The times. [volume] (Washington [D.C.]) 1897-1901, 1900-06-03
EXTRACTION BILLPASSBD
Senate Substitute for the House
Measure Goes Thu ough.
Provision Made to Fit the Cases of
With Offences Against the Grim
inaI Laws in Force in Cubn-De-
bate on Mr.. Stewards Amendment.

| The Senate yesterday afternoon passed
| its substitute for the House Cuban Extra
dition bill by vote of 46 to 10. Those
voting in the negative were Messrs. Bur-
rows, Gallery, Culberson, Gallinger, Hale,
Heitfeld, Hoar, Mason, McEnery, and Sui
| lvan.
| The bill as passed provides that ANY
| fugitive from justice who is low or
may hereafter be charged with or con-
! victed of the commission of any Of
the offences therein specified against
the criminal laws in force in the ISL
| and of Cuba, who may be found with
| in any State Of the United States, or
| in any Territory, or in the District OF
| Columbia, shall be liable to arrest and de-
| tention. and on written requisition of the
| Military Governor. or other governing au-
thority of Cuba, he shall be surrendered
to the authorities in Cuba for trial under
| such laws. Such accused person shall be
taken before judge or justice of the
circuit or district court of the United
States in the district in which he is ar
rested. or if in the District of Columbia
! or in Territory, before a judge of su-
| preme court thereof who shall order his
return and surrender on evidence estab-
fishing probable cause that he is guilty
| OF the offence charged; and thereupon he
shall be returned and surrendered to the
authorities OF Cuba on the order of the
Secretary of State of the United States:
Provided. that such return and surrender
shall not be made Of persons charged with
the commission of offences of political
| nature"
When the bill was taken up an amend
ment was offered by Mr.. Stewart to strike
out the provision that before making the
! order OF surrender, the judge shall lie
satisfied that proper provision exists for
securing to the accused speedy and fair
trial.
The amendment was opposed by M
Hoar. Chairman of the Judiciary Commit
tee, and by Mr.. Mason, and was advocated
by Senators Stewart and Teller on the
ground that such proviso was a ref1ec-
ton upon the Government of the United
States, which controlled matters in Cuba
Mr. Platt of Connecticut supported the
amendment and declared that it would
be shocking outrage If, under the pend
ing bill, person could go to Cuba, commit
crime there, return to the United States,
and be free from punishment. AS a mem
Der OF the Judiciary Committee he had con-
scented to the reporting of the bill with |
the proyiso In it, but he now thought that |
the proviso should be struck out He |
took it for granted that an extradited |
al
in Cuba, although not jury trial. But an |
American who went to Cuba and COM !
mitted a crime. with the knowledge that a |
right of trial by jury did not exist there |
should be sent back and tried according |
10 the laws of the island.
IF we cannot secure man fair trial
in Cuba" Mr.. Bacon argued. lit is our
own fault, and We cannot escape RESPONSE
bility for it. Under this bill there would
a fall 1nfr h. s,,ir |
might say that the fugitive could not have
fair trial in Cuba, and might, therefore,
discharge him.
Mr.. Fairbanks, in charge OF the bill,
expressed his willingness to have the pro-
viso struck out.
Mr.. Chandler was also willing to have
the prcvisO struck out because f any
accused person was deprived of his rights
in court in Cuba the military authorities
there could interfere, or the President of
the United States could by telegram,
control the judicial power.
MIR. Hale said that he wanted to see
every guilty man punished but he was not
willing to strike from the statute the prin-
ciple that the presumption of innocence
rested with the accused.
Mr.. Hoar argued against striking out |
the proviso. and said that the proposition
before the Senate was: Ought an Ameri-
can citizen presumably innocent be liza A .
BILE to be taken from his home on false .
accusation. carried to Cuba, and tried as
Dreyfus had been tried?
Il do not think he said, that It is a :
reasonable thing TO send an American .
citizen to Cuba to be tried after the old .
Cuban fashion, or by an American court .
either. But as we are now in the :
last stage Of the session. / am not dis !
posed to prevent the passage OF this bill .
whether the proviso is in it or not, al .
though / would rather have II in" .
After long discussion the amendment I
was. agreed to- and the substitute was
46, nays 10. :.