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 ….into that office, and exercised the authority of that position thereafter until the day of his death, which occurred August 22, 1898.

Now the protocols of the Berlin treaty  expressly declare, that “Count Bismarck consented to the principle of the election of a king  by the free right of the people, but did so upon the condition, that one exception should be made in the person of Mataafa, on account of outrages committed by his people, and under his authority dead and wounded German sailors lying upon the field of action. “  The justice of this exception being apparent, the British plenipotentiary voiced the sentiments of all agreeing to it.

Therefore, since a treaty can be interpreted only in the light of the meaning given to it by the protocols upon which it is-based, it is clear that this clause of the protocol, is binding as though it were incorporated in the treaty itself and it was chiefly upon this ground, that Chief Justice Chambers gave his decision, declaring Mataafa ineligible for the position.

Aside from Matafa’s ineligibility under the treaty as thus declared, the claims of the rival chiefs appear to be about equally valid, the case standing thus:

On the 12th of November 1898, a party of Samoans, comprising of a few of the Chiefs having the right to elect, chose Mataafa as king, and so notified Chief Justice Chambers. On the 15th another body of Chiefs, also having the right of electors, notified the Chief Justice of their objection to Mataafa, and informed him that they would exercise their prerogative, hold an election, and submit the question to his jurisdiction as provided by the treaty.

Mataafa and his party were duly notified, and acknowledged notice of contest.

On Dec. 14th the Opposition Party notify the Chief Justice that they had duly elected Tanu Mafili (son of  Malietoa Laupepa)