In preparing these modifications and amendments our method has been to
consider, first, what are the evils which have caused the recent
troubles in Samoa and the generally unsatisfactory condition of the
islands, and, secondly, what are the measures most likely to remove or
minimize these evils.
To meet the first of these evils we have temporarily abolished the
kingship and recommend that it be permanently abolished. The action
which we have taken in the matter does not appear to have aroused any
hostile feeling among the natives.
No doubt many great chiefs regret that they will no longer have an
opportunity of gratifying their ambitions and indulging that passion for
rank and ceremony which is innate in the breast of every Samoan.
But even the chiefs have acquiesced in the change; some of the most
important have stated that they think it is for the good of Samoa, and
we believe that the mass of the population, unless worked upon by
extraneous influences (which is unhappily not impossible), will assent
to the abolition without a murmur and without regret.
Every white man, German, English, and American alike, who has given
evidence before the commission (with the exception of one or two lawyers
who had private interests in the case) has recommended the commission to
do away with the kingship, and we may also refer to the opinion of Sir
E. Malet, recorded in the protocols of the conference of Berlin, and of
Mr. Bates, in his report on Samoa.
It seems impossible to say of the office any good whatever. It is
comparatively modern as an institution. It served no useful purpose. In
recent years at any rate the King had no authority or practical power to
even collect taxes beyond the limits of the municipality, and within
those limits his authority was superfluous. The greater part of the
population was for all intents and purposes in permanent rebellion
against him, and the mere fact that orders were issued through him was
liable to provoke disobedience in many districts.
Further, it seems impossible to devise any plan by which an undisputed or
even peaceful succession can be secured. The kingship depends on a grant
of certain titles by certain districts. They are in the gift not of the
whole population, but of small bodies of electors who owe their position
to their rank. Even among these electors the principle that the majority
of the vote bestows the title is not accepted, and the gist of all the
“laws and customs of Samoa” is that there is nothing to prevent two
candidates from being duly elected King at the same time.
Formerly the claims of such rivals were decided by force of arms, but the
framers of the act of Berlin, who evidently thoroughly understood Samoan
custom and practice in this matter, laid down that “questions respecting
the rightful appointment of King shall not lead to war, but shall be
presented for decision to the chief justice of Samoa.” Recent experience
has unhappily proved that an attempt to settle the question in this way
also leads to war, and we are therefore strongly of opinion that the
only chance of preventing such dissensions in the future is to abolish
the office which provokes them.
In the place of the kingship we propose to create a system of native
government, analogous to that which works successfully in Fiji. The
islands will be divided into certain administrative districts
(corresponding as near as possible with those recognized by Samoan
usage) for [Page 638] each of which a
chief will be responsible, and these chiefs will meet annually at Apia
in a native council to discuss such matters as interest them and make
recommendations to the administrator and council. Native courts will be
allowed to punish minor crimes according to native law and customs, and
every provision has been made to secure the Samoan population complete
independence and self-government.
We fear, however, that the same causes which produced rival kings will
long continue to produce rival chiefs, who will claim the post of
provincial governor and create continual dissension. To guard against
this danger we have made provisions in Article III which empowers the
administrator to himself appoint the governor in case any dispute should
occur.
Perhaps the evils which it is least easy to cure are the second class,
those which arise from the rivalry and mutual hostility of the different
nationalities. This hostility permeates all departments of life. The
traders on one side combine against those on the other. The municipal
council is divided into two parties, each determined to support its own
programme and defeat that of the other.
Proposed reforms and measures are judged not on their merits, but by
party consideration, and officials, however impartial they may wish to
be, are considered to belong to one side or the other, according to
their nationality, and inevitably end by becoming more or less
partisans.
From the very commencement of the late contest for the kingship it was no
mere native quarrel between Mataafa and Tanu. On the one side were
ranged one foreign nationality and its officials, and on the other side
two other nationalities, with their officials; and the contest was
prolonged and not allowed to reach its natural termination.
We do not think it will ever be possible to do away with this state of
things under a tripartite administration, and we take this opportunity
of recording our opinion that the only natural and normal form of
government for these islands, and the only system which can assure
permanent prosperity and tranquillity, is a government by one power. We
regard it, however, as beyond our province to make any but a general
statement on such a subject, and we have endeavored to amend existing
arrangements in such a manner that they may prove, if not entirely
satisfactory, at least workable.
