The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-01-14


ban 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 s, 1890.
which act was held to be constitutional.
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 at once.
The opinion embraced a complete re-
view Of the case, explaining Neeley's
arrest and effort to prevent extradition
to Cuba The opinion also detailed the
laws relating to extradition, and quoted
the act of June 6, 1900, extending the
provisions of section 5270 Of the revised
statutes to a foreign country which is
occupied under the control Of the United
States so as toa 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 habeaS corpus had been made,
had rendered q decision adverse to
Neeley's claims, Justice Harlan said he
had then appealed to this court on the
ground that the act of June 6, 1900, was
unconstitutional Entering then upon
his reasoning in the case, Justice Ear-
on the 9th of June, 1900, when the act
under which this proceeding is brought
became law Cuba was under the con-
troll of the United States and occupied
by this government"
'The court" he said, will take judic-
ial notice that such were at the date
tween this country and Cuba So that
the applicability OF the above act to the
present case-and this is the first ques-
ton to be acknowledgements upon the
ba is to be deemed a foreign country or
territory.
Continuing he said: I'VE do not think
this question at all difficult Of solution
if regard be had to the avOWed objects
intended to be accomplished by the war
with Spain and by the military occupa-
ton of that island"
Justice Harlan then revived the legis-
lation preceding the war with Spain,
quoting the joint resolution of April 20,
1898, and the declaration of war which
followed on the 18th Of the same month.
The protocol between the United States
an Spain and the Paris treaty was re
viewed for the purpose Of showing not
only the relation of the United States
to Cuba but SPANS REIMBURSEMENT of
sovereignty over the island Notice was
taken of the establishment Of a military
government over Cuba and Governor
BroOke'S proclamation of January I,
1899, was quoted. The justice then re-
ferred to the governors establishment
OF various departments in order to pro-
ulOCG LnG CIVIL government OF the island.
He also called attention to the promul-
cation of the postal code, superseding
all other Cuban laws relating to postal
affairs and related that on the 18th of
June last Governor Wood had made his
reQuisition upon the president for Nelly.
Cuba can not be regarded in any
legal or internationals sense
a. part of the territory of the United
States. While by the act of April %,
$685. war was declared between this
country and Spain the president was d.
rected and empowered to use our entire
land and naval forces as well as the
militia of the several states to such ex-
tent as was necessary to carry the act
into effect, that authorization was not
for the purpose of making Cuba an in
tegral part of the United States but for
the purpose only of compelling the re-
| linquishment by Spain of it's authority
and government IN that island and the
withdrawal of its forces from Cuba and
] Cuban waters for the legislative and ex-
ecutive branches of the government by
/ the Joint resolution of April 20, $685.
expressly disclaimed any purpose to ex-
ercise sovereignty, jurisdiction or con.
4 troll over Cuba. except for the pacif1ca-
/ ton thereof. and asserted the determina-
/ ton of the United States that object be-
/ ing accomplished, to leave the govern
ment and control Of Cuba to its own
/ people. All that has been done in rela-
i ton 10 cuba has had that end in view
and SO far as the court is informed by
the public history of the relations of this
country with that island, nothing has
4 object Of the war with Spain.
Cuba Is none the less foreign territory
| within the meaning of the act Of con-
/ gress because it is under a military
4 governor, appointed by and represent
/ ing the president in the work Of assist
1 ing the Inhabitants of that island to
establish a government of their own
under which as a free and independent
/ people they may control their own
affairs without interference by other
nations. The occupancy of the island by
4 troops of the United States was the
/ necessary result of the war That result
/ could not have been avoided by the
i United States. consistently with the
4 principles of international law or with
its obligations to the people of Cuba.
4 1t is true that IS between Spain and
the United States. indeed as between the
United States and all foreign nations.
I 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 inhabi-
tants of Cuba, to whom it rightfully be-
longs and to whose exclusive control it
viii be surrendered when a stable gov
eminent shall have been established by
| their voluntary action
Trainer-NoV, this horse T. as fit as
chemicals make him You've got a
4 Ealvanic saddle. an electric whip hvDo-
nermic spurs, and If you can only shin a
bit farther up his neck YOU ought lust to
Nr4r OF nm