Mr. Foster to Mr. Herbert.
Washington, September 26, 1892.
Sir: I have the honor to acknowledge the receipt of your note of the 19th instant inclosing an extract from a letter from the president of the municipal council of Apia respecting a difference of opinion which has arisen between the consular board and the municipal council regarding the appointment of returning officers for municipal elections, and to say that a similar communication has been received from Baron Senfft von Pilsach. This Government understands the question at issue to be whether or not an appointment by the municipal council of a returning officer under an election ordinance approved by the consular board must also have the approval of that board, the latter contending that such approval is necessary and the former that it is not. In this, matter the Government of the United States is disposed to agree with Her Majesty’s Government that the question is properly one for the decision of the chief justice, and it will so instruct its consul.
I have, etc.,