Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1891-05-15
Judge MaxweIi's Opinion in the Me-
braska Goveruorshfp.

and then, after treating on one or two
minor points. he in brief expresses
himself thus concerning the enabling
act:
The first section OF the act admitting
the state OF Nebraska into the union
reads: Whereas, on the 21st day of
March. 1864, congress passed an act to
enable the PEOPLE of Nebraska to form
constitution. etc., that the consti-
tuition and state government which the
PEOPLE of Nebraska have formed for
themselves be and the same is hereby
accepted" etc.
Congress thus construed the word
people" as a synonym with the word
inhabitants.
1t will be observed that the act ad-
hitting Nebraska into the union con-
tains provisions which are exceedingly
comprehensive.
The constitution and state govern.
ment lis hereby accepted, ratified and
confirmed. and said state OF Nebraska
shall be and is hereby admitted
into the union upon an equal footing
with the original states in all respects
whatsoever"
have been unable to find such
strong language in an act admitting
any other state into the union, and the
language is much stronger than that
admitting the state of Texas.
1t is necessary now 10 inquire how
the original states were admitted into
the union.
The preamble to the constitution OF
the United States declares that I'VE,
THE PEOPLE of the United States. IN
order to promote more perfect union
do ordain and establish this
constitution for the United States OF
| Am erica.
| Whoever, then. was one OF the peo-
pie OF either OF these states when the
constitution of the United States was
adopted. became ipso factO, citizen
member of the nation created by its
adoption.
On April 80. 1902. the inhabitants
OF the eastern division OF the territory
northwest OF Ohio were authorized to
form government for themselves. q
constitution and state government.
| The population consisted partly of citi-
zens of the United States and partly
OF foreigners. The inhabitants then.
who were authorized TO form Il state
| government for themselves. must have
been all the real inhabitants of the
country, citizens or foreigners. and
pff a,. l.l -, IL
the union, must have equally partici-
| pated in all its advantages, because if
party only were entitled to its benefit,
all the inhabitants had not formed a
government for themselves.
Louisiana was admitted into the
union under the treaty of Paris. which
| stipulated that 1.-THE inhabitants shall
be incorporated into the union OF the
United States and admitted as soon as
possible. according to the principles of
the federal constitution. to the enioy-
ment OF all the rights. advantages and
immunities OF citizens of the United
States.
The government has right by treaty,
or by the admission of a new state. to
naturalize. and naturalization is equal
to the other.
February J, 1919 Spain coded Flor
ida to the United States by treaty.
This treaty is the law of the land, and
admits the inhabitants of Florida to
the enjoyment of the privileges, rights
and immunities of the citizens of the
United States.
The fourth section OF the act of con-
gress of April IA, 1902, secures to the
infant children OF persons naturalized
the benefit of their parents naturali-
cation, provided such children were at
the time living in the United States.
1t matters not whether the naturaliza-
ton be effected by act OF congress- by
treaty, or by the admission OF new
states. The provision is alike appli-
cable.
Texas was admitted into the union
on IAN equal footing with the original
states In all respects whatever"
IL will be observed that the proceed
ings admitting 1exas into the union
were somewhat similar, although not
as full. comprehensive and complete as
the act admitting Nebraska The
postum WHICH mas Deen sometimes
preached that the citizens of Texas
must submit to the laws OF naturaliza-
ton before they can become citizens of
the United States is preposterous. No
such doctrine was ever admitted or APP
piled to the citizens or inhabitants of
Louisiana or Florida-countries ac-
quired by purchase. Much less is it
applicable to the citizens of a state
which by voluntary treaty or legisla-
tion becomes Incorporated into the
United States. And if the citizens of
Texas cannot be deprived of their
francise as citizens OF the United
States. neither can citizens OF Nebraska
be stripped of their immunities and
privileges pertaining to the citizens of
this state.
The writer has spent considerable
time in the consideration of the pres
emit case and has examined every case
pro and con bearing upon the question,
and is forced to the belief that the de-
PENDANT is a citizen.
An Unusual Cold snap.
WASHINGTON, May S.-The signal