POLICE AFFAIRS.

Samoa Weekly Herald, Volume 1, Issue 3, 10 December 1892, Page 2

POLICE AFFAIRS.

It will be remembered that in our last issue we published some of the correspondence that had passed botween Mr. Cooper, the Magistrate, and the President of the Muuicipul Council, and stated that Mr. Cooper had received another letter from the President, threatening legal proceedings. We "understand that on "Wednesday afternoon last Mr. Cooper was served with a writ.

The following is a copy of tho letter referred to, together with the reply of Mr. Cooper :

To the Municipal Magistrate : Sir,—l have to the receipt or your letter dated yesterday, informing luo that you are disinclined to pay the tines which you have received riuce the Ist of July last iutn the treasury, but that you are perfectly willing, with the approval of myself and the Municipal Council to pay over the whole amount to the police. 1 regret that hy making these statements you have assumed au Illegal attitude, which with an officer who has been appointed for administering law I cannot but look upon in ft serious lieht. Tie tine* imposed hy the Magistrate at Apia constitute a portion of the revenues arising under the pro* visions of the Beilin aencrnl Act. Of those revenues I nm the only receiver and custodian by virtue of Arti le V. Section aof tho laid Act. It is for the Municipal Council to order payment that part of the public revenue wldch is to be held for their use, and then the custodinu Is bound, and he alone isfanthorlscd to effectuate sub payments. Unless the amouut of fines referred to tu my letter dated -N'nvembiT 30 is paid into the tteasury before tomorrow at noon, I shall proceed against you according to law.—l am, etc. KftllH. SESFFT. VON riLaACEI, President Municipal Council. Apia, 2nd December, 1592.

Apia, Samoa, 3nl December, 1802. Baron Senttt Von PUsach, President Apia Municipal Council* Sir,—V'onr letter of yesterday's date, the receipt of which I luve now the honor to acknowledge, was placed In my haucli yesterday afternoon, but unfortunately too late to permit me the privilege of replying to it within office hours of the same day. I trust.liowever, that this delay will not incommoJe you or seriously inconvenience anyone. I am'extreraely sorry that any atatement of mine should cause you regret, ami l am deeply grieved to learn that I have. In your opinion, assumed an illegal attitude. But that which has disturbed and affected me most is the decidedly peremptory demand made by you ior the fine* iu my hands, and the really unkind threat of Immediate legal proceedings should that demand not be complied wi a. It is unnecessary u-FTTfi now to discuss the matter further, as during the coiiV'mnlated legal proceedings, there will doubtless be fu.l t.ujportunity afforded for argument on the question at issue. I illij *tate that the disinclination l expressed iu my last letter toj\»j to part with a sum of money over which both too police and myself have an equitable lien far larger than the sum retained is still experienced ■ y me with undiminished strength. Under the somewhat peculiar circumstances of the case 1 think I am lega ly, and certainly morally and equiUbl justified In considering myself a trustee of the funds In my hands for the benefit of t one who earned them This fs the impression I have. It may l.e a mistaken, one, but it is at least hoocat. If. Iu the procee-liugs which you threaten to br.-ng against me i should be condemned, I shall endeavor to yield to the lu«vita 1 le with patient resignation, though with doep regret. As t do not think there Is much probability of my strong disinclination to part with the money in question being overcome by noon of to-day. It would be an act of kin mesa to put an end to my prccnt suspense by commencing the proposed proceeding* at once.—l have, etc., Wat COoi'Ktt, Municipal Magistrate.

Members Apia Municipal Council. Gentlemen, As you are aware an unfortunate difference of opinion has arisen between the President and myself with regard to the ones collected In the Municipal Magistrate's Court. Pending your directions as to the purpose to which these fines are to be applied ; in view of the present financial condition of the Municipality, and having especial reg.ird to the President's expressed opinion on the subject of his salary. 1 have felt constrained* to defer paying the money into the treasury. 1 have In consequence been threatens ' with legal proceedings, and I have been in dally expectation of being served with some sort of legal process, X enclose for your consideration a copy of the correspondence la the matter, you are aware that the salaries of the police and myself are more than three mouths In arrear with no reasonable prospect of payment in the near future as the President calms that his salary should be paid before any other demands are sstidled.and the current revenue U apparently Insufficient to meet his first charjie. I :d In my first letter to the President that the funds should be distributed amongst the police In psrt payment of tholr- overdue salaries. I think a careful perusal of the Berlin Treaty will prove that It Is quite within your powers to do this. The President's salary is a first charge only on that t onion of the Siimoan revenue assigned to the use of the Municipality (Arttclo V. -section 6), and you wl 1 notice on reference to Article VI. that the revenue assigned to the use of the Municipality does not Include the fines in question and, the President has no lieu on them for his salary. The fines, however, like the pilotage fees belong to the Municipality, and, hence, are within your control. I would respectfully urge the claims of the police upon your favorable consideration. The amount available is a very moderate one, and I trust that you will direct the distribution of the sum la the manner proi«>scd.—l am, etc., Wjf. COOPRK, Municipal Magistrate. Apia, 7th Decembi r, 1802.