The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-11-18
dpIldIEuLIY- gu IIUI IEIIItLiUCI tlIC
UNCLE SAM. AND
JOHN BULL LOSE
Decision of King Oscar in the
Samoan Case.
GERMANY WINS THROUGHOUT
COMPARTMENT SAID TO HAVE
BEEN UNNECESSARY.

III WASHINGTON, Nov. f.-By pre-
w vious arrangement between the
principals, there was today pub
lished simultaneously in Washington.
London and Berlin, the full text of
the decision given by his majesty, King
Oscar II, as arbitrator between the
three countries named of certain claims
owing to military operations conducted
in Samoa in the year 1899. The decision
is long and abounds in whereases and
conclusions, and, in substance, it has
been announced heretofore IN the cable
dispatches from Stockholm. The pre-
ceding publication, however, did not
convey to the officials here a full reaI-
zation of the complete victory won by
pears that on every single point the
arbitrator adopted the most extreme
German view in opposition to Great
Britain and the United States.
The arbitration grew out of claims
by Germans or British subjects or
American citizens for compensation on
account of losses they alleged they
had suffered in consequence of unwar-
ranted military action on the part of
German, British or American officers in
Samoa the 1st of January, 1899, and the
18th of May following The question
really at issue was whether or not the
/ British and United States governments
should be considered responsible for
the losses.
The arbitrator recited that the United
States steamship Philadelphia and the
British steamers Porpoise and Royal
| list, on March 10, 1899, opened fire across
the town of Apia, Samoa, directing the
same against the forces of High Chief
Mataafa; that the same vessels
brought the newly appointed king of
! Samoa, Malietoa, and his forces to
Mulinuu point and supplied them with
arms and ammunition for the ensuing
struggle against Mataafa.
In answer to the British and Ameri-
can claims that under the treaty of
Berlin any one of the signatTy powers
was fully authorized to enforce the de-
| cisiOn of the chief justice of Samoa
| declaring Malietoa king, the arbitrator
SAYS:
without Authority.
1--WE have found nothing in the said
| general act or any subsequent agree
ment which authorizes one of the sig
natory powers or a majority of them
| to take action to enforce the condi-
lions of the act or to make the deci-
sions of the chief justice binding on
! the COVERS.
It was held that the British-American
military action has the character Of a
serious control over the Samoan ISL
ands and the government thereof %
which WAS prohibited b yarticle l of the
general act. The arbitrator insists that
the Berlin conference aimed TO estab-
lished principle that in their dealings
with Samoa the powers could proceed
only by common accord, and that, as
the consular representative of the three
powers by proclamation had recognized
the provisional government of Mataafa,
| the powers themselves were bound on
principles of international good faith
1 TO maintain the situation until by COM
mon accord they decided to change it.
The action of the British-American
authorities tending to overthrow the
provisional government established it
is held, was contrary to the aforesaid
obligation, and cannot be justified
either on the plea of the validity alb
initio of the said provision of the gov
eminent nor it's establishment under
a species of a force majeure''
Touching the British american COM
plant against the German consul for
his refusal to sustain the decision Of
the chief, the arbitrator holds that 1T
cannot be considered TO have been the
duty of the German consul to take
part in the issuance of said proclama-
ton, and it has not been proved that
with regard 10 said decision any steps
were taken by him contrary to the
general act, and therefore no respon-
sibility attaches for the attitude taken
by him in this respect"
Flat Nor%,odso+s0-