TO THE EDITOR OF THE “TIMES”

Apia, September 14, 1892.

Sir,—The Peninsula of Mulinuu was claimed by the German firm; and in case their claim should be found good, they had granted to the Samoan Government an option to buy at a certain figure. Hereon stand the houses of our officials, in particular that of the Chief Justice. It has long been a problem here whether this gentleman paid any rent, and the problem is now solved; the Chief Justice of Samoa was a squatter. On the ground that the Government was about to purchase the peninsula, he occupied a house; on the ground that the Germans were about to sell it, he refused to pay them any rent. The firm seemed to have no remedy but to summon the squatter before himself, and hear over again from the official what they had heard already from the disastrous tenant. But even in Samoa an ingenious man, inspired by annoyance, may find means of self-protection. The house was no part of the land, nor included in the option; the firm put it up for sale; and the Government, under pain of seeing the Chief Justice houseless, was obliged to buy it.

In the meanwhile the German claim to Mulinuu was passed by the Land Commission and sent on to the Chief Justice on the 17th of May. He ended by confirming the report; but though his judgment bears date the 9th of August, it was not made public till the 15th. So far as we are aware, and certainly so far as Samoa has profited by his labours, his Honour may be said to have had nothing else to do but to attend to this one piece of business; he was being paid to do so at the rate of £100 a month; and it took him ninety days, or about as long as it took Napoleon to recapture and to lose again his empire. But better late than never; and the Germans, rejoicing in the decision, summoned the Government to complete the purchase or to waive their option. There was again a delay in answering, for the policy of all parts of this extraordinary Government is on one model; and when the answer came it was only to announce a fresh deception. The German claim had passed the Land Commission and the Supreme Court, it was good against objections, but it appeared it was not yet good for registration, and must still be resurveyed by a “Government surveyor.” The option thus continues to brood over the land of Mulinuu, the Government to squat there without payment, and the German firm to stand helpless and dispossessed. What can they do? Their adversary is their only judge. I hear it calculated that the present state of matters may be yet spun out for months, at the end of which period there must come at last a day of reckoning; and the purchase-money will have to be found or the option to be waived and the Government to flit elsewhere. As for the question of arrears of rent, it will be in judicious hands, and his Honour may be trusted to deal with it in a manner suitable to the previous history of the case.

But why (it will be asked) spin out by these excessive methods a thread of such tenuity? Why go to such lengths for four months longer of fallacious solvency? I expect not to be believed, but I think the Government still hopes. A war-ship, under a hot-headed captain, might be decoyed into hostilities; the taxes might begin to come in again; the three Powers might become otherwise engaged and the little stage of Samoa escape observation—indeed, I know not what they hope, but they hope something. There lives on in their breasts a remainder coal of ambition still unquenched. Or it is only so that I can explain a late astonishing sally of his Honour’s. In a long and elaborate judgment he has pared the nails, and indeed removed the fingers, of his only rival, the municipal magistrate. For eighteen months he has seen the lower Court crowded with affairs, the while his own stood unfrequented like an obsolete churchyard. He may have remarked with envy many hundred cases passing through his rival’s hands, cases of assault, cases of larceny, ranging in the last four months from 2s. up to £1 12s.; or he may have viewed with displeasure that despatch of business which was characteristic of the magistrate, Mr. Cooper. An end, at least, has been made of these abuses. Mr. Cooper is henceforth to draw his salary for the minimum of public service; and all larcenies and assaults, however trivial, must go, according to the nationality of those concerned, before the Consular or the Supreme Courts.

To this portentous judgment there are two sides—a practical and legal. And first as to the practical. For every blow struck or shilling stolen the parties must now march out to Mulinuu and place themselves at the mercy of a Court, which if Hamlet had known, he would have referred with more emotion to the law’s delays. It is feared they will not do so, and that crime will go on in consequence unpunished, and increase by indulgence. But this is nothing. The Court of the municipal magistrate was a convenient common-ground and clearing-house for our manifold nationalities. It has now been, for all purpose of serious utility, abolished, and the result is distraction. There was a recent trumpery case, heard by Mr. Cooper amid shouts of mirth. It resolved itself (if I remember rightly) into three charges of assault with counter-charges, and three of abusive language with the same; and the parties represented only two nationalities—a small allowance for Apia. Yet in our new world, since the Chief Justice’s decision, this vulgar shindy would have split up into six several suits before three different Courts; the charges must have been heard by one Judge, the counter-charges by another; the whole nauseous evidence six times repeated, and the lawyers six times fee’d.

Remains the legal argument. His Honour admits the municipality to be invested “with such legislative powers as generally constitute a police jurisdiction”; he does not deny the municipality is empowered to take steps for the protection of the person, and it was argued this implied a jurisdiction in cases of assault. But this argument (observes his Honour) “proves too much, and consequently nothing. For like reasons the municipal council should have power to provide for the punishment of all felonies against the person, and I suppose the property as well.” And, filled with a just sense that a merely police jurisdiction should be limited, he limits it with a vengeance by the exclusion of all assaults and all larcenies. A pity he had not looked into the Berlin Act! He would have found it already limited there by the same power which called it into being—limited to fines not exceeding $200 and imprisonment not extending beyond 180 days. Nay, and I think he might have even reasoned from this discovery that he was himself somewhat in error. For, assaults and larcenies being excluded, what kind of enormity is that which is to be visited with a fine of £40 or an imprisonment of half a year? It is perhaps childish to pursue further this childish controversialist. But there is one passage, if he had dipped into the Berlin Act, that well might have arrested his attention: that in which he is himself empowered to deal with “crimes and offences,... subject, however, to the provisions defining the jurisdiction of the municipal magistrate of Apia.”

I trust, sir, this is the last time I shall have to trouble you with these twopenny concerns. But until some step is taken by the three Powers, or until I have quite exhausted your indulgence, I shall continue to report our scandals as they arise. Once more, one thing or other: Either what I write is false, and I should be chastised as a calumniator; or else it is true, and these officials are unfit for their position.—I am, etc.,

Robert Louis Stevenson.

P.S.—The mail is already closed when I receive at last decisive confirmation of the purchase of the Samoa Times by the Samoan Government. It has never been denied; it is now admitted. The paper which they bought so recently, they are already trying to sell; and have received and refused an offer of £150 for what they bought for upwards of £600. Surely we may now demand the attention of the three Powers.