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Opinion of the Judge Advocate of the Navy

The Judge Advocate General of the Navy in 1921 said: “The Government established by the President of the United States in American Samoa, having been recognized and acquiesced in by Congress, said government must be recog­nized by all individuals who have occasion .to deal therewith as the lawfully established government of American Samoa until Congress see fit to provide otherwise. The Congress of the United States, the President, the Attorney General and the Secretary of the Navy have all concurred in recognizing American Samoa as a possession of the United States and a part of its territory administered by a governor commis­sioned by the President, whose agent he is for the purpose of executing the orders communi­cated to him through the Secretary of the Navy, except in so far as Congress may see fit from time to time to legislate directly in relation thereto Under the system of government which has been established in American Samoa, the individual commissioned by the President as Governor thereof possesses supreme legislative, executive, and judicial power of government in relation thereto, except in so far as restricted by the President or by enactments of Congress.” (File 3931-1429; 36, Dec. 23, 1921) LRNA, Supp. 25. However, in American Samoa, under the present code and under this new code the Governor has, through his legislative powers, vested the judicial powers in the courts and the Chief Justice and other judges of American Samoa.