FAGAOALI`I LALOULU TAGOILELAGI, Claimant,
v.
ULIMASAO SITALA SITALA, JR., FA`ASEFULU TOGIA`I,
LOTOMAU PEAU, ALOALI`I TAPU TAGALOA,
and TOFAU PALAIE GAOTEOTE, Counterclaimants.
[In re Matai Title “TAGOILELAGI” of the
High Court of
Land and Titles Division
MT No. 01-96
September 21, 1998
[1] Under A.S.C.A. § 1.0404(a),
a person is eligible to claim or object to the succession to a matai title if he
has resided in American Samoa for one calendar year immediately preceding the
date of objection.
[2] The court’s evaluation of the four criteria set forth in A.S.C.A. §
1.0409(c) is decisive in awarding matai titles in contested registration actions.
[3] Where candidates for a matai title disagree over the identities of the
original titleholder and most of the subsequent titleholders, the court follows
the traditional rule for determining the best hereditary right by examining
each candidate’s closest relationship to a previous titleholder. [2ASR3d231]
[4] The results of family meetings held to deliberate on and select the
successor to a matai
Tagoilelagi title are far more important to the
clan wish issue under A.S.C.A. §
1.0409(C)(2) than the number and names of the clans.
[5] Where a matai title dispute involves multiple
family clans, the support of the majority or plurality of the clans may be
considered in evaluating the family support of a candidate.
[6] Where the achievements and leadership abilities of
candidates for a matai
title are comparable, the candidate who has more intimate daily contacts
with the family and the village has the advantage in the category of value to
family, village, and country.
[7] In deciding a matai title
dispute, the court gives greater weight to each criterion in their statutory
order in accordance with A.S.C.A. § 1.0409(c), and it assesses the candidates’
relative advantage in each criterion, and stronger rankings in certain criteria
may outweigh a better hereditary right.
Before RICHMOND, Associate Justice, TAUANU`U, Chief Associate Judge,
LOGOAI, Associate Judge, ATIULAGI, Associate Judge, and SAGAPOLUTELE, Associate
Judge.
PESE,
Associate Judge, dissenting.
Counsel: For
Claimant Fagaoali`i Laloulu
Tagoilelagi, Aitofele T. Sunia
For Counterclaimant Ulimasao Sitala Sitala, Jr., Afoa L. Su`esu`e Lutu
For Counterclaimant Fa`sefulu Togia`i, Roy J.D. Hall,
Jr.
For Counterclaimant Lotomau Peau, Pro Se
For Counterclaimant Aloali`i Tapu Tagaloa,
Albert Mailo
For Counterclaimant Tofau Palaie Gaoteote,
Pro Se
OPINION AND ORDER
Trial for the registration of
the matai title
“Tagoilelagi” began on July 9 and concluded on July
13, 1998. Prior to trial, counterclaimant Fa`sefulu Togia`i withdrew his candidacy. Counterclaimants Tofau Palaie Gaoteote,
Aloali`i Tapu Tagaloa, and Lotomau Peau withdrew their candidacies at the beginning of the
trial. The trial thus proceeded with
claimant Fagaoali`i Laloulu
Tagoilelagi (“Fagaoali`i”)
and counterclaimant Ulimasao Sitala
Sitala, Jr. (“Ulimasao”) as
the two remaining candidates for the title. [2ASR3d232]
Discussion
A. Eligibility
[1] As an initial matter, Fagaoali`i questions whether Ulimasao
meets the one-year residency requirement for registration eligibility set forth
in A.S.C.A. § 1.0404(a). Section 1.0404(a) provides that, with certain
exceptions inapplicable in this instance, “no one is eligible to claim or
object to the succession to a matai title unless he has resided in American Samoa for
one calendar year immediately preceding the date of objection.”
