The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-07-30
DRAFT OF THE
AMENDED TREATY

shall not continue for a longer time than
reasons approved by the Administrator.
The Native Assembly shall be presided
over by the Chief Justice some other
white official designated by the Admin
istrator, but the president so designated
shall not have vote, and his functions
proceedings of the Assembly with a view
to the dispatch of business. The Native
Assembly shall be empowered to deal with
the organization of district government,
Including native courts and generally
with all questions which affect natives
only. Its resolutions and recommended
traitor and Legislative Council, who shall
approve, disapprOve or return them with
such notifications as they may deem
proper. Provided always that no reso-
luton or other action of the Native As
sembly shall have any binding force or
effect until the same shall have been ap-
proved by the Administrator and Leg1S-
lative Council.
ARTICLE v.
A DECLARATION RESPECTING THE
ESTABLISHMENT OF A SUPREME
COURT OF JUSTICE FOR SAMOA
A ANJD9- DEFINING ITS JURlsDlC-
Section l. A Supreme Court shall be es-
tablished in Samoa TO consist of one
Judge who shall appoint a clerk and all
necessary officers of the court; and record
made by the court, or by the Chief JUS
tice in the discharge of any duties i'm
posed on him under this act. The clerk
and other officers shall be allowed reas-
enable fees, to be regulated by order of
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
signatory powers in common accord; or,
failing their agreement he may be APP
pointed by the King of Sweden and Nor
way. He shall be learned in law and
equity, of mature years and of good re-
pute for his sense of honor, impartiality
and justice.
Jurisdiction shall be final. The three pow
ers, however, reserve to themselves the
right to modify or annul decisions or the
Supreme Court involving any question or
a political or administrator character or
principle of international law. he shall
receive an annual salary OF hYe thousand
dollars (S5000) in gold, or its equivalent,
to be paid out of the revenues OF the Sa-
moan Government. Any deficiency there
in shall be made good by the three sig
natory 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
If the Chief Justice from the islands of
Samoa shall be exercised by such person
as may be designated by the Administra-
Sec. g. In case either of the four Gov
ernments shall at any time have cause
of complaint against the Chief Justice
for any misconduct in office, such com
plant shall be presented to the authority
which nominated him, and if in the Iudg-
ment Of such authority there is sufficient
cause for his removal he shall be re-
moved If the majority of the three
treaty powers so requests he shall be
removed. In either case of removal or
in case the office shall become otherwise
vacant his successor shall be appointed
as hereinbefore provided.
Sec. f. The Chief Justice is authorized
l,;e- nd 10 vyri tpn
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 pow
ers and Samoa which they shall fall to
adjust by mutual accord, such difference
shall not be held cause for war, but shall
ciples of Justice and equity to the Chief
Justice of Samoa, who shall make his de-
cision thereon in writing.
Sec. &. The Chief Justice may recon-
mend to the Government of Samoa the
passage of any law which he shall con-
slider Just and expedient for the preven-
ton ard punishment Of crime and for the
promotion of good order in Samoa and the
Sec Z. The Supreme Court shall have
original and final jurisdiction of: IL All
questions arising under the provisions Of
this amended general act; (O all civil
suits concerning real property situated
same; 90 all civil suits Of any kind be-
tween natives ard foreigners irrespective
of their nationality: "a ali crimes and Of
lenses committed by natives against for
eigners, by foreigners against natives or
by foreigners against each other ire
spective of nationality. except violations
of municipal ordinances and regulations
OF which the municipal magistrate is
given jurisdiction; Co of all felonies com
mitted by natives against each other: (s)
the Supreme Court shall have appellate
jurisdiction over all municipal ma gfstrates
and municipal courts in civil cases where
the amount Of the judgment rendered eX-
ceeds 80 and in criminal cases where the
fine exceeds 500 or the imprisonment of
ten days.
Sec. s. 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
may modify such practice and procedure
from time to time as shall be required by
local circumstances. Until otherwise pro-
vided by law the court shall have author
punishment established therefor by tho
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 g. Nothing in this article shall be
so construed as to affect existing Consular
jurisdiction over all questions arising
between masters and seamen of their re-
spective national vessels. nor shall the
i've jurisdiction over crimes or offenses
committed prior to the organization of the
court. The Supreme Court shall have
power to issue writs of iniuncture, attach
writs known to the common law. The
writ of habeas corpus shall not be sus-
pended except In time of actual war.
Sec. 10. The Legislative. Council shall