PROVIDE A GOVERNMENT FOR AMERICAN SAMOA FRIDAY, MAY 20, 1932 HOUSE OF REPRESENTATIVES, Washington, D. C. The committee this day met at 10.30 o'clock a. m., Hon. Butler B. Hare (chairman) presiding. The CHAIRMAN. The committee is called this morning for the purpose of taking testimony in connection with H. R. 9698, providing for a government for American Samoa. Mr. Beedy is the author of the bill, and I am sure we will not be able to finish taking the testimony to-day, but we shall be glad to hear from Mr. Beedy this morning, who is familiar with the bill and will be able to explain the details of it, a copy of same will be placed in the hearings at this time. [H. R. 9698, Seventy-second Congress, first session] A BILL To provide a government for American Samoa Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CHAPTER I-GENERAL PROVISIONS DEFINITIONS SECTION 1. That the phrase "the laws of American Samoa," as used in this act without qualifying words, shall mean the laws of American Samoa in force on the 16th day of October, 1930. The statute law of American Samoa then in force as set forth in a compilation made by A. M. Noble under the authority of the Governor of American Samoa and published in one volume in 1921, entitled "Codification of the Regulations and Orders for the Government of American Samoa" and the amendments thereto, as certified to by G. S. Lincoln, Governor of American Samoa on October 16, 1930, as "a complete and accurate copy of all existing laws, rules, and regulations which apply to the inhabitants of American Samoa," and in the "Customs, Immigration, and Harbor Regulations of American Samoa," printed in one volume, and certified as a correct and accurate copy on said date by said governor, are referred to in this act as "Codification" and "Customs Regulations." That all laws not appearing in the "Codification" and "Customs Regulations are hereby repealed. SEC. 2. That the islands acquired by the United States of America under the act of Congress entitled "Joint resolution to provide for accepting, ratifying, and confirming the cessions of certain islands of the Samoan group to the United States, and for other purposes," approved February 20, 1929, and the act of Congress entitled "Joint resolution extending the sovereignty of the United States over Swains Island and making the island a part of American Samoa," approved March 4, 1925, shall be known as American Samoa. 1 CITIZENS; BODY POLITIC SEC. 3. That a provincial government is hereby established over the said American Samoa with its capital at Pagopago (Fagatoga) on the island of Tutuila. That it shall not enter into any treaty, alliance, or confederation. That all persons of full or part Polynesian blood who were inhabitants of American Samoa on February 20, 1929, and their children born subsequent thereto, are hereby declared to be citizens of the United States of America. Those inhabitants of American Samoa of full or part Polynesian blood who, on said date, were residing on the mainland of the United States or in the Territory of Hawaii may, within two years after the taking effect of this act, file declarations in a district court of the United States to record their status as such, and those inhabitants of full or part Polynesian blood then residing elsewhere or engaged in foreign travel similarly may file such declarations with the governor of American Samoa. The people of American Samoa through the legislative authority of that government shall determine from time to time the qualifications necessary for citizenship in American Samoa, but no person shall be qualified to become a citizen of American Samoa who is not a citizen of the United States, nor shall American Samoan citizenship be denied to any person of full or part Polynesian blood, otherwise qualified. And until otherwise provided by law citizens of American Samoa shall be those persons of full or part Polynesian blood, being citizens of the United States by virtue of this act, who have resided in American Samoa for the five years preceding the taking effect of this act, and all other persons of full or part Polynesian blood whc, being American citizens, shall have resided in American Samoa for five years. They shall constitute a body politic under the name of the people of American Samoa, with governmental powers as in this act set forth and with power to sue and be sued as such. BILL OF RIGHTS SEC. 4. No law shall be enacted respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized. No person shall be deprived of life, liberty, or property without due process of law, nor shall private property be taken for public use without just compensation; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself. In all criminal prosecutions the accused shall have the right to a speedy and public trial; to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist in American Samoa. The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion, or invasion or imminent danger thereof the public safety shall require it. No ex post facto law shall be passed. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. SEC. 5. That, except as otherwise provided, all the laws of the United States, including laws carrying general appropriations, shall have the same force and effect within American Samoa as elsewhere in the United States: Provided, That sections 1453 to 1485, inclusive, and sections 1487 to 1489, inclusive, title 48, United States Code, and the amendments thereof, shall not apply to American Samoa, nor shall there apply to American Samoa any law of the United States dealing with or covering the following general subjects: Public lands, immigration, internal revenue, tariff, and income tax, unless specifically so made applicable by the act of Congress. The provisions of law restricting to vessels of the United States the transportation of passengers and merchandise directly or indirectly from any port of the United States to another port of the United States shall not be applicable to foreign vessels engaging in trade between the islands of American Samoa or between those islands and the United States. SEC. 6. That the laws of American Samoa not inconsistent with the provisions of this act shall continue in force, subject to repeal or amendment by the legislative authority of American Samoa or the Congress of the United States. SEC. 7. That the laws of American Samoa as set forth in the following sections of the codification, and relating to the following subjects, are hereby repealed: Codification, section 3, form of government, paragraphs 4, 26, 33, 39, 42, and 45, and last sentence in paragraph 10; section 7, oats; section 71, alienation of native lands, paragraph 7; section 99. taxation of visitors. 