« PreviousContinue »
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, and may establish a local postal system. They shall also fix the salary of the Municipal Magistrate and establish the fees and charges allowed to other civil officers of the District, excepting Clerk and Marshall of the Supreme Court.
All ordinances, resolutions and regulations passed by this Council before becoming law shall be referred to the Consular Representatives of the Three Treaty Powers sitting conjointly as a Consular Board, who shall either approve and return such regulations or suggest such amendments as may be unanimously deemed necessary by them.
Should the Consular Board not be unanimous in approving the regulations referred to them, or should the amendments unanimously suggested by the Consular Board not be accepted by a majority of the Municipal Council, then the regulations in question shall be referred for modification and final approval to the Chief Justice of Samoa.
Section 4 The Municipal Magistrate shall have exclusive jurisdiction in the first instance over all persons irrespective of nationality in case of infraction of any law, ordinance, or regulation passed by the Municipal Council in accordance with the provisions of this Act, provided that the penalty does not exceed a fine of two hundred dollars or imprisonment for a longer term than 180 days.
In cases where the penalty imposed by the Municipal Magistrate shall exceed a fine of twenty dollars or a term of ten days imprisonment an appeal may be taken to the Supreme Court.
Section 5 The President of the Municipal Council shall be a man of mature years, and of good reputation for honour, justice and impartiality. He shall be agreed upon by the Three Powers; or, failing such agreement, he shall be selected from the nationality of Sweden, The Netherlands, Switzerland, Mexico or Brazil, and nominated by the Chief Executive of the nation from which he is selected, and appointed by the Samoan Government upon certificate of such nomination.
He may act under the joint instruction of the Three Powers, but shall receive no separate instruction from either. He shall be guided by the spirit and provisions of this General Act, and shall apply himself to the promotion of the peace, good order and civilization of Samoa. He may advise the Samoan Government when occasion requires, and shall give such advice when requested by the King, but always in accordance with the provisions of this Act, and not to the prejudice of the rights of either of the Treaty Powers.
He shall receive an annual compensation of five thousand dollars ($5000.00), to be paid the first year in equal shares by the Three Treaty Powers, and afterward out of that portion of Samoan revenues assigned to the use of the Municipality, upon which his salary shall be the first charge.
He shall be the Receiver and Custodian of the revenues accruing under the provisions of this Act, and shall render quarterly reports of his receipts and disbursements to the King, and to the Municipal Council.
He shall superintend the Harbour and Quarantine regulations, and shall, as the chief executive officer be in charge of the administration of the laws and ordinances applicable to the Municipal District of Apia.
The Chief Justice shall, immediately after assuming the duties of his office in Samoa, make the proper order or orders for the election and inauguration of the local government of the Municipal District, under the provisions of this Act. Each Member of the Municipal Council, including the President, 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.
Article VI.-A Declaration respecting Taration and Revenue in Samoa.
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 merchandize 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 harbour 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.
Section 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, without prejudice to the right of the native government to levy and collect other taxes in its discretion upon the natives of the Island and their property, and with the consent of the Consuls of the Signatory Powers upon all property outside the Municipal District, provided such tax shall bear uniformly upon the same class of property, whether owned by natives or foreigners. A. Import duties
Doll. c. 1. On Ale and Porter and Beer per dozen quarts_
-. 50 2. On Spirits, per Gallon---
2. 50 3. On Wine except sparkling, per Gallon.-
1. 4. On Sparkling Wines per Gallon.
1. 50 5. On Tobacco per lb--
. 50 6. On Cigars per lb--
1. 7. On Sporting arms, each..
4. 8. On Gunpowder per lb.
25 9. Statistical duty on all merchandise and goods imported, except as aforesaid, ad valorem..
B. Export duties on copra
242 p. c. on cotton ad valorem
142 p. c. on coffee
p. c. C. Taxes to be annually levied 1. Capitation tax on Samoans and other Pacific Islanders not included under No. 2, per head.
1.2. Capitation tax on coloured plantation labourers, other than Samoans, per head..
2.3. On boats, trading and others (excluding native canoes and native boats carrying only the owner's property) each---
4. 4. On firearms, each--
2. 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:
36.Class IV. Below $500 and not less than $250.--
24.Class V. Below $250
D. Occasional tares
1. On trading vessels exceeding 100 tons burden calling at Apia, at each
call 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---3. Upon other written transfers of property, upon the selling price--
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.
12 p.c. 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.
$10 per month. Attorney, barrister or Solicitor
60 per annum. Doctor of Medicine or dentistry
30 per annum. Auctioneer or commission agent
40 per annum. Baker
12 per annum. Banks or companies for banking
60 per annum. Barber
6 per annum. Blacksmith
5 per annum. Boat Builder
6 per annum. Butcher
12 per annum. Cargo-boat or lighter.
6 per annum. Carpenter
6 per annum. Photographer or Artist.
12 per annum. Engineer
12 per annum. Engineer assistants..
6 per annum. Engineer apprentices.
3 per annum. Hawker
1 per annum. Pilot
24 per annum. Printing press.
12 per annum. Sail maker.
6 per annum. Ship builder
6 per annum. Shoemaker
6 per annum. Land Surveyor.
6 per annum. Tailor
6 per annum. Waterman
6 per annum. Salesmen, bookkeepers, clerks, paid not less than $75 a month
3 per annum. Same when paid over $75 a month..
6 per annum. White la bourers and domestics per head.
5 per annum. Factory hands and independent workmen.
5 per annum.
