The Commission to Mr. Hay.

Sir: We have the honor to submit herewith to the consideration of our three Governments the inclosed draft of a modified and amended version of the act of Berlin.

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.

The chief evils may be, in our opinion, grouped under four heads:

Those which appear to inevitably attend the election of a king in Samoa and his subsequent efforts to exert his authority.
Those which are due to the rivalry of the foreign nationalities between themselves and to their disposition to take sides in the native politics and thus increase the importance and bitterness of the disputes which arise.
A third class of evils have their origin in the fact that for many years there has been no law or government in Samoa other than native custom outside the limits of the municipality. Murder and other serious crimes have remained unpunished when committed by persons of [Page 637] rank, and the supreme court and the nominal government at Mulinuu have been equally powerless to exert any controlling force.
The insufficient enforcement of the customs regulations has allowed unscrupulous traders to distribute large numbers of arms among a native population rent by political factions and ready to fight both one another and Europeans.

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.

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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,

Your obedient servants,

  • Bartlett Tripp,
    Commissioner of the United States.
  • H. Sternburg,
    High Commissioner of Germany.
  • C. N. Elliot,
    Her Britannic Majesty’s High Commissioner.

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:

All questions arising under the provisions of this amended general act.
All civil suits concerning real property situated in Samoa and all rights affecting the same.
All civil suits of any kind between natives and foreigners, or between foreigners irrespective of their nationality.
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.
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:

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.
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:

Guns and ammunition for sporting purposes for which written license shall have been previously obtained from the administrator.
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.

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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.