The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-01-05
NEW FILIBUSTER POINT.
THE GOVERNMENT TO PROSECUTE
TIE 8. n. SMITH ON III.

An Effort to Get from the Supreme Court an
Opinion as 20 whether when Tive Legal
Expeditions Unto en- tho High Seas
That Constitutes n violation OF Neutrality.
WASHINGTON. Jan. A.-Tho Government is
making q strong effort to prosecute the flibus-
tor tug Somcrs n. Smith for the purpose Of
making n test case before tho United States
Supreme Court. This will DO the FIRST instance
In which tho Government has asked the court
for nm opinion on which to base proceedings In
hlibustcr cases. Tho question raised Is whether
two legitimate expeditions setting out from the
United States and being united into q single
expedition with arms and mon, outside tho
thrcc.milc limit. are to be regarded as a viola
ton of the neutrality laws. The question has
been raised before, but has not been settled by
an opinion from tho highest court.
The first step toward this end was taken to-
day by tho Attorncy.General. lilo ordered that
a libel DO filed Immediately against the Somers
n. Smith. which is now lying ut Mobile under
the watch of Federal officers. Tho decision to
libel the vessel was the result of the examina
ton of witnesses at tho Department OF Justice
yesterday and to day by Assistant Attorneys
General Boyd and Hoyt.
Throe Chilians, who snid they had been con.
nected with a Cuban hlibuster expedition con.
Quoted on tho tug Somors N. Smith last
August, were questioned for several hours
through III lutcIpIctoi. ihcoo "ithObooS W0T0
brought to Washington through the of.
forts OF Spanish agents interested in the
prosecution OF tho Smith. Their names
and the details OF their testimony wero
withheld by tho department.. The witnesses,
who were formerly Chilian army officers, said
they came to New York some time ago from
Chill to enter the service of tho Cuban insur.
gents, having been employed by Cuban repre-
sentativesi in South America to instruct mon in
military tactics and to assist in conducting
them from the recruiting ground in the United
States to Cuba. They say that tho insurgent
leaders failed to keep certain promises made to
promoters OF the smith expedition.
details OF the August expedition of the vessel.
The Smith is said to have left a point on the
a party of men bound for Cuba, among whom
were the Chilians, and TO have met another YES
81 { lSw t% %iliS on w ans loaded eSsssi Wits WIts T Sr%s s snd
smI9Sl tns eS M4iea w witS t irsns o1her ps s9 the o'
Hilary vessel was q schooner. the name of which
tho witnesses professed not to know. the letters
met. The Treasury and judiciary officers be.
recently Iibolied at Norfolk, but released on
bonds to carry a cargo Of lumber to New Haven.
The Assistant ACKNOWLEDGEMENT believe that
the testimony OF the Chilians. is OF sufficient
value for o successful prosecution or the Smith.
Complete formal testimony before q United
States court will be taken. and an effort made to
In case the Governments case is successful the
matter will be brought before the United States
Supreme Court in order to obtain an opinion.
The promoters OF the Smith expedition are OK.
pectcd to hold that tho expedition was not
illegal. They will contend that two expedi:
tions. each legal In itself. the one consisting Of
unarmed men and the other, of arms without
men, may be united on the high seas without
violating tho neutrality laws.
The Department of Justice believes that such
An expedition is illegal.