Ulimasao filed his counterclaim to the title “Tagoilelagi” with the Territorial Registrar in September
1994. Before then, he resided outside of
B. Selection Criteria
[2] The court’s evaluation of
the four criteria set forth in A.S.C.A. § 1.0409(c) is decisive in awarding matai titles
in contested registration actions. We
discuss the criteria in the order of their priority.
1. Best
Hereditary Right (A.S.C.A. § 1.0409(c)(1))
Presently, two factions exist in
the Tagoilelagi family, each having different
histories with respect to the original and subsequent titleholders and family
clans. The two contestants do agree, however, that “Tagomailelagi”
was the original spelling of the title.[1] Fagaoali`i
considers Tagomailelagi Tagaloalagi
to be the first titleholder. Ulimasao names Tagomailelagi Uitualagi as the first titleholder.
Both candidates do recognize Tagomailelagi Uitualagi to be Tagaloalagi’s son.
They materially differ, however, on the origin of the Tagoilelagi title, placing particular importance on the
first titleholder’s birthplace.
According to Fagaoali`i’s legend, Tagaloalagi, a heavenly chief, married Sina
of Vatia. Tagaloalagi
bestowed the title “Tagomailelagi” upon their son Tagaloalagi, who was born in Vatia.
Under Ulimasao’s legend, Tagaloalagi
was the issue of an immortal being and came from Manu`a
to marry Sina of Vatia. He
then bestowed [2ASR3d233] the title
“Tagomailelagi” upon their son Uitaulagi,
who was born in Vatia. Except for one titleholder, Tagomailelagi Vaiga, each
candidate also presents a completely different list of the titleholders after Tagomailelagi Ultaulagi until the
last three Tagoilelagi titleholders, Solomona or Leota, Taua, and Elia.
[3] Because the candidates
disagree over the identities of the original titleholder and most of the
subsequent titleholders, we follow the traditional rule for determining the
best hereditary right by examining each candidate’s closest relationship to a
previous titleholder. See Misaalefua v. Hudson, 1 A.S.R.3d 23, 25 (Appellate Div. 1997). Fagaoali`i
is the son of the last titleholder, Tagoilelagi Elia, and thus, by this method, has 50% Tagoilelagi
blood. Ulimasao
is five generations removed from Tagomailelagi Meleisea (who is not recognized as a titleholder by Fagaoali`i) and thus has 1/32 or 3.125% Tagoilelagi
blood. This substantial difference in the two candidates’ blood connections to
the title emphasizes the recent dominance of Fagaoali`i’s
side of the family in the selection of the titleholders.[2]
We do note, however, that
according to their respective pedigrees, Fagaoali`i
is nine generations removed from the candidates’ common ancestral titleholder, Tagomailelagi Uitaulagi, and 10
generations from Fagaoali`i’s original titleholder, Tagomailelagi Tagaloalagi, while Ulimasao is 10 generations removed from their common
ancestral and his original titleholder and 11 generations after Fagaoali`i’s original titleholder. If we disregard the candidates’ substantial
disagreement over the identities and order of the previous titleholders for
discussion purposes and apply the more equitable Sotoa
rule of tracing blood lines back to the original or a common ancestral
titleholder, In re Matai
Title “Sotoa”, 2 A.S.R.2d 15 (Land & Title Div. 1984), the
candidates’ hereditary rights to the title “Tagoilelagi”
are much closer to each other, only a generation apart.
However, under either the traditional rule or the Sotoa rule, Fagaoali`i prevails
over Ulimasao with the better hereditary right to the
title.
2. Wish of
the Majority or Plurality of the Family’s Customary Clans (A.S.C.A. §
1.0409(c)(2))
Following the custom of
identifying family clans by the names of the original titleholder’s children, Fagaoali`i recognizes two clans, Uitualagi
[2ASR3d234] and Silaulelei,
Tagomailelagi Tagaloalagi’s
son and daughter. The daughter did not
have children. Thus, he claims that the Uitualagi clan is the Tagoilelagi
family’s only “living” clan. Ulimasao uses the same tradition. However, even though Tagomailelagi
Uitaulagi had five children, he names only four
clans, Falemalama (son), Sulufaiga
(son), Sina (daughter), and Sa`a
(son). Ulimasao
disregards the fifth child, Tuiasosopo (son), because
there is no family record of his descendants or their participation as a clan
in the affairs of the Tagoilelagi family.
