Baron Ketteler to Mr. Foster.
Washington, August 13, 1892.
Mr. Secretary of State: Pursuant to instructions which I have received, I have the honor to call your attention to the following details:
As is well known, land claims of foreigners which have been allowed must, in accordance with the Samoa act, be reported to the land commission established in Apia, for the purpose of investigation and subsequent registration. According to a tariff of fees of the “real property ordinance” drawn up by the chief justice of Samoa, he intends to impose a fee of $5 for the registration (recording of every separate title to land, which fee is to go to the registering clerk, who, at the same time, discharges the duties of clerk of the court. From an approximate estimate, about three thousand land titles will be recorded. This would give to the clerk receipts to the amount of $15,000. On the other hand, however, it would involve an oppressive burden on all foreign landowners. In the opinion of the Imperial Government, the chief justice has no authority singly to impose this charge on foreigners. Article vi, section 2, paragraph 2, of the Samoa act, provides “that a tax of one-half per cent is to be levied upon deeds of real estate, to be paid before registration thereof can be made.” * * * It is to be inferred that this includes all the charges to be laid upon foreign landowners for registration. In accordance with Article vi, section 2, no further charges beyond this tax could be imposed upon them without the assent of the consuls of the three treaty powers. This assent has not yet been either sought or given, and in view of the disproportionate height of the charge, could hardly be obtained.
In accordance with a communication which I have received from the chancellor of the empire, the Imperial Government does not find itself for the present in a position to recognize as having the force of law the fee which has been imposed upon the foreign land owners by the chief justice, and it is of the opinion that this view does not conflict with Article iii, section 1, of the Samoa act, which provides that reasonable fees may be granted to the clerk of the court and to the marshal of the court.
[Page 645]The chief justice may fix such fees, but they can not be forced upon the foreign land owners until the consuls have assented to them; they ought rather to be paid by the Samoan Government, which in this case could obtain the necessary means from the one-half per cent taxes. The Imperial Government intends to send the fitting instructions to the consul at Apia, but before taking further action would be glad to be informed of the views of the U. S. Government, as well as whether it is prepared to send similar instructions to its representatives at Apia.
Requesting a speedy statement of the position which will be assumed by the U. S. Government regarding this action of the chief justice of Samoa,
I avail myself, etc.,