Samoans Win Land Case
p. 22 · Read in the full issue
By David S North
The United States Supreme
Court has ruled in favour of an American Samoan family that has battled for years with the Mormon Church over a piece of land. At the same time the court ruled that the existing, court system in the islands is an acceptable one.
The long legal battle (see Pacific Islands Monthly, December 1987) involved conflicting claims between the Church and the Puailo family over “Malaeimi”, an attractive tract of land near Pago Pago. In brief, the Mormons claimed they owned it because it had been bought from a widow of the family matai. The family claimed land was communal property and the widow had no right to sell it.
The first battle was fought in the American Samoan courts, which ruled for the
family. The Church then appealed to the US Secretary of the Interior, who appoints judges in Pago Pago. He agreed with the Samoan courts.
The Church then moved into the US court system on the mainland and kept losing first at the District Court level in Washington, then in the Circuit Court of Appeals. There three Reaganite judges ruled unanimously that the family was right and the Church wrong.
The circuit court not only supported the family’s right to the land by the decision, but also said quite clearly that the courts of American Samoa are acceptable. The Church then appealed to the Supreme Court. That august body without explaining why said in a one-line message that it did not want to consider the case,
thus confirming the decision below. The court has no obligation to accept cases and turns down many requests, The Supreme Court’s action quietly pleased Reagan Administration officials because it supported the Interior Secre tary’s decision and the arguments offered by the Justice Department lawyers in court. It pleased the American Samoan Government and, of course, the family, The ASG’s Attorney General, Mr L Su’esu’e Lutu, also hailed the decision say ing: “We are pleased with the Supreme Court response. The opinion of the Court of Appeals confirms the validity of our territorial court system and the authority of our courts to decide matters of local law.
We are gratified that the Supreme Court has allowed the opinion to stand.” □