The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1900-05-23

WASHINGTON. May 22.-John D. Lind
sey. attorney for Charles +. Neeley, ap-
peared before the house judiciary COM
mittee today and submitted an argument
against the proposed extradition bill. He
also presented a voluminous brief. The
proposition to subject an American citi-
zen to trial in country where Spanish
system of laws are in vogue, he con-
tended. was utterly opposed to American
traditions. The fundamental theory at
the base of our system, he said, assumed
a man placed in Neeley's position to be
innocent until competent and legal evil
dences were adduced to prove him guilty.
The fundamental principle. he said. was
faulty in Spanish law, which was based
on an ancient system. and a man was
considered guilty soon as charged.
The burden of proof was placed upon
Him. Mr.. Lindsey was closely questioned
by members of the committee. He claim
ed that Neeley could only be tried in the
United States, and only on the charge
of violating a law, making it felony to
bring into the United States money en-
bezzled from the United States. The
funds in the custody of the United States,
though the property of the island of Cuba.
were assumed by law to be the property
of the United States.
Cannot Get Fair Trial in Cuba.
Mr.. Lindsey said the proceedings pend
ing before Gov. Roosevelt by Gov. Gen.
Wood for Neeleys surrender was for
the purpose OF trying him under section
40l of the penal code of Cuba. That sec
ton fixed a penalty of imprisonment from
one day 10 twelve years for malversation.
Mr.. Lindsey said he understood convic-
ton for violating this statute carried
with II provision for shackling the pris-
oner and confning him in dungeon
He argued that it was impossible for an
American citizen TO. obtain fair trial
in Cuba at this time. The fact that
Neeley can be tried in the United States,
he claimed. was a complete reason why
he should not be taken to Cuba.
Outline of Argument
In his brief Mr. Lindsey advanced the
following propositions:
I'm the absence of "a treaty stipulation
or congressional legislation. there is no
authority In the United States govern
ment TO extradite fugitive from justice.
'Second-The Cubans are free and in
dependent people. and the island Of Cuba
is as much foreign territory as France
or England.
"Three-No nation should authorize by
treaty or legislation any form of extradi-
ton to a place whore the laws and Ju-
diciaI methods are abhorrent TO its idea
of right and justice
"Fourth-The policy OF the United
States has always been to refuse TO ex-
tradite American citizens TO Spain or to
places administering the Spanish system
OF law.
"Fifth-The conduct OF affairs in Cuba
does not justify at this time a departure
from the policy declared in the Spanish
treaty OF 1877.
''Sixth-lt is not for the government TO
urge that. unless provision is made. for
the extradition OF fugitive American Of
Tenders against Cuban laws. single or
even many criminals may go unwhipped
Of Justice
"Seventh-In the absence Of any means
whereby the extradition Of Cuban citi-
Gems charged with crimes in The United
states can be demanded the proposed
legislation IS manifestly untimely, recip-
rocal power to demand and reciprocal
power 20 surrender fugitives lying al tha
base Of all systems Of eNtradition
LesiSIation Is without Precedent.
The conclusion reached is.
..The proposed legislation Is without
precedent IN the history of the country.
II is vioIative Of the principles which
forbid unusual and extraordinary meas
ures. II Is a device 10 enable the gov
ernment 10 do something which other
wise would be unlawful 1t seeks TO
subject a citizen to pain Of limb to
which. without such legislation, he could
not be subjected. It IS an expression Of
the sort Of power that absolute monarchs
exercise. but which is menace 10 them
and intolerable in a republic
After a two hours executive session the
committee voted TO report the Ray extra
dition bill with some chanses The chief
amendment makes the bill general instead
Of limiting il 20 Cuba,