Taufaasau v. Manuma

4 Am. Samoa 947
CourtHigh Court of American Samoa
DecidedOctober 11, 1967
DocketNo. 123-1963
StatusPublished

This text of 4 Am. Samoa 947 (Taufaasau v. Manuma) is published on Counsel Stack Legal Research, covering High Court of American Samoa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Taufaasau v. Manuma, 4 Am. Samoa 947 (amsamoa 1967).

Opinion

HYDEN, Chief Justice

This is an appeal from a decree entered by the Trial Division on March 1, 1965 in case No. 123-1963 styled Iulio M. Taufaasau et al. v. R. S. Manuma [sic], in which it was ordered that Iulio M. Taufaasau be registered as the holder of the matai title Mauga, attached to the village of Pago Pago.

The Mauga title must be seen in historical and qualitative perspective in order to dispose of this appeal. Historically, the Mauga is known to be among the oldest and most influential matai titles of American Samoa. Available historical records dating from the earliest contacts of the Europeans with eastern or American Samoa contain numerous references to the Mauga. Due to the strategic location of the village of Pago Pago in relation to Pago Pago harbor the successive Europeans and later Americans who lowered anchor at Tutuila would quite naturally be expected to be in contact with Mauga, the leading matai of the village of Pago Pago. And since these visitors to Samoa from the “outside” were usually interested in the commercial potential of Pago Pago harbor or other matters near at hand to the village of Pago Pago the Mauga influence was undoubtedly a very real thing. Indeed, history tells us that it was the High Chief Mauga of Pago Pago who entered into an agreement or “treaty” in 1872 with Commander Richard Meade, USN, by which the United States was conceded the right to maintain a naval station in Pago Pago bay in return for “the friendship and protection of the great government of the United States.” Although this “treaty” was never ratified by the United States Senate and therefore never achieved de jure status it nevertheless strengthened America’s position in eastern Samoa, with a corresponding weakening of the competitive positions of other nations pursuing their own national interests through Samoan contacts. [950]*950More importantly, apropos the prestige and influence of the Mauga, the Samoan people regarded the agreement as binding. (See Amerika Samoa, by Capt. J. A. C. Gray, United States Naval Institute, 1960.) Although additional references could be cited the foregoing will suffice to suggest the Mauga’s position of relative importance in the Samoan way of life.

The record in this appeal shows that following the death on February 7, 1963 of Mauga Palepoi, the last holder of the title, the family met only once in a general meeting in August 1964 but that meeting failed to produce any agreement as to a successor to the title. In fact, that abortive meeting served largely to disclose how hopelesly unable the family members were at that time to make any progress toward harmony leading to the selection of a successor. As is unfortunately true when an important matai title remains vacant for an extended period the absence of a Mauga to speak for the family began to have a debilitating effect on the family interests. R. S. Manuma filed his application to be registered as the title holder. This application led to 15 separate objections by individuals claiming superior entitlement. These were the prevailing conditions under which the present litigation was commenced and it was against this historical background that the Trial Division undertook its formidable task.

One objector died before trial. During the period between a pre-trial conference and the close of the first day of trial, six of the fifteen candidates withdrew, leaving the applicant and eight objectors. The trial consumed ten days and required 260 pages of personal notes by the Court. The transcript of testimony covers 419 pages. Following the entry of the Trial Division’s decree which awarded the title to Iulio M. Taufaasau (hereafter referred to as Iulio), [951]*951three of the eight unsuccessful candidates appealed. They are R. S. Manuma, referred to in this appeal decision as Ropati; Sialega P. Mauga, called Sialega hereafter; and S. P. Aumoeualogo, who will be referred to as Salanoa.

Because it is so pertinent to the disposition of the issues raised on appeal it is important to refer at the outset to the provisions of Section 6.0107 of the Code of American Samoa, 1961 Edition, which reads:

“Consideration given by Court: In the trial of matai title cases, the High Court shall be guided by the following considerations, in the priority listed:
“First: The best hereditary right in which the male and female descendants shall be equal in families where this has been customary, otherwise the male descendant shall prevail over the female.
“Second: The wish of the majority or plurality of those clans of the family as customary in that family.
“Third: The forcefulness, character, personality, and knowledge of Samoan customs.
“Fourth: The value of the holder of the matai title to the family, the village, and the country.”

None of the appellants says the Trial Division failed to abide by the quoted statutory guide lines. Indeed, a mere casual reading of the 25-page opinion would show the frivolity of such a contention. The thrust of each appellant’s attack on the decree is that the Trial Division did not accept the appellant’s own evaluation of his claimed superior qualifications.

Before turning to the specific points of the three appeals we refer now to the statutory provisions and the Rules of Court which must be applied in the Appellate Division. Section 3.0503 of the Code provides, in part:

“* * * The findings of fact of the Trial and Probate Divisions of the High Court in cases tried by them shall not be set aside by the Appellate Division of that court unless clearly erroneous, * * *”

[952]*952Rule 7A of the Rules of Procedure in the Appellate Division, dated June 8,1962 provides, in part, as follows:

“If one of the grounds of appeal is that the evidence does not warrant the finding, the statement of grounds shall specify what essential element or elements it is claimed have not been satisfactorily proved. If a ground of appeal is that the finding or findings of fact are clearly erroneous or are contrary to the evidence, the statement of grounds shall specify wherein such finding or findings are clearly erroneous or against the weight of the evidence or contrary to the evidence, as the case may be.
No other grounds of appeal than those set out in the notice of appeal shall be considered unless the error is so manifest and prejudicial that the Court would be justified in taking notice of it on its own initiative. Issues, other than jurisdictional, not raised in the trial court will not be considered on appeal.”

The foregoing statutory and regulatory provisions sharply constrict the latitude of the Appellate Division and they impose a heavy burden on the appellant. Above all, they make it crystal clear that a trial de novo in the Appellate Division is not permitted. And the significance of this restriction on the Appellate Division is most apparent in that type of case, as is the present one, in which the personality, character, demeanor and credibility of the litigants are vital elements in the case.

We look now at each appeal. Sialega’s notice of appeal, in pertinent part, recites only:

“The Objection to the following in regard to the High Court concerning my qualifications, the Value to the Government of American Samoa and Forcefulness.

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4 Am. Samoa 947, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taufaasau-v-manuma-amsamoa-1967.