The morning news. [volume] (Savannah, Ga.) 1887-1900, 1891-05-13
Nebraska's eubernatoriaI Scandal.

According TO an Omaha dispatch, pub
lished in the MORNING NEWS yesterday, the
decision of the Nebraska supreme court in
the Boyd-Thayer case promises to be the
basis of big political scandal. The whole
country is familiar with the case. Boyd, a
democrat, was elected governor last No
vember. Thayer. a republican, who was
governor at the time Of the election, refused
to vacate the Office at the end of his term on
the ground that Boyd was not a citizen,
and hence could not legally occupy the offics
of governor.
Boyd brought suit to GUST Thayer. and
the case was decided in Boyd's favor in the
lower court. Thayer appealed it 10 the
supreme court, and that tribunal, a day or
two ago, reversed the judgment of the
lower court, and the chief justice, without
consulting with his associates, and contrary
to the rule of the court which allows a Iiti-
giant forty days in which to apply for a
rehearing, authorized writ to issue against
Boyd.
1t looks very much as if majority of the
court had determined to give the office to
Thayer, even before the court had heard
the case. 1t is asserted that the judges, of
whom there are three, never consulted with
respect to the case. The oldest of the three
wrote an opinion, which was in Boyd's
favor, and the youngest wrote an opinion
which was in favor Of Thayer The chief
justice was out of the state when these opin-
ions were being prepared. On his return
he had brief conference with the youngest
of the judges, and signed the opinion which
that judge had written. A bondsman was
waiting to sign Thayer's bond as governor,
and as soon as the opinion was signed and
the writ issued Thayer's bond was ready to
file.
Does not this look as if political consider
ations rather than the law and the facts
bad influenced the majority of the court to
give a Judgment against Boyd? The case
will, of course, go to the United States
supreme court, but the term for which
Boyd was elected may expire before it is
heard by that tribunal In the meantime
Thayer will administer the office of gov
ernor.
There never has been any dispute about
the facts in the case. The issue involved is
one of law. Boyd's father came to this
country from Ireland when Boyd was
years of age. He took out his first natural
ization papers at once, but did not take out
his second papers until after his son was
elected governor. Boyd's eligibility. there
fore, could not be based upon his fathers
citizenship.
But Boyd was recognized citizen of Me-
braska when that state was territory, and
it is claimed that when the territory was
admitted into the union Boyd became citi-
zen Of the United States. The basis Of this
claim is a general enabling act which was
passed by congress to make voters OF the
residents of California at the time that ter
ritory was admitted into the union. 1t
provides that "a citizen of territory shall be
recognized as a citizen of the United States
as soon as the territory becomes a state.
The decision of the Nebraska supreme
court creates very general surprise, because
it had never been doubted that the enabling
act which made residents of territories
voters also made them eligible to office.
And 1t is considered certain that the United
States supreme court will reverse the de-
cision of the Nebraska supreme court II
it should the suspicion that the Nebraska
judges were influenced in making their de-
cision by desire to help their party will
become so strong that it will amount to a
conviction.