The times. [volume] (Washington [D.C.]) 1897-1901, 1901-01-15
COMMENT ON THE DECISION.
Supreme Courts Opinion in the Nicely
Case Discussed.

The decision Of the court yesterday, an
nounced by Mr.. Justice Harlan in the
Nicely case, was discussed with great in
terest in legal and legislative circles.
Many were inclined 20 accept Senator
Lindsays Interpretation of it's effect, as
Stated by him to the court when ne re-
sumed the argument in the Porto Rican
piiotage case few minutes after its en-
nouncement. However, the law officers of
the Government we're not inclined to ac-
cept TO Its fullest extent the statement by
Senator Lindsay. They declined to express
an opinion as TO the application of the de-
cision to the Porto Rico. Philippine ISL
and, and Hawaiian cases now pending be-
fore the court, before having had an op-
portunity to examine the text OF the opin-
ion in full When questioned as to the ef-
feet of the decision. Assistant Attorney
General James W. Beck, who argued the
Neely case in the Supreme Court for the
Government, said:
THE decision disposed OF the case on its
merits and negatives every contention
urged by Neelys able counsel in his be-
half. II is gratifying, not only in ensur-
ing the return of this fugitive criminal to
the country whose laws he has violated
but it is especially important in vindicat-
ing the occupancy of Cuba by this Gov
ernment for its pacifcation. The conten-
ratification of the treaty of peace with
Spain the occupancy of Cuba by the Presi-
dent as Commander-in Chief has been a
usurpation and a violation of the Consti-
tuition, has been squarely negatived, and
the right of our Government to occupy
Cuba until a stable government is created
by the Cuban people is recognized.
1.-The court, by its reasoning, further
gives the weight. of their unanimous ap-
m hat xrh ha inf +sa,,
has done and is seeking to do in Cuba
as the frequent quotations from the mes
sages of the President show 1t leaves
the Administration free to carry on the
great work of creating a responsible Gov
ernment in Cuba. free from the embar-
rassment that the recognition of an ex-
listing Cuban Repblic for which Neely's
counsel contended. and free from the
operation of constitutional provisions
such as trial by jury. which can, as the
court clearly shows. have no application
to Cuba. notwithstanding the fact that as
against Spain and the rest of the world
this Government Is temporarily exercis-
ing in that island ucdoubtei sovereignty"
An attorney familiar with the several
cases said that while he could not agree
with Senator Lindsay altogether, it would
be useless to deny that a side light was
thrown upon the Porto Rica cases by the
.
Justice Harlan. They illustrated, if they
did not demonstrate. the tendency Of the
minds of the members of the court to-
ward the pending cases. They negatived
the extreme contention of the counsel p
posing the action of the President ard
Congress that they, and especially the
President, could not exercise power any
where under any conditions except under
the express limitations of the Constitu-
10 EQVarurnanf wa ar
mitted to be that of the President acting
not under the Constitution but in execu-
tion of the terms of the Treaty of Paris.
and that as against Spain and all other
foreign countries he was exercising SOW
ereign power in Cuba So that if the con-
tention OF counsel referred to were to be
sustained. the court would have been
compelled to say that the action of the
President in Cuba was unconstitutional
and usurped power.
''It is by no means to be forgotten that
q great distinction exists between the re-
lations of the United States to Cuba, and
those of the United States to Porto Rico
and the. Philippines, and this distinction
the court may find to be vital" said this
attorney. still were / betting man !
should not offer an increase of Odds On
the success of the contention of counsel
opposing the Government upon the
strength of the decision in the NeeIy
case"
Il am extremely gratified TO know that
the Supreme Court has so decided" said
Secretary Root when informed yesterday
afternoon that the Supreme Court had
rendered it's opinion in the Neely case.
IF we had consented to allow Neely to
come here and had refused to send him
back for trial under the charges made
against him we should have made very
bad appearance, very sorry spectacle:
it would have given the administration of
criminal law by Americans very black
eve TO Cubans'