Mr. Foster to Baron Ketteler.
Washington, September 27, 1892.
Sir: I have the honor to acknowledge the receipt of your note of the 13th ultimo relative to a fee of $5 which it is understood the chief justice of Samoa intends to impose for the registration of every separate title to land. You state that 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 on the foreign landholders by the chief justice acting alone,” and you ask to be informed of the views of this Government with respect thereto.
Section 7 of article 4 of the Berlin general act provides that—
The court shall make provision for a complete registry of all valid titles to lands in the Islands of Samoa which are or may be owned by foreigners.
As there is no provision otherwise for the payment of the expenses of this registry, it seems a reasonable inference that it is to be made at the expense of the landowners. In this country, where the system of registry of land titles generally prevails, a reasonable fee sufficient to cover the expense of the registry is always charged the owner, and this was so even when, for the purpose of raising revenue, a tax was at one time imposed upon transfers of title. The tax provided for under the second heading of Paragraph D, section 2, article 6 of the treaty, of one-half of 1 per cent upon conveyances of land is simply one of the taxes permitted to the Samoan Government in order “to obtain the necessary revenue for the maintenance of government and good order in the islands.” There appears to be nothing requiring its diversion for the purposes of the expense of the registry or to require the Samoan Government otherwise to bear the expenses of such registry.
The real difficulty with the proposed fee of $5 seems to be that it is not reasonable and can not, therefore, be defended under section 1 of articled of the treaty, or otherwise. Indeed, it is so disproportionate to the actual expense of the registry that it is rather in the nature of a tax upon the landowners; but the imposition of a tax otherwise than in conformity with the provisions of section 2, article 6, is clearly indefensible. A reasonable fee, however, sufficient to fairly cover the expenses of the registry at current rates of copying, this Government [Page 648] is inclined to believe would be entirely proper. It would be disposed to join with the Imperial Government and with the Government of Her Britannic Majesty to secure a suitable modification of the fee accordingly.
I will add that no report upon this matter has yet been received from the American consul.
Accept, etc.,