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Lazarus v Likjer [1954] TTLawRp 7; 1 TTR 129 (21 June 1954)

TRIAL DIVISION OF THE HIGH COURT

MARSHALL ISLANDS DISTRICT

Civil Action No. 8

LAZARUS S.
Plaintiff

v

LIKJER
Defendant

June 21, 1954

Action to determine ownership of alab and dri jerbal rights on "Jebrik's 'Side" of Majuro Atoll. The Trial Division of the High Court, Chief Justice E. P. Furber, held that consent of iroij lablab is essential to transfer of alab rights by alab of land in which his bwij holds these rights.

1. Marshalls Land Law-"Alab"-Powers

Under Marshallese custom, alab of land in which his bwij holds alab rights has no power to give those rights away without consent of iroij lablab of the land, or those entitled to exercise iroij lablab powers over it .

2. Marshalls Land Law-"Iroij Lablab"-Powers

Under Marshallese custom, an iroij lablab might for good reason permit a gift of alab rights without the consent of bwij of that land.

3. Marshalls Land Law-"Iroij Lablab"-Powers

Under Marshallese custom, consent of person or persons entitled to exercise iroij lablab powers is essential to gift of alab rights, and attempted gift has only such effect as those concerned see fit to give it.

4. Marshalls Land Law-"Iroij Lablab"-"Jebrik's Side" of Majuro

Under special arrangement for exercise of iroij lablab powers on "Jebrik's side" of Majuro Atoll, consent to gift of alab rights there must be given either by droulul without objection of the administration, or by administration itself.

5. Marshalls Land Law-"Alab"-Succession

Where former alab tried to give alab rights to claimant and his bwij, it was of no legal effect when it lacked necessary consent of those exercising iroij lablab powers.

6. Marshalls Land Law-"Dri Jerbal"-Revocation of Rights

Where status as to iroij lablab rights were in doubt in minds of many Marshallese in community, disregard by claimant and his bwij of their obligations to rightful alab will not result in termination of their dri jerbal rights.

7. Marshalls Land Law-"Dri Jerbal"-Suspension of Rights

Where dri jerbal rights of party and his bwij who disregarded their obligations to rightful alab are suspended, they may be regained by their recognizing rightful alab within reasonable time.

8. Marshalls Land Law-"Dri Jerbal"-Suspension of Rights

Under Marshallese custom, rightful alab and her bwij may themselves exercise dri jerbal rights during such period as those otherwise entitled to hold these rights fail to recognize her as rightful alab.

FURBER, Chief Justice

FINDINGS OF FACT

1. The defendant Likjer is the present senior member of the bwij (extended matrilineal family) of Aea, and as such became alab (person in immediate charge of a piece of land) of the land in question on Aea's death.

2. The defendant Likjer's right to succeed Aea as alab was confirmed by a determination made by Iroij Erik (Lesser Chief) Moses with the approval of both Iroij Lablab (Paramount Chief) Jebrik Lukutwerak and the Japanese government.

3. The bwij of which plaintiff Lazarus is now the senior member, was clearly recognized by all of those concerned with the land as having dri jerbal (worker) rights in the land in question for many years under the Japanese administration, and under the American administration until the death of Aea, about 1950.

4. Plaintiff Lazarus and his bwij have wrongfully refused to recognize the defendant Likjer as alab since the death of Aea, but their rights have not yet been cut off by or with the approval of either the droulul (society) of those holding rights in lands formerly under Iroij Lablab Jebrik Lukutwerak (now often referred to as the 20-20 group), or the American administration.

5. Any attempted gift of the alab rights by Aea to the plaintiff Lazarus or his bwij was not approved, either by the members of Aea's bwij, or by the droulul referred to above, or by the Japanese or the American administrations.

