The Hawaiian gazette., 1890-02-11
THE SAMOAN TREATY.

4
but on January 10Th for the first
time the treaty was made public.
The following is full outline of its
provisions:
Article / declares that the islands
of Samoa are neutral ground in
which the citizens and subjects of the
three signatory powers have equal
rights of residence, trade and per-
sonal protection. The three powers
recognize the independence of the
Samoan Government and the free
rights of the natives to elect their
king or chief and choose their form
of government according to their
own laws and customs. Neither of
the powers shall exercise any separ-
ate control over the islands or the
government thereof. 1t is further
declared with view to the prompt
restoration of peace and good order
on these islands, and in view of the
difficulties which would surround an
election in the present disordered
condition of their government, that
Malietoa, who was formerly made
and appointed King on July II, 1881,
and was so recognized by the three
powers, shall again be so recognized
hereafter in the exercise of such
authority, unless the three powers
shall, by common accord, otherwise
declare, and his successors shall be
duly elected according to the laws
and customs of Samoa.
Article 2 provides that this act
shall supersede all now existing
treaties between the powers and
Samoa, but that Samoa shall give
consent to all its provisions before
going into effect.
Article 3 provides for the estab-
lishment of a Supreme Court in
Samoa consisting of one Judge, who
shall be appointed by the three sig
natory powers in common, or, these
failing, he is to be named by the
king of Norway and Sweden. His
decisions shall be final and his salary
$4,000 a year, payable the first year by
the three powers in equal proportion
and afterwards by the Samoan gov
eminent. He is made removable at
the request of majority of the three
treaty powers. On jurisdiction the
treaty says: The Supreme Court
shall have jurisdiction of all ques-
tions arising under the provisions Of
this general act. The court shall also
have appellate jurisdiction over all
municipal magistrates and officers.
Provision is made for the appoint
ment of assistants. The question of
right to the throne shall be settled
by the Chief Justice and he shall
have power to settle disputes between
the treaty powers, any such differ
ences not being considered cause for
war. The Chief Justice shall have
the right to suggest the passage of
any laws to the Samoan government
which he thinks advisable. To his
court shall be transferred civil suits
concerning real property IN Samoa,
and all rights affecting the same;
civil suits between natives and for
eigners, and crimes committed by
Samoans against foreigners or for
eigners against Samoans, where the
consuls have not jurisdiction. The
practice and procedure of English
courts shall guide.
Article 4, respecting titles to lands
in Samoa, and restraining disposition
thereof by natives, provides that all
future alienation Of lands on the
islands Of Samoa to citizens or sub
iects of any foreign country shall be
prohibited, subject to the following
conditions: Town lots and lands
may be sold or leased by the owner
for a Just consideration when ap-
proved in writing by the Chief JUS
tice. Agricultural lands may be
leased for term not exceeding forty
years, when the lease is approved in
writing by the chief executive au-
thority of Samoa and by the Chief
Justice. A court of claims to settle
on the validity of existing land titles
is provided for, with three commits
sioners at $500 a month each, during
the necessary term of service. The
court shall make provisions for a
complete registry of valid titles in
Samoa owned by foreigners. All
lands acquired before the 28th day
of August, 1879-being the date of
the Anglo Samoan treaty-shall be
held as validity acquired prescriptive
title by ten years past continuous
holding.
Article 5 describes the municipal
district of Apis and provides for the
local administration, which shall con
sist Of six members of the Munich
pal Council and a president with a
veto. This council shall enforce
the treaty as far as necessary over
Apia and shall regulate port char
ges. Councilman are to be prop
erty holders and shall be elected
by popular vote. The President of
the council shall be agreed upon by
the three powers. He may act under
joint instruction Of the three powers,
but shall receive no separate instruc-
tons from either. His salary will be