We propose to introduce an element of unity and centralization into the
government by the appointment of an administrator, who will doubtless be
chosen from some disinterested power. He will be assisted by a council
of delegates from the three governments, who might exercise such
consular functions as are necessary at Samoa. We propose to give this
administrator a large measure of authority, which, if exercised by a
just and capable man, should enable him to put an end to many
disputes.
We propose that the administrator and the three delegates should form a
legislative council, and we have introduced into the act several clauses
giving them the power to modify existing laws and ordinances.
We are of opinion that the original act of Berlin was drafted and has
been construed in too rigid a manner, and that greater elasticity in its
provisions would have a beneficial effect. We have therefore empowered
the council to make such alterations as it may think fit in the
boundaries of districts, the details of native government, and other
matters enumerated in the proposed amended act.
Thirdly, we hope to create a greater harmony among the white residents by
abolishing consular jurisdiction. We believe that in other parts of the
world such jurisdiction prevails only where the laws of a country are,
for religious or other reasons, not suitable for application to
foreigners. But the chief justice of Samoa is an American or European
and administers American and European law; it would appear therefore
that there is no reason why he should not take cognizance of all suits
brought against foreigners, nor why foreigners should enjoy privileges
of extraterritoriality except that of being amenable to the jurisdiction
of native courts which will deal only with such matters as are decided
according to native custom. Hitherto consular jurisdiction has been a
powerful means of embittering international strife in Apia. Each
nationality has had its own law, and the consul who administered that
law was popularly regarded not as an impartial judge, but as the
protector of his own nationality.
We believe that by abolishing this outward sign of separate national
institutions and by submitting all nationalities to one court and one
law a great advance will be made in the direction of removing petty
rivalries and jealousies and restoring good relations between the
various white colonies.
The third class of evils arises from the lawlessness now prevailing in
Samoa outside the municipality. For many years there has been no law in
these districts, and native institutions permitted chiefs to commit
crimes with impunity. Murder, theft, and other offenses were left
unpunished, and trade suffered, owing to the difficulty of affording
planters adequate legal protection in their dealings with the
aborigines. We hope to improve this state of things by giving the chief
justice an enlarged jurisdiction over all the islands, so as to include
all cases between natives and foreigners, as well as the higher grade of
crimes committed by natives against each other.
To lighten the work of the supreme court we have made the municipal
magistrate a court of first instance within the limits of the
municipality.
Fourthly, we have felt it our duty to deal somewhat severely with the
importation of arms and ammunition into Samoa. The prohibition existing
in the treaty has become a dead letter; the management of the customs
has been exceedingly lax, having been largely in the hands of merchants
who naturally found it convenient to have easy regulations. Private
commercial houses have been allowed to discharge goods direct into their
own receiving sheds without any examination, and, though we make no
specific accusations, it is clear that there can have been no difficulty
in introducing large quantities of arms and that arms were so
introduced.
We therefore feel it essential that the customs regulations should be
stringently enforced under the supervision of the administrator, and
that adequate customs accommodation with an adequate staff shall be
provided with as little delay as possible.
The amendments to the treaty of Berlin, which are herewith submitted for
the consideration of the great powers, have been determined upon after
consultation with all the leading white inhabitants of Apia, and after
conferences with all the leading chiefs on the islands.
The commission visited every district of the islands in person, and held
meetings of the natives, brought about reconciliations between [Page 640] the Tanu and Mataafa factions,
and learned the views of the people in regard to the forms of native
government most acceptable and best adapted to their requirements.
The commission thereafter, on the 14th of July, 1899, so soon as it had
formulated its views and determined upon the amendments necessary and
proper to be made, called a meeting of all the leading and common chiefs
of both Malietoa and Mataafa factions at Apia, at which meeting about
450 chiefs of all rank were present, and the commissioners there
explained the general propositions contained in the proposed amendments,
and the same were then and there agreed to and unanimously adopted, and
thirteen chiefs from either side were selected to ratify and adopt such
proposed amendments by affixing their names thereto, and their names
will be found appended to the copy of the amended general act which is
herewith submitted.
