The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1901-01-15
TO Be TRIED IN CUBA
Supreme Court Orders Neely's
Extradition.
The ISLAND FOREIGN TERRITORY.
Postal Fund Enh-zzier Must he
Dealt with and Punished Where
He Committed the Crime--A
Unanimous Decision

WASHINGTON, Jan. -. Justice
Harlan has unnorlnced the opinion and
Judgment of the suprein" court in the
Nicely case, involving the validity Of the
law passed by congress Oh June 6, 1900.
to enable the authorities to send Charles
+. W. Nicely back to Cuba for trial on
charges growing ont of his alleged EN-.
bezzlement Of postal funds in that island.
The case came up on appeal by Nicely
from the judgment OF the circuit court
for tn" southern district Of New York re.
mandins him to the custody of the mar
sha OF that distrir; to await transporta-
tion to Cuba on a wsrrant OF arrest is
sued under the provisions Of the new law.
The facts in the case were reviewed by
The Justice and the grounds upon which
Neely attacked the cons'itulionality of
the law.
The first question discussed was whcth.
rr or not Cuba was foreign country.
This, he said, was not difficult to answer.
Cuba WAS under the resolutions authorize
ing the president to use the United States
forces to free il Of Spanish dominion, the
terms Of the treoty of Paris of Dec. 10.
1893. and the action Of the military powers
of the United states subsequent to the rat.
ihcation Of the treaty foreign territory. 1t
could not he considered i'll any legal or in
tcinatonal sense As part Of the United
States. The island. he continued. was
none the less foreign territory because It
wns under Il military form of govern
mrnt.
The results Of tho Spanish war could
not have been avoided by the United
States under International law even If it
had been desired to do 50, and the gov
crnment was compelled to hold Cuba in
trust for the people OF the island until
The people there had formed II govern.
ment for themselves and to pacfy II in
the meantime.
The ac. of June &, 1900 was in execu-
ZION Of the terms Of the treaty so far as
they applied to persons in Cuba II was
competent for congress TO provide by leg
isla,ion for carrying out tho guarantees
Of protection of life and property IN Cuba
made by the United States in the treaty.
Neeiy's citizenship did not give him the
right said Justice Harlan. TO set il, up as
protection against "Xtradiion t" coun-
try wher" he had committed crime in
violation of its laws to h" punished there
icr his acts.
The contention of Ncely that he mill
tary occupation Of Cuba was unwarrant-
ed by the constitution and an invasion of
the rights and territory Of a friendly ter
ritorp, the Justice said. was without mcr.
II. The wal against Spain was conducted
Jointly. and the resolutions Of congress
authorizing its prosecution did not COM
nit the United States To the recognition
Of any Sovernncn, in Cuba until after
one had been set up after tho island had
been wreSttd from the control OF Spain.
the territory pnc.ied and a condition Of
tranquility assured.
Tie Judgment of the circuit court re-
manding Nrcly to the elsiody Of tho mar
slal, thu$ affirming the validity and com
stitu;iunality of the eXtradition law. vas
affirmed Nnd by II unanimous court.
Upon motion Of Solicitor General Rich
ards au order was issued directing that
the mandate go down at once,
Prosperous New York Railways.
ALBANY. Jan. Ia The state board Of
railroad commissioners in their annual re-
port show IN exceedingly prosperous con.
ditinn for the railroads operating In this
state. The steam surface roads earned in
the gross 81 ,0f0 OIG m"re in 1900 than
In 1850 and their net earnings $40
2I4.|lO more than in 1899 The compa-
MES paid in taxes S@S3, ,U21.I2 more than
in 1899 in interest $53S b5".O2 more than
in 1890 aud in dividends 81 POS 66S,TT
more than in 1899. The capital stock in
creased So, 400 over that OF 1899.
and tho funded debt increased S3.5S4,-
4IiS.50 over that for 1889. The percent
age of dividends TO capital stock was 2J2
as compared with 2.i3 in 1899. The ay-
eragc freight earnings pcr ton per mile
increased 013 cents. The average freight
expenses per ton per mile decreased .001
cents The total number of accidents on
the lines Of steam surface railroads was
GIL killed aud 1874 injured. nm increase
from 1899 Of 30 killed aud ~ injured
The number Of passengers carried was
1886. ia, and one passenger was killed
tot every 6, go. .1tiA carried. The physira!
conditions of all the steam roads in the
state have been greatly hctrered.