Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1901-01-15
'|HEN[[|.EY DECISION
Government Authorities at WASH
ing'n Encouraged by Justice
Harlan's Opinion.
May breshadow Action Of the
Court in Porto Rico
Case.
Questions Involved Similar in
Some Respects=-Points in
Opinion.


silA s.oii, Jan. ID. seiies' - '''s
administration think they get an indi-
cation Il n fayorable decision from the
s,,,,.s,,,, s.o,,r, ~ t,,a po,.ta Ieico ane;
: Pig e'esses ~ 1iiis ~ W
the decfion of the court rendered yes
terday n the case of C.. f. w. Nicely,
shol,,;n,, that 9,a ! ,-,4hiee., 10 extradi-
sioia
-Apau from the view that IT is not
competent for the judiciary to make
any a.,s,ar,ti,n mon rh. o,,ast;on az
Ssne iei,sslii y 'ii'ie 'uii''s MAisiia = : "a
may be rightly occupied and controlled
by the United States in order to effect
its pacitication-it being the function of
the nojitisai branch Of the. government
IA, si,tsr,,,i,,s ,,.ha,, s,,i.ts cccunation and
control shal, cease ANA therefore, when
inc stroo,ss Of the Isnifet. states shall be
Nil hs,ra W., .frnn, c,nb4-tlhe contention
that me Timed s,a,.s rf-cosnizedl the
.a,,s.es Of a,, ss,arf,lishes. government
,,,,.,s,, IL ma rsa,,,hlic ~ C,,,ha hut L
,,,,,,, n,;,i,a,y =, ayacrt;ve
power TO displace or overthrow 1t, is
Without merit.
1t is reasoned by analogy that if the:
supreme court considers the length OF
time the occupation Of Cuba may be
cohslnues ~ oru-r V tsii'7'se rs pdSsiissi-
ton a political question With which the
court mas nothing to do the question of
the itensth q uile 1hisl flitilafS oceu-
patton of the Philippines can continue
will also be considered a political one,
and that it can continue Indefinitely so
far as the supreme court is concerned.
Justice Harlan handed down the
courts opinion. which was unanimous,
and Immediately after the opinion was
concluded AN order was issued reQuir-
ing that the mandate in the case be is
sued ait once. The opinion embraced a
complete review of the case. explaining
Neely's crime and arrest and his effort
to prevent extraditicn to Cuba. The
opinion also reviewed the laws relating
TO eXtradition and quoted. the act of
JuYis. 6. 1900. extending the provisions
of section $50 of the revised statutes to
foreign country which is occupied or
under. the control of tho United States"
so as Ito make the law cover. among
oth@r crimes, eirsbezzlenent in such
countries. Relating that the circuit
court for the southern district of New
York to which an application for a
writ Of hab, as corpus had been made
had rsisas sanisian adverse to
Sseiy s 4iaims, Jussl'es marian saius ~
had then al'psalee 70 inns court on 'iie
ground that tia.- act.ot J me o i''v, was
uli ms tltutioHai En,eilhg lisii u'ois
hi reasoning on tfle ca Sc lu si'et- iisli
Ian said that there vas no dispute 'ha.
On the 6tf Of June 100, w men W ase
under which this proceeding IS nToush'
became a law. Cuba WAS unasr she
control Of the United states ana o.
cupieG By this government re saia.
This court VIII take 1udiclat Nolice
that sucn We're az the date nainssa ana
ara nov the relations between TINS
country and Cuba 50 that the applca-
hi4i,y OF the above act to the present
case and This is the first question 70 be
exain!neet-depend upon the INQUIRY
whether. within its meaning, cuba is 10
he deemed a foreign country or terri
Tory
Continuing, he said.
1--WE do not think this question at al
6ifficuit OF solution IL regard be had to
inc avowed objects intended TO be ae-
ccrnplished by the war with Spain and
hy the military occupation of that
.sland.'
Announcing the courts conclusions on
the status of Cuba Justice Harlan
said.