We have the honor to be, with expression of the highest
consideration,
Article I.
a declaration respecting the
neutrality of the islands of samoa and assuring to the
respective citizens and subjects of the signatory powers
equality of rights in said islands and providing for the
immediate restoration of peace and good order therein.
It is declared that the islands of Samoa are neutral territory in
which the citizens and subjects of the three signatory powers have
equal rights of residence, trade, and personal protection. None of
the powers shall exercise any separate control over the islands or
the government thereof.
It is further declared, with the view to the permanent restoration of
peace and good order in the said islands and in view of the
difficulties which have always attended the selection of a King and
the maintenance of his authority against the frequent rebellions
incited by the rival chiefs, that the office and title of King is
and forever shall be abolished in Samoa, and that the authority of
chiefs therein shall hereafter be limited to the district in which
it may be recognized, as hereinafter provided.
Article II.
a declaration respecting the
modification of existing treaties.
Considering that the following provisions of this general act can not
be fully effective without a modification of certain provisions of
the treaties heretofore existing between the three powers,
respectively, and the Government of Samoa, it is mutually declared
that in every case where the provisions of this act shall be
inconsistent with any provisions of such treaty or treaties the
provisions of this act shall prevail.
Article III.
a declaration as to executive
powers.
The executive powers shall be vested in an administrator of Samoa,
who shall be appointed by the three signatory powers in common
accord, or, failing their agreement, by the King of Sweden and
Norway.
[Page 641]
He shall receive an annual salary of ($6,000) six thousand dollars in
gold or its equivalent, to be paid out of the revenues of the Samoan
Government. Any deficiency therein shall be made good by the three
powers in equal shares.
The administrator shall execute all laws in force in the islands of
Samoa. He shall have power to grant reprieves and pardons for
offenses against the Government of Samoa. He shall have power, by
and with the consent and advice of the executive council, to appoint
all officers whose appointment is not herein otherwise provided for.
He shall have the power to fill all vacancies in office temporarily,
and until appointments to such offices shall have been regularly
made, and to designate persons to act in place of officers
temporarily absent from Samoa.
It shall be the duty of the administrator, by and with the consent of
the executive council, to divide the islands of Samoa, outside of
the municipal district of Apia, into a suitable number of districts,
which may, from time to time, be increased or decreased in size and
number as deemed advisable, and in each district to appoint a
governor who shall be charged with the collection of all taxes and
with the maintenance of peace and good order within the district.
The governors shall hold their office for a term of three years.
They may be reappointed at the expiration of the term, and they may
at any time be removed by the administrator for misbehavior. They
shall be appointed on the nomination of the natives of their
districts, but should the natives fail to agree upon a nomination
the administrator shall appoint such chief of the district as he
thinks fit. The local government of such districts shall be left, so
far as may be, to be administered by the natives themselves in
accordance with the laws and customs of Samoa.
Article IV.
a declaration as to legislative
powers.
1. The legislative powers shall be vested in the administrator and
legislative council. The council shall consist of three members, one
of whom shall be appointed by the United States, one by the Empire
of Germany, and one by the United Kingdom of Great Britain and
Ireland.
The administrator and council shall constitute a legislative body, of
which the administrator shall be the president, and he shall have a
voice in considering and a vote in determining all questions that
may come before it.
Three of the four members composing the legislative body shall
constitute a quorum for the transaction of business:
Provided, however, That no law shall be
enacted and that no rule or regulation having the force of law shall
be made without the concurrence of at least three members in open
session.
The legislative power of the administrator and council shall extend
to all rightful subjects of legislation, and in particular they
shall have power to levy and collect such taxes, duties, imposts,
and excises as may be necessary for the public revenues, and for
this purpose they shall have power to change and modify the taxes,
duties, imposts, and excises provided for in this act.
They shall have power to establish post-offices, post-roads, and a
uniform postal system. They shall have power to establish municipal
and district government and to limit and define their powers.
But the three great powers reserve to themselves at all times the
right and power to modify or annul any legislative act of the Samoan
Government.
2. The members of the legislative council shall also constitute an
executive council, which shall from time to time counsel and advise
the administrator in his executive capacity as may be required.
The members of the legislative and executive councils shall also,
when designated by the administrator, act in the capacity of
assessor and collector of customs and revenues, treasurer,
attorney-general, and such other executive officers of the
government as may be provided for.
They may also, if required, act in the capacity of consuls or
consular agents of their respective Governments.
