The Waxahachie daily light. [volume] (Waxahachie, Tex.) 1894-current, 1902-10-23
NOT LIKED
The Conclusion Of Samoan Oontr0-
versy Sets a New Precedent.
1T is FAR REACHING
The Finding Seriously Restricts the
Rights of Americans In Foreign
Countries In Case Of RevO.
lutiens or Rists.

Washington, Oct 23-The intima-
ton received here that King Oscar,
who is acting as the arbitrator of the
issues between the United States,
Germany and Great Britain, growing
out of the Samoan rebellion OF 1893,
will decide the facts presented to him
in the briefs, which have been pend
ing for nearly a year, warrant him
in proceeding to assess the damages
sustained by foreign residents of Sa-
moa as a result of the landing OF a
combined force of American and
British sailors and marines and the
destruction of property incident to
the ensuing fight with the rebels in
favor OF CT lany, is not relished by
the administration.
By the terms of the treaty under
which the three powers agreed to sub
NIT these claims TO arbitration, the
arbitrator was first to declare wheth-
er or not the Americans and British
were at all liable for damage. and, If
SO then he was to determine the
amount of that liability. He has. 1t
is understood concluded to decide
the first question in the affirmative,
though il is stated here that no Off
cial 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 to be presented by the
representatives of the governments
concerned The German claims are
far larger than the others amounting
to sfQ3.91s, while the American
claims are s77.605 and the British
only s62S5 There are claims Of ma
tons not a party to the arbitration
that NAV be included I'm the final
Judgment. but these are not of much
consequence. Altogether. the total Of
the claims is not imposing, and it is
certain from the nature OF the proofs
adduced in support OF many Of them
that even the total will be heavily
scaled down by the arbitrator
So il is not the amount of money
involved in this approaching decision
OF the arbitrator that concerns the
government of the United States, but
rather the principle which, accepted
as a precedent would be unpalatable
and would so seriously restrict the
rights OF Americans in foreign coun-
tries in case of revolution or riot.
jeopardinzingthe lives and property of
our friends. that it would amount to
the total withdrawal of protection.
This can never be admitc<d. and so ii
may be positively stated that, while
the United States government will &C
cept the arbitration Loyalty and pay
any damages assessed against 1t, ii
will utterly refuse To be bound by
such a principle as to recognize IL as
establishing a precedent. Otherwise,
the United States government could
be held liable for enormous damages
In cases where II lands troops upon
the isthmus of Panama resulting in
collision with rioters or rebels.
even though the government is sol
EMMY bound by treaty To preserve
free traffic across the isthmus. For
il Is pointed out that similarly the
United States was bound by treaty
In the case Of Samoa 10 preserve the
integrity of the ritual government.
and II vas III the course Of an effort
TO discharge this duty that the claims
were originated, II our naval vessels
cannot interfere to preserve life and
property In tIe presence OF 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, Central or South
American ports Ia any emergency
without riskiug liability for heavy
damages. These considerations will
lead to the declination 20 recognize
the decision as a precedent and Incl
dentaHy to the submission of the next
similar Csc to The Hague tribunal in
the hope OF another and different de
ciBi0n.