The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-05-22

from the United States. The funds in
the custody OF the United States though
then property of the island of Cuba
were assumed by law to be the prop
erty of the United States. That was the
statute upon which Neely was arrested,
Mr.. Lindsey said. The penalty for the
violation of this law, he continued, was
imprisonment for from six months to
five years.
Nj. Lindsey said the proceeding pend
ing before Governor Roosevelt in the
requisition from Governor General
Wood for Neely's surrender was for the
purpose of trying him under section 401
of the penal code of Cuba That Sec
tion fixed a penalty of imprisonment
from one day to twelve years for NAL
versation. Mr.. Lindsey said he under
stood that conviction for violating this
statute carried with it provision for
shacl1ling the prisoner and confining
him in a dungeon. He argued that it
was impossible for an American citizen
to obtain a fair trial in Cuba at this
time. The fact that Neely can be tried
in the United States. he claimed, was
a complete reason why he should not be
taken to Cuba
Mr.. Lanham, a member of the com
mittee, said that it would be impossible
to identify stolen funds and. that there
fore if tried under this statute it would
be obligatory upon the United States to
prove that he embezzled the identical
funds brought to the United States.
sey. Would it not be impossible for
the United States to prove they were
the identical funds? Suppose he ernbez-
zled gold and bills were found on his
person, would not the trial be a farce?'
No SIR replied Mr.. Lindsey. 1.-The
government has arrested him on this
charge. 1t must have done so solemnly
and in good faith"
Suppose Nicely had brought no funds
here?' asked Mr.. Jenkins would we
be justified in passing this law to send
Nicely back?''
No. SIR replied Mr. Lindsey. 1--WE
would not be justified in turning an
American citizen over to Cuba"
In other words, American citizens
should be allowed to rob and loot in
Cuba to their hearts content, and go
scot free if they can reach the United
States
LAS long as the present condition pre-
vails,' replied Mr.. Lindsey. I think so.
We are today telling Cubans they can
commit any crime here and go free if
they can reach Cuba" In his brief Mr..
Lindsey advanced the following general
propositions:
lin the absence of a treaty stipula-
ton or congressional legislation there is
no authority in the United States gov
ernment to extradite a fugitive from
foreign justice.
2.-The Cubans are a free and indie
! pendent people and the island of Cuba
is as much foreign territory as France
or England or any OIner Independent
sovereignty.
3.-No nation should authorize by
treaty or legislation any form of extra
dition to a place where the laws and
/ judicial methods are abhorrent to its
/ ideas of right and justice.
4.-These conditions ought always tc
/ be applied where the question of ex-
/ tradition by a nation of its own citizens
/ is under consideration.
5.@The United States in common with
/ other nations has of recent years ex-
empted citizens from the operation ot
eXtradition treaties with nations admin
| istering efficient systems of laws.
6.-The policy OF the United States has
/ always been to refuse to- extradite
/ American citizens to Spain or to places
T administering the Spanish system OF
/ law.