66 SEC. 8. That the laws of American Samoa as set forth in the following sections of the codification, and relating to the following subjects, are hereby amended as follows: Section 3, Form of government, paragraph 1, delete "The laws of the United States shall be considered to be in force in American Samoa, subject, nevertheless, to the provisions of this declaration and such laws and regulations as shall, from time to time, be promulgated by the Governor of American Samoa, and ", paragraph 3, line 7, delete "for enactment by the governor, upon his approval ", paragraph 11, delete from the first sentence "and shall hold courts as directed by the governor" and insert at the beginning of the sentence: "Except as otherwise provided", paragraph 17, delete "the jail at the United States naval station" and insert "jail", paragraph 19, delete" and approved of by the governor ", in paragraphs 14, 20, and 30 delete the word "natives and insert "citizens of American Samoa," and delete the word "foreigners" and insert "those not citizens of American Samoa ", paragraph 27, delete "governor " and insert "chief justice", paragraph 34, delete "His duties shall be to act as secretary to the governor, to," and insert "The Attorney General shall," and delete "under the instructions of the governor, and shall take the oath prescribed by law upon taking office" and insert as prosecuting attorney in all felonies", paragraph 35, delete the second and third sentences and insert "The head of the department, with the tit'e of 'public health officer,' shall be appointed by the governor ", paragraph 43, delete "in the administration building, naval station ", paragraph 46, delete the last sentence and insert "The governor shall call the Fono in extraordinary session whenever in his judgment the public interest requires it ", paragraph 47, in line 2, delete "answers to the ", in line 3, delete "published in the proclamation and on those," and delete the second sentence; section 8, Pay of native judicial officials, paragraph 1, in lines 9 and 10, delete "the governor shall prescribe" and insert "by law provided," and in line 11 before compensation insert "additional ", paragraph 2, delete in line 6 "the governor may prescribe " and insert "by law provided," and in the last line delete " governor" and insert "chief justice ", paragraph 3 delete "governor" and insert "chief justice"; section 16, Bank of American Samoa, paragraph 4, delete "Navy Department" and insert "governor "; section 17, Births and deaths, paragraph 6, delete "native" and insert person of Polynesian blood" and delete "foreigner" and insert "person not of Polynesian blood"; section 64, Immigration, paragraph 1, delete "foreign", paragraph 2, delete "a foreign" and insert "any", paragraph 3, at the end of the first sentence add "and until they have made such deposit they shall not be considered to have legally entered nor be entitled to remain in American Samoa," at the end of the second sentence delete a foreign and insert "any," and at the end of the third sentence delete "the governor find the person aforesaid undesirable for any reason and insert "he be convicted of an offense against the laws of American Samoa ", paragraph 5. in line 5 insert after "persons" the words "and also those who are not legally entitled to remain in American Samoa ", paragraph 6, add "Persons also are undesirable who are not legally entitled to remain in American Samoa because of failure to make said deposit "; section 67, Department of Education, paragraph 2 (a) delete "the allotments of his department in the budget approved by the governor, and with the orders of the governor and insert "law", paragraph 3, in line 4, delete " Samoans" and insert "citizens of American Samoa"; section 71, Alienation of native lands, paragraph 1, delete "aboriginal natives of the island of Samoa" and insert "citizens of American Samoa ", paragraph 2 (as amended), delete "native Samoans" and 66 66 46 66 insert citizens of American Samoa ", paragraph 3, delete "forty and insert "twenty"; section 73, paragraph 1, delete "native land" and insert "land owned by citizens of American Samoa" and delete "forty (40)" and insert "twenty"; section 78, Marriage, paragraph 1, delete in line 3 "foreigners" and insert "persons who are not citizens of American Samoa," and in line 10 delete foreigner" and insert " person", paragraph 8, delete "President of the," and delete "who" and insert in place thereof "which"; section 95, Dealings be tween Samoans and non-Samoans, paragraph 1, delete in line 2 "native Samoans and insert "citizens"; section 98, Assessment and collection of taxes, paragraph 2 (as amended), delete "adjournment of the annual Fono" and insert "last Wednesday in October," and delete "in the administration building, naval station," and insert at the beginning of the last sentence thereof "Until otherwise by law provided ", paragraph 3, insert at the beginning thereof "Until by law otherwise provided ", paragraph 4, line 3, delete "Samoan" and insert "citizen of American Samoa and every male of part or full Polynesian blood who is not a citizen of American Samoa," and in line 4 delete "foreigner" and insert "other male person ", paragraph 8, delete "foreigners" and insert "other male persons"; section 100, Traveling parties between American Samoa and Western Samoa, paragraph 3, delete" will then inform the Governor of Upolu, Savaii, and adjacent islands (known at the time of the original enactment of the regulation as German