A Matter Of Credit

Samoan Trader Goes to Gaol

From a Special Correspondent A CASE, heard by the High Court of Western Samoa on June 23, gave an interesting glimpse of life in this pleasant archipelago. One of our Big Firms took proceedings against one of its traders, a native Samoan.

The Firm was represented by our only lawyer and the Samoan trader was able to secure the services of a local Bush Lawyer of no mean ability. The latter a fe\v years ago, single-handed fought a case in the High Court against the Police Prosecutor and two lawyers—a case that lasted seven days and was won by the Bush Lawyer—a notable feat as the Bush Lawyer had no witnesses of his own, but made use of the five witnesses of the opposition.

This time, the Bush Lawyer was handi capped. He was not permitted to speak in the Court, but had to advise the tra der in whispers or writing—which was not easy, as the Bush Lawyer could not speak sufficient Samoan, and the tra der could not speak enough English.

The trader was sued by the Firm for shortage in stock and cash, to the tune of £278, for a period of 15 months. The trader claimed that the station is at the outermost northerly end of Savaii, in a village with only 300 people, and with three stores of opposition firms; that no business was possible from ad joining villages, as they are too far away and have stores of their own: that in order to get trade he had to give out credit; that he was left in charge of this village with over £l,lOO worth of goods and stock, and over £lOO in cash, to do his best. His return was £5 per month m wages and commission. He claimed that although he had signed an agree ment in Apia not to give out credit, the stock-taker gave him verbal permission to give out credit when installing him at the station.

Anyhow, the first stocktaking disclosed £lO5 short and the second stock-taking £lO9, and the final stock-taking showed £278 short. Then the trader was dis missed.

THE first stock-taker said he had not given the trader permission to give out credit; that the shortage was the trader’s own fault, through extrava gant living. After that, the trader and the stock-takers accused each other freely across the Court.

It came out that after every stock taking the trader and the stock-takers divested themselves of the more cumber some garments, such as coats and trou sers, and put on lavalavas, and sat down with local villagers to a game of poker that lasted all night. If either trader or stocktakers went broke during the game, they refinanced themselves from the station’s safe. They accused each other as to who made the most trips to the safe.

The stock-takers also claimed that the trader’s regular, permanent wife came over from Apia on one occasion and re outfitted herself from the station stock —including an expensive lamp—and then left for Upolu: that the trader changed wives so often that every time they went to take stock he had a new wife; that when he went to Apia, he left the store m charge of the wife in residence at the time.

The stock-takers stressed this point Because they said that no Samoan wife especially a transient one —will look after things properly. She is bound to frf out debts, especially to relatives, and to even give things away to rela a The stock-takers claimed that tne trader was away for a week or more at a time.

As the stock sheets and trading accounts were gone through in the Court, it was seen that the trader had only made £l3 and £l4 per month, as it was a poor location for a station. £l4 per month is hardly a living wage, even for a quiet living man.

As the trader had claimed he had given out the £278 on credit, His Honour asked for a list of debtors.

The trader had told the Bush Lawyer that he had a complete list of debtors but to the Bush Lawyer’s surprise and disgust the trader handed over to the Judge a small sheet of vaper on which only four lines had been written: Taulealea, so and so much; Tamaitai, so and so much: Ali’i and Faipule, so and so much: Total £278 —written freshly on a new sheet of paper.

On seeing this small piece of paper, His Honour’s face showed stem, and he said; “I would have given your case consideration if you had produced a pro

per list of debtors, but this—and he waved the scrap of paper—you made out only yesterday to try and deceive the

Court. 1 can not let you get away with that.”

“But”—and as His Honour looked on the many-wived, poker-playing, default ing trader, his face softened again, “Oh well, the penalty for unaccountable shortages is nine months, but I’ll let you off with four months.”

After this, everybody was satisfied, ex cept the Bush Lawper. He saw his client marched off to gaol—and he had not collected his fee in advance.