St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-12-08
GOV. BOYD'S STATUS.
His Claims to Citizenship as
Presented in the Highest
Tribunal.
Able Arguments in Favor Of
NebpaSka'S Choice for
Governor.
Important Decision Rendered
Touching the Rights Of
Trainmen.
Reciprocity Appears to Be on
the BoOm--ROund-Up OF
the Capital.

WASHINGTON, Dec. THE Boyd
Thayer case, involving the question of
title to the Office of governor of Ne
braska and of citizenship on the part of
Boyd, will come up for argument in the
United States supreme court tomorrow.
The question at issue is as to whether
or not James E. Boyd was a citizen of
the United States at the date Of cleo
ton. Briefs of counsel have been filed.
j. {. Gown, attorney for Boyd, i'll his
brief maintains that his Client became
citizen by virtue of the admission of
Nebraska as state, he being an in
habitant of the territory of Nebraska
and member of its constitutional con-
vention. He contends that the or
ganic act of admission, by providing
that the state should be admitted
upon an equal footing with the orig
inal states in all respects whatsoever"
together with the authority conferred
upon 1.-THE inhabitants" of Nebraska
territory 10 form state constitution,
operated as collective naturalization
admission to citizenship of all persons
in the territory capable of acquiring
United States citizenship under the
general policy of the government.
Henry ID. Estabrook. also attorney
for Boyd, argued that Boyd be-
came citizen through the rela-
ton back to the time OF the declara-
ton of intention. the granting in 1890
Of final naturalization papers to BOyd's
father, and that the completed tranSac-
ton takes effect as OF the date of
declaration, 1S49.
Defining Naturalization.
Naturalization, he held, was in the
nature of contract, in which the grant
ing of final papers constituted an &C
ceDtance on the part of the government.
He also argued that the CONSUMPTION act
of 1863, making all persons who had de-
clared their intention to become citizens
of the United States amenable to mill
tary duty, had the effect OF comforting
citizenship upon James E. Boyd and his
father. The concession of entire hon
esty to Boyd i'll his belief that he was
a citizen, his reiterated OathS OF allie
glance TO the United States and the con-
stitutiOn. and his patriotic conduct
through life are noted us circumstances
justifying the court in invoking the
doctrine OF relation. The decision in
the case of Swineburne, which was de-
cided To the contrary, Mr.. EStabroOk as
CllUCS ~ ScCIlOlIdl pItJuulCcS WHlCu,
perhaps, uncOnSciously tended to i'll
tluence the court.
. The brief in behalf of Thayer was
prepared by John f. Dillon, John l..
Webster and Joseph H. Blair. Broadly
stated, they base their assertion of want
of citizenship in Boyd on the ground
that an alien cannot grow into citizen
ship by belief or faith. and by assum-
ing to act as a citizen. They cite
the case of Dryden and Swineburne
from West Virginia, in which the cir
cumstances are substantially identical
with those in the case of Boyd, and in
which the court held that record proof
of naturalization was necessary. and
that the doctrine of relation could not
apply to matters of naturalization.
There are many things. they say,
necessary after declaration of intention
made requisite before naturalization pa
perS can issue. Collective naturaliza-
ton, they maintain, can apply only
where congress makes express pro-
vision therefor, as it did when Florida
and Louisiana were ceded to the United
States. In those cases, the inhabitants
would have no citizenship if not citi-
Zens of the United States, whereas in
habitants of territories are citizens of
the United States regardless of the
states admission to the Union.