The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1901-01-16
NEELY MUST co TOCUBA
Supreme Court Holds That He
Is Subject to Extradition.

Status Of tho Island Is Determined by
Deo.sIon Holding Cuba to lie Foreign
Country, Held Ia Trust by United stntes
Untii stable Government Is Established
by Its Inhabitants.
WASHINGTON, Jan. 15.-The United
States Supreme Court yesterday an
nounced its decision in the case Of c. w.
+. Neely charged with embezzlement Of
the public funds Of Cuba while acting as
financial agent Of the department Of
posts OF that island, holding that Nicely
was subject to extradition.
Justice Harlan handed down the
courts opinion, which was unanimous,
and Immediately after the opinion was
concluded an order was issued requiring
that the mandate in the case be issued at
once.
The opinion embraced complete re-
view Of the case, detailed the laws relat-
ing to extradition and quoted the act Of
June q, 1900, extending the provisions of
section 5,2T0 of the revised statutes to
foreign countries occupied or under the
control of the United States so as to
make the law cover among other crimes
embczzlcment In such countries, relat-
ing that the circuit court for the southern
district Of New York, to which an appli-
cation for writ Of habeas corpus had
been made had rendered a decision ad-
verse to Ncclys claims. Justice Harlan
said Neely had then appealed TO this
court on the ground that the act Of June
q, 1900 was unconstitutional. Entering
then upon his reasoning ON the case, JUS
tice Harlan said that there was no dis
pute that ON the sixth of June, 1900,
when the act under which this proceed
ing is brought became a law, Cuba was
under the control Of the United States
and occupied by this government"
This rourt," he said, will take judi
cial notice that such were, at the date
named and are now, the relations be-
tween this country aud Cuba. So that
the applicability Of the above act TO the
present case-and this is the first qucs-
ton to be acknowledgements upon the
inquiry whether, within its meaning
Cuba is to be deemed a foreign country or
AfAAlAhAgs NbNtiAuAilNs nv Nlihs
I'VE do not think this question at all
difficult Of solution if regard be had to
the avowed object intended to be accom-
plished by the war with Spain and by the
military occupation Of that island
Justice Harlan then reviewed the egis-
lation preceding the war with Spain, the
protocol between the United States and
Spain and the Paris treaty.
Announcing the courts conclusions on
the status OF Cuba, Justice Harlan said:
"Ihe facts above detailed make it clear
that Cuba is foreign territory within the
meaning of the act Of June q, 1900. II
cannot be regarded in any constitutional,
legal or international sense, as a part Of
the territory Of the United States. The
legislative aud executive branches Of the
government by the joint resolution Of
April 20 1895, expressly disclamcd any
purpose Of exercising sovereignty, juris-
diction or control over Cuba, except for
the pacifcuton thereof and asserted the
determination Of the United States, that
object being accomplished to leave the
government and control Of Cuba to its
own people. So far as the court is in
formed by the public history of the rela-
tlous OF this country with that island
nothing has been done inconsistent with
the declared object Of the war with
Spain.
Cuba is none the less foreign territory
within the meaning Of the act of congress
because il is under a military governor
appointed by and representing the presi-
dent. The occupancy Of the island by
troops OF the United States was the
necessary result of the war and Cuba is
territory held in trust for the inhabitants
of Cuba to whom it rightfully belongs
and to whose exclusive control it will be
surrendered when stable government
shall have been established by their vol
untary action"