It appears from this report that the ordinance was adopted in opposition
to the wishes of the municipal council, and that the latter is making an
effort to frustrate the purposes of the ordinance by the issuance of
supplementary orders which restrict the right of search. It
[Page 732]
would seem to be proper to
instruct the consuls of the powers to counteract these efforts.
I would request your excellency to inform me whether the United States
Government is prepared and disposed to instruct its representative at
Apia to issue a suitable ordinance for such persons as reside outside of
the municipal district and are subject to the jurisdiction of the
American consul, in the same manner as this is proposed to be done by
the imperial consul in accordance with his draft, a copy of which is
inclosed. I would respectfully remark that the imperial consul at Apia
has been instructed to act in this matter in concert with his American
and English colleagues, and to proceed simultaneously with them; and I
would request that I may be informed of the decision that shall be
reached.
[Inclosure.—Translation.]
report.
I have the honor most respectfully to inform your excellency that,
since the middle of last year, 380 guns have been taken from the
Samoans. Unfortunately, however, the delivery of arms and ammunition
to the natives has not yet ceased, so that no great advantage can
result from the seizure of the arms which have been taken from
them.
It is asserted that a direct illicit trade by vessels is carried on
between Tonga and sundry ports of Upolu, in addition to that which
takes place through Apia, the legal port of entry, and that the
natives are thus supplied with munitions of war. It is likewise
supposed that an illicit trade is carried on by vessels between
places outside of Samoa and Tutuila and Manua. It has not, as yet,
been possible to ascertain the truth of these rumors.
Although the Berlin treaty has now been in force for more than four
years, and although, since the retransfer of the control of the
customhouse to the municipality, more than a year has elapsed, it
has thus far been impossible to cause the adoption of a customs
ordinance.
The customs authorities are still without any legal authority to
prevent even the most barefaced smuggling by means of a control that
is at all efficient. President Schmidt prepared a customs ordinance
several months ago and referred it for adoption. That ordinance has
gradually passed through all stages of discussion, and nothing was
necessary save a resolution with regard to the place of landing for
dutiable goods, when the matter was again brought to a
standstill.
The municipal council has struck, on account of the alleged violation
of its privileges, and has resolved that it will pass no more
resolutions for the present.
The cause of this resolution is the following:
President Schmidt desired the adoption of the proposition which had
been previously made by me to place the control of the importation
and sale of arms in one hand, at least for the municipality.
After a discussion with the chief justice and myself, he proposed a
draft of an ordinance having this for its object. The municipal
council adopted it with some alterations, and the consular board did
the Same. The municipal council did not adopt the amendments of the
consuls, and thus the regulation in question was laid before the
chief justice for alteration and final decision. (Sec. 3, Art. V, of
the Samoa act.)
[Page 733]
The chief justice approved the alterations made by the consuls and
added several more himself. One of his alterations had reference to
the right of search, which, according to the draft, could be
exercised in places of business only, and not in places occupied as
residences. That the right of search, with this restriction, is
utterly nugatory, must be evident to every one. The merchants, with
the exception of the Trade and Plantation Company and of Frings
& Co., have their places of business and of residence in the
same building, and closely connected with one another. It is often
difficult to decide whether a place belongs to the dwelling or to
the store. All illicitly imported guns and munitions of war would,
of course, no longer be stored in the places of business, but in the
dwelling places, where they would be safe.
In the consular board the proposition so to generalize the right of
search as has been done by the chief justice would have been opposed
by the British consul. I consequently thought it best not to raise
the question at all in the discussion of the consuls, but to leave
it to the chief justice for settlement.
The municipal council now declared that the chief justice had not
been authorized to change the ordinance, but only to decide whether
the amendments of the consuls were to take effect or not; and it
therefore resolved that the ordinance, which had been definitely
rejected, should not be published, but that it should be
“indefinitely laid upon the table.”
After this evidently illegal resolution, by which a definitively
adopted law was to be prevented from taking effect, had again been
rejected by the consular board the municipal council resolved to
strike until its privileges should be recognized.
This resolution was also rejected by the consuls, so that the
ordinance had to be published with the consent of the chief
justice.
An ordinance was now again adopted by the municipal council which was
to bear the short title of “Arms and ammunition ordinance, 1894,
amendment ordinance.” In this draft the right of search was made
dependent upon so many conditions, which had to be previously
fulfilled, that an accused person had all the time that he needed to
put the arms, etc., which formed the object of the search, out of
the way.
The English members of the municipal council, inasmuch as this
ordinance had not been approved by the consular board, did not take
part in the session of the municipal council, which was held during
the early part of this month. Consequently, the resolution
concerning the the customs ordinance was postponed. Whether the
gentlemen will carry out the intention which they have expressed of
resigning their office in case the ordinance with the short title is
not adopted time will show. Should they do so the sole result will
be a loss of time and a useless outlay of money for the new
elections.
In order to harmonize as far as possible the rules concerning the
importation and sale of arms and ammunition for the Germans who
reside outside of the municipality, and the ordinance which is now
in force in the municipality, I have drawn up, after consulting with
President Schmidt, the inclosed police ordinance, a copy of which is
herewith inclosed.
I further inclose a copy of the new ordinance of the municipality and
one of the police ordinance, which was adopted some time ago for the
Germans residing outside of the municipality, and I respectfully
request your excellency to examine the draft and to authorize me to
publish it.
[Inclosure
A.—Translation.]
police ordinance.
In pursuance of section 4 of the law of the Empire of July 10, 1879,
the following ordinance is issued for subjects of the Empire and for
German protégés, and the police ordinance of March 26, 1890, is
hereby revoked.
Section 1. The importation into the Samoan
Islands of arms and ammunition, and materials and appliances for the
manufacture of ammunition, is hereby prohibited.
From this prohibition are excepted:
- (a)
- Guns and ammunition for sporting purposes, for which
written permission shall have been previously obtained from
the president of the municipal council.
- (b)
- Small arms and ammunition, carried by travelers as
personal equipment.
Sec. 2. The sale, barter, or delivery
otherwise of the articles specified in section 1 to Samoans or other
South Sea Islanders soj ourning or residing in Samoa, or the
abetment of any of these acts, is hereby prohibited.
Sec. 3. Every subject of the Empire or
German protégé must, when required to do so, furnish information to
the imperial consul with regard to the number or quantity of the
articles specified in section 1 that are in his possession, and also
with regard to the purpose for which they are used or are to be
used.
Sec. 4. Any infraction of the prohibitions
contained in sections 1 and 2, and any failure to comply with the
requirement mentioned in section 3, shall render the person guilty
of such infraction or failure liable to a fine in each case not
exceeding 150 marks, or to imprisonment for six weeks.
Sec. 5. The foregoing provisions shall not
be applicable in cases in which subjects of the Empire and German
protégés are subject to the arms and ammunition ordinance of 1894 of
the municipal council.
Sec. 6. This ordinance shall take effect
fourteen days after its promulgation at Apia.
The imperial consul,
