The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1901-01-15
DECISION AGAINST NEELY.
Extradition Law Upheld by Supreme
Court,

Extradition Law Upheld by supreme
Court.
wasbineton. Jan. 14.-Justice Harlan
TODAY announced the opinion ana 1uds-
ment of the United States supreme
court in the Nicely case, involving the
validity Of the law passed by congress
T,ra 1000 TO enable the authorities
to send Neely back to Cuba for trlai
1hara an charges growing out or MS
embezzlement of Cuban postal 1unus'
The case came up on an appear NY
Neelv from the judgment OF the CIT
omit court for the southern dlstrlct oA
New York. remanding him to the Gus
todv of the marshal of that district 10
await TRANSFORMATION to Cubon on
warrant of arrest Issued uIluer lhe pio-
visions of the new law.
The facts in the case were reviewed
by the justice, and the GROUNDS upon
which Nicely attacked the constitution
ality of the law. The first question as
cussed was whether or not CUBA was d
foraion country. This, he said, was not
difficult to answer: Cuba was loleish
+arritorv under the resolutions author
izine the president to use the United
ctota. forces to free it of the Spanish
dor,in;on the terms Of the treaty OF
paris of December 10, 1898, ana the
action of the military powers OF the
Tinted states subsequent to the ratln-
cation of the treaty. 1t could not pe
considered in any legal or international
sansa az parl of the United States
The island he continued, was none
tba less foreign territory because 1t
was under q military form of govern
ment. The results of the Spanish war
could not have been avoided by Inc
United States under international law
even if it had desired to do so, ana II
was compelled to hold Cuba In trust 1or
the people of the island until the people
there had formed a government Tor
themselves, and to pac1fy 1t in the
meantime.
The act of June 6, 1900, was in execu-
ton of the terms OF the treaty SO Tar
as they applied to persons IN CUBA II
was competent for congress TO provide
nv legislation for carrying out the guar
antees Of protection of life and proper
tv in Cuba made by the United states
in the treaty. Neely's citizenship did
not give him the right, said justice
Harland, to set 1t up as a protection
against extradition to a country Where
he had committed crime in violation
of it's laws, to be punished there for his
acts.
AS TO the contention of Nicely that the
military occupation of Cuba was I'M
warranted by the constitution and an
of the rights and territory of
friendly power, the justice said that 1t
was without merit. The war against
Spain. which was conducted jointly, I
and the resolutions of congress author
izing it's prosecution did not commit \
the United States to the recognition Of /
any government in Cuba, until after one
had been set up after the island had
been wrested from the control of Spain, +
the territory pacified and CONDITION OF
assured.
The Judgment Of the circuit court re-
Nicely to the custody of the
marshal, this affirming the validity and
OF the extradition law,
was affirmed by unanimous court.
Upon motion by Solicitor General
Richards an order was issued directing
hat the mandate go down at once.
The final conclusion Of the court was
as follows.
I'VE are of opinion, for the reasons
stated that the act Of June G. 1900, Is
lot in violation of the constitution of
he United States and that this case
omes within the provision of that act.
rhe court below having found that
here was probable cause to believe the
ppellant guilty of the offense charged,
he order for his extradition was proper
nd no ground existed for his discharge
n habeas corpus. The Judgment of the
ircuit court Is therefore affirmed"