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ARTICLE V-MISCELLANEOUS

Section 1. Officers: For the public convenience and to insure continuity in the operation of the Government all officers of American Samoa, including district, county, and village officers, shall, subject to the right of resignation or removal as may be provided by law, continue to hold their respective offices until the expiration of the time for which they were respectively elected or appointed, except that senators elected at the general election in 1966 shall go out of office at noon on January 3, 1969.

Regardless of any other provision or provisions in this Constitution the House of Representatives shall, prior to noon, January 3, 1969, consist only of those members elected at the general election in 1966 while the Senate prior to noon, January 3, 1969, shall consist only of the hold-over senators plus those elected at the general election in 1966.

Also regardless of any other provision or provisions in this Constitution any vacancies occurring in either House prior to January 3, 1969 may be filled as provided in Article II, Section 13 of the Constitution which became effective on October 17, 1960.

Section 2. Existing laws: All laws of American Samoa not inconsistent with this Constitution shall continue in force until they expire by their own limitation, or are altered or repealed by competent authority.

Section 3. Amendments: Any amendment to this Constitution may be proposed in either House of the Legislature, and if the same be agreed to by three-fifths of all members of each House, voting separately, such proposed amendment shall be entered on the journals, with the yeas and nays taken thereon. The Governor shall then be requested to submit such proposed amendment to the voters eligible to vote for members of the House of Representatives at the next general election. If a majority of such voters voting approve such amendment, the Governor shall, within 30 days after such approval shall have been officially determined, submit the same to the Secretary of the Interior for approval or disapproval within 4 months after its receipt.

Section 4. Revision of the Constitution: In view of the changing conditions in American Samoa, the Governor shall appoint a new Constitutional Committee five years after the effective date of this Constitution to prepare amendments or a revised draft constitution to be submitted to the Governor who shall call a constitutional convention to consider the same. The delegates to the convention shall be selected by their respective county councils. The number of delegates from each county shall be the number obtained by dividing the population of the county, as shown by the last preceding Federal census, by 400, any fraction in the quotient obtained to be disregarded if such fraction shall be less than one-half and if such fraction shall be one-half or more it shall be considered to be one unit, provided that each county shall have at least one delegate, and provided further that Swains Island shall have one delegate selected in open meeting by the adult permanent residents of the island who are United States nationals. If the convention approves such amendments or draft constitution either with changes made therein by the convention or without changes, the same as approved shall be submitted by the Governor to the voters eligible to vote for members of the House of Representatives at the next general election; and if a majority of the voters voting approve the amendments or proposed revised constitution, the Governor shall submit the same to the Secretary of the Interior for his approval, and if he approves the same, then the amendments shall become part of the Constitution or the proposed revised constitution shall replace this constitution, as the case may be. Salaries of employees of the Convention and per diem for delegates shall be provided by law. The government shall furnish the Convention with necessary supplies and other necessary services.

Section 5. Eristing rights and liabilities: Except as otherwise provided in this Constitution all existing actions, writs, suits, proceedings, civil or criminal liabilities, prosecutions, judgments, decrees, sentences, orders, appeals, causes of action, contracts, claims, demands, titles, and rights shall continue unaffected notwithstanding taking effect of this Constitution.

Section 6. Oaths: All officers of American Samoa including district, county, and village officers, shall, before they enter upon the duties of their respective offices, take and subscribe the following oath: "I. — of — do solemnly swear (or affirm) that I will support and defend the Constitution of the

United States against all enemies foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office on which I am about to enter, and that I will well and faithfully uphold the laws of the United States applicable in American Samoa, and the Constitution and laws of American Samoa. So help me God."

Section 7. Construction: In this Constitution titles shall not be used for the purposes of construction and wherever any personal pronoun appears it shall be construed to mean either sex; also in this Constitution a special or particular provision shall control a general provision should there be any inconsistency between a special or particular provision and a general provision. Section 8. Provisions self-executing: The provisions of this Constitution shall be self-executing to the fullest extent that their respective natures permit. Section 9. Seat of Government: The seat of Government shall be at Fagatogo. Section 10. Political districts and counties: It is hereby recognized that there are three political districts in American Samoa, viz, Manua, composed of the political counties of Tau, Faleasao, Fitiuta, Olosega and Ofu; Eastern, composed of the political counties of Sua, Vaifanua, Saole, Ituau and Ma'uputasi; and Western, composed of the political counties of Fofō, Leasina, Tualatai, Lealataua and Ma'upu.

