The age-herald., 1901-01-15
UNITED STATES CONSTITUTION
 DOES NOT EXTEND OVER CUBA

purpose of compelling the reinquishment by Spain of its authority and government In that island, and withdrawal of its 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 purpose to exercise sovereignty, jurisdie- tion or control over Cuba except for the pacification thereof and asserted the de- termination of the United States that ob- ject being accomplished to leave the gov ernment 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 in- consistent with the declared object of the war with Spain."
 Power of Congress.
 The court also outlined the power of Con- gress to legislate in the premises. saying: "It cannot be doubted that when the United States required and enforced the relinquishment by Spain of her sovereignty in Cuba and determined to occupy and control the island until there was com plete tranquility in all its borders and until the people of Cuba had created for them selves a stable government it succeeded to the authority of the displaced govern- ment so far, at least, that It became it's duty under international law and pending the pacifcation of the island, to protect in appropriate legal modes the lives, the lib- erty and the property of all those who submitted to the authority of the repre- sentatives of this country.
 The power of Congress to make all laws necessary and proper for carrying into execution the powers enumerated in see- tion of article 1 of the constitution, as 1tha cta6 n 10 m of the United States or in any department of the officers thereof. includes the power to enact such legislation as is appropriate to give efficacy to any stipulationS which 1t Is competent for the President by and with the advice and consent of the Senate to insert in a treaty with foreign power.
 What More Appropriate?
 What legislation by Congress could be more appropriate for the protection Of life and property in Cuba while occupied and controlled by the United States than legis- lation securing to the return to that island to be tried by it's constituted authorities of those who having committed crimes there, flee to this country to escape arrest, trlal and punishment? No crime is mentioned in the extradition act of June 6, 1900, that does not have some relation to the safety of life and property. And the provisions of that act recurring the surrender of any pubic officer, employe or depository fleeing to the United States after having committed in a foreign country or territory occupied by and in the cotrol of the United States the crime of embezzlement or criminal malver- sation of the public funds have special ap- plication to Cuba in its present relation to this country"
 Replying to a contention of Neely's coun- sel, the opinion says that when an Amerl- can citizen commits crime in a iorelgn
 
 submit to such modes of trial and to such punishment as the laws of that country may prescribe for its own people, unless different mode be provided for by treaty