CONCLUSIONS OF LAW

1. This action concerns the ownership of the alab and dri jerbal rights in certain land on "Jebrik's side" of Majuro Atoll. The special arrangement for the exercise of iroij lablab powers in that part of Majuro Atoll is discussed in the conclusions of law by this court in L. Levi v. Kumtak, 1 TTR 36, and Lazarus S. v. Tomijwa, 1 TTR 123.

[1-5] 2. Under Marshallese customary law an alab of land in which his bwij holds the alab rights, has no power to give those rights away without the consent of the iroij lablab of the land, or those entitled to exercise the iroij lablab powers over it. Ordinarily the alab is expected to talk the matter over with members of his bwij and get their consent too. For good reason, however, the iroij lablab might permit the gift without the consent of the bwij, but the consent of the person or persons entitled to exercise the iroij lablab powers is essential. Without it, the attempted gift has only such effect as those concerned see fit to give it. Under the special arrangement mentioned above for the exercise of iroij lablab powers over Jebrik Lukutwerak's former lands, that consent in the case of those lands would have to be given either by the droulul without objection by the administration, or by the administration itself. The evidence is in conflict as to whether Aea tried to give the alab rights to the plaintiff Lazarus and his bwij. Assuming however that he did try to make such a gift, the court holds it was of no legal effect because it lacked the necessary consent.

[6-8] 3. The defendant Likjer claims that the plaintiff Lazarus and his bwij have now lost any dri jerbal rights they may formerly have had because they refused to recognize Likjer as alab. While it is probable that such refusal, if persisted in long hereafter, would justify those entitled to exercise the iroij lablab powers, in approving the termination of these rights, such termination has not been so approved. In 1933 the Japanese administration modified the original arrangement for control of Jebrik's former lands and had a portion of the proceeds from copra produced there paid to the administration to be used for medical expenses and other needs of the people. The details of this modification were set forth in a letter from the Jaluit Jijojo (i.e., the Japanese Administrator stationed at Jaluit) dated April 7, 1933, but are not material here. This court takes notice, however, that the American administration has failed to collect and handle this portion or the copra proceeds and has appeared, at least to date, unwilling to work as closely with the droulul-or with the iroij lablab generally-as the Japanese administration did. These facts, along with the others, have created great doubt in the minds of many Marshallese as to the status of iroij lablab rights in general and the droulul in particular. The plaintiff Lazarus brought this action fairly promptly to have the rights of his bwij determined by the court. Under all the circumstances, therefore, the court considers that the disregard by the plaintiff Lazarus and his bwij of their obligations to the defendant Likjer has not continued so long as to itself terminate their rights. The court holds that the dri jerbal rights of the plaintiff Lazarus and his bwij are merely suspended, and that they may regain the future exercise of these rights by recognizing Likjer (or her successor) as alab, within a reasonable time hereafter. In the mean-time, under Marshallese custom, the defendant Likjer and her bwij may themselves exercise the dri jerbal rights during such period as the plaintiff Lazarus and his bwij fail to recognize Likjer (or her successor) as alab.

JUDGMENT

It is ordered, adjudged and decreed as follows:-

1. As between the parties and all persons claiming under them, the alab and dri jerbal rights in Eomelan (formerly known as Eastern Monak) Wato, on Anil Island, Majuro Atoll, are as follows:-

(a) The alab rights are held by the bwij of which the defendant Likjer is the present senior member, and the defendant Likjer is the alab.

(b) The dri jerbal rights are held by the bwij of which the plaintiff Lazarus is the present senior member, but are suspended, and may be exercised by the defend-ant Likjer and her bwij unless and until the plaintiff Lazarus and his bwij recognize the defendant Likjer (or her successor) as alab within three months after the entry of this judgment.

(c) The plaintiff Lazarus and his bwij may regain the future exercise of the dri jerbal rights by recognizing the defendant Likjer (or her successor) as alab, and filing in this action written acknowledgment that they have "done so, within three months after the entry of this judgment.

2. This judgment shall not affect any" rights of way there may be over the land in question.

3. No costs are assessed against either party.