FOLAU I`AULUALO,
Claimant,
v.
PULE SITAIAI MA`ILEOI,
and TUASIVI S. I`AULUALO,
Counter-claimants.
[In the Matter of the
Matai Title “I`AULUALO,” of the village
of Afono]
High Court of American Samoa
Trial Division
MT No. 08-97
September 24, 1998
[1] A.S.C.A. § 1.0409(c)
provides that in a matai
title dispute, the criteria to be considered are the best hereditary right;
clan support; forcefulness, character and personality, and knowledge of Samoan
customs; and value to family, village, and country.
[2] Where all candidates
for a matai title
have a harmonious family history, the court applies the Sotoa
rule in calculating the best hereditary right and looks to the earliest
generation descendant.
[3] Under A.S.C.A. §
43.0302, where a matai
title candidate insists on his position that the matter be taken to court,
meetings must first be held at the Office of Samoan Affairs.
[4] Where claimants’
candidacies in a matai
title dispute are not presented to the assembled family for consideration,
they can lay no claims to family support, but where a claimant’s candidacy is
presented to the family and is unanimously endorsed by family consensus, such
candidate will prevail on the issue of clan support.
[5] In evaluating
forcefulness, character and personality, and knowledge of Samoan customs in a matai title
dispute, the court will consider a candidate’s age, work history, prominence in
the community, personality, leadership ability, and health.
[6] In evaluating value
to family, village, and country in a matai title dispute, the court will consider a
candidate’s ability to make peace,
connection to the community, service to the family by contribution to fa`alavelave and village obligations, and family
following. [2ASR3d239]
Before KRUSE, Chief Justice,
TAUANU`U, Chief Associate Judge, TUAOLO, Associate Judge, LOGOAI, Associate
Judge, and SAGAPOLUTELE, Associate Judge.
Counsel: For
Claimant, Katopau T. Ainu`u
For Pule Sitaiai Ma`ileoi, Afoa L.S. Lutu
For Tuasivi S. I`aulualo, Tuana`itau F. Tuia, LP
OPINION AND ORDER
The matai title I`aulualo
has been vacant for many years. Among
other things, a longstanding history of factional rivalry within the I`aulualo extended family has existed between the immediate
families of candidate Folau I`aulualo
and candidate Tuasivi S. I`aulualo. The I`aulualo
family has since been divisive on the issue of matai succession, an issue which has
been before this court earlier but remanded back to the family after the court
found that none of the candidates then vying for the title were legally
eligible to succeed. See
Aoelua v. I`aulualo
, 25 A.S.R.2d 116 (Trial Div. 1994), aff`d Siofaga v. I`aulualo, AP No. 06-94 (App. Div. 1995). Once again, this dispute is before the
court. Contesting succession at this
time are Folau S. I`aulualo
(“Folau”), Tuasivi S. I`aulualo (“Tuasivi”), and Pule Sitaiai Ma`ileoi
(“Pule”).
[1] In these matters we look to the four statutory criteria set out in
A.S.C.A. § 1.0409(c), namely; (1) best hereditary right, (2) clan support, (3)
forcefulness, character and personality, and knowledge of Samoan customs, and
(4) value to family, village, and country.
Discussion
1. Best Hereditary Right
[2] We find that all three candidates are blood heirs to the matai title I`aulualo. We
further find that all three candidates descended from the first title-holder
established in Afono, I`aulualo
Tuua. Family
history records the first titleholder as having three issue: Sili`i (female); Taualoa
(female); and Solo (male). The three
candidates before the court are all descended from Taualoa. In these circumstances where family history
is harmonious, we apply the Sotoa rule in
calculating best hereditary right. See
In re Matai Title “Misa”, AP No. 09-95 (App. Div. 1997); In re Matai Title “Lolo”, 25 A.S.R.2d 175, 176 (Land and
Titles Div. 1994); In re Matai Title “Sotoa”, 2 A.S.R.2d 15 (Lands and Titles
Div. 1990). [2ASR3d240]
We find that Folau is sixth generation descendant; Tuasivi
is sixth generation descendant; and Pule is fifth
generation descendant. Since Pule is a generation ahead of Folau
and Siofaga, we conclude that Pule
prevails on the issue of best hereditary right.
2. Clan Support
No dispute on
the evidence exists as to clan makeup and number. There are three traditional clans in the I`aulualo family, namely, the Sili`i,
Taualoa, and Solo clans. The evidence further shows that the I`aulualo family met on several occasions to select a matai. Three meetings
were initially convened in Afono. Then there were two meetings held before the
Office of Samoan Affairs, and a short discussion took place in Ili`ili. While Folau did not
attend any of the family meetings at Afono, his uncle
Maave attended for Folau’s
side of the family.
The family
failed to reach a consensus at the first and second meetings at Afono; however, a settlement or compromise was arrived at
during the third meeting. Here, the
whole family agreed that Maave would hold the
family’s other vacant chiefly title “Laupola,” while
its orator title “I`aulualo” would be co-held by Pule and Siofaga Faleseu, the father of Tuasivi. Faleseu, on other
hand, withdrew from contention and that left Pule as
the sole appointee. At the conclusion of
this conciliatory effort by the assembled family, Maave
gave a speech praising and thanking the family for its tofa
(the wisdom of its judgment [in appointing he and Pule
to the family’s two vacant titles]). He
then advised the gathering that he would personally convey the family’s
decision to Folau, whom he referred to as “his son.”