Since Fagaoali`i
and Ulimasao acknowledge Tagomailelagi
Uitualagi as a common ancestor, we believe that both
candidates essentially recognize the same persons as the present descendants of
the Tagoilelagi family’s traditional clans. Thus,
regardless of the candidates’ differences in the number and names of the clans,
based on distinct family traditions, it matters little in this case whether the
present family members descend from, or are identified with, Fagaoali`i’s single clan or one of Ulimasao’s
four clans.
[4] The results of the family meetings which were held to deliberate on
and select the successor to the Tagoilelagi title are
far more important to the clan wish issue than the number and names of the
clans.
The family clan or clans first
met in February 1994. Ulimasao and another tulafale
(or “talking chief”) of the family were nominated. The discussions were
peaceful and harmonious in accordance with Samoan customs. Although Ulimasao appeared to have more support, the selection was
postponed until a later time. The second
meeting was held in May 1994. Again, the
same persons were nominated. After the
discussions, Ulimasao was still the apparent favorite
for the title, but the family clan or clans decided that yet another meeting
would be held in an effort to achieve a true consensus.
Fagaoali`i nominated Ulimasao’s
competitor and was not himself nominated during the first two meetings.
However, on July 20, 1994, he filed his claim for the title “Tagoilelagi” with the Territorial Registrar. His action
prompted the five original counterclaimants to oppose Fagaoali`i’s
claim and seek the title. When the third
meeting of family clan or clans was held, considerable displeasure was
expressed over Fagaoali`i’s offer to register the
title, and Ulimasao continued to have the most
support to be the next titleholder.
However, Fagaoali`i and his supporters would
not join a consensus for Ulimasao. Thus, the family clan or clans met a fourth
time. Ulimasao
still retained his previous support at the fourth meeting. However, to maintain peace and harmony, the
family clan or clans decided that Fagaoali`i and Ulimasao would jointly hold the title. Both Fagaoali`i and
Ulimasao were given the traditional kava cup
ceremony that day, but with the understanding that [2ASR3d235] Fagaoali`i would withdraw his
offer to register the title. However,
the Village Council of Vatia never met to record the
family’s decision, and Fagaoali`i did not withdraw
his registration offer.
[5] The events of these four
meetings clearly show that Ulimasao enjoyed the
majority support of the Tagoilelagi family’s clan or
clans. If the Uitualagi clan is the family’s only
clan, as Fagaoali`i presents, this clan as a whole
still supports Ulimasao’s candidacy. If, on the other
hand, the family has four clans, Falemalama, Sulufaiga, Sina, and Sa`a, as named by Ulimasao, Fagaoali`i may have the support of his clan, Sulufaiga, but Ulimasao clearly
has the support of the other three clans.
Ulimasao prevails over Fagaoali`i on
the clan wish issue.
3. Forcefulness,
Character, Personality, and Knowledge of Samoan Customs (A.S.C.A. §
1.0409(c)(3))
Fagaoali`i and Ulimasao had very
similar formative years, including their educational experience through high
school. From that point forward, each
took a divergent but successful path from the other.
