Telegram-herald. ([Grand Rapids, Mich.) 18??-1892, 1891-05-07
Gov. BOYD BOUNCED
Tia snps enc Court Declsrss Him
Ineligible Tor o0ce.
THlYEa WILL BIZ DuLY lEIySIlrfD
Ana the Whole Cass Win 80 - the
u.ired statss sspsxAs csars tor
final DesrsuAiss tisa ~
ths Issues Iaysived.

LrscoIs, Neh., May c.-The supreme
court OF the ssate on Tuesday rem
dered decision in the Boyd-Thxyer
auo-warranto case, busting Gov. Boyd
and declaring Thayer tie legal gov
ernor Of Nebraska The opinion re-
cites the fact that Boyd MAS legally
elected governor Of the state, but IL
disqualified on the ground Of non-citi-
senship The opinion was signed by
Chief Justice Cobb and Justice Nosval
Judge Maxwell fled dissenting
opinion. taking the ground THAI Boyd
WAS made . citizen BY the enabling
act. being citizen Of the territory at
the time Of the admission OF the terri
tory into the union.
The opinion closes In these words:
"Unaer Judgment OF tae court Gksyer viii ~
main governor. ba. Boyd can appeal 10 Tie Sd
preme court 81 tho Quilted States ard that his
appeA. Will aet ~ sape-srdeaS In this Way
Boyd can hold his scat until the supreme court
OF the unltra States passes on the question OF
eitiscasnsp."
The court also decides against the
claim Of Lieut. Gov. Majors Of the
right To act - governor III The event Of
Boyd's being ousted.
As soon a. possible the writ Of custer
was prepared Gov. 1'hayer filed the
bond required with c. W. Mosher. Il. G.
Cutcalt and II. T. 0xnard as sureties.
and took the oath OF Office
before chief-Justice Cobb. The
writ was then placed in the. hands
Of Deputy Sheriff Locke. and that on
Ger, with Gov. Thayer and his attor-
ncys ard friend. proceeded TO the exec
utive office, where the writ was served
upon Gov. Boyd. The governor was
not expecting such summary proceed
ing and was greatly surprised AS soon
as be had read the writ ne said:
Gentlemen. Recognise the supremacy Of
my successor. but would like, the opportunity
TO consult with vay attorneys. They ere st tae
hotel and have sent Tor tsem."
Gov. Thayer's attorney. Judge Mason,
Judge Blair and Gen. Webster said that
SO far as they were concerned they
were perfectly willing. but the execu-
ton of the writ lay with the officer.
sacriff Hoxie said that there was bat
ono thing for him 70 do and
that was TO obey the order
Of tbs court, serve tho writ
and put Gov. Thayer in possession of
the Office, which he proceeded 20 do.
John D. Howe. one Of Gov. Boyd's
attorneys, applied TO the supreme
court for stay OF proceedings
pending . the preparation Of the
transcript and the bill Of ex-
ceptions, but this was denied. and
Gov. Thayer took formal possession of
the Office. Adjutant General VifGuain
rendered his resignation and ex-Adju-
tant General Cole was reappointed.
Gov. Thayer has appointed HIS son,
John W. Thayer Jr., as private secre-
tary and j. E. Ferris executive clerk.
The decision on the whole may be
bald to be surprise, the opinion being
that in the event OF the ousting of Boyd
Lieut. Gov. Majors would be named as
the successor.
II will be remembered that Gov.
Boyd came with his father to America
from Ireland when he was IL years Of
age. His father some time thereafter
took out his first papers, but he neg
lected TO complete his naturalization
until October, 1890. believing all the
time that he was full-fedged citizen.
The son grew 70 manhood. and has
lived in the belief that his fathers nat
urslizstion naturalized him.