[3] With Folau unyielding on his position that the
matter be taken to court, there were two subsequent, and requisite, meetings at
the Office of Samoan Affairs pursuant to the requirements of A.S.C.A. §
43.0302. Folau
did not attend the first meeting, although he attended the second only after he
was directed by Samoan Affairs to participate.
At the latter meeting, Folau advised the
family that the matter would be taken to court as he had already offered the
title for registration with the Territorial Registrar. Folau’s
registration application attracted the objection of Pule
and Tuasivi.
[4] On the foregoing, we find that neither the candidacy of Folau nor the candidacy of Tuasivi
were presented to the assembled family for its consideration. Therefore, they can lay no claims to family
support. On the other hand, we find that
Pule’s candidacy was not only presented to the family
but was unanimously endorsed by family consensus. Accordingly, we hold that Pule
prevails on the issue of clan support. [2ASR3d241]
3. Forcefulness, Character and Personality, and
Knowledge of Samoan Customs
[5] Folau is 53 years of age and presently resides
in Ili`ili. He left the
territory at the age of 16 and, after graduating from high school in San Francisco, he joined
the construction industry in the mainland and worked his way to general
foreman. He returned to American Samoa with a
mainland contractor that was contracted by the American Samoa Government to
construct the Afono road project. Folau has since
remained in the territory, working first with the Department of Public Works,
and then with TEMCO, coordinating territorial disaster programs with local
government officials. He has also served
as a member of the Flag Day Committee during various administrations.
Within his
church, Folau’s service has gained him
prominence. He has held the office of failautusi aoao
(secretary general) and he has also served on numerous church development
committees.
Pule is 59 years of age and also resides in Ili`ili. He has had a varied work history. After high school, he joined the government
working first as a school teacher and then with the Department of Public Works
for one year, before leaving to work with the private sector. After two years working at the fish
canneries, he went back to government to the Department of Agriculture (“DOA”)
where he remained for twenty-three years until he was medically discharged. While employed with the DOA, he represented
the department at various off-island seminars and workshops. He is also a member of the Territorial
Humanities Council, a government body commissioned with promoting awareness of
the native culture.
Tuasivi is 27 years of age and currently resides in Afono. After high
school, he attended Community College and then spent some time in Hawaii working at a
variety of jobs, including driving a food delivery truck and dancing in a polynesian entertainment show. He recently returned home to serve the family
in Afono and is currently employed with the
Department of Port Administration as a security officer on the main docks. Tuasivi also helps
out with the family business in Afono.
Under this
heading, Folau prevails on the forcefulness
factor. He has the more impressive work
history. He is aggressive, but to a
fault in some serious respects. He seems
less amenable to counsel and rather headstrong in his quest to become the next
titleholder. Being unsuccessful with the
family in his bid to become the I`aulualo, he has
singularly forced the issue of matai succession to the courts. [2ASR3d242]
On the other
hand, we rate Pule ahead of both Folau
and Tuasivi on the consideration of character,
personality, and knowledge of Samoan customs.
Having observed his demeanor on the stand and evaluated his responses to
the various questions fielded by him, we rate him ahead on the issue of
knowledge of Samoan customs. At the same
time, he impressed us as being a humble, composed, and level-headed individual,
traits that no doubt weighed with the family when they attempted to give the
title to him. In our view, he best fits
the bill as peacemaker within a very discordant family. Although we had some initial reservations
with his health which prompted his early retirement, we find that Pule has not slowed down in retirement and that his life
has not been one of leisure. Besides a
history of progressive leadership assignments within his church, Pule continues to work, supplementing the family income
with crop farming and a small store he operates in Ili`ili.
Tuasivi’s youth weighs against him; his comparatively brief
history to date merely bespeaks the fact that he is only just starting out in
life. He is, however, a confident and
promising young man that the I`aulualo family can
certainly look to in the future. Service
to the family and village are very much a part of his future goals, as is
evident by his participation in various community chores under the direction of
the pulenu`u and his attendance at the youth
activities of his church at Afono. While his side was prepared to accept the
family’s decision reached at Afono, his candidacy was
an afterthought prompted by the realization that the issue of matai succession
would be pursued beyond the family’s decision, and his immediate family’s
desire for representation in a judicial proceeding.
Overall, we
find Pule to prevail on this consideration.
4. Value to Family, Village, and Country
[6] As we stated above, Tuasivi shows potential as
a prospective leader. Apart from the
fact that he lives in the village and is thus more in daily contact with
village and family responsibility, Tuasivi is
immediately disadvantaged because he does not have the history of family,
village, and country, commitments that the other candidates exhibit.
Both Folau and Pule have both served
the family by contribution to fa`alavelave and
village obligations. They both
demonstrate adequate resources available if selected to undertake the
responsibilities of the titleholder. They have both rendered service to the
people and government of American
Samoa beyond their respective positions of employment
by serving on government commissions.
However, the scales must also tilt here in favor of Pule
on the factor we alluded to above; that is, the best potential for restoring
peace and harmony to a [2ASR3d243]
family that has been divided for too long.
Unlike Folau, Pule
enjoys a significant measure of family following. Unlike Folau, he
does not belong to either of the factions that have plagued the family with
rivalry. He is thus in a unique position
to best serve the immediate needs of the I`aulualo
family. Pule
prevails also on this consideration.
Conclusion and Order
Based on the
foregoing, we hold that Pule is qualified to hold the
title I`aulualo as he prevails on all four statutory
criteria. The Territorial Registrar
shall, in accordance with A.S.C.A. § 1.0409(b), register the matai title I`aulualo, attached to the village of Afono, in candidate Pule Sitaiai Ma`ileoi.
It is so
Ordered.
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