3. There shall be a native assembly composed of the governors of the
different districts of the islands. The members of the native
assembly shall hold their office for three years, but the
administrator shall have the power to dismiss any of them for
misbehavior. The native assembly shall meet annually at Mulinuu at
such times as may be designated by the administrator, but such
session shall not continue for a longer time than thirty days in one
year, except for reasons approved by the administrator. The native
assembly shall be presided over by the chief justice, or some other
white official designated by the administrator, but the president so
designated [Page 642] shall not have
a vote and his functions shall be merely to control and direct the
proceedings of the assembly with a view to the dispatch of business.
The native assembly shall be empowered to deal with all questions
concerning district government, including native courts, and with
all matters which affect natives only. Its resolutions and
recommendations shall be referred to the administrator and
legislative council, who shall approve, disapprove, or return them
with such modifications as they may deem proper: Provided always, That no resolution or other action of the
native assembly shall have any binding force or effect until the
same shall have been approved by the administrator of the
legislative council.
Article V.
a declaration respecting the
establishment of a supreme court of justice for samoa, and
defining its jurisdiction.
Section 1. A supreme court shall be
established in Samoa to consist of one judge, who shall be styled
“chief justice of Samoa,” and who shall appoint a clerk and all
necessary officers of the court; and record shall be kept of all
orders and decisions made by the court, or by the chief justice in
the discharge of any duties imposed on him under this act. The clerk
and other officers shall be allowed reasonable fees, to be regulated
by order of the court.
Sec 2. With a view to secure judicial
independence and the equal consideration of the rights of all
parties, irrespective of nationality, it is agreed that the chief
justice shall be appointed by the three signatory powers in common
accord; or, failing their agreement, he may be appointed by the King
of Sweden and Norway. He shall be learned in law and equity, of
mature years, and of good repute for his sense of honor,
impartiality, and justice.
His decision upon questions within his jurisdiction shall be final.
The three powers, however, reserve to themselves the right to modify
or annul decisions of the supreme court involving any question of a
political or administrative character or principle of international
law. He shall receive an annual salary of five thousand dollars
($5,000) in gold or its equivalent, to be paid out of the revenues
of the Samoan Government. Any deficiency therein shall be made good
by the three signatory powers in equal shares.
The powers of the chief justice, in case of a vacancy of that office
from any cause, and during any temporary absence of the chief
justice from the islands of Samoa, shall be exercised by such person
as may be designated by the administrator.
Sec 3. In case any of the four Governments
shall at any time have cause of complaint against the chief justice
for any misconduct in office, such complaint shall be presented to
the authority which nominated him, and, if in the judgment of such
authority there is sufficient cause for his removal, he shall be
removed. If the majority of the three treaty powers so request, he
shall be removed. In case of removal, or in case the office shall
become otherwise vacant, his successor shall be appointed as
hereinbefore provided.
Sec 4. The chief justice is authorized at
his own discretion, and upon the written request of either party
litigant, to appoint assessors or jurors, not exceeding three in
number, nor of the nationality of either party, to hear and
determine any issue of fact arising in the case.
Sec 5. In case any difference shall arise
between either or any of the treaty powers and Samoa which they
shall fail to adjust by mutual accord, such difference shall not be
held cause for war, but shall be referred for adjustment on the
principles of justice and equity to the chief justice of Samoa, who
shall make his decision thereon in writing.
Sec 6. The chief justice may recommend to
the government of Samoa the passage of any law which he may consider
just and expedient for the prevention and punishment of crime, and
for the promotion of good order in Samoa and the welfare of the
same.
Sec 7. The supreme court shall have
original and final jurisdiction of:
- (1)
- All questions arising under the provisions of this amended
general act.
- (2)
- All civil suits concerning real property situated in Samoa
and all rights affecting the same.
- (3)
- All civil suits of any kind between natives and
foreigners, or between foreigners irrespective of their
nationality.
- (4)
- All crimes and offenses committed by natives against
foreigners, by foreigners against natives, or by foreigners
against each other irrespective of nationality, except
violations of municipal ordinances and regulations of which
the municipal magistrate is given jurisdiction.
- (5)
- Of all felonies committed by natives against each
other.
