Omaha daily bee., 1891-03-14

iulS state / flUd tNN IN the COuSttu tlOn,
that con tests for all executive Officers shall
be determined by both houses Of tholegisIa-
iurc by q joint vote IN such manner asmaybe
prescribe by law. In case OF a contest "
members OF the legislature tho contest Is TO
take place be- fore Tho different branches Of
the legislature but contest for executive
officers by The two houses together. No
other tribunal than that pointed out by the
constitution can try that case. The contest
may be- made not only 10y Ihaycr but by any
ClCCtOr OtthC state. That is one of the pro-
visions of section - Of that act
''laSsert that there has not bccu one au-
thonlv cited In tho brief of rclator that
initiates against my position that IhayeU
| haSno standing In this court. They say in
the Shields case hat Shields COuI d not take
the Office OF senator. All | have to
say is that that is not sim
liar case, because our Constitu tuition
says that the man that receives the largest
number Of votes shall take and hold the oncc
o governor. Our cons ututiOuh has made him
the su CCcSs or rwh ether hcis Clig. ble or not.
| This court has so decided that all ofthc state
officers we're entitled to have the vote de-
clarcd before the joint session Of this lCgSla
! turc TO have the persons declared elected and
that tn hcrcupon they were entitled TO be con-
Quoted into that office upon quail fyng. If
that IS SO, the cOuslitu ion makes the person
that has the highe num mber ofvutcs tine sue
cosSor, whether he is eligible or not II did
nOtSay the largest mum Der of legal votes, 1t
didno say IAN eligible party 1t SAYS tho
party that has the largest number of votes
shall be entitled o the office.
I'VE have one section Of tho constitution
which says the cNccutivc Off GERS shall hold
office until their succesSorS are elected and
qualified Let me put "A case. Suppose Boyd
was div cstCd of all QuCS tOn Of iuClgibity
Suppose the legislature had declared him
elected, as IT did, aud he had failed toQuaify.
y ow you say under tins prov isOn of the con
stiutiOn the old term con tinucs. Does It
Does it continued II YOU are going to give a
literal COnst structiOn to the constitution, it does
because that institution says he shall hold
until his SUCCESSOR is elected and qualified.
Is But docs hct Not at all, because that is n
general provision in res pect to all state exec
utivc officers. There is another section pro-
viding that in certain cases the lieu tenan [
govern or shall perform the duties. Arc these
section Inconsistent Not at all. Nhypot !!
One says that he shall hold his Office unit /
his successor is elected and qualities, and an
othor says I he doesn't qualify the lieu tenan |
goytrnor shall perform his duties Is not
there an inconsiSt tcncyf No. Because oulhe
adoption of the constitution in 1870 two per
sons are elected qualified to hold the
Office of governor; is the lieuten-
ant governor and the other the
governor When these two persons are
elected and qualify, and the governor fails TO
quaIliN, the lieutenant governor, under the
special constitutional prOviS ion, assumes the
duties OF thco1Ce an a therefore, as success
sorof the old governor, is elected and quail
NED. lheN are IN perfect harmony Ono is
general and the other special.
81 assert that j amcS f. Boyd is citizen of
the L nited States. IL is con CGded by all that
j ameS +. BOYD is competent and capable
under the laws of the United States to be-
como citizen without any act on his own
part ltdoCs not come under the category of
those who have an act ahirmativeIy to peg
form. When he was boy of nine years the
constitution was such that ltwaS com pceut
FOR Mr.. BoydtO become a naturalized citizen
without any Affirmative act on his part \
great many rights are given to perS Ons as
citizens alter they have tax en- out their first
papers. The rule has been adopted that a
person who has taken out his first papers is
entitled to the protection of the governmen [,
and it has been questioned unless undCrsOme
treaty between the govern mont and the or
lginal TRY from which the party came
But this is not the point was going to
make. Let me refer TO another matter.
They say in our answer that we state on in
formation and belief that Joseph Boyd
took out his papers, why did you
nOtnamo the courtH they say The in forma-
tiOn that came to me was that Joseph Boyd 5
vote was chacn ged, and that he qualified
himself; that was after he took out his first
papers That some of the records of the
court are burned These are matters tn at
we asCertained, and l wOuld not pcrmitt to
be put in that he had done it, but it was our
information and belief. JOscph Boyd is an
old man nearly eighty years old today. If he
took out his final papers 1t was nearly forty
years ago, and he might have forgotten
whether he had taken them out or not. He
supposed he had. The supreme court of the
United States has decided that it is otncc-
essary to have Judge of the court admit a
person to citizenship. They say, why did
You take out your papers on Decem Der l6
There was aquestiOn about these matters
and as Mr.. Boyd was elected governor OF tn is
state he wanted TO place himself in a position
that there would be no question about his
citizenship at the time that he entered upon
the duties of his Office, although we Concede
that that may hayonO bearing u pon h is eligi-
bility, but at least he is citizen now and has
been a citizen beyond gues tion from the time
that he took out his papers. That is the rea-
son that this was done, l will venture the
assertion that there are thousands
of instances where tho papers are
taken out the second time. They tell
us there are only two ways of acquiring cit
l2enShip There are Very many ways of ac-
quiring citizenship 1t may be by treaty, by
general law, as has been in this case. The
position l take, in my opinion, cannot be
ganSaid Its incOn trOvertabe. On the ad-
mission of the state of Nebraska into the
union in 1867, every bona tide inhabitant OF
that territory became by that uuiOn a citizen
of the state of Nebraska and of the United
States. The organic act providing for the
organization of the territory provided
among otherthings, for the qualification of
voters, and the only thing that can be urged
againsti Is the qualification with respect to
NOcfS an q IL was LOU lntGnuCu that any
other persons should be citizens. After
the organic act IL was competent for the
legislative assembly TO ado pt any rule viii ich
itSaw fit with respect to the eligi bihty of
persons to hold onice and vOte-to give the
right of franchise to residents of one two
three mon hS or six years. The right of citi.
Zcns hip and the right to vote have nothing in
common as general thing. Persons may bc
citizens and not have the right tOvotc, and
vote and not be citizens. The restriction
II, ala. IL,
nothing TO do with the question of citizen.
citizens, The question of the restriction of
to do with the question of citizenship
mttcd on an equality with the original
thirteen states
Here General Cowin read the act and said:
This is justice, this is equity and IN conso-
narce with the fundamental principles of our
government When we organized the gov.
ernmcnt we organized it on the nalcna bile
right of men and agreed 10 associate them.
selves together into a civil community in
which we should maintain the nalicnablo
rights Of men. Those inaiienabl rig It's have
been sounding IN the air from that time to
this, and will go on the music of this nation
until 1t shall cease 10 be auatOn. One Of
those inaliCnablo rights was the right of
citizenship, the most sacred right that was
ever conferred upon a man, being an inalicn.
able right IN community TO be a citizen of
that community, The citizenship was not
conferred 10y an act of congress. 1t was not
conferred by anyegislatlYeO or constitutional
proc eodlu lS of tho origin al ST atpS hut WAS