Liquor Prohibition Ordinance 1900, Ordert No. 3 , An Ordinance to prohibit the supply of Intoxicating Liquors to Natives.
Record Group 284: Records of the Government of American SamoaSeries: Laws and CodesFile Unit: "Laws and Regulations, 1900; 1901"
UNITED STATES NAVAL STATION, TUTUILA.
LIQUOR PROHIBITION ORDINACE 1900.
COMMANDER B.F. TILLEY, U.S.N., COMMANDANT.
No 3. PAGOPAGO. April 28th, 1900.
An Ordinance to prohibit the supply of Intoxication Liquors to Natives.
SHORT TITLE.
1.--The Short title of this Ordinance may be "The Liquor Prohibition Ordinance, 1900."
INTERPRETATION.
2.--n this ordinance the term "natives" shall in its reference mean not merely abori-
ginal natives of Samoa but aboriginal natives of India or of Fiji or of German-Samoa or of
any island in the Pacific Ocean, or any person born of a foreign father with a Samoan
mother and who cannot by law be recognised as being a subject or citizen of
the country to which his father is a subject or citizen, and the term "liquor"
shall mean any wine or other spirituous or fermented liquor or any liquid used for
drinking any portion of which is spirituous or fermented.
3.--No spirituous vinous or fermented liquors or intoxicating liquor or drink whatever
shall be sold, furnished to or procured for any native by any person except as hereunder
provided.
4.-If any person except as hereunder provided shall sell, supply to, or procure for any
native any liquor or drink as aforesaid or shall aid or abet in any way in the giving, selling,
supply or procuring any liquor in any form or quantity to or for any native shall be deemed to
be guilty of an offence against this Ordinance and on conviction thereof in a summary manner
shall be liable in addition to any penalty which may be incurred for the sale of such liquor
without a license to a fine not exceeding $100.0, or in default of payment, to imprisonment
for a term not exceeding 100 days.
5.--It shall not be lawful for any native to possess or have in his possession any liquor,
or to drink any liquor, and any native so doing shall on conviction be fined in a sum not
exceeding $25.00, in default of payment, be imprisoned for a term not exceeding 25 days.
EXEMPTIONS.
6.--Nothing in this Ordinance shall be held to apply
(a). To a minister of religion giving wine in conformity with any religious rite.
(b). To any person not being a publican, and not being within a public house, 2.
who shall give to any native for any urgent cause or necessity, and without
recompense or remuneration, any liquor, when such liquor is given solely
and purely for medical purposes; but it shall rest with the person giving
such liquor to prove satisfactory the existence of such urgent necessity and,
failing such proof, such person shall be liable to the punishment provided
for in paragraph 4 of this Ordinance.
(c). To the domestic servant or other messenger of any foreign resident who
shall bear a written and dated order for liquor from his employer for his em-
ployer's use. The term "Foreign Resident" in this Ordinance includes
and applies to every foreigner visiting, sojourning, or having a fixed place of
abode withing the limits of the United States Naval Station, Tutuila.
7. Any order under subsection "c" of the preceding section shall be signed by the,
employer, who shall also enter upon it the date of the day of his delivering it to his servant
and the order shall have no effect beyond the day of its date. Any person supplying liquor
upon such an order shall initial his name, and retain it in his possession for 12 calendar months.
8.--Any person shall be guilty of an offence against this ordinance and shall on convic-
tion thereof in a summary manner, be liable to the penalty provided in section 4 of this
Ordinance who for the purpose of evading the provisions hereof shall give liquor or allow his
name to be used for the purpose of procuring liquor for a native under color of any other
exemptions contained in this Ordinance.
9.--Storekeepers and publicans shall keep the liquor on their premises in such a manner
as to prevent easy access thereto by natives, and in default thereof shall be guilty of an offence
against this Ordinance and on conviction thereof in a summary manner to be liable to a penalty
of a fine not exceeding $25.00 or in default in payment thereof to imprisonment for a term
not exceeding 14 days.
10.--When any shall be charged with an offence under this ordinance, and said
offence shall have been prima facie established against him by the prosecutor he, unless he be
a medical practitioner, shall be hound to prove that he is, and that the prosecutor shall not
be bound to prove that he is not, covered by any of the exceptions provided by this
Ordinance.
11.--Any charge laid in respect of any offence against this Ordinance shall be laid within
a period of six months from the commission of such offence.
12.--This Ordinance shall take effect from and after the date of its publication.
Published and Exhibited at the Public Office of the Commandant in Fagatogo on this
18th day of April in the year 1900.
B. F. TILLEY, U.S.N.
COMMANDANT UNITED STATES NAVAL STATION, TUTUILA
