The evening times. [volume] (Washington, D.C.) 1895-1902, 1900-12-10
NEHLY CASE ON HEARING
constitutional Questions Argued in
the Supreme Court.
His Counsel Contends That His Ex-
tradition Would he UnconxtItu-
fieHaI. Congress Having ReeosHiz-
ed Cuba as a Foreign Country.
Decisions sn Important Causes

The famous Nicely case, involving the
constitutional relations between the United
States and Cuba. came UP for argument in
the Supreme Court of the United States
this afternoon. John D. Lindsay, Of New
York, appeared for NeeIy, and made sEe
opening argument
Charles F W NeeIy. the appellant, was
indicted in Havana OF the 18th OF May
last, on the charge OF embezzIing certain
funds Of the Postofiee Department. He
was arrested in New York on a warrant
issued by Judge E Henry Larcome. and
turned over 10 United States Marshal
Henkie of the Southern district Of NeR
York. for extradition to Cuba. Neely's
lawyers sued out q writ OF hsbess corpus
which was denied by Judge Lsrcome- An
appeal was taken 20 the Supreme Court Oh
the ground that the act OF June 8, 1900.
under which extradition papers we're
granted, was unconstitutional
Attorney Lindsay, IN his argument this
afternoon, vent exhaustiEeiy into the qUes-
tions growing out OF the Spanish war. and
coateaded that Congress had recognized
Cuba as a foreign country and that it was
unconstitutional extradite Neely foI
trial before court Risii,Ss IS constitutional.
Justice Peckhsm also announced the
opinion and judgment of the court in tbs
case of Jacob T. Jacobson rs. he
Wisconsin and Wilmer and Sioux Falls,
Mimi, and Pacific Railroad Companies
from the Supreme Court OF siinDesotE.
The two roads cross at Hsnley Falls, and
Jacobson sued to compel them to con
struct a ssY5' connecting the two roads
so as 70 permit OF an interchange Of
traffic From Haniey Falls to Sioux City
by the Wilmer liRs 1t is ISL miles, and
By the Minnesota, Wisconsin and Pacific
It is $50 miles. To conserve public IL
ferests and convenience the Supreme
Court OF Minnesota ordered the -
track TO be put in and the SupreEne
Eouet OF the United States affirmed its
Judgment il the case+.'Jhe provision,
The court saying, is q nanifestly reason
able one tending directly to the accom-
modation Of the public and il q manner
not substantially or unreasousbly detri-
mental 10 the ultimate interests OF the
corporations themselves"
From this judgment, Justice White, for
himself and Justice McKeans entered q
vigorous dissent The decision, # 5d-
bered to, meant taking Of private prop
ertE for the benefit of the public or OF
rival corporation without compensation,
menaeiIg the perPetuity and impartial ad-
Hiaistratiou Of justice
Mr. Justice Harlan announced the deei-
sien OF the court in the complicated ease
04 the ChoCIaN ana C6lckaSaW indians
and the Wichita Indians and affiliated
tribes, involving the title 70 about
7.599. .e0e acres OF land known as ..the
leased district, and forming -Fart OF
the Wichita Reservation
The lands n question are situated be-
tweea the Red River OF Texas and The
Canadian River on the north and south.
ard the 9Stn and I0eth meridian OF Io1gi-
tt9de east and west. The indians eeded
the whole territory 10 the United States
in 1855, and later set up the claim that
they were entitled to the proceeds OF that
part Of the lands not required to give the
Wichitas. who number 1.059 each $50 acres
in seyeraity.
This claim. the Court OF Claims allowed
finding that the United States heId the
land in trust for the Indians and that VIXEN
they ceased to he the homes Of the red
men the proceeds OF their sales should go
to them There were two sets Of claim
ants-the Chocfaws and Chickssaws and
the Wichita and affiliated hands ef Indians
Justice Harlan made en- interesting re-
view OF the history Of the tract. from the
date Of the first treaty OF 1918, including
that from 1855 to 1855 the United States
was lessee in trust of the Choctaws and
Chickasaws for the benefit Of the Wicfi-
tas and affiliated bands.