The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-01-15
Cuba Is Foreign Territory Under the
Act of June @, 1890, Which the
Court Held Constitutional.
WILL BE NO FURTHER DELAY
NEELY TO BE TRANSPORTED To
HAVANA SOON AS POSSIBLE.
His Trial to Take Place Before Rath.
bones if the War Department
Has It's Way.

WASHINGTON. Jan. 1.-THE United
States Supreme Court to-day announced its
decision in the case of c. w. f. Neely,
charged with embezzlement of public funds
of Cuba, while. acting as financial agent
of the Department Of Posts of that island,
holding that Neely is subject to extradi-
ton.
Justice Harlan handed down the courts
opinion, which was unanimous, and i'm
mediately after the opinion was concluded,
an order was issued requiring that the
mandate in the case be issued at once.
The opinion embraces complete review
of the case. explaining Neely's crime and
arrest and his 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 for
eign country which is occupied by, or un-
der the control OF the United States" so as
to make the law cover among other crimes
embezzlement in such countries Relating
that the Circuit Court of the Southern dis
trict of New York, to which a writ for
habeas corpus has been made. rendered a
decision against Neely's claims, Justice
the ground that the act of June 6, 1900, was
unconstitutional Entering then upon his
reasoning I'm the case. Justice Harlan said
there was no dispute that on the 9Th of
June. 1900. when the act under which this
proceeding is brought became law Cuba
was under the control of the United
States,' and occupied by this govern
ment.'' This court" he said, will take
judicial notice that such were, at the date
named, and are now, the relations between
this country and Cuba $50 that the appli-
cability of the above act to the present case
and this Is the first question to be ex-
acknowledgements on the inquiry whether
within its meaning Cuba is to be deemed
foreign country or territory" Continuing,
he said: 1--WE do not regard this case as
hard of solution If regard be had to the
avowed objects intended to be accomplished
by the war with Spain, and by the military
occupation of that island"
LEGISLATION REVIEWED.
Justice Harlan then reviewed the Iegis-
lation preceding the war with Spain, quot
ing the joint resolution of April 20, 1898, and
the declaration of war, which followed on
the 25th of the same month. The protocol
between the United States and SPAIN and
the Paris treaty, were reviewed for the
purpose of showing not only the relation of
the United State to Cuba. but Spain's re-
linquishment of sovereignty over the island.
Notice was taken of the establishment of a
military government over Cuba and Cover
nor Brooke's proclamation Of Jan. /, 1899.
was quoted. The justice then referred TO
the Governors establishment of various de-
partments in order to promote the civil
government of the island. He also called
attention TO the PRONUNCIATION of the postal
code superseding all other Cuban laws re-
lating to postal affairs and related that on
the 18th of June last, Governor Wood had
made his requisition upon the President for
Neely.
Announcing the courts conclusions on
the status of Cuba, Justice Harlan said
1.-The facts above detailed make it clear
that Cuba is foreign territory within the
meaning of the act of June 6. 1900. 1t cam
not be regarded in any constitutional legal
or international sense part of the terri
tory of the United States. While. by the
act of April %, 1898, was declared be-
tween this country and Spain, the Presi-
dent was directed and empowered to use
our entire 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 authorization was not for
the purpose of making Cuba an integral
part of the United States. but for the pur-
pose only of compelling the REIMBURSEMENT
sy Spain of its authority and government
forces from Cuba and Cuban waters. The
legislative and executive branches of the
government, by the joint resolution of
April 20 1898, expressly disclaimed any pur-
pose TO exercise sovereignty, jurisdiction
or control over Cuba except for the paci-
fication thereof" and asserted the determi-
nation of the United States that object be-
ing accomplished to leave the government
and control of Cuba to its own people. All
that has been done in relation to 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 been done inconsistent
with the declared object OF the war with
Spain.
FOREIGN TERRITORY.
CUBA Is none the less foreign territory
within the meaning of the act of Congress
because IL is under military Governor
appointed by and representing the Presi-
dent In the work OF assisting the inhabi-
tants of that island 10 establish a govern
ment 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 troops OF the UAited States was the
necessary result OF the war. That result
could not have been avoided by the United
States consistently with the principles OF
International law or with its obligations to