No. 469.
Mr. Bayard
to Mr. Pendleton.
Department
of State,
Washington, July 18,
1888.
No. 339.]
Sir: I have to inclose herewith a copy of a
note* of the 2d ultimo from the
imperial German chargé d’affaires at this capital, and also a copy of a
dispatch, No. 123, of the 16th ultimo, from the American consul-general at
Apia, in relation to the dispute over the pilot station at the latter place,
which formed the subject of my instruction to you of the 10th of April
last.
I am glad to note the adjustment of the controversy in a manner satisfactory
to all parties. In regard to the disposition of the pilothouse, the views of
this Department coincide with those of the Imperial Government, that the
building, which was erected out of the municipal funds while the land was
leased by the late municipality, should be treated as part of its assets.
The complaint of this Government’ related solely to the question of title to
the land; and if the position of Mr. Sewall is correctly understood by the
Imperial Government to have been that, upon the termination of the lease,
the building became the absolute property of the lessor, such a contention
was not authorized by this Department.
You are instructed to communicate these views to the German Government.
I am, etc.,
[Inclosure 1 in No. 339.]
Mr. Sewall to Mr.
Rives.
Consulate-General, United States of America,
Apia, Samoa, June 16, 1888.
No. 123.]
Sir: I have the honor to report that the
difficulty caused by the conflicting claims to the property known as the
pilot station, which formed the subject of my dispatch numbered 93,
dated February 24, has been satisfactorily adjusted.
By the terms of the indenture made between Coe and myself, of even date
with the deed transferring to me his interest in the property in
question, it is provided that, in case he should be found indebted to
Messrs. Me Arthur & Co. in the matters in dispute between him and
that firm, then about to be submitted to arbitration on a commission
issuing from this consular court, I should sell the land within three
months of the publication of the award. This was made March 15.
Accordingly on the 11th of this month, the award remaining unsatisfied,
I had sold at public auction all the interest in the above-mentioned
property which Coe deeded to me. This was bought by Brandeis for $2,500,
which was the highest amount bid.
[Page 649]
The American claim to the land is thus disposed of, and all personal
claim to the house as a part of the freehold. The German consul
maintains that the house is the joint property of the tax-payers of the
former municipality. The British consul awaits instructions in the
premises. Should he assume the position of the German consul, I shall of
course claim for the American tax-payers their proportionate share in
the property.
Since the sale I have received from Brandeis a letter, a copy of which is
inclosed, in which he asks if I have objections to the port pilot in the
interest of the pilot service using the house, which has been unoccupied
since it was sealed with the seal of the German consulate. The German
and British consuls having previously given their consent, I replied
that I had no objections to the course proposed.
I have, etc.,
[Inclosure 2 in No. 339.]
Mr. Brandeis to Mr.
Sewall.
Sir: Having bought to-day, in auction held by
order of your consular court, the land of the former pilot station, with
all appurtenances thereunto belonging, I have the intention to install
the pilot for the port of Apia in the house erected upon the said land
and to make use of the same in the interest of the pilot service.
The Imperial German and Her Britannic Majesty’s consuls having already
given their consent, I have the honor most respectfully to ask you if
you have any objection against the carrying out of my intention
concerning the pilot-house.
I have, etc.
