American Samoa Gov’t v. Tuika Tuika

AMERICAN SAMOA GOVERNMENT and
GOVERNOR OF AMERICAN SAMOA, Appellants

v.

TUIKA TUIKA JR., ASUEGA FITIFITI, MILOVALE
SOLAITA, IOSEFO KAPELI IULI, SAO NUA, MIKE
FUIAVA, and SAVEA NUA, Appellees

High Court of American Samoa
Appellate Division

AP No. 9-87
AP No. 14-87
AP No. 20-87

October 22, 1987

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Territorial statute requiring the Governor to submit to the Fono for possible disapproval any lease of land lasting over ten years was not legislation "affecting the powers of the legislature" requiring the prior approval of the Secretary of the Interior. A.S.C.A. § 37.200.

Before O'SCANNLAIN*, Acting Associate Justice, KING**, Acting Associate Justice, and OLO, Associate Judge.

Counsel: For the Appellants, Martin R. Yerick, Assistant Attorney General
For the Appellees, Charles V. Ala'ilima

PER CURIAM: [6ASR2d59]

We affirm the order of the Trial Division and we adopt its opinion of April 24, 1987.

Our attention was called during oral argument to Section 2(b) of Secretarial Order No.2657 as amended, which requires approval by the Secretary of the Interior of any legislation "affecting the powers of the legislature." We are not persuaded that enactment of A.S.C.A. § 37.2030 fell into that category.

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* Honorable Diarmuid F. O'Scannlain, Judge, United States Court of Appeals for the Ninth Circuit, serving by designation of the Secretary of the Interior.

** Honorable Samuel P. King, Senior Judge, United 5tates District Court for the District of Hawaii, serving by designation of the Secretary of the Interior.