The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1897-02-16
Argument on The Piracy Charges Pre-
fGrred by the Government
Heard Before the Supreme Court of the
United States.
At the Conclusion of the Argument
the Court Adjourns Until the First
Monday in March, Without AM
nouncing Any Opinion on the Oues-
ton at Issue

| WASHINGTON. Feb. 13.-The United
/ States Supreme Court to-day heard ar
guments in the case of the United
1 States vs.. the steamer Three Friends
/ on the motion of the Attorney-General
for a certiorari TO the Circuit Court of
/ Appeals of the Fifth District. bringing
/ the case to the Supreme Court The
steamer had been nbeled Tor condemna-
! ton on the charge of violating the neu-
! trality laws controlling the relations
/ between the United States and Spain.
! Assistant Attorney General Whitney
made the argument for the Govern
ment He began by stating the question
/ briefly, and then discussed at length
the question of the nature of a recogni-
ton of belligerency. He explained the
effect of the Act of 1917 in the use of
the words colony district of people"
! He said it was clear that the steamer
had been equipped to be employed
against the Spanish authorities by the
| Cuban insurgents. He read extracts
! from the Presidents last message to-
show that sufficient recognition of the
| Cuban belligerents had been given by
the executive to justify the courts in
giving them their attention The Flor
(
ton that it could not. under the statute.
take such cognizance but Mr.. Whitney
argued to the contrary. The only
question, he said, was whether the
statute was applicable for the reason
that the belligerency of the Cubans had
not been formally recognized. 1t was
true in the technical meaning of inter-
national law that the Cubans had not
been recognized as belligerents, but
then if this was the case there were
other statutes concerning the piracy
and enlisting of men for hostiliteS
against friendly power which were
applicable. As a matter of fact there
was nothing in the statutes to require a
recognition of belligerency to set the
| faw in nation
W. Haliett6 Phillips and A w Cock
rell appeared for the owners of the
Three Friends.
Mr.. Phillips desired to know if the
question as to whether the words col
Cny, district of people," in the law of
1917 applied to the Cuban insurgents
as presented by the record in this case.
No such body as the republic of Cuba
was, he said, anywhere referred to. AS
a matter of fact. the Acknowledgement
had been the first among the RESPONSE
BILE officers of the Government to en-
ploy this phrase. He claimed that there
had been mistake as to the legal
meaning of that word neutrality
which is inseparable from a belliger-
ency to which the neutral is not q
party. He asserted that the words in
surgents and revolutionistS have no
legal meaning. but when recognized by
a neutral Government such recogni-
ton amounts to a recognition of bellig-
erency or independence He contended
that all the court could do is to decida
whether on the records presented and
the charges in the libel the court below
was justified in sustaining the excep-
tions.
Mr. CockrelI urged that the libel
failed to show the original intent as
required by law of the offending person.
and that it did not even show who the
offending persons were. Gould the
Government" he asked, establish the
specific intention required without
proving its existence in the mind Of
the person who had fitted out the YES
seI?'
Acknowledgement Harmon closed for
the Government. He said that while
the Cuban insu1rection had not Shown
itself to be strong enough to warrant
the recognition of belligerency, stiit
there had been sufficient recognitiOB
that a state of war existed. So far as
formal recognition was concerned he
claimed the insurgents were better off
without it. He closed with an appeal
for the observance of the neutrality
laws, and urged that Congress had
provided abundant means for their en-
forcement.
At the conclusion of Mr.. HarmonFS
argument the court adjourned without
announcing any opinion until the first
Monday in March.