The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-05-18
NEW LAW Is NEEDED.
Attorney General Wants n Statute to
Fit the Nicely Case.

WASHINGTON. May 1.-THE Post to-
morrow will say: Congress must come to
the aid of the administration in bringing
c. F. w. Neely. the Cuban defaulter, to
justice. A new law must be enacted. and
enacted at once, which will tighten the
governments hold upon him. Every loop
hole of escape must be closed
Attorney General Griggs has already
made his appeal to Congress. Yesterday
afternoon he forwarded to Senator Hoar,
chairman of the Senate committee on the
judiciary. and to Congressman Ray. chair
man Of the similar committee Of the House.
a copy of bill drawn especially to meet
the present situation He accompanied the
bill with strong letter. pointing out the
necessity for its prompt passage. He ex-
presses the hope that the measure may be
passed without delay. The bill is in two
sections. The first provides that the
statutes of the United States relative to
extradition between the United States and
countries with which the United States
has treaties Of extradition shall apply to
the extradition of fugitives from justice
from Cuba while the government of that
island Is exercised under the authority of
the Unired- States. This section is directed
at the Neely case. The second section is to
guard against future troubles in the posses
sions over which the United States has un-
questioned control 1t provides that the
domestic extradition now in force between
the various States shall be extended to the
Philippines, Guam, Hawaii and Porto Rico.
This proposed legislation said the at
torney general last night, is not in the
M ft1ra 0f eli 4 holt nj
ready have sufficient authority to extradite
Neely. but don't want to leave the ques-
ton in doubt. 1 want to avoid the delay
which will be unavoidable If a writ of
habeas corpus is sued out, for it would
take some time TO secure a decision, and
then there will be an appeal by the side
against which the decision may be rem
dered. BY this law which I have asked
Congress to enact we will make assurance
doubly sure
while the attorney general is thus conf
dent that Neely could be extradited under
present laws his confidence is not shared
by some leading international lawyers who
have examined into the case. Senator
Davis. the chairman of the committee on
foreign relations, Is among those who be-
lieve that there is no authority at the pres
ent time for extraditing Neely. His views
on this point were set forth with delibera-
ton in lecture which he delivered some
time ago to the faculty and students of
the University of Minnesota. His utter
ance, although not made with any refer
ence to the Neely case. bears directly upon
it: 1T is due to the present state of au-
thorities and law upon this subject to state
as general proposition that no State, and
especially the United States, Is bound to
deliver up such fugitive from another
State in the absence of treaty binding 1t
to do so. 1 can go further and say that in
the United States it would be unlawful
for the executive department to attempt
to do so: it would have no law to warrant
1t. AS proposition of interna-
tional law IL can be stated that the United
States in the absence of treaty obligation
Is not only not bound to but has no author
shores
Senator Davis said yesterday that mill
tary occupation of Cuba by the United
States did not interfere In the least with
the principle thus announced. Cuba he
said. was foreign territory and there was
no extradition treaty with it. In fact, he
said, foreseeing that some such circum-
endeavored while in Paris negotiating the
treaty of peace to secure the insertion of
clause which would provide extradition.
but the Spanish commissioners declined to
accept it."