Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-10-22
EFFECT OF DECISION
THIS COUNTRY REJECTS THE
PRINCIPLE INVOLVED.
Would Render the Government Liable
to Damages When Executing
Treaty Stipulations.

An intimation 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 rebellion of
1899, has decided 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
a result of the landing of a combined force
of American and British sailors and ma
rines, and the destruction of property incl
dent to the ensuing fight with the rebels.
By the terms of the treaty under which
the three powers agreed to submit these
claims to arbitration. the arbitrator was
first to declare whether or not the Ameri-
cans and British were at all liable for
damages, and If So then he was to deter
mine the amount of that liability.
1t is understood that King Oscar has con-
cluded to de eide 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.
Amount of Damages.
The next step is to fix the amount Of the
damages, and that must be done by King
Oscar upon the basis of the facts now to be
presented by the representatives of the gov
ernments concerned. The German claims are
far larger than those of the others, amount
ing to $1O3,91S, while the American claims
are ST, ,6O5 and the British only $3.50.
There are claims of nations not party to the
arbitration that may be included in the final
judgment, but these are not OF much conse-
Quence Altogether the total OF the claims
is not imposing, and 1t is certain from the
nature of the proof produced in support Of
many of them that even that total will be
heavily scaled down by the arbitrator.
So it is not the amount Of money involved
in this approaching decision Of the arbitra-
tor that concerns the government of the
United States, but rather the enunciation
Of a principle which If accepted as prece-
dent would be most unpalatable, and would
so seriously restrict the assertion OF Amerl-
can rights in foreign countries In case of
revolution riOting jeopardizing the lives
and property of our citizens, that 1t would
amount to the total withdrawal of Drotec-
ton.
Will Reject the Principle Involved.
That can never be admitted. and so it
may be positively stated that while the
United States government will accept the
arbitration Loyalty and pay any damages
assessed against it, it will utterly refuse to
be bound by such a principle or to recog-
nize it as establishing a precedent. Other
wise the United States government could
be held liable to enormous damages IN
cases where it lands troops upon the 18TH
mus of Panama resulting in a collision with
rioters or rebels. even though the govern
ment is solemnly bound by treaty to pie
serve free traffic across the isthmus. For
1t is pointed out that similarly the United
States was bound by a treaty in the case
of Samoa to preserve the integrity of the
titular government, and ii was in the
course of an effort to discharge that duty
that the claims were originated II our
naval vessels cannot interfere to preserve
life and property in the presence Of spe-
oiE rf thnxy ynyv1d ho CT
more helpless without a treaty. and they
could not land marines in any of the West
Indian or Central and South American
ports in any emergency without risking
liability for heavy damages.
These considerations will lead to the dec
lima ton to recognize the decision as a pre-
cedent and incidentally to the submission
of the next similar case to The Hague tri-
bHnal in the hope Of another decision.