[Page 643]
Sec. 8. The supreme court shall have
appellate jurisdiction over all municipal magistrates and municipal
courts in civil cases where the amount of the judgment rendered
exceeds $10 and in criminal cases where the fine exceeds $20, or the
imprisonment (10) ten days.
Sec 9. The practice and procedure of common
law, equity, and admiralty, as administered in the courts of
England, may be so far as applicable the practice and procedure of
this court; but the court may modify such practice and procedure
from time to time as shall be required by local circumstances. Until
otherwise provided by law, the court shall have authority to impose,
according to the crime, the punishment established therefor by the
laws of the United States, of England, or of Germany, as the chief
justice shall decide most appropriate; or in the case of native
Samoans and other natives of the South Sea Islands according to the
laws and customs of Samoa.
Sec 10. Nothing in this article shall be so
construed as to affect existing consular jurisdiction over all
questions arising between masters and seamen of their respective
national vessels, nor shall the court take any ex post facto or
retroactive jurisdiction over crimes or offenses committed prior to
the organization of the court. The supreme court shall have power to
issue writs of injunction, attachment, mandamus, and other remedial
writs known to the common law. The writ of habeas corpus shall not
be suspended except in time of actual war.
Sec. 11. The legislative council shall have
power to create and provide such other and inferior courts and
judicial tribunals in Samoa as from time to time may be found
necessary and proper: Provided, That the
jurisdiction of the courts and judicial tribunals so created shall
not extend to civil cases involving an amount or property exceeding
in value $50, nor to criminal cases where the penalty exceeds a fine
of two hundred dollars ($200) or imprisonment for a longer term than
one hundred and eighty days.
Sec 12. The chief justice shall hold terms
of the supreme court in Apia and at such other places in the islands
of Samoa as in his discretion may be necessary and proper.
Article VI.
a declaration respecting titles
to land in samoa and restraining the disposition thereof by
natives; and providing for the registration of valid
titles.
Section 1. In order that the native Samoans
may keep their lands for cultivation by themselves and by their
children after them, it is declared that all future alienation of
lands in the islands of Samoa to the citizens or subjects of any
foreign country, whether by sale, mortgage, or otherwise, shall be
prohibited, subject to the following exceptions:
- (a)
- Town lots and lands within the limits of the municipal
district as defined in this act may be sold or leased by the
owner for a just consideration when approved in writing by
the chief justice of Samoa.
- (b)
- Agricultural lands in the islands may be leased for a just
consideration and with carefully defined boundaries for a
term not exceeding fifty (50) years when such lease is
approved in writing by the chief executive authority of
Samoa and by the chief justice; but care should be taken
that the agricultural lands and natural fruit lands of
Samoans shall not be unduly diminished.
Sec. 2. The court shall make provision for
a complete registry of all valid titles to land in the islands of
Samoa which are or may be owned by foreigners or natives.
Sec. 3. All lands acquired before the 28th
day of August, 1879—being the date of the Anglo-Samoan treaty—shall
be held as validly acquired, but without prejudice to rights of
third parties, if purchased from Samoans in good faith for a
valuable consideration in a regular and customary manner. Any
dispute as to the fact or regularity of such sale shall be examined
and determined by the court.
Article VII.
a declaration respecting the
municipal district of apia, providing a local administration
therefor and defining the jurisdiction of the municipal
magistrate.
Section 1. The municipal district of Apia
is defined as follows: Beginning at Vailoa, the boundary passes
thence westward along the coast to the mouth of river Fuluasa,
thence following the course of the river upward to a point at which
the Alafuala road crosses said river, thence following the line of
said road to the point where it [Page 644] reaches the river Vaisinago, and thence in a
straight line to the point of beginning at Vailoa, embracing also
the waters of the harbor of Apia: Provided,
That the administrator and council shall have power to interpret,
limit, and define the boundary of the municipal district of
Apia.
Sec. 2. Within the aforesaid district shall
be established a municipal council consisting of six members and a
mayor, who shall preside at all meetings of the council and who
shall, in the case of an equal division, have a casting vote. The
mayor shall be appointed by the municipal council with the approval
of the administrator.
In case the municipal council shall be unable to come to an agreement
they shall submit to the administrator the names of the candidates
whom they recommend for the office of mayor, and the administrator
shall choose the mayor from among them.
