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United States Department of State / Index to the executive documents of the House of Representatives for the second session of the fiftieth Congress, 1888-'90

Germany,   pp. 570-684 PDF (48.6 MB)

Page 679

                                 [Inclosure 4.]
                            Mr, Sewall to Mr. Becker.
                                                 Apia, Samoa, February 13.
  SIR : Referring to our correspondence re the pilot station, I have the
honor to in-
form you that the title to the land in question is now vested in myself,
and that I de-
cline to entertain any of the propositions made in your letter of llst of
  I respectfully request that you notity the present o(ocupant, who 1 understand-
is a
German subject, to remove forthwith.
  An early acknowledgment of this will oblige me.
      I am, etc.,                                 HAROLD MARSH SEWALL)
                                   [Inclosure 5.]
                            Mr. Becker to Mr. Sewall.
                                                        Apia, February 13,
  SIR: I have communicated the contents of your note of this date to the
  Government without delay.
  The Samoan Government has vacated both the land and the house of the pilot-
  station, and has intrusted the care of the house to me, as the last president
of the
  In the name of the Imperial German Government I lay claim to a share in
  ownership of the aforesaid pilot-house. As the Germans residing here paid
more than
  one-half of the municipal taxes, which affiorded the means of defraying
the expense
  of erecting the pilot-house, I am especially entitled to the possession
and control of
  the pilot-house. I have therefore placed Mr. Johannsen, my consular clerk,
in the
  pilot-house, in order that he may take care of the building until the adoption
of a
  definitive arrangement with regard to the property of the municipality.
This Ger-
  man officer will remove the house, of which the Imperial German Government
is a
  joint owner, from the land over which you claim control as soon as possible
(in three
  days at the latest), and will care for it elsewhere.
       Accept, sir, etc.,
                                                               Imperial Con8ul.
                                   [Inclosure 6.1
                             Mr. Sewall to Mr. Becker.
                                      UNITED STATES CONSULATE-GENERAL,
                                                         Apia, February 14,
   SIR: I have the honor to acknowledge the receipt of your letter of yesterday's
   In my letter of the same date I requested you to notify the German occupant
of my
 land to quit. Your reply is to install there your consular-clerk, who will,
you state,
 as a German public officer, remove the house on it to another place.
   I have to inform you that the rikht of this officer to possession is not
admitted, and
 that the removal of the house can not be allowed. The house is a part of
the free-
 hold, and by the disruption of the municipality to which it was leased,
 assigning, it has become the property of the owner of the freehold. It could
 have been removed by the municipality itself, and even if removable, this
must have
 been done before the termination of the municipality's tenancy. If, as intimated
 you, the house is the property of the rate-payers of the community, how,
I may ask,
 have you been authorized to act as custodian on their behalf? The organization
 termed by you the "1 Samoan Government," from which you state
you have received
 the care of the house, could not give you this authority for it had notr
this to give,
 never having succeeded to the rights of the municipality, and therefore
in this case
 never having had legal possession of the house in question.
   You allude to yourself as the last president of the municipality, but
I need not
 remind you that your claim to the presidency of the municipal board and
court of ap-

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