Samoa) of the full particulars of the intended 'malaga,' and upon a favorable reply being received from the Governor of Upolu, Savaii, and adjacent islands (known at the time of the original enactment of this regulation as German Samoa)," and delete "but if the Governor of Upolu, Savaii, and adjacent islands (known at the time of the original enactment of this regulation as German Samoa) does not approve of the 'malaga' visiting the places under his rule, then no passes shall be granted"; section 102, Department of Communications, paragraph 3, subparagraph 1-a, delete “the allotments of his department in the budget approved by the governor, and with the orders of the governor " and insert "law"; section 103, Fiscal regulations of the government of American Samoa, delete all of this section beginning with paragraph 3 of subsection 2, so that the section as amended shall consist of five paragraphs, and delete paragraph 1 of subsection 1 and insert "There shall be a treasurer of the government of American Samoa who shall be appointed by the governor. He shall furnish a surety bond for the faithful performance of his duties in such sum as the governor shall fix. The premium on the bond shall be paid by the government of American Samoa ;" and as set forth in the chapter in the Customs Regulations relating to the subject of customs are hereby amended in paragraph 8 thereof by deleting "the United States merchant marine act of June 5, 1920, applies to American Samoa," and those in the chapter in the Customs Regulations relating to the subject of immigration, which said chapter is section 64 of the codification, are hereby amended in conformity with the amendments above made to section 64. of American Samoa " 66 66 66 SEC. 9. That wherever the words "president of the high court" or "an American judge" or "American district judge " or foreign associate judges' or foreign officials " or secretary of native affairs" or "island government or "regulation" or declaration," or their equivalents, occur in the laws of American Samoa not repealed by this act, they are hereby amended to read "chief justice or other officials' or attorney general" or government of American Samoa or "law or "section," or their equivalents, as the context requires. 66 66 CERTAIN OFFICE ABOLISHED 66 SEC. 10. That the office of secretary of native affairs is hereby abolished. STYLE OF PROCESS SEC. 11. That the style of all process in the courts of American Samoa shall hereafter run in the name of "The People of American Samoa," and all prosecutions shall be carried on in the name and by the authority of the people of American Samoa. CHAPTER II-THE LEGISLATURE SEC. 12. The Legislature of American Samoa shall consist of one house, which shall be organized and shall sit according to the laws of American Samoa as they are now or may be amended or modified: Provided, That the governor shall not be a member thereof. The legislature shall be styled the "Fono." It shall be the judge of the selection and qualifications of its own members. It shall choose its own officers, determine the rules of its procedure, not inconsistent with this act, and keep a journal. SEC. 13. No idiot or insane person, and no person who shall be expelled from the Fono for giving or receiving bribes or being accessory thereto, and no person who, in due course of law, shall have been convicted of any criminal offense punishable by imprisonment, whether with or without fine, shall sit in the Fono or hold any office in, or under, or by authority of the government unless the person so convicted shall have been pardoned and restored to his civil rights. No person shall sit in the Fono who is not a citizen of American Samoa and who has not attained the age of thirty years nor resided in American Samoa for at least five years immediately preceding the sitting of the Fono. OATH OF OFFICE SEC. 14. That every member of the Fono and all officers of the government of American Samoa shall take the following oath or affirmation: "I solemnly swear (or affirm) in the presence of Almighty God that I will faithfully support the Constitution and laws of the United States and conscientiously and impartially discharge my duties as a member of the Fono or as an officer of the government of American Samoa (as the case may be)." YEAS AND NAYS SEC. 15. That the yeas and nays of the members on any question shall, at the desire of one-fifth of the members present, be entered on the journal. QUORUM SEC. 16. That a majority of the number of members to which the Fono is entitled shall constitute a quorum for the conduct of ordinary business, of which quorum a majority shall suffice; but the final passage of a law shall require the affirmative vote of a majority of the number of members to which the Fono is entitled. SEC. 17. That a smaller number than a quorum may adjourn from day to day and compel the attendance of absent members in such manner and under such penalties as the Fono may prescribe. SEC. 18. That, for the purpose of ascertaining whether there is a quorum present, the chairman shall count the number of members present. COMPENSATION OF MEMBERS SEC. 19. That the members of the Fono shall receive no compensation for their services, but may be allowed mileage not in excess of 20 cents a mile each way. EXEMPTION FROM LIABILITY SEC. 20. That no member of the Fono shall be held to answer before any tribunal for any words uttered in his legislative functions in the Fono. EXEMPTION FROM ARREST SEC. 21. That the members of the Fono shall, in all cases except treason, felony, or breach of the peace, be privileged from arrest during their attendance at the sessions of the Fono and in going to and returning from the same: Provided, That such privilege as to going and returning shall not cover a period of over ten days each way. DISTRICTS SEC. 22. That for the purpose of representation in the Fono American Samoa is divided into the following districts: The district of Falelima i sisifo (east), island of Tutuila; The district of Falelima i sasa'e (west), island of Tutuila; The district of Manua, the islands of Ofu, Olosega, and Tau; |