The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-11-19
An Entangling Alliance.

for arbitration forms a fitting and most
artistic end to chapter of plumbers.
This country cannot kick against the
judgment il has invoked. 1t cannot
rail against the court to which it has
voluntarily rcsorted. II can only pre-
pare to pay by-and-by the more or less
heavy bill Of costs implied in OSCAR s
findings, and at the same time summon
its sense of humor to the aid of its phi
losophy for few minutes Of profitable
retrospection.
One of the most foolish things this
Government ever did was To tie itself up
In 1890 with Germany and Great Britain.
by the tripartite treaty of Berlin. in an
unprecedented agreement for joint re-
sponsibility with those powers for the
maintenance of a monarchy I'm the South
Pacific. That was the essence of the
convention. The mere statement of il
now is enough to exhibit its essential
absurdty, although at the time it was
widely advertised as a diplomatic tri-
umph.
When THE SrN was opposing the rati-
ficaton by the United States Senate of
this particular triumph of diplomacy, we
pointed out among other things the
probability of trouble from that pro-
vision of the treaty which constituted
the Chief Justice of the islands practi-
ally Kng-maker in any case of dis
signatory powers To accept and abide
by the Chief Justices decision We like
wise touched as delicatcly as we could
upon the possibilities of unconscious
bias at Stockholm as affecting the i'm
Partially of the King of Norway and
of umpire or referee, devolved upon him
by the treaty in case of lack of agree
ment between the three powers in the
matter of nominating a Chief just ice
1t is interesting now to note how far these
approximations of twelve years ago were
justified. We frankly confess that the
trouble came in a way and in a form
which human presCience could hardly
have foreseen at that time.
Instead of German Chief Justice
bent on pushing the then audacious and
persistent policy OF his Government for
the control of Samoa, and using to that
end the Unrestricted jurisdiction con-
ferred upon him by the treaty, the judi
cial officer in supreme power CHANGED
to be an American when the crisis oc-
CURED. He exercised his power. as il
happened, against the candidate for
King favored by German influence in
Samoa. Chief Justice CHAMBERS decided
for MALTEToA TANU and against Ma
TAAFA. 1t was the factional disturbances
resulting from this decision which, in
the absence of any American ship of
war, led to the landing of British forces
to preserve peace at Apia, the Germans
holding aloof or more or less openly
abetting the Mataafa party: and, con-
sequently, there ensued the disputed
state Of facts and the claims for damages
which King OSCAR has been called upon
to arbitrate.
Now, the article of the trpartite con-
vention under which Chief Justice CHAM
BERs proceeded was this:
In case any question shall hereafter arise In
Samoa respecting the rlgh,ful appointment and
election OF Kings or any other chief claiming au.
shorty over the Islands respecting the validity
Of the powers which the King or any other chief
may claim In the exercise of his once such question
shall not lead TO war. but shall be presented for
decision TO the Chief Justice OF Samoa who shall
decide Il In writing conformably to the provisions
of this act and to the laws and customs Of Samoa
not In conflict Herewith and the sfgna,orv Gorern.
mems ptH accept and abide op such decision"
The question between MALIEToA TANU
and MATAAFA was submitted to Chief
Justice CHAMBERS, both contestants
agreeing in writing to abide by the de-
cision. The merits of the election dis
pute are not pertinent to the present
statement. After a judicial hearing
lasting for eleven days, the Chief Justice
decided on Dec. 81 1898, that MALIEToA
TANU, the son of MALIEToA LAUPEPA,
was the rightful King. The American
and British representatives at Apia ac-
cepted the decision of the Chief Justice.
The German Consul, Herr ROSE, and
the German President Of the Nh-
nioipality of Apa, Herr RAFFEL, refused
to accept it, made common cause with
the Mataafa faction, stood behind the
native insirrection which followed, and
helped to establish revolutionary and So
called Provisional Government, which
declared that Chief Justice CHAMBERS
was no longer Chief Justice and put
Herr RAFFEL in his place.
We have referred to the foregoing
facts and treaty provisions in order to
throw light, if possible, upon the re-
markable passage in King OSCARS de-
cision where he says, as arbitrator:
We have found nothing in said general act the
Berlin treaty or any subsequent agreement which
authorizes one OF tho Signatory powers or ma
jori,y OF them. to take action TO enforce the con
dnions OF the act or to make the decisions of the
Chef Justice binding on the powers"
That is to say, although the treaty
clearly stipulated that the decision of
its creature, the Chief Justice, must be
final and would be accepted by the sig
natory powers, when for political reasons
one of the three powers saw fit to re-
pudiate the agreement and the other
two powers proceeded in the customary
way to enforce the treaty and to prevent
war in the islands, and To protect lives