The Saint Paul globe., 1900-05-18
HE CANNOT Be EXTRADITED
THAT is THE EXPRESSED OPINION
OF SENATOR DAVIS, OF
MINNESOTA
GIVEN IN ANOTHER CASE
At That Time Mr. Davis Declared
Cuba Was Foreign Territory,
Despite American Mill
tary Occupation.

WASHINGTON, May 17-Congressmen
must come to the aid of the administra-
ton in bringing c. H. 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 Ioophole 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,
chairman of the similar committee of the
house, a copy of a bill drawn especially
to meet the present situation. He ac-
companied the bill with a strong letter,
pointing out the necessity for It's prompt
passage. He expressed 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
United States has treaties of extradition
shall apply to the extradition of fugitives
from justice from Cuba while the gov
ernment of that island is exercised under
the authority Of the United States This
section is directed to the Neely case. The
second section is to guard against future
troubles in the possessions over which the
United States has unquestloned control
1t provides 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 ME at,
torney general last night '4s not in the
nature of a confession l believe we al
ready have sufficient authority to ex-
tradite Neeiy, but I do not want to leavs
the question in doubt. want to avoid
the delay which will be unavoidable ii
a writ of habeas corpus is sued out, for Il
would take some time to secure de-
cision and then there will be an appeal
by the side against which the decision
may be rendered. BY this law, which I
have asked congress to enact, we will
make assurance doubly sure"
While the attorney general is confident
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 OPINION.
Senator Davis, the chairman of the
committee on foreign relations, is among
those who Relieve that there is no au-
thority at the present time for extradit-
ing Nicely. His views upon this point
were set forth with deliberation in
lecture which he delivered some me ago
to the faculty and students of the Uni
versity OF Minnesota His utterance, al
though not made with any reference to
the Neely case, bears directly upon it.
at is due to the present state of the
authorities and law upon this subject to
state, as a general proposition, that no
state and especially not the United
States iS bound to deliver up such
fugitive from another state in the alb
sence of treaty binding 1t to do so. L can
go further and say that in the United
States it would be unlawful for the ex-
ecvtive department to attempt to do so;
it would have no law to warrant 1t.
AS a proposition of international
law. 1t can be stated that the United
States in the absence of treaty obliga-
tion is not only not bound to but has
no authority to extradite any crimina1
fleeirg to its shores.
Senator Davis said yesterday that mil
itary 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 sucn
circumstance as the Neely case would
arise he endeavored, while in Paris ne
gotiating the treaty of peace, to secure
the insertion of a clause Wh ch Woulu
provide extradition, but the Spanish COM
missioners declined to accept IT,