Foreign Relations of the United States, 1894, Appendix I, Chinese-Japanese War, Enforcement of Regulation Respective to Fur Seals, Mosquito Territory, Affairs at Bluefields, Claim of Antonio Maximo Mora, Import Duties on Certain Products of Colombia, Haiti, and Venezuela, Affairs in the Samoan Islands

Mr. Herbert to Mr. Foster.

Newport September 19, 1892.

Sir: I have the honor to inclose herewith an extract from a letter from Baron S. von Pilsach, the municipal president at Apia, respecting a difference of opinion which has arisen between the consular body and the majority of the municipal council, including the president, in regard to the appointment of returning officers for municipal elections.

Baron von Pilsach maintains that under article 5, section 3, of the Samoan act the question should be referred for decision to the chief justice, and not to the treaty powers, and Her Majesty’s Government are disposed to think that the municipal president is, in this instance, correct in his interpretation of the act.

In accordance with instructions which I have received from the Earl of Rosebery, I have the honor to inquire whether Baron von Pilsach has addressed a similar communication to the U. S. Government; and, if so, whether they agree with the view taken by Her Majesty’s Government, and will instruct their consul at Apia accordingly.

I have the honor to be, etc.,

Michael H. Herbert.

I regret that I must report a new case to the three governments in which the consular hoard has disregarded the provisions of the Berlin treaty.

There exists a difference of opinion between that body and the majority of the municipal council at Apia including myself in regard to the appointment of the returning officers for municipal elections. If the consular board desired this difference to be settled, such settlement fell apparently into the exclusive jurisdiction of either the chief justice or the supreme court of Samoa.

In a letter to the municipal council dated 9th inst., the consular board stated that Mr. Blacklock had informed the board of the aforesaid question having been referred to him by the U. S. Government.

Instead of reminding Mr. Blacklock that in the Berlin treaty the signatory powers have bound each other to refrain from any separate control on Samoan affairs and have established a special court for the purpose of meeting all requirements of administrative jurisdiction on the spot, Mr. Blacklock’s colleagues have joined in his oversight by resolving and signing the above-mentioned notification to the municipal council.