[Inclosure in No.
927.—Translation.]
Treaty between Germany and Samoa.
Under the provisions of article 8 of the treaty of friendship concluded
between the German Empire and Samoa on the 24th of January, 1879, the
imperial German consul, Becker, and the representative of the Samoan
Government, Brandeis, have deliberated concerning the following
agreement, and have concluded it conditionally upon the ratification by
both Governments.
Article I.
The Samoan Government engages with the Imperial German Government to
maintain and to improve the public institutions in Apia which have been
under the administration of the former municipality, such as ways,
roads, bridges, lights, quarantine, pilotage, and harbor constructions.
For its part the German Government agrees that the Germans, and those
under German protection residing within the former municipal district,
be subjected to the regulations enumerated below, and declared to be
laws of Samoa by the Samoan Government on the 18th of January, 1888, and
that they shall be liable to pay to the Samoan Government the dues and
taxes as fixed by the same.
The regulations referred to are:
- Regulations 8 to 13, 15 and 108, concerning the selling of
spirits; concerning the right to sell spirits; concerning the
license to sell spirits; concerning drunkenness.
- Regulation 16, concerning the sale of fire-arms.
- Regulations 17, 19, 20, 74, concerning licenses for trades and
professions.
- Regulations 30, 31, concerning aiding deserters from
ships.
- Regulation 33, concerning real-property tax.
- Regulation 34, concerning poll-tax.
- Regulations 64 to 69, concerning harbor police.
- Regulation 75, regulation for building.
- Regulation 84, concerning the so-called trading ships.
- Regulation 109, concerning quarantine.
- Regulation 110, concerning the prevention of contagious
diseases.
- Regulation 111, concerning pilotage.
- Regulation 114, concerning dynamite and its
prohibition.
- Regulation 120, concerning cleaning the streets.
- Regulation 122, concerning public roads.
- Regulation 124, concerning public nuisances.
- Regulation 127, concerning the Mulivai bridge.
- Regulation 128, concerning riding without a bridle.
- Regulation 129, concerning dog-tax.
- Regulation 131, concerning slaughtering.
- Regulation 132, concerning supplying intoxicating liquors to
policemen.
- Regulation 133, concerning playing cricket.
- Regulation 134, concerning delinquent tax-payers.
- Regulations 135, 136, concerning new buildings.
- Regulation 137, concerning fir-works.
- Regulation 138, concerning public bathing.
Article II.
The German Government agrees further that the Germans, and those under
German protection in Samoa living outside the former municipal district,
shall pay the same poll-tax to the Samoan Government as the Samoans pay.
But no German nor any one under German protection shall be required to
pay a higher amount per year than $5 for himself and family.
Article III.
If Germans, or those under German protection, feel that they have to
complain about taxes or dues imposed upon them by the Samoan Government,
such cases shall be tried and decided before the German consul, or his
representative, together with an official of the Samoan Government.
Article IV.
By Article I the German consular jurisdiction shall not be restricted
only in such cases of police offenses as are not provided for in the
imperial German Jaw. The penalties contained in the regulations
mentioned in Article I and the jurisdiction of
[Page 740]
the judge in Apia nominated by the Samoan
Government to judge such cases shall be applied to German subjects and
those under German protection. Appeals from the decision of the judge
above mentioned, so far as concerns Germans and those under German
protection, shall lie to a court composed of-the German consul, or his
representative, and an official of the Samoan Government.
Article V.
This agreement shall come in force after it is ratified by both
Governments.
- Brandeis.
- Becker,
Imperial German Consul.
Apia, January 24,
1888.
The imperial consul, Becker, and the representative of the Samoan
Government, Brandeis, have agreed, by order of both their Governments,
to the following addition to the treaty of the 24th of January,
1888:
sole article.
It is left with the discretion of the imperial German consul at any time
to declare the withdrawal of the Imperial German Government from the
treaty concluded with the Samoan Government on the 24th of January,
1888.
- Brandeis.
- Becker,
Imperial German Consul.
Apia, May 28,
1888.