New-York tribune., 1900-05-23
NEELY'S COUNSEL HEARD
Mr.. LINDSAY ARGUES AGAINST PROPOSED
EXTRADITION LEGISLATION.

Washington, May % (speciaD-Before the Judi
ciary Committee took action to-day John d. Lind
say. of New-York, Neely's counsel, appeared and
made an oral argument and submitted an elaborate
printed brief in opposition the enactment of the
proposed any other legislation the effect of
which would be 70 impair his clients chances of
escaping punishment for his offence. The members
Of the committee irrespective Of party. were not
in any mood to consider f8voraby or with too
much patience. suggested techncalities however
ably plausibly argued. looking to that end and
Mr.. Lindsay made aware of the fact by the
questions put to him.
He contended that Neely could tried only in the
United States and only the charge of violating
a law making it felony 10 bring into the United
: States money embezzled from the United States
The funds in the custody of the United States
though the property of the island of Cuba were
assumed by law to be the property of the United
States.
That was the statute on which Neely was ar
rested Mr.. Lindsay said. The penalty for the
violation of this law. he continued imprison-
ment for from six months TO five years. Mr.. Lind
say asserted that the proceedings pending befor.
Governor Roosevelt on the requisition from Gov
ernor- General Wood for Neely's surrender was for
the purpose of trying him under Section 40l of tho
Penal Code of Cuba. That section fixed penalty
of Imprisonment from day to twelve years for
malversation. Mr.. Lindsay snd he understood
that the conviction for violating this statute car
ried with il provision for shacking prisoner and
confning him In a dungeon. He argued that 1t
fair trial in Cuba at this time The fact that
Nicely be tried in the United States, he con-
tended. a complete reason why he should not
be taken to Cuba.
Mr.. Lanham a member of the committee said
that 1t would be almost impossible to identify
stolen funds, and therefore if tried under this
statute it would be obligatory upon the United
States to prove that he embezzed the identicai
funds brought to the United States
Certainly II would replied Mr.. Lindsay.
Would IL not be impossible for the United States
TO prove they the identical funds? Suppose
person Would not the trial be a farce?''
No. SIR replied Mr Lindsay. The Government
has arrested him this charge. 1t have
done solemnly and in good faith"
asked Mr.. jenkins. would we be justified in pass
ing this law send Neey back?"
NO sir" replied Mr.. Lindsay, we would not be
justified In turning an American citizen
Cuba"
I'm other words. American citizens should be al
lowed rob and loot In Cuba their hearts con-
tent and go scot free if they reach the United
States?"
piled Mr.. Lindsay, Il think so. We are to-day tell
ing Cuhans they can commit any crime here and
go free II they reach Cuba"
In his printed brief Mr.. Lindsay advances a num-
per OF general propositions in support OF the fol-
lowing conclusions:
The proposed legislation is without precedent in
the history of the country. 1t Is volative of the
principles which forbid unusual and extraordinary
measures. 1t Is device to able the Govern
ment to do something which otherwise would be
unlawful 1t seeks to subject citizen to pains and
liabilities to which without such legislation he
could not be subjected 1t is the expression OF the
sort or power that absolute monarchs exercise but
w1ieh Is n menace In them and intolersbe in a