The mayor and the councilors shall be residents of the said district,
and owners of real estate, or conductors of a profession or business
in said district which is subject to a rate or tax not less in
amount than $5 per annum.
For the purpose of the election of members of the council the said
district shall be divided into three electoral districts, from each
of which an equal number of councilors shall be elected by the
taxpayers thereof, qualified as aforesaid, and the members elected
from each electoral district shall have resided therein for at least
six months prior to their election. It shall be the duty of the
administrator to make the said division into electoral districts as
soon as practicable.
Subsequent changes in the number of councilors or the number and
location of electoral districts may be provided for by municipal
ordinance, subject to reference to the administrator as hereinafter
provided.
The mayor shall hold his office for one year and until his successor
shall be elected and qualified.
The councilors shall hold their office for a term of two years and
until their successors shall be elected and qualified.
In the absence of the mayor the council may elect a chairman pro
tempore.
Consular officers shall not be eligible as councilors or mayor, nor
shall councilors or mayor exercise any consular functions during
their term of office.
Each member of the municipal council, including the mayor, shall,
before entering upon his functions, make and subscribe before the
chief justice an oath or affirmation that he will well and
faithfully perform the duties of his office.
Sec. 3. The municipal council shall have
jurisdiction over the municipal district of Apia so far as necessary
to enforce therein the provisions of this act which are applicable
to the said district, including the nomination of a municipal
magistrate, who shall be appointed in the same manner as the mayor.
The council shall also have the power to appoint all necessary
subordinate officers of justice and of administration in the said
district, and to provide for the security of person and property
therein; and to assess such municipal rates and taxes as they may
agree upon; and to provide proper fines and penalties for the
violation of the laws and ordinances which shall be in force in said
district and not in conflict with this act, including sanitary and
police regulations.
They shall establish pilot charges, port dues, quarantine, and other
regulations of the port of Apia. They shall also fix the salary of
the municipal magistrate, and establish the fees and charges allowed
to other municipal officers of the district.
All ordinances, resolutions, and regulations shall be referred by the
municipal council to the administrator, who shall express his
consent or disapproval or suggest amendments: Provided always, That no ordinances, resolutions, and
regulations passed by this council shall become law before receiving
the approval of the administrator.
Sec. 4. The municipal magistrate shall have
exclusive jurisdiction in the first instance over all persons,
irrespective of nationality, in case of infraction of any laws,
ordinances, or regulations passed by the municipal council, in
accordance with the provisions of this act, and of all misdemeanors
committed within the municipal district of Apia: Provided, That the penalty does not exceed a fine of $200
or imprisonment for a longer term than one hundred and eighty days,
with or without hard labor. The municipal magistrate shall also have
jurisdiction within the municipality of Apia in all civil suits not
affecting the right of real property between natives and foreigners,
or between foreigners irrespective of nationality, where the value
of the property or the amount involved does not exceed the sum of
$50.
Sec. 5. The mayor shall superintend the
harbor and quarantine regulations, and shall be in charge of the
administration of the laws and ordinances applicable to the
municipal district of Apia.
Sec. 6. The administrator and council shall
fix an annual sum to be paid out of the revenues of the island to
the municipal council for the expenses of the municipal government
and the execution of public works.
[Page 645]
Article VIII.
a declaration respecting taxation
and revenue in samoa.
Sec. 1. Until otherwise provided by law the
port of Apia shall be the port of entry for all dutiable goods
arriving in the Samoan Islands; and all foreign goods, wares, and
merchandise landed on the islands shall be there entered for
examination; but coal and naval stores which either Government has
by treaty reserved the right to land at any harbor stipulated for
that purpose are not dutiable when imported as authorized by such
treaty, and may be there landed as stipulated without such entry or
examination.