Fagaoali`i is a
professional educator. Beginning in 1962, he extensively pursued
formal higher education and, in 1983, earned his doctorate. From 1966 until
now, he steadily progressed as a teacher and administrator in the public school
system of
Ulimasao is a skilled technician. After community college
stateside, he served in the United States Army for 10 years, specializing in
the communications field. Then, after two years with the Public Works
Department of the American Samoa Government (“ASG”), he successfully competed
for employment with the Federal Aviation Administration (“FAA”). For the last
19 years, Ulimasao has held various technical
positions and is now a maintenance operation specialist with the FAA. During
both careers, he took advantage of numerous educational opportunities at
military and civilian schools as well as at the
Evaluating their upbringing,
education, careers, religious activity, and demeanor in court, it is evident
that both Fagaoali`i and Ulimasao
are [2ASR3d236] forceful persons
with characters of strength and integrity. Each has an appealing
personality. Both Fagaoali`i
and Ulimasao have also held matai titles for more than 20 years.
Each is thus also well-versed in Samoan customs.
Accordingly,
we conclude that Fagaoali`i and Ulimasao
are equally matched and neither prevails over the other in the category of
forcefulness, character, personality, and knowledge of Samoan customs.
4. Value to
Family, Village, and Country (A.S.C.A. § 1.0409(c)(4))
Fagaoali`i is an education and church leader. As a result of his public service role, he
has also been, and continues to be, actively involved in various ASG boards,
commissions, committees, and conferences. Fagaoali`i
regularly participates in the affairs of the Tagoilelagi
family and the
As a soldier and federal
employee, Ulimasao has principally devoted his
service to country directly to the
[6] We do
not discount achievements and leadership abilities of either candidate. However, because of his more intimate daily
contacts with the Tagoilelagi family and the
C. Priority of the Four Criteria
[7] We give greater weight to
each criterion in their statutory order in accordance with A.S.C.A. §
1.0409(c). We also assess the candidates’ relative advantage in each criterion.
In re Matai Title Tauala, 15
A.S.R.2d 65, 69 (Land & Titles Div. 1990).
The best hereditary right receives the highest priority. Fagaoali`i has the
decided advantage here under the traditional measure, but the difference [2ASR3d237] appears to be less
pronounced when the distance from the original titleholder is the yardstick. Ulimasao, in our view, enjoys majority support among the Tagoilelagi family’s clans, whether there is the single
clan advocated by Fagaoali`i or the four clans
identified by Ulimasao. Ulimasao
is the clear winner in the second priority criterion of the wish of the family
clans. Fagaoali`i and Ulimasao
are equally qualified under the third priority criterion of forcefulness,
character, personality, and knowledge of Samoan customs. Ulimasao,
however, has distinct eminence in the fourth priority criterion of value to
family, village, and country.
In our analysis, Ulimasao’s stronger rankings on the second and fourth
criteria outweigh Fagaoali`i’s better hereditary
right. We will, therefore, award the
title “Tagoilelagi” to Ulimasao.
Order
The title “Tagoilelagi”
is awarded to Ulimasao Sitala
Sitala, Jr. The Territorial Registrar shall register
the title in Ulimasao’s name, provided that he has
resigned from and is not registered as holding any other matai title.
It is so Ordered.
______________________________
DISSENT
PESE, Associate Judge.
I would award the title “Tagoilelagi”
to Fagaoali`i.
Fagaoali`i clearly has the superior hereditary right to the
title. I interpret the evidence of the family meetings as resulting not in majority
clan support for Ulimasao but in no decision for
either candidate, and would therefore find a draw on the clan wish criterion.
On the third and fourth criteria, I believe that based
on his education and career achievements, Fagaoali`i
is a more forceful person and a stronger leader. Moreover, unlike Ulimasao, Fagaoali`i has lived in
Since I would find that Fagaoali`i
prevails over Ulimasao on the first, third, and
fourth criteria, I believe that the title “Tagoilelagi”
should be awarded to Fagaoali`i.
[1] The specific time of and reason for the changed
spelling is not in evidence and is not important to our decision.
[2] Fagaoali`i’s
father Elia and Ulimasao’s
father Sitala were contestants for the title in
1961. See In re Matai Title “Tagoilelagi”,
MT No. 58-1961 (Trial Div. 1961).
Perhaps this rivalry initiated, as Fagaoali`i
suggests, or intensified the current factionalism in the family.