THE Samoa Weekly Herald.

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

THE Samoa Weekly Herald.

For the cause that lrck* auia'ance, For the wn.ni; that needs resistance, Yiir the future in the .tistance, Ana the Rood that we can do.

SATURDAY, DECIGIIIER 10.

It will have been noticed, from the report of the Municipal Council's meeting published in our last issue, that tho President voted against the amendment of the Consular Hoard creating the Pilot's salary a first charge on the pilotage and harbor dues, alleging that the amendment was in conflict with the Berlin Treaty, which gave his own salary priority over everything else. The question of the first charges of the Chief Justice and tho President on the Government and Municipal revenues respectively is one which has been much canvassed privately for some time, and our financial difficulties have now brought it into great prominence. I

That remarkable document, tho >Final Act of the Berlin ConfJrenco on » fotePSn iiillicted upon us few, if any, benefits. 1 lengthened throes of diplomatic r parturition tho Act brought us into a troubled existence. Under its provisions we have for a brief interval lived and moved and had our political being. Now, while yet in our infantile days it overlays us like a careless mother, and threatens by its intolerable burdens to smother the life out of the offspring to which it so recently gave birth.

The Act, however, cannot be held responsible for nil our woes. Some of thorn have been created, or at least magnified, by renderings of its text as startling for their novelty ns they are disastrous in their effects. But of all tho extraordinary constructions which have from time to time been placed upon tho different articles of this unique specimen of international legislation, this curiosity of diplomatic literature, the interpretation of tho words, " First charge upon tho revonuo," is the most astounding. Wo might characterise it by another word more forcible, and equally applicable, but scarcely so polite. With great difficulty wo curb our feelings und restrain our pen.

Tho idea that tho gross revenues of a Htnto or Municipality could bo appropriated by ono official, while the current working expenses are unprovidod for, and the subordinate officers who do the actual work receive not n ■tivor for their labors, is ono that would bo laughed to scorn in every civilised quarter of the world. Even tho "unspeakable Turk," with his atrocious system of fanning out taxes, and the rapacious Run with his alsmt-itmlili.i-.irtnptii.il and blackmail, know better than this. Ilero in .Samoa, where, notwithstanding our remote situation, und our comparative insignificance, wo nro in touch with advanced civilisation; hole when l our mercantile community Is loinposcit from the natiimaliliis of the three grimiest Powers in the World, stic.li n theory would excite mats of unbounded merriment, and be tho subject of infinite ridicule, were it not for the fact that the Pmddont, who so construes the Treaty, lurid* the public purse-strings, nnd therefore has the power—for a lime—of enforcing his

marvellous reading of the Act. A moment's reflection -would convince anyone whose self-interest had not blindejl him alike to justico and eommonsouso, that the actual working expenses, the cost of collection, must be defrayed before any other claims can bo recognised or mot. Tho President is absolutely dependent on subordinate officials and employes for the collection of the revenue which comes into his hands. "Without them there would be no revenue at nil, yet lie appears to imagine that these unfortunate men, whose household accounts remain unpaid, and whose credit has been stopped at the stores, because the money which should have recompensed them for their sen-ices has been swept by the remorseless hand of the President into the twin Maelstroms of the First charges, are to devote their time and energies to the public service without hoi»e of reward.

This iniquitous interpretation of the words " First charge," has been carried witli relentless harshness to its extremest limit, and if the paradox may be excused—some distance beyond. The salaries of tho lesser officials and employes aro months in arrear; nay, the King himself knocks with vain importunity at the door of the Treasury for tho miserably meagre allowance which is supposed to be doled out to liiin month by month. Office rents remain unsatisfied. Even the midnight oil which is consumed while the Treasurer's wagelesa assistants are preparing statements and balancesheets, the main purport of which is to show that there is nothing coming to them—and the k^ro sen( , j„ the street lamps, which light them to their homes after their thankless labor is over, are unpaid for; and the boatman who takes the Customs officer off to the incoming ship finds it impossible to obtain the half-dollar which is his due.

It really does soem sadly ridiculous ■ —to speak paradoxically once more—that it should be necessary to state that the revenues on which these two salaries are first charges is tho net annual income, not tho gross annual produce. In tho case of the Chief Justice, tho Treasurer might well have erred rather on the side of liberality towards tho Government than otherwise, for any deficiency in his salary is guaranteed by tho Powers. It might indeed bo argued that by inserting this provision in tho Treaty tho probability of such a contretemp* was within tho purview of the fraraors of the Act. He that as it may, the principle wo have stated applies to both salaries. In fact, this seems to have been admitted long ago by tho Chief Justice himself, for in tho Ordinance prepared by him providing for tho collection of tho Samoan capitation tax, tho native collectors were ullowed n substantial commission, which of courso they wore entitled to deduct before paying into tho Treasury tho monoy thoy had collected. It seems rnthor anomalous, to speak mildly, that such pnternal caro should bo exercised in one caao nnd such cold disn gard in tho other. It appears nlso rather strango that tho President has apparently overlooked tho fact that a portion of tho revonuo now claimed by tho Government cannot bo uffoctod by tho first charge of tlio Chief Justico's salary. Tho 2 per cent, ndvalorem duty is oxprcsaly lovinblo for statistical purpose*. To apply it to any othor purpose is a direct violation of tho Bpirit and the letter of tho Treaty. While tho broad fundamental principle that necessary expenses must bo doducted before any " firstohnrgc" lipoid the imo upon which wo .rest, we think that n strict and iieeurnr.n interpretation of the Treaty will oHtYW that the President's contention tin it lh« whole Municipal revenue I* subject t« his first charge is clearly ervun.Wu*. Ills wilury is a first chnrpt. on " tluit i*o lion of the Sanionn rvvenuo a'esigiud t.> llio use of th,. Mtuvclpality." 11l a subsequent Article Urn various smirces of revenue are aporifled, Mv \ the mwifciiratal for the use of tt, o Municipality 1* mads, but St do,* not include either the pil„t« K e .1n... nr the Municipal Court fines. (Heroine, In the natural order of thing*, <h. .... m .,„,,-, would

be paid into the Treasury, and form part of the Municipal income, but they do not constitute portion of the revenue assigned to the use of tho Municipality upon which tho President's salary is a first charge. The pilotage dues aro not levied, nor are the fines in the Municipal Court imposed, for revenuo purposes. The first purposo to which the former should bo devoted is the maintenance of an efficient pilot service, signalling, harbour lights, buoys, etc. The suggestion of tho Consular Board was therefore not only just and equitable, but in perfect harmony with the Treaty, tho President to the contrary notwithstanding. Tho lines imposed in tho Municipal Court are inflicted with the object of punishing anil preventing tho reeurroneo of breaches of the law, and aro not exacted for revenue purposes, and on somewhat analogous grounds it is right and regular that they should be applied to tho maintenance of the Court which administers tho law.