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Sections 48.

Section 49.

Section 51.

Section 52.

Section 53.

That the public lands shall not be sold but be administered for the benefit of the people of American Samoa for educational and other purposes. This provision is consonant with the pertinent paragraph in the joint resolution of Congress accepting the cessions. While it is believed that there are few, if any, areas of public land, as that phrase is commonly used, yet Rose Island may be an exception, and an investigation, with a survey of the lands, may disclose other areas. Therefore, this provision is recommended.

That the ownership of private land be confined to persons who are citizens of American Samoa and that leasehold interests for a longer term than 20 years be prohibited. The present law of Samoa makes 40 years the limit of leaseholds. It is believed that such is too long a term, as it amounts to a virtual alienation for the remainder of the lessor's life in most cases.

The restriction regarding the ownership of land is calculated to protect the inhabitants from exploitation by outsiders and at the same time to do away with the arbitrary discrimination against persons of the half blood who, since 1900, have been denied land ownership in the land of their birth. This measure has the support of the great body of the chiefs and people of American Samoa. While the lands generally are held in family ownership, there are a few areas not in the communal system, titles to which were granted and recognized before 1900. The act recognizes and protects these ownerships as an exception to the general law.

That the quarantine regulations of American Samoa be under the control of the Federal Government and that the Public Health Service be extended to American Samoa.

That, due to the necessity of maintaining the revenues of the Government of American Samoa, the customs duties collectible at Pagopago should not be lowered or abolished. This requires provision in the act making it definite that the tariff laws of the United States do not apply in American Samoa. This provision is also needed to maintain the integrity of the Berlin treaty of 1899, which guaranteed as to all the islands of Samoa the open door of trade to the signatories, the United States, Germany, and Great Britain. It is also necessary for the good of the people of American Samoa that the markets of the mainland be available to them for the products of American Samoa. This is provided in the act and in such manner as not to permit imports into the United States from American Samoa of merchandise and articles not the growth, production, or manufacture of American Samoa.

That naturalization matters be triable in the courts of American Samoa under the naturalization laws of the United States, but that those laws be amended so as not to deny their benefits to persons of Polynesian blood

solely on the ground of their ancestry. The record as American citizens now for over 30 years which has been made by the Hawaiians, who are of the same race as the Samoans, is sufficient justification for this recommendation, backed up as it is by the matured conclusions of the ethnologists stated above.

That the people of American Samoa be relieved of all Section 5. taxation for the benefit of the Government of the United States and that the internal revenue and income tax laws and other laws on this subject be made inapplicable to American Samoa, unless specifically so stated.

That the immigration laws of the United States be Section 5. made inapplicable to American Samoa, so that that subject may be legislated upon by its people as they wish. The reason for this recommendation is that the near relatives and kindred of the inhabitants live only 80 miles away in the islands of Samoa mandated to New Zealand. There always has been, and probably always should be, freedom of travel between the two divisions of the race (separated as they are only by the accident of history), travel untrammeled by technicalities evolved to meet conditions greatly different.

That the provisions of the maritime laws restricting Section 5. to vessels of the United States the transportation of merchandise and passengers between any ports of the United States to another port of the United States be made not applicable to foreign vessels engaged in trade between the islands of American Samoa and between those islands and the United States. This amendment to existing law is required to maintain the integrity of the Berlin convention of 1899 between the United States, Great Britain, and Germany, wherein it was covenanted "It is understood and agreed that each of the three signatory powers shall continue to enjoy, in respect to their commerce and commercial vessels, in all the islands of the Samoan group, privileges and conditions equal to those enjoyed by the sovereign power, in all ports which may be open to the commerce of either of them."

That the laws of the United States relating to Terri- Section 5. tories in general be made inapplicable to American Samoa. This refers to sections 1453 to 1485, inclusive, and sections 1487 to 1489, inclusive, of the United States Code. The subject matter of these sections is either inapplicable to American Samoa or else is covered in the act proposed.

That the laws of the United States, except as otherwise Section 5. provided and as above recommended, shall be extended to American Samoa.

That Swains Island, because of its small population Section 55. and trade and its comparative inaccessibility from Pagopago, be administered as though it were a part of the naval station of Tutuila as near as may be in accordance with the laws applicable in the other parts of American Samoa.

Earlier in the report reference was made to the inadequate and dangerous small boat passage through the reefs. Particularly in the Manua group of islands is it important that better facilities be provided so that persons may land in greater safety and the copra can be shipped with fewer losses. Extensive wharves and breakwaters are not recommended, but it is important to provide the people of the villages of American Samoa with better passages through the reefs by blasting the coral and, where feasible, with pools at the beaches behind the reefs, in which the whaleboats can be laden. Certain trails also should be improved to make easier the portage of copra to the beaches. All of the copra is collected at Pagopago and shipped thence to market. The island government acts for the native owner and pays them the returns less the cost of shipping. It is apparent that the cost of shipping soon will be increased when the three Oceanic Steamship Co.'s vessels, the Sierra, Sonoma, and Ventura are replaced by the two larger and faster steamers now being built for that trade, for these new vessels are to be of a draught which will not make it possible for them to use the present Navy wharf in Pagopago Harbor. Lighters will be required unless the wharf is widened 15 feet so as to bring the wharf to deeper water. It will cost $150,000 to widen the wharf and install the needed dolphins, according to the estimate of the Navy engineer at the Pagopago Naval Station. On the other hand, the cost of a lightering system, four barges, launch, warping winch, etc., and repair ways for launch and barges is estimated at $122 000 and the annual cost of operation with depreciation at 15 per cent is estimated at $24,440. In view of the above, the commission recommends that an appropriation be authorized for $210,000 for the widening of the wharf and the improvement of boat passages and trails. With but two exceptions, in 30 years no direct appropriation has ever been made by the Congress for the benefit of the Samoans. Many suggestions in this regard have been presented to the commission, but none have appealed to the commission as strongly as these items which are calculated to provide better, cheaper, and safer avenues for commerce.

The bill herewith presented for the consideration of Congress is deemed by the commission to be such a measure for the government of the islands of American Samoa as will promote the interests of their people and at the same time promote the interests and maintain the sovereignty of the people of the United States.

HIRAM BINGHAM.
JOE T. ROBINSON.
CARROLL L. BEEDY.
GUINN WILLIAMS.
MAUGA.

TUFELE.

MAGALEI.

PROPOSED ORGANIC ACT

OF THE GOVERNMENT OF AMERICAN SAMOA

15

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