The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-05-29
On the Ground that Until Cuba Is In
dependent the United States VIII
BE Present i'm the Island.
NO ACTION IN NEELY CASE
FEDERAL AUTHORITIES WAITING ON
GOVERNOR ROOSEVELT.
How Director of Posts Rathbone Ii
Alleged to Have Wasted the
Revenues of Cuba.

WASHINGTON, May Ex-senator Fair
banks, from the committee on judiciary,
to-day reported substitute for the House
extradition bill. 1t is, In chief part, as fol-
lows:
That any fugitive from justice who is
now, or may hereafter be, charged with
or convicted of the commission of any of
the offenses hereinafter specified against
the criminal laws In force in the Island of
Cuba, who may be found within any State
of the United States or in any Territory
or the District Of Columbia, shall be liable
to arrest and detention on written requisi-
ton of the military governor or other gov
erning authority of Cuba, he shall be sur
rendered to the authorities in Cuba for trial
under such laws. All the provisions of
Sections 500 to 5277 of the Revised Stat
utes of the United States, inclusive, so far
as applicable, shall govern the proceedings
authorized by this act. Such accused per-
son shall be taken before judge of the
Circuit or District Court of the United
States in the district In which he is ar
rested, who shall order his return and sur
render on evidence establishing probable
cause that he is guilty of the offense
charged, and thereupon he shall be re-
turned and surrendered to the authorities
of Cuba on the order Of the secretary of
state of the United States: Provided. That
such return and surrender shall not be
made of persons charged with the commits
sion of offenses of political nature, and
provided. further, that before making such
order of surrender and return the Judge
shall be satisfied that proper provision ex-
lists for securing to the accused a speedy
and fair trial for such offense before
judicial tribunal, where he will be informed
of the nature and cause of the accusation,
and be confronted with the witnesses
against him and have compulsory process
for obtaining witnesses in his favor and
have the assistance of counsel for his de-
fense.
The bill then enumerates the extraditable
offenses, all of the serious crimes against
life, persons. property and government be-
ing included. The act is to remain in force
only so long as the United States shall
govern the Island of Cuba
With the bill was presented a written re-
port. After quoting the first article OF the
Paris treaty the committee says: "It is in
cumbent upon the United States under this
erty in the Island of Cuba while in control
thereof, and to that end she must aid in
making effective the administration Of Jus
tice therein. II crimes are committed and
those who commit them seek asylum in
the United States they must be returned
to the authorities to be dealt with under
the laws there in force or both life and
property in the island will be insecure.
"Our fiduciary relations to Cuba" the
report continues, "are of such singular
and exalted character that we should be
quick to provide all necessary means for
making effective the laws which are oper-
ative in the island"
The report opposes any legislation for
the trial Of Cuban wrong-doers in the
United States on the ground that Cuba is
foreign country, and also on the question
of policy. Uncertainty and distrust," 1t
is said, would naturally arise in the
minds of the Cubans as to the purpose and
the end to be accomplished. The people of
Cuba should be permitted to see justice
administered in their own courts"
On the international question involved
the report says: 'In a technical legal sense
the United States and Cuba are foreign to
each other, but for the time being, and,
until the existing trust relations cease, on
the absolute surrender Of Cuba to the con-
troll of it's own independent government.
the power of the United States is present in
the island. The Governor of Cuba is a
governor under the military power of the
United States, and the extradition Of fugi-
tives from justice to Cuba may be author
lied by Congress without regard to the
rule of reciprocity and without violating
any OF the wholesome provisions or limi-
tations Of international law"