The Middleburgh post. [volume] (Middleburgh, Snyder Co., Pa.) 1883-1916, 1901-01-17
TO EXTRADITE NELLY.
Supreme Court Decides That Cuba
Is Foreign Country.
HE WILL BE TRIED IN HAVANA

Clvn Proceedings Instituted In New
York state VIII he Vacated and
the Prisoner VIII he Taken tn
Cubn on n Government Transport.
Washington, Jan. 15.-The United
States supreme court yesterday an
nounced its decision in the case OF c.
F. w. Nicely. charged with embezzle-
ment of the public funds Of Cuba while
acting as financial agent of the depart
ment of posts of that island, holding
that Nicely Is subject to extradition.
Justice Harlan handed down the court s
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 at once.
The opinion embraced complete re-
view of the case, explaining Neely' 8
crime and arrest and his effort to pre-
vent eXtradition TO Cuba. The opin-
ion also detailed The laws relating to
eXtradition and quoted the act Of June
6, 1900 extending the provisions of
section 5,270 of the revised statutes to
foreign countries which is occupied
by or under the control of the United
States" SO as to make the law cover,
among other crimes, embeZzlement in
such countries. Relating that the cir
cult court for the southern district OF
New York to which an application for
a writ Of haheas corpus had been made,
had rendered a decision adverse to
Neely's claims, Justice Harlan said he
had then appealed to this court on the
ground that the act of June 6, 1900,
was unconstitutional.
Announcing the courts conclusions
on the status of Cuba Justice Harlan
said:
The facts above detailed make it
clear that Cuba is foreign. territory
within the meaning of the act of June
6, 1900. 1t cannot he regarded in any
constitutional, legal or international
sense part of the territory of the
United States. While by the act of
April %. 1899, declaring war between
this country and Spain, the president
was directed and empowered to use our
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 authorizatiO ION 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 author
ity and government in that island and
the withdrawal of its forces from Cuba
and Cuban waters.
Cuba is none the less foreign terri
tory within the meaning of the act OF
congress because ii is under a mill
tarv governor appointed by and repre-
se1ting the president in the work of
assisting the inhabitants of that ISL
and to establish government Of their
own under which, as a free and inde.
pendent people. they may control their
own affairs without interference by
other nations. The occupancy of the
island by troops of the United States
was the necessary result of the war
That result could not have been avoid.
ed by the United States consistently
with the principles of International Law
or with its obligations to the people
of Cuba.
AS soon as the war department is of.
ficially informed of the supreme court
decision steps will be taken to secure
the prisoners removal to Havana fol
trial. Nicely is now in custody in the
Ludlow street Jail, New York, pending
the hearing of civil proceedings
against him on the charge of havins
brought stolen goods into the state o
New York. Steps will be instituted tC
vaCate the civil proceedings and Sc
cure the transfer of the prisoner, who
will be taken to Havana on a govern
ment transport.