The daily morning journal and courier., 1899-07-31

HleHt oil SucH d SupJecl ana We nave en- 1 deavored to amend existing arrange
 ments in such manner that they may prove, if not entirely satisfactory, at 1 least workable
 | Formerly the claims of such rivals were decided by force of arms, but the framers of the act of Berlin, who evil dently understood Samoan customs and
 practice in this matter laid down that questions respecting the rightful ap- continent of king shall not lead to war, put 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 the opinion that
 the only chance of preventing such dis
 sensions in the future, is to abolish the
 office which has provoked them. In
 the place of the kingship, we propose to
 create system of native government
 analogous to that which works suc-
 cessfully in Fiji. The islands will be
 divided into certain districts (corre-
 spending as nearly as possible with
 those recognized by Samoan usage), for
 each of which chief will be held re-
 sponsible and these chiefs will meet an-
 nually at place in native council to
 discuss such matters as interest them
 and make recommendations to the ad-
 ministrator and council. Native courts
 will be allowed to punish minor crimes
 according to native laws and customs
 and every provision has been made to
 secure the Samoan population independ-
 and no
 that the same causes which produces
 rival kings will long continue to pro-
 duce rival chiefs who will claim the
 post of the provincial government and
 create continued dissension, however.
 We propose to introduce an element of unity and standardization into the
 government by the appointment of an
 administration which will doubtless be chosen from some distinterested power. He will be assisted by council of dele gates from the three governments who
 might exercise such consular functions
 as are necessary in Samoa. We pro- pose to give this administrator large measure of authority which if exercised by just and capable man, should ena-
 ble him to put an end to many dis putes. We propose that the administra- tor and the three delegates should form a legislative council and we have intro- duced into the act several clauses giv- ing them power to modify existing ordi- nances.
 We are of opinion that the original act of Berlin was drafted and has been con- strued in too rigid a manner and that greater elasticity in it's provisions would have a beneficial effect. We have, therefore, empowered the council to make such alterations as it may see fit in matters enumerated in the pro- posed act
 Thirdly-We hope to create greater harmony among the white residents by aholishing consular Jurisdiction. We believe tfiat in other parts of the world such jurisdiction prevails only where the laws of country are for religious or other reasons not suitable for appli- cation to foreigners. But the chief jus tice of Samoa is an American or Euro pean and administrates American or European law It would appear, there fore, that there is no reason why ne should not take cognizance of all suits brought against foreigners, nor why foreigners should enjoy privileges of ex- tra-territoriality except that of not be- ing amenable to the jurisdiction of na- tive courts, which will deal only with | such matters as are decided according ! +o native customs Hitherto consular | jurisdiction has been powerful means | of embittering international strife III Apia.
 Each nationality has it's own law ana the consul who administered that law was popuarly regarded not as an lm- partial judge, but as protector or ms own nationality. We believe that by a polishing this outward sign of sepa- rate international institutions and by all nationalities to one court and one law a great advance will be L made in the direction of removing pet ty rivalries and jealousies and restor- ing good relations between the various colonies.
 The third class of evils arise from the lawlessness now prevailing i'll Sa- moa outside the municipality. For many years there has been no law in these districts and native institutions permit ted chiefs to commit crimes with impu- nity Murder, theft and other offenses were left unpunished and trade suffered owing to the difficulty of affording planters adequate legal protection in in their dealings with the aborigines We hope to improve this state of things by giving the chief justice an enlarged jurisdiction over all these islands so as to include all cases between natives and foreigners as well as the lower grades of crime committed by natives against each other. To Tighten the work of the supreme court we have made the muni- opal magistrate a court of first in- stance within the limits of the munf- ,ipalty
 Fourthly-We have felt it our duty to leal somewhat severely with the im- of arms and ammunition into Samoa. The prohibition existing in the reaty has become a dead letter; the of the customs has been lax, having been largely in he hands of merchants who naturally ound it convenient to have easy regu- ations. Private commercial houses lave been allowed to discharge goods lirect into their own receiving sheds without any examination, and though ve make no specific accusations, it is lear that there can have been no diffi- ulty in introducing large quantities of