The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1901-01-25
CUBA IS FOREIGN LAND.
The United States Supreme Court
Holds the Island Is Not
American Territory.
NEELY IS SUBJECT TO EXTRACTION.
The Alleged Embezzler Will BE Re-
turned for Trial-The Full Bench
Is Agreed Justice Harlan An
nounces the Conclusions Found by
the Court.

Washington, Jan. 15.-Ihe United
States supreme court Monday rendered
a decision in the Nicely eXtradition case.
The court held that Nicely was subject
to extradition and must be surrendered
to the Cuban authorities.
The court held that Cuba is foreign
territory. our only purpose in the war
with Spain being to free the Cubans
from Spanish domination. The decision
was based upon the act of June g. 1890,
which act was held to be constitutional.
Justice Harlan handed down the
courts opinion. which was unani-
nous, and Immediately after the opin-
ion was concluded an order was issued
requiring that the mandate in the case
be issued at once.
Is Foreign Territory.
Announcing the courts conclusion on
the status of Cuba Justice Harlan said:
1.-The facts detailed make it clear that
Cuba is foreign territory within the
meaning of the act of June 6, 1900 1t
cannot be regarded in any constitutional,
legal or international sense part OF the
territory of the United States. While. by
the act of April 25. 1898. which declared
president was directed and empowered
to use our entire land and naval forces
as well as the militia of the several states
to such extent as was necessary to carry
the act into effect, that authorization
was not for the purpose of making Cuba
an integral part of the United States.
but for the purpose only of compelling
the REIMBURSEMENT by Spain of its au-
thority and government in that island
and the withdrawal of its forces from
Cuba and Cuban waters. The legislative
and executive branches of the govern
ment by the joint resolution of April 20,
1898, expressly disclaimed any purpose to
exercise sovereignty, jurisdiction or con-
troll over Cuba, except for the pacification
thereof and asserted the determination
of the United States, that object being
accomplished, to leave the government
and control of Cuba to its own people.
All that has been done in relation to
Cuba has had that end in view, and so
far as the court is informed by the pub
lie history of the relations of this coun-
try with that island, nothing has been
done inconsistent with the declared OBJ
ject of the war with Spain.
Military Control.
Cuba is none the less foreign terri
tory. within the meaning of the act of
congress, because it is under military
governor appointed by and representing
the president in the work of assisting the
inhabitants of that island to establ1sh a
government of their own, under which,
as a free and Independent people, they
may control their own affairs without in
reference by other nations. The occu-
pancy of the island by troops of the
United States was the necessary result
of the war. That result could not have
been avoided by the United States con-
sstently with the principles of inter-
national law, or with the obligations to
the people of Cuba 1t is true that as
between Spain and the United States
indeed as between the United States and
all foreign nations-Cuba, upon the cessa-
ton of hostilities with Spain, and after
the treaty of Paris, was to be treated
as if it were conquered territory. But,
as between the United States and Cuba,
that island is territory held in trust for
the inhabitants of Cuba, to whom 1t
rightfully belongs and to whose exclu-
sive control it will be surrendered when
a stable government shall have been es-
tablished by their voluntary action.
Power of Congress.
"It cannot be doubted that when the
United States required and enforced the
REIMBURSEMENT by Spain of her sover-
eighty in Cuba, and determined to occu-
py and control the island until there was
complete tranquility in all its borders,
and until the people of Cuba had created
for themselves a stable government 1t
succeeded to the authority of the dis
placed government so far at least that
it became it's duty, under international
law and pending the pacification of the
island, to protect in all appropriate legal
modes the lives the liberty and the prop
erty of all those who submitted to the
authority of the representatives of this
country"