The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-12-09
Contention VIII BE Made that Amer
lean Troops Are Unlawfully
in Occupation of Cuba.
MUCH DEPENDS ON RULING
ALL ACTS OF THE MILITARY IN
CUBA SINCE APRIL IL. 1899.
Would BE Invalidated If the Court
Counsel-NOtes Of Indianians.

Special TO the Indianapolis journal.
WASHINGTON, Dec. S.-The first Of the
cases involving the constitutional relations
between the United States and our new ter
ritorial acquisitions will come up for argu-
ment in the Supreme Court next Monday
morning. The case in question is the Neely
case, growing out of the Cuban postal
frauds. and the. court has especially as
signed it for argument on Monday in order
that full bench may consider the matter.
While this case is important in view OF
the fact that it involves novel questions
as to the right to extradite an American
citizen, and while it has attracted general
attention because of the character of Nee
ly's alleged crime. it has gained additional
Importance because of the character of the
legal contention now urged by Neely's
counsel in behalf Of his release. Neely's
counsel, Delaney Nicol and John d. Lind
say. of the New York bar. will contend that
Neely cannot be extradited to Cuba for the
reason that this government. since the
treaty of Paris. has no right to occupy
Cuba or to govern it, and that the present
military government in Cuba is uncon-
stitutional. They contend that this
country. by the joint resolution of
April 90 1898, which preceded the Spanish
American war. recognized the existence OF
the Cuban republic as an independent
power. and that when the treaty OF Peris
was ratined on April IL, 1889. the war
ceased, and with it any further right of
this government to occupy Cuba under
the law of belligerent rights. Counsel for
that ha
courts in Cuba, which have indicted Neelv,
and before which the government seeks
to try him for his embezzlement of the
postal funds in Cuba, existed by the suf-
ferance of the American military COVER
nor, and as such government is, as they
contend, unconstitutional, there is no pow
er to extradite Neely for trial; which is un-
constitutional
This question as to the rightfulness of
the present occupation of Cuba by the
President, and the question whether there
can be any extradition in the absence of
a treaty, give to this case unusual interest
and Importance. Incidentally Neely's coun-
sci will contend that as the Cuban criminal
code does not provide for preliminary
finding by grand jury. or for trial by
jury. an American citizen cannot be tried
I'm the absence of such method of trial be-
fore Cuban criminal courts, and that he
is protected by the provisions IN the bill
of rights, which guarantee trial by jury.
Ii is understood that counsel for the gov
ernment will argue against these PROPOSE
tons on the ground that the government.
under the treaty of Paris, has a right to
occupy Cuba until ii can relinQuish its
control to the new government now in
process of formation; that the right .c
extradite is inherent attribute of SOW
ereignty and existence. independent of
treaty stipulation, and that the constitu-
tional guarantees in the bill of rights do
not extend to trials in the courts of other
countries or in the courts of the States,
but that such guarantees are exclusively
applicable in the courts of the. United
States. as created by the Constitution and
recognized by congressional legislation
John D. Lindsay or Delaney Nicoll will
open the argument for Nicely, and the
argument for the government has been as
signed to Assistant Attorney General
James NJ Beck, OF Philadelphia.
Xxx
Representative Overstreet has introduced
in the House the bill declaring the ST
Joseph river in Elkhart and st. Joseph
counties non-navigable. that Senator Fair
banks introduced In the Senate
XXX
Representative Bull. of Rhode Island. has
introduced bill to revive the grade of
unfortunate quarrel between Admirals
Schley and Sampson, or rather between
their respective champions. there is no
chance for the enactment of this bill into
law. Senator Chandler a couple of years
ago proposed the creation of two vice ad-
mirals, but IL was not done In conse-
quence very few naval officers have re-
eeived any special reward for their serv-
ices in the Spanish war.
Representative Miers to-day introduced
a bill increasing the pension of Thomas f.
Townsend of Company b. Thirty-first In
diana, to s72 monthly and OF Capt Alex
ander c. Scott. Company III. Eighty-first
Indiana, to $50 monthly.
j.. p. Goodrich, of Winchester. arrived in
He was the guest at lunch of Representa-
tives Cromer and Watson.
Joel p Cloud, of indianapolis, and H p
Hancock, of Hammond. have been ap-
pointed assistant meat inspectors In the
Bureau of Animal Industry, Department of
Agriculture.
Former President and Mrs. Harrison will
leave. early next week. for the West. Mrs
Harrison returning directly to Indianapolis,
while General Harrison will go TO Michi-
gan on business engagement. Mrs.
Ulysses 8. Grant viii give luncheon in
Mrs. Harrisons honor. on Monday next
Monday evening, Judge Harlan. Of the Su-