Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1901-01-17
SUPREME COURTS DECISION IN
EXTRACTION CASE.
TO BE TRIED AT HAVANA
Rogue Who Embezzled Postal Funds
of the Island Is Subject to Extradi-
ton Laws and Must Be Surren-
dered to Cuban Authorities-Jus-
tice Harlan Hands Down Opinion.

| T. W. 4NVCly; Cudi ecu Will luS CuuUSZ
element of public funds in Cuba Will,
acting as the financial agent of the de
partment of posts of that island hold
| ing Nicely subject to eXtradition.
Justice Harlan handed down the
courts opinion, which became unani
nous Immediately after the opinion
was concluded and an order was is
sued requiring the mandate in the case
to be issued at once. The opinion EN-
braced a complete review of the case
and explaining Neely's crime, arrest
his effort to prevent eXtradition tc
Cuba and relating that the circuit
court for the southern district of New
York, to which application for a writ
of habeas corpus had been made, had
rendered a decision adverse to Neely's
| claims.
Justice Harlan said he then appealed
to this court on the ground that the
act of June, 1900, was unconstitutional
Justice Harlan said there was no dis
| pute on the 9th of June, 1900, when
the act under which this proceeding
was brought became a law, that Cuba
was under the control of the United
States" and occupied by this govern
ment." This court" he said, will
take judicial notice that such were, at
the date named and are now, the re-
iatlons between this country
| and Cuba. So that applicable
ity Of the above act to the
present case-and this is the first
question to be acknowledgements up-
on the inquiry whether, within the
meaning Cuba is to be deemed a for
elgn country or a territory" Continu-
ing, he said: we do not think this
question at all difficult of solution. if
regard be had to the avowed objects
intended to be accomplished by the
war with Spain and by military occu-
patton of that island"
Justice Harlan then reviewed the
legislation preceding the war with
Spain, quoting the joint resolution of
April 20, 1898, and the declaration of
war which followed on the 18th of the
same month. The protocol between
the United States and Spain, and the
Paris treaty were reviewed for the
purpose Of showing not only the rela-
ton of the United States to Cuba but
SPANS REIMBURSEMENT of sovereignt,
over the island. Notice was taken of
the establishment Of a military gov
eminent over Cuba and Gov BrOoke's
proclamation Jan. 1, 1899, was quoted.
The justice referred to the governors
establishment of various departments
in order to promote the
the civil government Of the island.
He also called attention to the promul-
cation of the postal code superseding
all other Cuban laws relating to postal
affairs and related that on June Is
last, Gov. Wood had made a requisi-
ton upon the president for Nicely.
Announcing the courts conclusions
on the status of Cuba Justice Harlan
said:
THE facts above detailed make it
clear that Cuba was foreign territory
within the meaning of the act of June
6, 1900. 1t cannot be regarded in any
constitutional, legal or international
sense a part of the territory of the
United States. While the act of April
%, 1898, declared war between this
country and Spain, the president was
directed and empowered to use our en-
tire land and naval forces as Well as
the militia of the several states to
such an extent as was necessary to
carry that act into effect.
That authorization was not
for the purpose of making Cuba
an integral part of the United States,
but for the purpose only of compelling
REIMBURSEMENT by Spain of its au-
| thority and government in that island
and the withdrawal of it's forces from
| Cuba and Cuban waters. The legisla-
| tive and executive branches of the gov
eminent, by joint resolution April 20
! 1898, expressly disclaimed any purpose
to exercise sovereignty, jurisdiction OF
control over Cuba except for the paci
| fication thereof" and asserted the de
| termination of the United States that
the object being accomplished, tc
leave the government and control Of
| Cuba to its own people. All that has
been done in relation to Cuba has hac
that end in view. So far as the cour
is Informed by the public history of the
relations of this country with tina
island, nothing has been done incon
sistent with the declared object of tht
war with Spain.
Cuba is none the less a foreign ter
+ ritory within the meaning of the &C
. of congress because it is under a mill
tary governor appointed by and repre-
senting the president in the work O
assisting the inha bitants Of that islam,
to establish q government of thei
own under which as free Independent
people, they may control their own al
fairs without interference by othe
nations. The occupancy of the islam
by the troops of the United States wa
, necessary result of the war. Tha
: result could not have been avoided b
the United States consistently wit
: the principles of international law c
with its obligations to people of Cub;
= It is true that as between the Unite
States and all the foreign nation
y Cuba, upon the cessation Of hostilitie
> with Spain, and after the treaty
= Paris, was to be treated as if it were
j. conquered territory. But, as betwee
the United States and Cuba, that
10 land is territory held in trust for tt
D. inhabitants of Cuba to whom it rigf
y fully belongs and to whose exclusi-
y control it is to be surrendered when
stable government shall have bn,
established by their voluntary actor
lg ----
ct At Elgin yesterday butter W