The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-10-23
WINS
DAMAGE CLAIMS
John Bull and Brother Jonathan
viii Have to Pay.
SAMOAN MATTER IS SETTLED
BAD DECISION so FAR AS UNCLE
SAM rs CONCERNED.
SAMOAN MATTER IS SETTLED

ASHINGTON. Oct. 22.-An intima-
w ton has been received here that
King Oscar of Sweden, who is
acting as the arbitrator Of the issues
between the United States, Germany
and Great Britain. growing out OF the
samoan rebellion of 1899. will decide
that the facts presented 10 him in the
briefs OF counsel. which have been
pending for nearly a year. warrant him
in proceeding 20 assess the damages
sustained by foreign residents Of Samoa
as a result OF the landing OF a combined
force of American and British sailors
and marines and the destruction Of
property incident 10 the ensuing fight
with the rebels. BY the terms Of the
treaty under which the three powers
agreed TO submit these claims to arbi-
tratiOn. the arbitrator was first TO de-
clare whether the Americans and Brit
ish were al all liable for damages and
il so he was 10 determine the amount
of that liability. He has, II is under
stood. concluded 10 decide the first
question In the Affirmative. though it
Is stated here that no official notice to
that effect has yet been conveyed to
our government
Amount Not Fixed.
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 now 10 be presented by the rep
| resentatives of the governments con-
| cerued. The German claims are far
| larger than the others, amounting TO
Sl03,9iS, while the American claims are
S77.605. and the British only S6.2S5.
/ There are also small claims of nations
| not party 10 the arbitra ton that may
/ be included IN the final judgment.
/ II 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
rather the enunciation OF the principle,
which If accepted as a precedent would
/ be unpalatable and would so seriously
/ restrict the assertion of Americas
! rights In foreign countries in case Of
| revolution or rioting. jeopardiZing the
/ lives or rioting Of our citizens, that
/ il would amount 10 the total with
drawaI Of protection.
Uncle Sans Position.
/ ms can never DE dQlulLlCQ anu 81 II
I may be positively stated that while the
United States government will accept
/ the arbitration loyalty and pay any
damages assessed against it. il will
| utterly refuse to be bound by such a
/ principle or 10 recognize 1t as estab-
| fishing a precedent.
Otherwise the United States govern
ment could be held liable for enormous
damages in cases where II lands troops
upon the isthmus Of Panama, result
ing In a collision of rioters or rebels
even though the government is solemn
ly bound by treaty TO preserve free
traffic across the isthmus. For ii is
pointed out that similarly the United
States was bound by a treaty in the
case Of Samoa. TO preserve the in
tegrity OF the titular and IL was in
the course Of an effort 10 discharge this
duty that the claims were originated.
If our naval vessels cannot interfere
to preserve life and property in the
presence OF a specific treaty of course
they would be still more helpless with
out a treaty and they could not land
marines in any of the West Indian or
Central or South American ports In an
emergency without risking liability for
heavy damages. These considerations
viii lead TO the declination to recog-
nize the decision as a precedent and in
cidentally 10 the submission Of the next
similar case 10 The Hague tribunal in
the hope of another and different de-
cision.