THE UNITED STATES AND SAMOA 253 



Section 2. With a view to secure judicial independence and 

 the equal consideration of the rights of all parties, irrespective of 

 nationality, it is agreed that the chief justice shall be named 

 by the three signatory powers in common accord; or, failing 

 their agreement, he may be named by the King of Sweden and 

 Norway. He shall be learned in law and equity, of mature 

 years, and of good repute for his sense of honor, impartiality, 

 and justice. 



His decision upon questions within his jurisdiction shall be. 

 final. He shall be appointed by the Samoan Government upon 

 the certificate of his nomination as herein provided. He shall 

 receive an annual salary of six thousand dollars ($6000.00) 

 in gold, or its equivalent, to be paid the first year in equal pro- 

 portions by the three treaty powers, and afterwards out of 

 the revenues of Samoa apportioned to the use of the Samoan 

 Government, upon which his compensation shall be the first 

 charge. . . . 



Section 4. The supreme court shall have jurisdiction of all 

 questions arising under the provisions of this general act, and the 

 decision or order of the court thereon shall be conclusive upon all 

 residents of Samoa. The court shall also have appellate jurisdic- 

 tion over all municipal magistrates and officers. 



Section 6. In case any question shall hereafter arise in Samoa 

 respecting the rightful election or appointment of king or of any 

 other chief claiming authority over the islands, or respecting the 

 validity of the powers which the king or any chief may claim in 

 the exercise of his office, such question shall not lead to war, but 

 shall be presented for decision to the chief justice of Samoa, who 

 shall decide it in writing, conformably to the provisions of this 

 act and to the laws and customs of Samoa not in conflict there- 

 with ; and the signatory governments will accept and abide by 

 such decision. 



Section 7. In case any difference shall arise between either of 

 the treaty powers and Samoa which they shall fail to adjust by 

 mutual accord, such difference shall not be held cause for war, but 

 shall be referred for adjustment on the principles of justice and 

 equity to the chief justice of Samoa, who shall make his decision 

 thereon in writing. 



Section 9. Upon the organization of the supreme court there 

 shall be transferred to its exclusive jurisdiction: 



(1) All civil suits concerning real property situated in Samoa, 

 and all rights affecting the same. 



(2) All civil suits of any kind between natives and foreigners 

 or between foreigners of different nationalities. 



