Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-01-15
Supreme Court So Decides Re-
garding Island of Cuba
IN Announcing that Nicely Is Liable
10 the Extradtion Laws.
Prisoner VII! &c Taken Back for Trial for the
Postal Frauds.

"a = tM' t@toN III inc lscEiy cStfdqitiUD
Gaze. The court held that Nicely was
subject to c@tradition ana must b. sur
rendered To the Cuban authOriticg.
Justic" Harland handed down the
courts opinion, which was unanimous
ana Immediately after the opinion was
concluded an order was issued requir-
Ing that the mandate IN tie case b. Isl
sued Il once.
A3 soon ~ the war department IL Of
fitigiiy ;nfuineI Of the decision of the
supreme couft. steps will bo taken to
secure the prisoners removal to Ha-
rana for trial. Nicely is now in the
Ludlow street jail at New York. pend
ing INC hearing cf civil proceedings
against him on the charge of having
brought stolen goods into the state Of
New York. judicial steps viii be in
atituted to vacate the civil proceedings
ana secure the transfer of the prisoner
to the custody Of VIM. Hinkcl of New
York, who has been appointed the agent
Of ;he military governor Of Cuba for
that purpose.
Nicely Will be then placed on q United
states transport ana taken to Havana.
It is said that the United States au-
thDfitics desire 70 have the trial Of
%ccly proceed the hearing Of the case
of I;Hthbono. who is charged with com
pllcity i'll the same transactions
The opinion embraced a complete re-
view Of The case, explaining Neelys
crime ana arrest and his effort to pre-
vent extradition to Cuba. the opinion
also detailed the laws relating to cx-
tradition ana quoted the act Of June
8. 1900, extending the provisions OF sec
ton 5-7o of the Revised Statutes to
foreign countries which is occupied
or under control Of the United States
~ us To make the Law cover among
other crimes cnbczzlement in such
countries.
Relating that the circuit court for the
southern district of New York TO
which an application for a writ of ha-
beas corpus had been made had rem
dorcd decision adverse to Neely's
claims. Justice Harlan said he had
then appealed to this court on the
ground that the act Of June 6, 1900. was
unconstitutional. Entering then upon
his reasoning on the case. Justice Har-
Ian said that there was no dispute that
On the G:h Of June, 1900 when the act
under which this preceding is brought
bt'trAlilt Il ldt. y VIA " i1 GLliEi tllt
control or tho Tinted States ana zoe
cupiel by this government"
Justice Harlan then reviewed the
legislation preceding the war with
Spain, quoting the joint resolution Of
April 20, 1895. and the declaration of
war which followed IN the 25th Of the
..,- ,-.t ~ ..-1 l-..-.- Jill,
Iip - 'l-N .''o' w ' NIGH 'ii
tnitcd - ties ana SPAN ana the Pans
treaty were reviewed for the purpose
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" i''s7 ''"' ''l.N N"0 VIC .''l VI III
/ nitci states 10 CUBA. but SPAN : re-
lipuuiehy,tut of Sovereignty over ihr
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iHl"'''tH' -F''''' N"S '1Neii VI 'i''
jdoiiShNeHl NJ p IflHtdIN government
over cuba au3 Cuy. Brooks .rdcI4ma-
,ic,, III -., 7Nar ,,.,... ,,,,,t.l Nv
Wv" va - l. ''' woo 'i".'r
n0uH,in| I'M" court 5 conclusions en- tle
status w C.II Justice Harlan said.
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49, N' ''l''' lam 'r
clt,F th2i CUBA iS Inre'In ierut0f,
Within tHa meaning III thr ..t NJ nunr.
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III
-'HN S'H~ltuttHai. i,1Hi 'I -At1ill1-
tional sense, part of the territory Of
lie United STATES"
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CONGRESS to i"si-l t" III ;n2 premises. st--
M "it cannot J." 'o1h''u that "n"l th'
hlt"t Sl't.s T.uu.r-d anna enforced th"
rtlinTHl@hlncEt hN Sldln ~ ht: @pFcf-
tfTsF a Hos No. a