Section 11. Effective date: This Constitution ratified and approved on June 2, 1967, by the Secretary of the Interior, acting_pursuant to the authority vested in him by Executive Order No. 10264, dated June 29, 1951, of the President of the United States, and approved by the Constitutional Convention of the people of American Samoa at its meeting in Fagatogo, American Samoa, begun on September 26, 1966, and by a majority of the voters of American Samoa voting in the general election in 1966, shall become effective on July 1, 1967.

Ratified and Approved: Subject to the deletion from Article I, section 2 of all after the title and the insertion in lieu thereof the text of Article I, section 2 of the Constitution of American Samoa effective October 17, 1960, to wit: "No person shall be deprived of life, liberty, or property, without due process of law, nor shall private property be taken for public use without just compensation." STEWART L. UDALL, Secretary of the Interior.

We the undersigned, being the duly appointed Delegates to the Constitutional Convention, do hereby certify that the above and foregoing document was approved by us in Convention assembled as the revised Constitution of American Samoa.

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Leota, T., Fanene, F., Fua'olo-Lemoe, Tua'olo-Maliuga, Mageo, F.,
Lutu, S. A., Mailo, P., Fano, S., Pula, N. T., Unutoa, S. L. T.,
Liufau, M., Faumuinā-Ioane, Paopaoailua, S.

For and on behalf of Tau'u County:

For and on behalf of Fitiuta County:
For and on behalf of Falea sao County:

RAPI SOTOA.

TAUALA, M.

LAAPUI, F.

MA'O, T.

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Chairman of the Constitutional Convention. Attest: Mulitauaopele-Sui'ava, Secretary of the Constitutional Convention.

THE TENTH LEGISLATURE OF AMERICAN SAMOA

First Special Session Begun and held at Fagatogo, Tutuila, American Samoa on Monday, the twenty second day of May one thousand nine hundred and sixty-seven.

HOUSE CONCURRENT RESOLUTION

Requesting the Secretary of the Interior to amend article I, section 2 of the revised constitution of American Samoa by a partial deletion of certain phrases relating to eminent domain procedures.

Whereas, the Revised Constitution of American Samoa was approved by the Constitutional Convention of the people of American Samoa at its meeting in Fagatogo, American Samoa, on September 26, 1966 and by a majority of the voters of American Samoa voting in the general election in 1966; and

Whereas, Article I, Section 2 of the Revised Constitution of American Samoa, contains certain phrases which this Legislature now believes are unduly restrictive of eminent domain procedures in American Samoa and which will make condemnation of land for public purposes virtually unworkable; and

Whereas, this Legislature, in this special session, has just passed legislation concerning eminent domain procedures which make it possible to speedily give just compensation to land owners when land is condemned for public purposes, and whereas the Government of American Samoa has already placed these procedures into effect; and

Whereas, the new condemnation law achieves the result the wording in Article I, Section 2 was designed to accomplish; Now, therefore, be it

Resolved, That this Legislature request the Secretary of the Interior to de

lete portions of Article I, Section 2 of the Revised Constitution so that it shall read as follows:

"No person shall be deprived of life, liberty, or property, without due process of law, nor shall private property be taken for public use without just compensation."

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Constitutional amendment prohibiting Government employees from also serving in the legislature and raising salaries of legislators.

Whereas, the problems of government are increasingly complex and require the full-time attention of the Legislature; and

Whereas, constituents have problems and needs requiring the attention of their legislators throughout the year and not just during legislative sessions; and

Whereas, legislators who hold key positions in other branches of government cannot be spared from those posts for extensive periods of time while attending to legislative matters; and

Whereas, conflicts of interest arise when a government employee also serves as a legislator; and

Whereas, there are sufficient numbers of qualified American Samoans to serve each branch of government solely and independently without dual employment; Now, therefore be it

Resolved, By the Legislature of American Samoa that the following amendments to paragraph 5 (last paragraph) of Section 3, Article II, Revised Consituation of American Samoa, and to Section 25, Article II, Revised Constitution of American Samoa be submitted for the approval or rejection of the voters eligible to vote for members of the House of Representatives at the next general election.

