Old Y. New

Clash Between Samoan Tribal Code and Government Law

From Our Own Correspondent A, T . , .. APIA, Jan. 16.

N interesting case in which the old Samoan tribal code had clashed with the law of the realm was heard in the Apia High Court (Chief Judge Har ley) on January 11.

The case, in which chiefs of the East Coast village of Saluafata were charged with theft, originated one November evening last year, when a young Salua fata lass (daughter of a high chief’s fam ily) and her secret lover, Uvale (son of an orator) met at the empty village school-house and spent a few hours to gether. The girl, Tulutu. asked Uvale to elope with her so that later they could marry; but the boy was adamant. When parting, Tulutu, in angry mood, threat ened that she would take revenge.

Next morning she reported to her father that Uvale, the son of an in ferior family, had raped her the previ ous night. Indignant, her father threatened the boy’s stepfather, Mapu; and finally reported the matter to the village chiefs’ council. Without further investigation, the council acted on the unsupported evidence of Tulutu and de cided on severe punishment. All the plantation produce, taro, and taamus (pigs) were to be taken from Mapu’s family; his coconut trees and banana trees were to be cut down; and the whole family of 20 adults and children were to be expelled from Saluafata.

This order of the Ali’i and Faipule of the village was duly carried out. All the property of the unfortunate Mapu was taken and distributed amongst the people of the village, and he and his family were driven away.

Mapu. however, was not satisfied. He went to the police and, as a result of their investigations. 19 Saluafata chiefs and a young man of the same village were charged with the theft of Mapu’s property, which they had converted to their own use.

In Court they pleaded not guilty, con tending that according to ancient Sa moan custom death was meted out to anyone interfering with a girl of high rank and that they had substituted ex propriation and banishment for the death penalty.

The Chief Judge pointed out that Gov ernment law came before Samoan law. and cited from the Bible instances show ing the development from tribal law to Government law. The charge against the accused was proved and they were guilty, he said, but in view of their ob vious ignorance he would not take a serious view of the offence, though in any further case of this kind more se vere punishment would be dealt out. He suggested that the villa ere should assist Mapu. who was reinstalled by the police, to bring his plantation in order He then convicted the chiefs and ordered them to come up for sentence within six months.

Mr. G. Marston, Postmaster of West ern Samoa, acting as Deputy Commis sioner, paid a visit to the outlying Toke lau Group in January by the “Malafele”.

Michael Burvill, son of Rev. W. Burvill, 8.A., and Mrs. Burvill. of Thursday Is land. has won a scholarship at the Uni versity of Queensland. He will take the Arts course, commencing in March.