New-York tribune., 1901-01-15
A GOVERNMENT VICTORY
DECISION IN NEELY CASE
AND ITS EFFECT.
BELIEF THAT THE ADMINISTRATIONS
COLONIAL POLICY WILL BE
UPHELD is GREATLY q
STRENGTHENED.
STRENGTHENED.
IRY rELEGRAPu TO THE rRTBurE.l


Washington. Jan. 1.-THE decision of the SUI
preme Court in the Neely extradition case has
had the effect of strengthening the confidence
of the Government in the constitutionality OF it's
colonial policy. One OF the highest officials OF
the Department Of Justice, who for obvious
reasons does not want to be known express
ing an opinion the probable. decision OF the
court in the insular test cases that have been
submitted, wrote tonight for The Tribune his
views Of the bearing the Neely decision has on
the greater questions involved in the insular
test cases.
I'm the Neely case" he says. "the Supreme
Court refused to apply the Gripping process
and sustained in the ampIest way the action OF
the Administration in governing Cuba Follow
ing to some extent the line of argument Of the
opposition to the Government in the Porto Rican
cases. it insisted in the Neely case that
since the United States has been and is
cisiug sovereign power Cuba. that island
could not be regarded a foreign country for
purposes of extraditiOn. 1t also urged that
the Government Of the United States. in pro-
tecting life and property in Cuba, is subject 10
the limitations of the Constitution respecting
trial by jury, which must apply (as contended
in the Porto Rican cases. everywhere within the
scope of the authority exercised under the Con-
stitution.
Both these claims were fatty overruled by the
United States is exercising sovereign powers
over Cuba under the treaty making power of the
Constitution. The treaty with Spain provided
that the United States should occupy Cuba and
protect life and property there until the people
Of Cuba should put in operation stable govern
ment adequate to discharge International obliga-
tions. Notwithstanding the exercise Of completes
dominion in Cuba, the Court held that Cuba Is
a foreign country. And the Court also held that,
I no fu-ifh he
authority in Cuba which is protecting life and
property, the Administration is not tied by the
limitations Of the Constitution respecting trial
by jury. but may. in the protection of life and
property in that island. adopt and enforce the
Jurisprudence of the civil law which was in force
when we occupied the island, and is familiar to
its inhabitants"
| REASONS FOR INCREASED CONFIDENCE
| From the foregoing analysis of the bearing Of
/ the NeeIy decision the insular test cases. it
/ reed scarcely be stated that the Government Is
more certain to-day than ever before that it's
colonial policy will be completely sustained by
| the Supreme Court when that tribunal renders
| its final decision in the insular test cases that
/ have been argued in the last month The great
| legal ability of the Department of Justice off,
/ eiaI who made the foregoing analysis for The
/ Tribune. together with the close and careruL
thought he has bestowed on the issues involved
|
a guarantee of the authoritative character Of the
| views he has expressed a liberal Interpretation
| of his guarded expression warrants the assertion
| that I'm the opinion of the Government, the
| Neely decision shows plainly and unmistakably
that the majority of the Court is in favor OF the
| Governments contention
| This belief is strengthened by the circum-
| stance that the NeeIy decision was written by
| Justice Harlan. who. generally speaking. has
| been regarded as not at all in sympathy with
| the Governments colonial policy. The questions
| asked by Justice Harlan in the Porto Rican and
| Philippine cases seemed for the most part 70
/ indicate that the operations OF his mlnd were
| leading his Judgment away from the Govern
| ment's view. The force and lucidity of his Ian
guage in the Nicely decision are held TO reveal
beyond reasonable doubt the gratifying fact
that a mistake has been made in classing him
with the members of the court who embrace
follows the flag ex proprlo v1gore
POSSIBLE DIVISION OF THE COURT
If Justice Harlan is thus eliminated a
doubtful factor in the speculation on the Su-
preme Courts decision in the insular test cases.
the problem is considerably simplfed- While
it is generally believed that the court will be
divided in its momentous decision. STILL the best
informed opinion in Washington now leans
strongly to the view that the Governments
contention will be sustained by decisive ma
jority and that the final vote of the court will
be six 10 three against the Democratic position
a present ii Is Thought UnaU II THIS NUMBER or
dissenting opinions are rendered they Will come
from Justices Brewer. White and Peckhan-
Lawyers of long experience in the Supreme
Court who have followed closely the arguments
in the fnsuIar test cases say that beyond doubt
Justice Brewer is firmly opposed TO the Gov
ernrnent's attitude and that. if he Is the
sole dissenter. he will express his opinion in
forcibIe and direct terms. Because of the dis
covery that the ancestry of Justice White be-
Ionged to the old line Whig party of the South
the belief IS growing that he will side with
the Government on the broad questions of policy
involved in the insular litigation At the same
time it cannot be said that this belief is borne
out bv the questions which Justice White asked
counsel in the progress OF the argument IN the
Porto Rican and Philippine cases Justice Peck
ham has asked few questions of counsel but
still the opinion is widespread that he is against
the Government. By the same token it IS
thought that Justices Gray. Shiras and Nc
Kenna are quite as strongly inclined toward the
Governments view Justice Peckham may be
against IL. AS to Chief Justice Fuller. although
he is a Democrat ana appointed by Mr..
cleveland. there is scarcely anybody of moment
in Washington who believes that he will side
against the Government.
1t is thought TO be hardly probable that the
court will render it's decision in the insuar test
cases until near the close of its present term,
ciston being adverse to the Government, il is be-
lieved that the President would be compelled to
summon an extra session of Congress to recon-
mend a complete reversal Of the legislative
enactments for Porto Rico and the Philippines
NEEJ,Y TO BE EXTRA DITED.