed to submit these claims
to arbitration the arbitrator was first to
declare whether or not the Americans and
British were at all liable for damages. and
If so then he was to determine the amount
of that liability. He has. it is understood,
concluded to decide the first question in
the affirmative, 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 upon the basis of the facts
now to be presented by the representatives
of the governments concerned. The Ger
man claims are far larger than the others
amounting to s1O3.91S, while the American
claims are s77.605 and the British only
62S5 There are claims of nations not
party to the arbitration that may be in
cluded In the final judgment, but these are
not of much consequence. Altogether the
total amount of the claims is not imposing
and 1t is certain from the nature of the
proof adduced in support of many of them
that even that total will be heavily scaled
down by the arbitrator.
So ii is not the amount of money involved
in this approaching decision of the arbi-
traitor that concerns the government of the
United States, but rather the enunciation
of a principle which, if accepted as a prece-
dent, would be unpalatable and would so
seriously restrict the assertion of American
rights in foreign countries in case of revo-
luton or rioting. jeopardizing the lives and
property of our citizens, that il would
amount to the total withdrawal of protec-
ton. This can never be admitted, and so
it may be positively stated that while the
United States government will accent the
arbitration Loyalty and pay any damages
assessed against 1T ii will utterly refuse to
be bound by such a principle or to recog-
nize ii as establishing precedent. Other
wise the United States government could
be held liable for enormous damages in
cases where IL lands troops upon the 18th
mus of Panama, resulting in a collision
with rioters or rebels. even though the gov
| ernment is solemnly bound by treaty to
preserve free traffic across the isthmus
| For Ii is pointed out that similarly the
United States was bound by treaty in
| the case of Samoa TO preserve the integrity
| OF the titular government. and IL was in
| the course of an effort to discharge this
duty that the claims were originated. III
our naval vessels cannot interfere TO pre-
| a specific treaty OF course they would be
| still more helpless 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 lia-
bility for heavy damages. These considera-
] tions will lead TO the declination to recog-