Sec. 2. To enable the Samoan Government to
obtain the necessary revenue for the maintenance of government and
good order in the islands the following duties, taxes, and charges
may be levied and collected:
A. Import duties.
| 1. |
On ale and porter and beer |
per dozen quarts |
$0.50 |
| 2. |
On spirits |
per gallon |
2.50 |
| 3. |
On wine, except sparkling |
do |
1.00 |
| 4. |
On Sparkling wine |
do |
1.50 |
| 5. |
On tobacco |
per pound |
.50 |
| 6. |
On cigars |
do |
1.00 |
| 7. |
On sporting arms |
each |
4.00 |
| 8. |
On gunpowder |
per pound |
.25 |
| 9. |
Statistical duty on all merchandise and goods imported,
except as aforesaid |
ad valorem |
2 p.c. |
B. Export duties.
| On copra |
ad valorem |
2½ p.c. |
| On coffee |
do |
2 p.c. |
| On cotton |
do |
1½ p.c. |
C. Taxes to be annually
levied.
| 1. |
Capitation tax on Samoans and other Pacific Islanders over
the age of 18 and under the age of 45 years, not included
under No. 2 |
per head |
$2.00 |
| 2. |
Capitation tax on colored plantation laborers, other than
Samoans, per head |
|
2.00 |
| 3. |
On boats, trading and others (excluding native canoes and
native boats carrying only the owner’s property) |
each |
4.00 |
| 4. |
On firearms |
do |
2.00 |
| 5. |
On dwelling houses (not including the dwelling houses of
Samoan natives) and on land and houses used for commercial
purposes |
ad valorem |
1 p.c. |
| 6. |
Special taxes on traders as follows: |
| Class I. |
|
On stores of which the monthly sales are $2,000 or
more |
each |
$100.00 |
| Class II. |
|
Below $2,000 and not less than $1,000 |
each |
$48. 00 |
| Class III. |
|
Below $1,000 and not less than $500 |
each |
$36.00 |
| Class IV. |
|
Below $500 and not less than $250 |
each |
$24.00 |
| Class V. |
|
Below $250 |
each |
$12.00 |
[Page 646]
D. Occasional taxes.
| 1. |
On trading vessels not exceeding 100 tons burden, calling
at Apia, each call |
$10.00 |
| 2. |
Upon deeds of real estate, to be paid before registration
thereof can be made, and, without payment of which title
shall not be held valid, upon the value of the consideration
paid |
½ p.c. |
| 3. |
Upon other written transfers of property, upon the selling
price |
1 p.c. |
|
Evidence of the payment of the last two taxes may be shown
by lawful stamps affixed to the title paper, or otherwise by
the written receipt of the proper tax collector |
|
| 4. |
Unlicensed butchers in Apia shall pay upon their
sales |
1 p.c. |
E. License taxes.
No person shall engage as proprietor or manager in any of the
following professions or occupations except after having obtained a
license therefor, and for such license the following tax shall be
paid in advance:
| Tavern keeper |
per month |
$10.00 |
| Attorney, barrister, or solicitor |
per annum |
60.00 |
| Doctor of medicine or dentistry |
do |
30.00 |
| Auctioneer or commission agent |
do |
40.00 |
| Baker |
do |
12.00 |
| Banks or companies for banking |
do |
60.00 |
| Barber |
do |
6.00 |
| Blacksmith |
do |
5.00 |
| Boat builder |
do |
6.00 |
| Butcher |
do |
12.00 |
| Cargo boat or lighter |
do |
6.00 |
| Carpenter |
do |
6.00 |
| Photographer or artist |
do |
12.00 |
| Engineer |
do |
12.00 |
| Engineer assistants |
do |
6.00 |
| Engineer apprentices |
do |
3.00 |
| Hawker |
do |
1.00 |
| Pilot |
do |
24.00 |
| Printing press |
do |
12.00 |
| Sailmaker |
do |
6.00 |
| Shipbuilder |
do |
6.00 |
| Shoemaker |
do |
6.00 |
| Land surveyor |
do |
6.00 |
| Tailor |
do |
6.00 |
| Waterman |
do |
6.00 |
| Salesmen, bookkeepers, clerks, paid less than $75 a
month |
do |
3.00 |
| Salesmen, bookkeepers, clerks, when paid $75 a month
and over |
do |
6.00 |
| White laborers and domestics, per head |
do |
5.00 |
| Factory hands and independent workmen |
do |
5.00 |
Sec. 3. It is understood that “dollars and
cents,” terms of money used in this act, describe the standard money
of the United States of America, or its equivalent in other
currencies.
Article IX.
a declaration respecting arms and
ammunition and intoxicating liquors, restraining their sale and
use.
Sec. 1. The importation into the islands of
Samoa of arms and ammunition by the natives of Samoa or by citizens
and subjects of any foreign country is prohibited, except in the
following cases:
- (a)
- Guns and ammunition for sporting purposes for which
written license shall have been previously obtained from the
administrator.
