New-York tribune., 1901-01-15

y with the principles ~ international lsu O Vim
that as between Spain and the United state IN
nations-Cuba upon the cessation of hostihti's WIN
Spain and after the Treaty II Paris vas 70 he
between the United States snd o'uha that ISLAND Is
erritory held IN trust for the nhahitan - Cuba
elusive control Il Will b. surrenf.ri %hSn siahie
voluntary action
POWER OF CONGRESS- DEFINED
The Cour, also outlined the power OF Congress %
lesisiate in the premises. saying
L canno, be doubted ,hat Then H. n'fl ID sa,5 s;;-
- IN sc,.rrtv In CHA and ietermined to oc-
cuyy and control the island until there was com
,' @dc ' OF 5ii CUBA haa g. crsat~G eor themssyrs
stah- corernment. II succeeded 20 me Aulh.II,
II became its duty under rrnationa law and
I, III ,,propriate legal modes The lives tine liberty
ANA Tho property Of an those who suhmii+a 10 tle
nuthoIlty Of this country The power of coi.Er+ss
10 maxi an laws necessary and proper for carry
inr INTO eKecuilon as well = IN" io".ts ,i,,",
AS al others vested in The Goverrm"nt - m
M M - - ,Ucl,I.s the r5~er 10 enact such
legislation i apIroi riatr % Civ I'm ~ @i
l,t ly ana with The advice ana consent Of me
S,rat" 20 nseri in a treaty Win a t'r.'En ! 'N,
rropriafc for th, protection az Nf' and rr"F'rN IA
t',li'a Mhile occupied ana controlled by Tile United
Stats tIa. ,.ai.laiipn securing the return - that
island he tried 10y its con-il t"i 'tt h"i 81
those Who having committed cilmtS th,i' H. a.
tais country escape arrest. trial al IamiSn,
Ne Crin. Is mentioned II me f-Ntl't''4'i''N
act - June 6. l'T'l. that does ''et nav. n hr ~
,} i,I,,, o9lcar enoroye or lopostary aceing 10
the United states Aft hE1"t ~ ~ ,,,l.r
the control Of thr United state the crm. of IN
hezz"mcrt or criminal 'rsat'n 81 ,h in is
present relation - this country
The Court declined, Justice Marian stated. 10
enter into the question rs 10 what the obligations
~ the United States would have h"en in the matter
.rfK IN
quired 10 do s. by the obligations Of IN" Treaty "t
Paris on this point the opinion says
That question Is not open on This r|c@Ta lot y.
an'in3 ton Sna Gn9i ~. We - adisc a. We
now DO that il competent for tongr'ss. iF
irsslat,o H., 20 %nf%FT ,c or flye g, M ey m tes and
Spain with respect 70 cuba and its people
R,pl,ing % another contention Of Neely's coun-
81. The opinion says:
when an American citizen commits crime in a
foreign country he cannot complain = compe.!.ri
0 submit To such modes of trial ana slch pIitl-
fnr rs own M pe,,le unless differ nj moi be pro
yidesi for hy treaty spulations between that eoun-
Try and the United States.
CUBAN REPI-B NOT .tGH" RE'OGNlZtD.
II also was argued on bohalf Of Neely that as
peace now exists in cuba. and has existed there
since ~. Spanish forces evacuated the island. III"
occupation and control Of that island under the
military authority = United States Is without
warrant in m. Constitution and = authorized
Power and that conSeQ usiltly the appellant should
not De eNtradied for trial In the courts established
under the order issued by the Military Governor
Of the island. In support of this proposition II was
that TIE Uuit.! States recognized the existence
of the Republic OF cuba and that The war with
Spain WAS carried Jointly ~ tho allied forc's
u the United states and Of that republic. Reply
Ing % This po.nr. Justice Harlan said.
Alart from No ,eg 'hat it is n@' Gon'Ge' -, f'r
United STATES in "rd"r T. Ell, = IL Ia..1eatt'I;
il being the function ~ tn political irt"'H ~ i,
shan ccase ana therefore wi..n IN, TROOPS ~ The
United states SHAH 1e wiih!r !ra"n from -. I'D"
existence of an established government known -
farv ~ .x.lItive rower 10 Ii~uIar, ,r overthrow
IS without merit. The Declaration of DongCe--
rhat The people ~er" and - 'sht ought - h. iI"r
and independent was not infe.d 49, r..os H.,
- m 'NiSt''' - fn "Itt,.lz' pa" ~ ~. ..
the -.vfrnna a't maintained hy Spiin Not.ae n%r"
thsn. W..r- ,.rtitr.-l =, enjoy - r!~e The l.r-
ta.@ of fha President In his Nl.ssi,. ~ ~mt..r
70 I.,n ,he nnsn, q ~. oxha;~'le,,s tre-,'T~ Of
ecu,i,e branches q tho Goyernmrnt concrIrvi in
erllmert the K'pGbi.c Of 'lia. j Is ~ ti1i
o,ficers %as accepted b, the military authorities
oi The Tnited states in Is snor's 70 overthrow
ianin ginning to thc i' Ind Of th war th supreme a,h"r
waters against spain was with the United states.
ana those operations were not in sense under
tho control nr direction of the troops comma ani"d
by Cuban officers
The final CONCLUSION Of tie Court VS. announced
follows.
Ne are of opinion. for the reasons stated. that
the act of June g. l@s, iS not IL violation of the
Constitution - the United States and that this
cas-, comes within tn" provision Of that act The
Co'lrt below having found that thrr- was probable
caus,. 20 heli-ve the ai9clsn guilty u the Of
fence charged the order FOR his "Htraciilon was
~ oY.r. and ground existed for his iiSraTse On
hal,eas corpus The JIds Of the Circuit court
g. r..s., ffrrf,. g