The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1901-01-17
NEELY MUST RETURN
Supreme Court Renders Decision
In EXtraditi0n Case.
CUBAN COURT HAS JURISDICTION
Erstwhile Postal Director nust
Stand Trial--IsIanG Declared
a Foreign Country.

The United States supreme court
Monday rendered decision in the
Neely extradition case. The court
held that Neely was subject to extra
dition and must be surrendered to the
Cuban authorities. +
The court held that Cuba is foreign
territory, our purpose in the war with
Spain being to free the Cubans from
Spanish domination.
The decision was based upon the
act of June 6, 1899. which act was
held to be constitutional.
Justice Harlan handed down the
courts opinion, which was unanimous,
and immediately after the opinion was
concluded an order was issued requir-
ing that the mandate case be issued at
once. .....
The opinion embraced a complete
review of the case, explaining Neely's
crime and arrest and his effort to pre-
vent extradition to Cuba. The opin-
ion also detailed the laws relating to
extradition and quoted the act OF June
6, 1899. extending the provisions OF
section 527 of the revised statutes to
foreign countries, which is occupied
by or under the control OF the United
States, so as to make the law cover,
among other crimes, embezzlement in
such countries.
Relating that the circuit court for
the southern district of New York to
which an application for writ OF ha-
beas corpus had been made, had rem
dered decision adverse to Neely's
claims Justice Harlan said he had them
appealed to this court on the ground
that the act of June 6, 1899, was un-
constitutional. Entering then upon
his reasoning on the case, Justice Har-
Ian said there was no dispute that on
the 9th of June, 1900, when the
act under which this proceeding is
brought became law Cuba was Gun.
der the control of the United States"
and occupied by the government"
ssThis court" he said, Twill take
iustifiable notice that such were at the
date named, and are now the relations
between this country and Cuba. So
that the applicability of the above act
to the present case-and this is the
first question to be examined-de-
pends upon the inquiry whether with
in its meaning Cuba is to be deemed a
foreign country or territory" ,-,.
Announcing the courts conclusions
on the status of Cuba, Justice Harlan
said:
ssThe facts above detailed make it
clear that Cuba is foreign territory
within the meaning of the act of June
9th, il960.S It cannot be regarded in
any constitutional, legal or internal
sense part of the territory of the
United States.
seWhiie by the act of April 25th,
1898, declared war between this coun-
try and Spain, the president was di-
rected and empowered to use our en-
tire land and naval forces as we'll as
the militia of the several states to such
an extent as was necessary to carry the
act into effect, that authorization was
not for the purpose of making Cuba an
integral part of this country but for
the purpose of compelling the reliquish-
ment BY Spain of it's authority and
government in that island, and with
drawal of its forces from Cuba and
Tuhon vofarc
.'The legislative and executive
branches OF the government by the
joint resolution of April 20, 1898, ex-
pressIy disclaimed any purpose to ex-
.ercise sovereignty, jurisdiction or con-
troll over Cuba except for the pacifica-
stion thereof and asserted the determi-
nation of the United States that object
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 in
formed by the public history Of the re-
Iations of this country with that island
nothing has been done inconsistent
with the declared object OF the war
with Spain"