Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-11-18
COMPLETE VICTORY
For Germany in the Arbitrated
Samoan Matters.
King Oscar Decidedly Against United
States and England. 3
Most Extreme Views on Every Point
Against Them.

Washington, Nov. 11.-By previous
arrangement between the principals
there was, today, published simultan-
eously in Washington. London and
Berlin, the fun text of the decision
given by His Majesty, King Oscar ii.
rs arbitrator kbetween the United
States, Great I:ritain and Germany, Of
certain claims IN account of military
operations conducted in Samoa in the
year 1899. The decision is long ana in
substance it has been announced here
tofore from Stockholm. The preceding
publication. however, did not convey
10 the officials here a full realization of
the complete victory won by Germany
IT appears that on every single point
the arbitrator adopted the most ex-
trrme German view in opposition to the
United States and Great Britain.
In answer to the British and Ameri-
can claims that under the treaty of
Berlin any one of the signatory powers
was fully authorized to enforce the de-
cision of the chief justice of Samoa de-
claring Malieiol King the arbitrator
SAYS:
We hav", found nothing in the said
general act or any subsequent agree
ment which authorizes one Of the Sig
natory powers. or a ma iority of them.
to take action to enforce the conditions
of The act or tosmake the decisions of
the chief justice binding on the
powers"
Ii is held that the British American
military action had the character of
Il serious control over the Samoan is
lands and Tie government thereof
which was prohibited by Article | of
the General Act. The arbitrator in
sists that the Berlin conference aimed
to establish the principle that in their
dealings With Samoa the powers could
proceed only by common accord and
that as the consular representatives of
three powers ny proclamation had
recognized the provisional government
of Mataafa, the powers themselves
were bound on principles Of internal
tional good faith TO maintain the stu
alton until by common accord they de-
cided to change. it. The action of the
British-American authorities tending
to overthrow the provisional govern
mcnt thereby esta blished, it is held,
WAS contrary to the aforesaid obliga-
ton and cannot be justified either on
the plea Of the validity Of the said pro-
vision of the government nor its eS-
Establishment under Il species of force
n.ajeuer.
The arbitrator says: We have found
nothing in the evidence before us to
show that the general condition of af-
fairs was such as to render the mill
tary action necessary for the protec-
ton of lives and property
Continuing, the decision recites that
Malietoa had been completely defeated
before the arrival of the Philadelphia.
but that the United States admiral and
the British authorities brought back
his warriors and armed and provision
cd Them giving them ammunition.
which under the treaty should have
been issued only at the unanimous re-
quest of the three consuls.
The decision concludes as follows:
That the military action in question,
viz: The bringing back of the Malie-
toans and the distribution to them of
arms and ammunition. the lombard
ment the military operations on shore
and the stoppage of the street traffic.
Cannot be considered as having been
warranted;
And that therefore, His britannia
Majesty'S government and the United
States government are responsible I'M
der the convention of the seventh of
November, 1899. for the losses. caused
by said military action;
While reservinS for 4 future de-
cision the question is to the extent
to which the two governments or each
Of them, may be considered RESPONSE
bic for such losses.
(Signen Oscar.