Barre evening telegram. (Barre, Vt.) 1898-19??, 1902-10-23
SAMOAN CASE DECIDED
Foreign Residents to Get Damages
For Destruction of Property.
PROTEST FROM WASHINGTON
Government VIII Pny Award ASSESS
ed by Arbitrator, hut VIII De-
cline to Accept Decision a.
EstabIishing y Precedent.

washington, ''l. -o.--- All '''i"'"'''"
has be "a received here thai kin- oscar
Of Sweden. who is acting as the arbl-
tlatol 20. the Issues between the United
States. Germany NJ Great l'tld!u
growing out OF he samoan rebellion
of $685. VIII decide that the facts pre-
sclied 10 him ia II" briefs of counsel,
which lave been nnding for nearly
ycnr. Warrant him III proceeding TO
assess the damages sustained by for
eign residents Of Samoa AS result OF
the lar'ilt4 OF q cOnibINcd force or
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 SUD-
nit these claims TO arbitration the ar
bitrator 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 eff
feet has yet been conveyed to our gov
eminent
The next step is to fix the amount or
damages. and this must be done by
King Oscar upon the basis of the facts
now to be presented by the representa-
tives of the governments concerned.
Il fnt Il
the others, amounting to S10",9lS,
while the American claims are ST 1903
and the British only $6.2So. There are
claims of nations not party to the ar
bitrution that may be included i'll the
final judgment but these are not OF
much consequence. Altogether the to-
tai of the claims is not imposing. and
it is certain from the nature OF the
proof adduced in support of many of
them that even the total will be heav-
lily scaled down by the arbitrator.
Dangerous Precedent.
So it is not the amount OF money in
volved in this approaching decision OF
the arbitrator that concerns the gov
eminent of the United States. but rath-
er the enumeration of principle which,
if accepted as precedent. would be
most unpalatable and would so seri-
ously restrict the assertion Of Amerl-
can rights in foreign countries in case
Of revolution or rioting jcopardizins
the lives and property OF our citizens
that it would amount to the total with
drawal OF protection. This can never
he admitted and so it may be positive
ly 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 principle or to recog-
nize it as establishing Il precedent.
Otherwise the United States govern
ment could be held liable for enor-
nous damages in cases where it lands
troops upon the isthmus of Panama
resulting in a collision with rioters Oh
rebels. even though the government Is
solemnly bound by treaty to preserve
| free traffic across the iSthmuS, for il
is pointed out that similarly the Unit
ed States was bound by treaty in the
case of Samoa to preserve the integri
ty of the titular government, and il
was in the course of an effort to dis
charge this duty ,i. t INT the u cl'teAfff
i Ii our naval vessels cannot interfere
to preserve life and property in the
! presence of specific treaty. of course
| they would be still more helpless with
out Il treaty, aud they could not LAND
, marines in any of the West Indian OF
| Central and South American ports III
any elnergenc: without riskng liabili
| ty for heavy DANA geS. These consid
! cratiUns will lead to the declination t.
recognize the decision rs Il precedent
and incidentally to the submission OF
| the next similar case to The Hague
| tribunal in the hope of another and
! different decision.