Section 3. Qualification of members:

No employee or public officer of the Government shall be eligible to serve in the Legislature while holding such position. The prohibition contained herein shall become effective on July 1, 1971.

Section 25. Compensation of the legislature: Each member of the Legislature, except the delegate from Swains Island, shall receive for his services an annual salary of $6,000. The compensation for the delegate from Swains Island shall be $50 per day for each day of a legislative session actually attended by said delegate. The President of the Senate and Speaker of the House shall each receive additional compensation of $1,500 annually.

Members who actually reside in and who maintain their homes in Manu'a or Swains Island shall receive a per diem as provided by law for each day of attendance at a legislative session.

This constitutional amendment shall become effective on July 1, 1971.

Instruction to voters: Sections 3 and 25 of Article II, Revised Constitution of American Samoa shall be voted upon together as one amendment. Therefore, only one "yes" and "no" box shall be provided for the two sections. A vote for or against one section shall therefore also be a vote for or against the other section. The Commissioner of Elections is hereby instructed to place this instruction immediately before the proposed amendment on the ballot sheet. SALANOA S. P. AUMOEUALOGO,

President of the Senate. FAINUULELEI S. UTU,

Speaker, House of Representatives.

Approved by Harrison Loesch, Assistant Secretary of the Interior, March 19,

1971.

Amendment No. 2

ELEVENTH LEGISLATURE, SECOND REGULAR SESSION

SENATE JOINT RESOLUTION NO. 5

Whereas, the problems of government are becoming increasingly complex and require the full time attention of Senators and Representatives; and

Whereas, the annual 40 day regular session is insufficient time to efficiently and adequately provide for the increasing needs of the government; Now, therefore be it

Resolved, By the Legislature of American Samoa that the following Amendment to paragraph 1 of Section 8, Article II, Revised Constitution of American Samoa, be submitted to the voters at the next general election:

Section 8. There shall be two regular sessions of the Legislature held each year, each session to last 30 days, the first session to begin on the second Monday in January each year and the second session to begin on the second Monday in July of each year. The Legislature may meet in special session at the call of the Governor who shall set the time for the beginning of such session and the number of days it may last. *

MULITAUAOPELE TAMOTU, President Pro Tempore, Senate. LIGOLIGO K. ESEROMA, Vice-Speaker, House of Representatives. Approved by Harrison Loesch, Assistant Secretary of the Interior, March 19,

1971.

Amendment No. 3

ELEVENTH LEGISLATURE, SECOND REGULAR SESSION

SENATE JOINT RESOLUTION NO. 4

Whereas, the Legislature should be empowered to exercise its discretion in the appropriation of all local revenue; Now, therefore be it

Resolved, By the Legislature of American Samoa that the following amendment to Section 1 (c), Article II of the revised Constitution of American Samoa, be submitted to the voters at the next general election:

Section 1. Legislature: There shall be a Legislature which shall consist of a Senate and House of Representatives. The Legislature shall have authority to pass legislation with respect to subjects of local application, except that: ** (c) Money bills enacted by the Legislature of American Samoa shall not provide for the appropriation of funds in excess of such amounts as are available from revenues raised pursuant to the tax laws and other revenue laws of American Samoa. Prior to his final submission to the Secretary of the Interior of requests for Federal funds necessary for the support or governmental functions in American Samoa, the Governor shall prepare a preliminary budget plan. He shall submit such plan to the Legislature in joint session for its review and approval with respect to such portions as relate to expenditures of funds proposed to be appropriated by the Congress of the United States.

SALANOA S. P. AUMOEUALOGO,
Speaker of the Senate.
FAINUULELEI S. UTU,
Speaker, House of Representatives.

Approved by Harrison Loesch, Assistant Secretary of the Interior, March 19,

1971.

THE TERRITORY OF AMERICAN SAMOA

REPORT FROM THE FUTURE POLITICAL STATUS STUDY COMMISSION TO ELEVENTH LEGISLATURE OF AMERICAN SAMOA, SECOND REGULAR SESSION, FEBRUARY 9, 1970

THE

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