New-York tribune., 1900-12-11
ARGUING NEELY's CASE.
r STATUS OF Cuba BEFORE THE
SUPREME COURT.
,ovS D LINDSAY. FOR NEELY. ASSERTS
rEAT THE PRESENT MILITARY Gov
EMINENT Is ILLEGAL

,r..b,neton. Dec I0.-The Neely extradition
- was argued to-day in the United States
s,-srne Court All the Justices were present.
-. argument developed interesting and i'm
-.~.snt questions Of law with reference 10 the
-, ~ the United States 20 extradite fugitive
-,-,,nsl in the absence OF an extradition treaty.
= especially with reference 10 the right OF the
o-ss,seut since the ratification OF the Treaty OF
p.-,s 10 maintain military form Of govern
..s,t N Cubs. The latter feature made Il the
as, of the arguments which bring Up for final
ss,sion by the Supreme Court the constitutional
.lstious between this country and the terri
- ACQUISITIONS which il has gained as a re-
-, ot the war with Spain. The Nicely case re-
as exclusively 10 the character OF these rela-
,o,s 50 far as Cuba is concerned. and thus pre-
,.r-s an independent question from that which
r-ir be argued on December IL. when the char
,r-er OF these relations with Porto Rico and the
Pbuippines VIII be under consideration.
Tobn y Lindsay. OF New-York. opened the
.rgument for Neely. He declared that there ex-
So in Cuba prior 70 American Intervention
-pha. republic. This republic. he argued. the
T-nftes States recognized on April 20. 1895. when
!, psssed 5oint resolution. signed by the Presi-
ssrt which declared that the people OF the
ISLAND OF Cuba are. and OF right ought 10 be. free
and independent" He said that the United
nuble thus recognized. but was its ally. and
fbst therefore the success Of the American army
die not mean that Cuba was conquered. but
fbst the Spanish troops were driven out OF the
tsrritory OF friendly ally. He contended, there
fore that when the Treaty OF Paris was ratified
he war ceased, and as no war had been declared
against the Cuban republic all further tustih-
cation under the war making power 10 occupy
Cuba ceased and the President should. inmedi-
stsy upon the ratification % the treaty, or with
n G reasonable time thereafter. have withdrawn
The army. He asserted. therefore, that the in
s,ltuticr and maintenance by the President OF
military government in Cuba was and is with
But authority under international law. and in
6agrant contravention OF the Constitution OF the
United States.
He further urged that such military govern
ment was unconstitutional. as IL was essentially
prosecution OF war against the Cuban republic,
and as Congress alone had the authority 10 de-
clare war against the Cuban republic the con-
trol Of Cuba by the President as Commander-in-
Chief was q virtual prosecution OF war without
the authority Of Congress. he denied that such
government could be justified under the war
power, as the war power has no existence except
when The war is authorized by Congress. and
the President could not use the National forces
for the purpose OF governing Cuba BE relied
especially on the case or eX parte Miigan. he
argued. finally. that, in any event, as the trial
"a the Cuban courts Is without a grand jury OF
q petit jury. Neely could not be tried before
them without violation OF the With. With and
With amendments 70 the Constitution.
Lindsay closed his argument, Assistant Attor-
ney-General Beck, who represents the Govern
uaent in lhe case, aid not speak to-day He eX-
poets 70 make his argument tomorrow.