The Savannah morning news. (Savannah, Ga.) 1900-current, 1900-12-11
OUR RIGHT IN CUBA
fuPoRTANT QUESTION INVOLVED
N THE NEELY CASE.
REPUBLIC WAS RECOGNIZED.
UE HAVE No ENTRADITION
TREATY WITH THE ISLAND.

n~asons Presented to the supreme
court Against the Return OF Neely
There for TrinI-It IL Argued That
tuited states Troops Have No
utuht IN the ISIand-Lack of Grand
Jur, In cuban Courts HeIi To lie
InronstttutionaI.
washington. Dec. l0-The Ncely extra
.tton case was argued to-day Ia the SUI
c-sne Cours. All the judges were pres
alL
The argument developed interesting and
..,a1rtant questions Of law with reference
,ae right Of the United States TO eX-
,-5.te "A fugitive criminal in the absence
~ An extradition treaty. and especially
v,a reference 20 the right of tine Prcsi-
.srt since the ratification OF the treaty OF
i.r.- a. maintain military form Of gov
e-amer, In the Island Of cuba
Tho latter feature OF the argument made
+ ,5e nrst Of the arguments which bring
a., for hnnl decision by the supreme
curt the constitutional relations between
his country ami the territorial acquisi-
,ors which It has gained as "a result Of
t.e spanish-Amcricau War. Tho Neely
.,se referred exclusively to the character
~ these relations so FAR as the Island Of
eaba was concerned. and thus presented
aa independent qustion from that which
v.n he argued on Dec. Il. when the char
ar..r az these relatioEs with Porto Rico
and the Philippines viii be under con-
slsrauon.
1s1n % Lindsay of the New York bar.
oasred the argument for Neely. He claim
II that there existed IN Cuba prior 60 our
..sryeution cuban republic. This re-
.a..e he argued. tho United States rec
..r.z.i ON April 90. isss. when IL passed
O. .a.rt resolution signed by the President
va.ch declared that the people OF the
Island of cuba arr. and % right ought to
a. ,r,e and independent
We Have No Hight In Cuba.
do contended that when the treaty Of
Paris was ratified the war ceased. and as
e. war had been declared against the Gu
taa republic an further justification
under the war making power TO occupy
Ca5a ceased, and the President should,
Immediately upon the RATIFICATION Of the
treaty. OF within reasonable time there
afa- have Withdrawn the army He
claimed therefore, that the institution
ana maintenance by the President Of a
military government in cuba was. and IS
without authority under international Law,
ard s nlerant coutravcution az the con
erfulan % the United states.
Do further argued that such military
government was unconstitutional. as IL
vas essentially a prosecution OF the war
against the cuban republic and az Con
Eress alone had the authority 90 declare
uar against the Cuban republic, the cone
troll of Cuba by the President as COM
mandcr-in-chicf was virtual prosecution
~ war without the authority OF Congress.
He denied that such government could he
iIaided under the war power as the war
power has no existence except in time of
war when the war is authorized boy Con-
c-ess. and that the President could not
use ,he national forces for the purpose
~ governing cuba. He relied especially
upon the cx parte case Of Miligan
Hc argued finally that IN any event,
ns the trial IN the cuban courts IS with
oYt O grand jury. Necly coHld not be
tried before them without violation OF the
sixth seventh. and eighth amendments
n thc constitution.
Assistant Attorney General James Beck
VIII reply tomorrow on behalf Of the gov
eminent