Of the revenues paid into the Treasury the proceeds of the Samoan capitation tax, of the license taxes paid by native Samoans, and of all other taxes which may be collected without the Municipal District, shall be for the use and paid out upon the order of the Samoan Goverment. The proceeds of the other taxes, which are collected in the Municipal District exclusively, shall be held for the use and paid out upon the order of the Municipal Council to meet the expenses of the Municipal Administration as provided by this Act.
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 VII.-A declaration respecting arms and ammunition, and intoricating liquors, restraining their sale and use.
Arms and ammunition The importation into the Islands of Samoa of arms and ammunition by the natives of Samoa, or by the citizens or subjects of any foreign country, shall be prohibited except in the following cases:
(a) Guns and ammunition for sporting purposes, for which written license shall have been previously obtained from the President of the Municipal Council.
(b) Small arms and ammunition carried by travellers as personal appanage.
The sale of arms and ammunition by any foreigner to any native Samoan subject or other Pacific Islander resident in Samoa is also prohibited.
Any arms or ammunition imported or sold in violation of these provisions shall be forfeited to the Government of Samoa. The Samoan Government retains the right to import suitable arms and ammunition to protect itself and maintain order; but all such arms and ammunition shall be entered at the Customs (without payment of duty) and reported by the President of the Municipal Council to the Consuls of the Three Treaty Powers.
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 firearms in Samoa.
Intoxicating Liquors No spirituous, vinous or fermented liquors, or intoxicating drinks whatever, shall be sold, given or offered to any native 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 Article shall be established by the Municipal Council for application within its jurisdiction; and by the Samoan Government for all the Islands.
Article VIII.-General dispositions.
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 General Act. In the meantime any special amendment may be adopted by the consent of the Three Powers with the adherence of Samoa.
The present General Act shall be ratified without unnecessary delay, and within the term of ten months from the date of its signature.
In the meantime the Signatory Powers respectively engage themselves to adopt no measure which may be contrary to the dispositions of the said Act.
Each Power further engages itself to give effect in the meantime to all provisions of this Act which may be within its authority prior to the final ratification,
Ratification shall be exchanged by the usual diplomatic channels of communication.
The assent of Samoa to this General Act shall be attested by a certificate thereof signed by the King and executed in triplicate, of which one copy shall be delivered to the Consul of each of the Signatory Powers at Apia for immediate transmission to his Government.
Done in triplicate at Berlin this fourteenth day of June one thousand eight hundred and eighty nine.
JOHN A. KASSON, WM. WALTER PHELPS, GEO. H. BATES, H. BISMARCK,
HOLSTEIN, R. KRAUEL, EDWARD B. MALET, CHARLES S. SCOTT,
CONVENTION BETWEEN UNITED STATES, GERMANY, AND GREAT BRITAIN RELATING
TO SETTLEMENT OF SAMOAN CLAIMS Concluded November 7, 1899; ratification advised by Senate February 21, 1900; ratified by President March 5, 1900; ratifications exchanged March 7, 1900; proclaimed March 8, 1900.
I. Claims considered.
The President of the United States of America, His Majesty the German Emperor, King of Prussia, in the name of the German Empire, and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, being desirous of effecting a prompt and satisfactory settlement of the claims of the citizens and subjects of their respective countries resident in the Samoan Islands on account of recent military operations conducted there, and having resolved to conclude a Convention for the accomplishment of this end by means of arbitration, have appointed as their respective plenipotentiaries :
The President of the United States of America, The Honorable John Hay, Secretary of State of the United States;
His Majesty the German Emperor, King of Prussia, His Minister in Extraordinary Mission, Dr. Jur. Mumm von Schwarzenstein, Privy Councilor of Legation; and
Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Mr. Reginald Tower, Her Britannic Majesty's Chargé d'Affaires ad interim;
Who, after having communicated to each other their full powers, which were found to be in due and proper form, have agreed to and concluded the following articles:
ABTICLE I All claims put forward by American citizens or German or British subjects respectively, whether individuals or companies, for compensation on account of losses which they allege that they have suffered in consequence of unwarranted military action, if this be shown to have occurred, on the part of American, German or British officers between the first of January last and the arrival of the Joint Commission in Samoa shall be decided by arbitration in conformity with the principles of International Law or considerations of equity.
ARTICLE II The three Governments shall request His Majesty the King of Sweden and Norway to accept the office of Arbitrator. It shall also be decided by this arbitration whether, and eventually to what extent, either of the three Governments is bound, alone or jointly with the others, to make good these losses.
ARTICLE DI Either of the three Governments may, with the consent of the others, previously obtained in every case, submit to the King for arbitration, similar claims of persons not being natives, who are under the protection of that Government, and who are not included in the above mentioned categories.
The present Convention shall be duly ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by His Majesty the German Emperor, King of Prussia ; and by Her Majesty the Queen of the United Kingdom of Great Britain and Ireland ; and the ratifications shall be exchanged at Washington four months from the date hereof, or earlier if possible.
In faith whereof, we, the respective Plenipotentiaries, have signed this Convention and have hereunto affixed our seals.
Done in triplicate at Washington the seventh day of November, one thousand eight hundred and ninety-nine.
JOHN HAY (SEAL)
A V MUMM (SEAL)
REGINALD TOWER (SEAL) 1902
SAMOAN CLAIMS DECISION
Decision given by His Majesty Oscar II, King of Sweden and Norway, as arbitra
tor under convention of November 7, 1899, between Germany, Great Britain, and the United States, relating to claims on account of military operations conducted in Samoa in 1899, given at Stockholm October 14, 1902. We Oscar, by the Grace of God King of Sweden and Norway,
Having been requested by His Majesty the German Emperor, King of Prussia, in the name of the German Empire, by Her Majesty the late Queen of the United