The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-01-15
NEELY TO DE TRIED FIRST.


WASHINGTON, Jan. 14.-As soon as the
War Department is officially notified of the
decision of the United States Supreme
Court sustaining it's contention in the case
of C. f. W.. Nicely, charged with postal
frauds in Cuba, steps will be taken to Sc
cure the prisoners removal to Havana for
trial. Nicely is now in custody in the Lud-
lcw-street Jail, New York, pending the
hearing of civil proceeding against him on
the charge of having brought stolen goods
into the State of New York. Judicial steps
will be instituted to vacate the civil pro-
ceedings and secure the removal OF the
prisoner to the custody OF William M.
Hinckel, of New York, who has been ap-
pointed agent of the Military. Governor or
Cuba for the purpose of receiving the pris-
oner when surrendered by the United states
government, under the application for ex-
tradition. When all the necessary prelimi-
naries have been arranged, Nicely will be
surrendered to Agent Hinckel and placed on
a United States transport and taken TO
Havana. TIL appeal for extradition was
made in May last, and Neely's counsel re-
sorted to every legal resource to resist
action upon it by the United States gov
eminent 1t is said that the United States
authorities desire to have the trial OF Neely
precede the hearing of the case OF Rath-
bone, who is charged with completely in the
same transactions.
Assistant Attorney General James NJ.
Beck, who argued the case for the govern
ment i'm the Supreme Court, said of the de-
cision: 'rhe government regards the de-
cision as important not merely because
X definitely decided its right TO extradlte
Nicely from Cuba for trial, but because IL
defines the nature and validity of its oc-
cupancy in Cuba The chief contention OF
Neely's able counsel was that with the rau-
hcation of the treaty of Paris. all right or
occupancy by the government under the
war power ceased, and that the present
occupancy of Cuba by the President as
commander-in-chief was Unconstitutional
and a usurpation. The court sq1arely
negatives this contention and broa5iy al
firmed the right of the government 10 oc-
cupy Cuba until a responsible government
is created by the Cuban people. LII is cspe-
cially gratifying to the Department OF Jus
tice that this right can be exercised, as The
court decided, free from any embarrass-
ment which the existence of an existing
Cuban republic would occasion. Neelys
counsel earnestly commended that Congress,
by the joint resolution which preceded the
Spanlsh-American war, had recognized the
existence of the Cuban republic, and If the
court had sustained this contention the
government would have been embarrassed
by the divided authority. The Supreme
Court further decides that the President
may exercise his right as COMMANDMENTS
chief free from the embarrassments or the
constitutional provisions requiring trial by
jury, which the court holds to be inappli-
cable to Cuba.
"The case is unique, partly because the
status of Cuba is anomalous and partly be-
$500
treaty. AS to the first, the court affirmed
the authority of the United States in cuba
pending its pacification, although il Is for
eign territory. AS to the latter point, 1t
has long been a vexed question as to
whether there could be an extradition in
the absence of an extradition treaty The
effect of the decision Is TO extradite Nicely
under the authority conferred by the act
of Congress rather than In accordance
with any express ~extradition treaty. IL
insures the trial of a fugitive from justice.
and 1T gives the administration the power
10 protect life and property in Cuba during
the period Of our occupancy
Secretary Root said this afternoon that
he was glad to hear that the Supreme
Court had decided that Nicely could be ex-
tradited, for the reason that :he failure of
the United States to return Nicely for trial
| for the embezzlement of Cuban postal
funds would give American justice a black
| eye in Cuba, and especially as rhe United
States was doing all ii could to reform and
purify the administration of Justice in that
island.