The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-01-15
FEDERAL SUPREME COURTS DE-
CLSION IN THE CASE OF
NEELY
HIS EXTRADITIoN IS ORDERED
THE ACT OF JUNE 9, 1000, is HELD
TO BE CONSTITU-
TIONAL
THE DECISION WAS UNANIMOUS
Evidently the Opinion of the Court
That the Promise of Independ-
ence for Cuba Meant
What 1t Said.

WASHINGTON, Jan. 1.-THE United
States supreme court today announced
its decision in the case of C. F. W.
Nicely, charged with embezzlement Of
the public funds while acting as finan-
claI agent of the department of posts
OF that island, holding that Nelly Is
subject to eXtradition.
Justice Harlan handed down the court q
opinion, which was unanimous. and i'm
mediately after the opinion was con-
cluded an order was issued requiring
that the mandate in the case be issued
at once
The opinion embraced a compete re-
view of the case, explaining Neelys
crime and arrest and his effort to pre-
vent eXtradition to Cuba. The opinion
also detailed the laws relating to ex-
tradition, and quotes the act of June 6,
1900, extending the provisions of section
$40 of the Revised Statutes to any for
eign country which is occupied by OF
under the control of the United States"
so as to make the law cover crimes in
such countries
The circuit court for the Southern dis
trict of New York, to which an appli-
cation for a writ of habeas corpus has
been made, had rendered a decision adj
verse to Neely's claims
Justice Harlan said he had then ap-
pealed to this court, on the ground that
the act of June 6, 1900, was unconstitu-
tional.
Entering then upon his reasoning on
the case, Justice Harlan said that there
was no dispute that on the Gin of June.
1900, when the act under which this
proceeding is brought bec3me law,
Cuba was under the control of S1e Unit
ed States, land occupied by this govern
ment.
This court" he said, will take judi
cial notice that such were, at the date
named, and are now, the relations be-
tween this country and Cd:0a. So that
the applica bility of the above act to
the present case-and this is the first
question to be acknowledgements upon
the inquiry whether, within its meaning,
Cuba is to be deemed =5reign country
or territory"
Continuing, he said:
OBJECT OF THE VAR.
1--WE do not think this question at all
difficult of solution if regard be had to
the avowed objects intended to be ac-
compfished by the war with Spain and
by the military occupation of that ISL
and
Justice Harlan then reviewed the leg
islation preceding the war with Spain,
quoting the joint resolution of April 20,
1885, and the declaration of war which
followed on the 25th of the same month.
The protocol between the United States
and Spain and the Paris treaty were
reviewed for the purpose of showing
not only the relation of the United States
to Cuba, but Spain's REIMBURSEMENT of
sovereignty over the island Notice was
taken of the establishment of military
government over Cuba and Gov Brooke's
proclamation Of Jan. 1, 1899, was quoted
The justice then referred to she govern
or'S establishment of various depart
ments in order to promote the civil gov
crnment of the island. He also called
attention to the PRONUNCIATION of the
postal CODE superseding all other CUBAN
laws relating to postal affairs, and re-
lated that on the 18th OF June last Gov.
Wood had made his requisition upon the
president for Nicely.
Announcing the courts conclusions on
the status of Cuba, Justice Harlan said:
FOREIGN TERRITORY.
The facts above detailed make it clear
that Cuba is foreign tie ritory within The
meaning of the act of June 6, 1907. It
cannot be regarde d in any COAST Gtional,
legal or international sense a part Of the
territory of the United States. While by
the act Of April 25, 1858, declared war BE-
tween this country and Spain, the prest-
dent was directed and empowered to 20
our entire land and naval forces as vel
as the militia of the several states to
such an extent as was necessary to car
~ the act into effect, that auth riz1tion
was not for the purpose Of maxinS c. ba
an integral part of the United States. but
for the purpose only Of compelling the
REIMBURSEMENT by Spain of it's authority
and government in that island ard the
withdrawal of its forces from Cuba ana
Cuban waters. The legislative ard exec.
utive branches of the government by the
Joint resolution of April %, 1898, express y
1;c-n 1ai a+r-a nv
ereigntY. Jurisdiction or control over
Cuba except for the pacifcation there
Of and asserted the determine ton of the
United States that object being &C COM
plished, to leave the government and con-
troll of Cuba to its own people. All that
has been done in relation t. Cuba has
had that in view, ard 50 far as the court
is informed by the pubic history Of to
relations Of hts country, with that island,
nothing has been done inconsi tent wi h
the declared object Of the war with
Spain.
Cuba is none the less foreign territory
within the meaning Of the act OF con-
gress because it Is under a military gov
ernor appointed by and representing tie
president in the work OF assi ting the IN
habitants of that island to establish a
government of their own under which, as
q free and independent people. they NAV
control their own affairs without inter-
ference by other nations. The occupancy
of the island by troops of the United
States was the necessary result of the
war That result could not have baen
avoided by the Unit d States consistent
~ with the principles of international
law or with its obligations to the PEOPLE
of Cuba. 1t is true that as between
Spain and the United States, indeed. as
between the United States and al for
eign nations, Cuba upon the cessation OF
hostilities with Spain. and after the
treaty of Paris, was to be treated as if
it were conquered territory. But, as be-
tween the United States and Cuba, that
island is territory held in trust for ire
Of Cuba to whom it right 'ully
belongs. and to whose exclusive coatroI
it will ha surrendered when a stable gov
eminent shall have been establis he'd by
their voluntary action. a"
POWER OF CONGRESS.
The court also outlined the power Of
to legislate in the premises, say
ing:
at cannot be doubted that when the
United States required and forced the
by Spain of her sovereign
ty in Cuba and determined to occupy
and control the island until there vas
complete tranquility in all its borders,
and until the people of Cuba had created
for stable