- (b)
- Small arms and ammunition carried by travelers as personal
appanage.
The supply of arms and ammunition by any foreigner to any native
Samoan subject or other Pacific islander resident in Samoa is
prohibited.
The penalty for so supplying arms shall be a fine not exceeding
($2,500) two thousand five hundred dollars, or a term of
imprisonment not exceeding two years or both, in the discretion of
the court, and the arms shall be confiscated. Half the fine shall go
to the informer.
[Page 647]
Any native found in the possession of arms or ammunition other than
such as are used for sporting purposes shall be liable to a fine not
exceeding ($200) two hundred dollars, and a term of imprisonment not
exceeding six months or both, in the discretion of the court, and
the arms shall be confiscated. Half the fine shall go to the
informer.
The Samoan government retains the right to import free of duty
suitable arms and ammunition to protect itself and maintain
order.
All arms without exception coming into Samoa shall be entered at the
customs and marked there with a stamp, and the possession by any
Samoan or foreigner of any arms not so stamped shall be prima facie
evidence that such arms were imported in violation of law.
The three Governments reserve to themselves the future consideration
of the further restrictions which it may be necessary to impose upon
the importation and use of arms in Samoa.
Sec. 2. No spirituous, vinous, or fermented
liquors, or intoxicating drinks whatever, shall be sold, given, or
offered to any Samoan or South Sea Islander resident in Samoa to be
taken as a beverage.
Adequate penalties, including imprisonment, for the violation of the
provisions of this section shall be established by the administrator
and council.
Sec. 3. General customs
regulations.—It is hereby provided that no person or
persons in Samoa shall enjoy any immunity from a strict examination
by the customs of all articles imported. All goods shall be landed
at the receiving sheds of the customs. The administrator and council
are authorized to enact laws and ordinances providing for
custom-house regulations, with suitable penalties for breach of the
same.
Article X.
The provisions of this act shall continue in force until changed by
consent of the three powers. Upon the request of either power, after
three years from the signature hereof, the powers shall consider by
common accord what ameliorations, if any, may be introduced into the
provisions of this amended general act. In the meantime, any special
amendment may be adopted by the consent of the three powers with the
adherence of Samoa: Provided, however, That
no amendment of any section or article of this amended general act
shall in any way affect private rights acquired under such section
or article prior to such amendment.
In evidence of our approval and ratification of the foregoing amended
general act pertaining to the government of Samoa, we, the high
chiefs and chiefs constituting the district governments of the
islands of Samoa, have hereunto affixed our hands and seals at Apia,
on the island of Upolu, this 17th day of July, A. D. 1899.
Malietoa-Tanumafili. [seal.]
Tupua Tamasese. [seal.]
Allen Williams, Interpreter.
17th July, 1899.
We hereby certify that we witnessed the signatures of Malietoa
Tanumafili and Tupua Tamasese, the within document having been
explained, read, and interpreted to them and they appearing to
understand the meaning of the same.
Hamilton Hunter,
Acting British Consul.
Leslie C. Stuart,
Captain R. H.
W. Johnston, Jr.,
British Consular Clerk.
In evidence of our approval and ratification of the foregoing amended
general act pertaining to the government of Samoa, we, the high
chiefs and chiefs constituting the district governments of the
islands of Samoa, have thereunto affixed our hands and seals at
Apia, on the island of Upolu, this 15th day of July, A. D. 1899.
[13 signatures.]
I hereby certify that the above and foregoing signatures of the
thirteen Mataafa chiefs were made and affixed in my presence and in
the presence of the high commissioners at Apia on the 15th day of
July, 1899.
Edwin Morgan,
Secretary to the Commission.
In evidence of our approval and ratification of the foregoing amended
general act pertaining to the government of Samoa, we, the high
chiefs and chiefs constituting [Page 648] the district governments of the islands of
Samoa, have thereunto affixed our hands and seals at Apia, on the
island of Upolu, this 15th day of July, A. D. 1899.
[13 signatures.]
I hereby certify that the above and foregoing signatures of the
thirteen Tanu chiefs were made out and affixed in my presence and in
the presence of the high commission at Apia on the 15th day of July,
1899.
Edwin Morgan,
Secretary to the
Commission.
