Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-09-29
CHIEF JUSTICE IDES.
He Will Preside Over the Supreme
Court at Samoa.
OFFICE WITH GRAVE RESPONSIBILITIES,
What the Treaty Provides in Re-
gard to the Matter.
HIS FORMER EXPERIENCE

Judge Harry c. Ides Of st. Johnsbury. VT.
oy the grace of Germany, Great Britain and
the United States chief justice of Samoa,
has notified the State Department Of his
acceptance Of the appointment. and he adds
Incidentally that he will proceed to his post
'f duty By the steamship Mariposa. sched-
lied to sail from San Francisco on the 18th
oroximo. He has already received his full
instructions from the Secretary Of State,
md 1t Is said at the State Department that
here Is no necessity for his visiting this
city on his way to Samoa
Recommended by Germany.
Mr.. Ides' appointment came by the recon-
mendation of the German government dur
ing President Harrison's administration.
upon the resignation Of Chief Justice Ce-
darkranz. and was recently taken up again
and approved by the present administra-
ton. The appointee was formerly United
states land commissioner at Samoa and
has thorough acquaintance with the peo-
pie and customs of the islands His pres
ent appointment Is made in accordance
with the general act, concluded at Berlin,
June IA. 1859, by the United States, Ger
many and Great Britain, providing for the
heutranty and autonomous government Of
ne samoan Islands.
Article 3 of that act provides for the es-
tabushment of a supreme court OF justice
Tor Samoa and defines its jurisdiction. Sec
ton provides as follows:
With a view to secure judicial indie
penuence and the equal consideration Of the
rights OF all parties. irrespective Of nation
y, IL Is agreed that the chief justice
be named by the three signatory pow
In common accord; or. failing their
cement he may be named by the King
sweden and Norway. He shall be
rned In law and equity. of mature years
o
ipartiality and justice.
His decision upon questions within his
Jurisdiction shall be final He shall be ap-
1ointed by the Samoan government upon
he certificate of his nomination as herein
'rovided. He shall receive en- annual SAL
~ of six thousand dollars 5000 in gold,
its equivalent. to be paid the first year
equal proportions by the three treaty
wers. and afterward out OF the revenues
samoa apportioned to the use of the Sa-
Jan government. upon which his compen-
.tion shall be the first charge Any de-
AGENCY therein shall be made good by the
three powers in equal shares.
Jurisdiction OF the Supreme Court.
Other sections provide as follows:
The supreme court shall have jurisdic-
ton OF all questions arising under the pro-
visions Of this general act: and the decision
or order of the court thereon shall be con-
elusive upon all residents of Samoa The
court shall also have appellate jurisdiction
over all municipal magistrates and Offices
In case any question shall hereafter arise
In samoa respecting the rightful election or
appointment of king or of any other chief
claiming authority over the islands; or re-
speeding the validity of the powers which
the king or any chief may claim in the ex-
ereise OF his Office. such question shall not
lead TO war. but shall be presented for de-
cision to the chief justice of Samoa who
shall decide it in writing. conformably to
the provisions of this act and to the laws
and customs of Samoa not In conflict there
. g iyna ain
accept AM tbide by such decision.
In cas- difference shall arise between
either Of le treaty powers and Samoa
which they shall fail to adjust by mutual
Hccord. such difference shall not be held
cause for war. but shall be referred for ad-
istment on the principles of justice and
equity to the chief justice OF Samoa. who
snail make his decision thereon IN writing.
The Chief Justice.
The chief justice may recommend to the
government Of Samoa the passage of any
law which he shall consider Just and expe-
dent for the prevention and punishment of
crime and for the promotion of good order
IN Samoa outside the municipal district and
FOR the collection of taxes without the dis
Isrict-
court there shall be transferred to its ex-
elusive Jurisdiction:
Il. 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 foreign
ers OF different nationalities.
3. All crimes and offenses committed by
natives against foreigners or committed by
such foreigners are not subject to any
consular jurisdiction.
The practice ana 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.
The court shall have authority to impose,
according to crime. the punishment estab-
Iished therefor by the laws of the United
states. or England, or of Germany, as the
chief Justice shall decide nose appropriate;
or. in the case of native Samoans and other
natives Of the South Sea Islands, according
70 the laws and customs of Samoa"
An Important Ohice.
Thus 1T will be seen that the new chief
Justice fills an important Office. imposing
grave responsibilities. As King Malietoa
is practically reduced to a figure head the
Samoan system has been aptly termed a
government by chief Justice" The DOW
ers conferred on him are justly regarded
as extraordinary. Judge Cedarkrantz his
predecessor, who was named by the King
OF Sweden at the request OF the three
treaty powers, was not regarded as a sue
cess and his administration was an unpop-
ular one. due principally to the fact that
Ides' previous experience with the islands
and MS familiarity with the situation will
undoubtedly give him a great advantage
over his predecessor. This Is especially go
from the fact that land titles constitute a
large part of the business submitted TO
the chief Justice.
No Confirmation by the Senate.
Judge ldes' appointment is not subject
TO confirmation by the Senate and should
not be COMPOUNDED with the recent nomi-
nation OF Mr. William Lea Chambers Of
Aiaoama 10 be a land commissioner In
Samoa. which is now pending in the Sem
a az, mere are three OF these land commits
eloners. one appointed by each of the three
uea'y.inaking powers. under the general
act or June IA. 1889. and their duties orc
10 ADJUST and settle all claims bv ausns
or utIes to land or any interest therein in
tne sands or Samoa" Mr.. Chambers ia
appointeI IN place of Mr.. Ormsbee re-.
eigned His compensa ton is 300 a rnor,h
and expenses to and from Samoa.
~-