The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-01-16
NELLY GOES BACK.


The decision of the supreme court grant
ing the extradition of Nicely will give
general satisfaction. The conviction and
punishment of this man is neces sary to
the maintenance of the good name Of the
United States. The robberies with which
he is charged were not only crimes
against the Cuban people and their in
terests but against the honor of the
he and his accomplices been allowed to
escape UNPUBLISHED the results on the fu-
ture of our administration of the new ISL
and territory would be hurtful in a degree
in the inducement it might offer to 9th
ers of the Nicely type to engage in I'M
dertakings of public plumber.
An examination of the text of the de-
cision, SO far as it is published in the
press reports, does not reveal anything
on which might be predicated an opinion
great question now before it in the Porto
Rico and Philippine cases. So far as the
language of the opinion of the court
shows any bias in favor of either of the
opposing views the circumstances must
be taken as having no significance what
ever aside from the prepossessions of
Justice Harlan, who wrote that opinion.
The greatest significance which can be
attached to the decision in this Gaze,
aside from its immediate purport. is
found in the unqualified acceptance by
the court of the language of the con-
current resolution of Congress in its
broadcast intent. The following language.
taken from the opinion of the court.
shows what Importance the supreme
court attaches to that concurrent res5lu-
ton:
The legislative and executive branches
OF lhe government by the Joint resou-
uoh oil April 20, 1898, expressly dIsciaim,4i7
any purpose TO exercise sovereierrfy in
[lsdiGtlon or control over Cuba .eXcent
t .9r the paciHcation thereof and asserted
ne GGtei mutation OF the United States
lEat object being accomplished. TO leave
me government and control of Cuba 10
us own people. All that has been nome
IN relation to Cuba has had tnat in ia.
ana SO lar as the court is inforn,nd b,,
the pubic history of the relations 1f III,
country with that island. nothing has
o 60 uolie inconsistent with the declared
OoJect ct The War with SPAIN
And again:
,b 1T It's is true that as between Spain and
ne Cnlleu States, indeed as between the
IhiJet states and all foreign ;:atjons
cuba. upon the cessation of b0sIiiitiaS
WIN SPAN, and after the treaty Of rar;s
was TO be treated as if 1t We're cOrorerad
territory. But, as between the IJn1tEd
states and Cuba, that island is TERTIARY
held IN trust for the inhabitants Of Cuba
Wbo M1iolLr II TlShtIu+ly belongs and to
MnGse exclusive control it will be sur
4ehueTed when a stable government ,sl1oIl
action '101i NCluIIdty
The politieaLopportunists who have been
seeking an avenue of escape for the ad-
ministration from the situation Tins ora
ated by tie action of congress will find
in this language much to distress them
But the moral sense of the country will
uphold it. Coming from the pen of Jus-
uee Harlan, who has made his pre5i-
lections in certain directions manifest
more than once in the language of his
opinions. it is exceptionally forcefuI. IF
is in the nature OF warning to some ex-
tent that those who seek to tricl, the
Cuban people into surrendering the ma
uonal sovereignty which came to them
with tie cessation of the war with Spain
viii have to deal with the supreme
court as well as with the political forces
o. the Cuban people, before their purpose
can be successfully accomplished.
Whatever may be the indirect results
OF this important decision, it is earnest
ly to be hoped that the work of the
prosecution of Nicely Will be actively
pursued and that he will speedily find
MS way inside a1convict's suit in a Gu
ban prison.