The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-05-19
LEGISLATION URGED.
Text Of the Attorney Generals Letter
and Copy OF a Bill.

and Copy OF a Bill.
WASHINGTON, May 1s-In accordance
with the request OF Attorney General
Griggs the judiciary committee of the
House to-day considered means of dealing
with the Nicely case and like offenses aris-
ing in Cuba. The need Of action was ex-
planned by the attorney general in a letter
to Chairman Ray, of the committee, in
which he said:
Recent offenses Of a criminal nature
committed by an employee Of the postal
service in Cuba. who has fed from justice
States, make 1t my duty to call your at
tention to the fact that the application of
the present extradition laws of the United
States to such cases Is In a condition Of
doubt and uncertainty which make IL en-
barrassing for the Department Of Justice
to secure the prompt return of such Offend
ers to the jurisdiction in which. the crime
is committed and in which they should be
tried. IT Is obvious that the laws of the
United States ought to provide a sure and
speedy return of fugitives from justice who
flee from Cuba and seek refuge in the
United States. have drafted an act which
matters sure and certain. and I respectfully
ask that 1t be considered by your commit
tee. and, II found expedient. that 1t be
passed as speedily as possible"
a
act for extradition and rendition in certain
cases." and provides:
Section /. That Sections $40, 527, 5272,
5273 and STA Of the Revised Statutes and
all other statutes of the United States con-
corning extradition to foreign countries, in
pursuance of treaties. shall apply to and
govern extradition to the island of Cuba
while occupied by the United States and
during the continuance Of the government
established and maintained In said island
by the United States In the same manner
and to the same effect as though Cuba
were country with which treaty existed.
STIMULATING and providing for extradition
in the case of all felonies and other crimes,
past and future. against the penal code or
the laws In force on the island of Cuba
and in the same manner as II the Governor
or other chief off1cer of Cuba were the head
Of an independent government thereof.
Sec. 2 That every person who know
ingly and willfully obstructs, resists or OPP
poses any agent. person or officer who has
OF the foregoing section, In the execution Of
his duties. or who rescues or attempts to
rescue such person while In custody as
aforesaid, shall be punished by fine OF not
more than $1,000 and by imprisonment for
not more than one year."
A third section applies to Sections 527s
and 5279 of the Revised Statutes, and re-
lates to return of fugitives from States and
Territories and the islands In the possession
Of the United States under the treaty OF
Paris.
Inc discussion DcIOre the committee look
a wide range. covering the status of eight
officials, who are performing civil functions
while the island Is under military control.
Some Of the members regarded this mill
tary authority as so complete that 1t COW
cred the cases of Nicely and others and
would permit the military branch TO take
Nicely In this country and return him to
Cuba. The view was general that the
situation In Cuba was most extraordinary
and complicated. as Spain had relinquished
sovereignty the United States had not as
sumed sovereignty and Cuba had not or
ganized a sovereign government.
]. G.. Ray, the chairman laid before the
committee brief bill he had drawn, hav-
Ing but one section. and providing for the
surrender Of offending officials OF Cuba
when fleeing into the United States. This.
and the attorney generals bill were con-
sidered at length. 1t was finally deter
mined that the questions involved were OF
such a far reaching Importance, touching
our authority In Cuba that IL was decided
TO secure cooperation with the Senate and
the executive branch OF the government
and subcommittee was appointed, consist
ing Of Representatives Day, OF New York;
Jenkins. OF Wisconsin, Littlefeld. OF Maine:
De Almond. of Missouri. and Clayton, OF
Alabama, TO confer with other branches
and report on the whole subject next
Tuesday.
The insular committee also considered
other phases OF the Nicely and like cases.
The resolution Of Representative Hay. OF
Virginia. calling for information as TO
whether Director OF Posts Rathbone had
reported the Cuban postal accounts all
right went to = subcommittee. consist