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Judicial power. The judicial power shall be vested in the High Court, the District Courts, and such other courts as may from time to time be created by law.
High Court had subject matter jurisdiction in case involving a contested senatorial election by county council where there was a case or controversy, it arose under the constitution, laws or treaties, and the cause was described in jurisdictional statutes. Meredith v. Mola, 4 ASR 773 (1973).
It cannot be said that the "judicial power" vested in the High Court by this section is plenary and thus comprehends the authority to sit as a court of admiralty; the question whether the court has power to so sit is one of jurisdiction, and such jurisdiction has not been conferred on any court in the territory by the American Samoa Constitution or the American Samoa Code. Vessel Fijian Swift v. Trial Division, High Court of American Samoa, 4 AS R983 (1975).
Subject to supervision in its exercise, the Legislature of American Samoa has been delegated unimpaired power, through the executive branch of the federal government, to give territorial courts authority to sit in admiralty and, as a consequence, to entertain in rem actions and provide procedures for arresting vessels or other property that is the subject of a maritime action. Vessel Fijian Swift v. Trial Division, High Court of American Samoa, 4 ASR 983 (1975).
In rem admiralty and maritime jurisdiction in the Trial Division of the High Court cannot be grounded upon "the necessity and importance of in rem Admiralty jurisdiction ... in the orderly administration of justice in this maritime territory"; such determination is for the legislature. Vessel Fijian Swift v. Trial Division, High Court of American Samoa, 4 ASR 983 (1975).[1]
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