Omaha daily bee., 1891-03-14
THE CUBERNATORIAL CASE.
Arguments in the Quo Worranto Before the
State Supreme Court.
A HARD FOUGHT LEGAL BATTLE.
biair ond Mason Open for Thnycr,
Follow cd by Gown and Howe for
boyd, while General
SWcbstcr Closes.

ith nj Z "a a
-. '"u"N 'Ho "t"-
,'i'"'' W ''e 'ounSeI on the demurrer Med
ny wv Governor lhaNcr to the answer of
Governor Boyd in the Quo warrapto case
The case was opoucd nv Nh. nIai,. NJ c>, d.
c,.uo,, .rl,,.,,,s ,,,,,,,,
",. Ou"''i.
W.T. bialrS Argument
MIR. Blair said that an important feature
governing quo warranto cas- cs was that tho
rt;at"r was not obliged TO 7how titlC III him
sell, The burden rested upon the rCspou b.
dent, and not only that hut also the con tMund
existence OF every qualification emitting him
TO me office.
1t had been avCrrcd that MIR. Boyl had
come TO this country rs young man and
hrst settled in Ohiobc fore ne became twenty
one wears OF age. He supposed his father
mad been naturali2cd and had been voting as
n consequence, ever since
Mr. Blair then synops1cd the Lands case @ T
Nlihn CSola whcr" a German had taken out
ms hrSt papers and declared his intcn tion to
become rltAcn OF the United States. He
voted, sat on juries, held onicc
Just the same as Boyds fathcr
had done Subs cqucntlN somebody Y,
brought suit against b i'm in the district court
but am appeal was taken To the district court
OF the United States. II was afteTard
sought TO bring 1T back to the former court
NoSiaIe 'ouu make a foreigner citizen
Mithoul compliance wlth thcact OF congress
~ was an uhdehldOIe ana admitted fact that
thoro hHu never been u tmopuorlo Deem
por lo dSI Wheh DOyd hau a Legal right TO
NCte.
nan saS anu n NeDTISka mad been organized
~ iD"t' ho teSU'ht Is VINO were mere lhen,
II JhSY we're cltilenS ol me United States, or
@ @hau uocarcd thelr IN tehtlon to become citi
zehS OF the united States, might vote for the
organ llouonO oil the territories but only the
oLguh .g lIauon:. In tGe hrSt election
Inem IN $40 none Out citizens oil the
GHtCu 9tales toulu vote ~ was then
IeTiucI I Ihat none put citizens could
1
mrs hrst papers until December l6, so that he
mas pSen voting Illegally, innocently perhaps
ever since ne mas been IN NCbmska
IN New YORK a man could not
Nolt un'Ii aU'r mo had taken out his second
papers, l he declaration of intention to be-
come aCtlHcn, Morse declared, had no effect
on nhtohillY
lie then discussed the right of Governor
IhaScrlo hold over. The term OF Office of
governor was two years, or until his success
sOr was elected and qualified. The latter
was a cohtlnGent extension. If vacancy
then occurred the stitutIon provided that
Iho llCulenant gOycrnOrShould step In. The
1alurCO John M. lhayer to again qualify
ana lie pond Ill this case created 40
Nacah'!'
Judge MaS0n'S Effort
Judge Mason followed He read the
answer of Governor Boyd and comment ed
upon its features as he proceeded and ad.
mtting that all it said was true asked what
did 1t show. That on the 9th of last NOycm.
ber James Il, Boyd was not anaturalizod cit
lien of the United States and hat his fathc cr
had come to this country before the Young
man had attain ed his eign tenth year The
father had taken out his natu r.alisatlon pa
pers only in October last. Those were iu
dicial records The fact looked theup In tbo
face that. during all these years, innocently
porh aps, they had been masGue eradnC as citi.
gems, but that didn't make them citizens
He then read the section of the answer
spcci fyimls that exGoyem or aver could n OF
bn l.lh hN-h b., l.,
qualified When, the speaker said,
it had been ascertained that no sue.
cessor has been elected, then il was
that Mr.. Thayor was required to qualify
What was that august tr bunal for but TO as.
certain If any body had been elected to the
ohice-to ascertain If Boyd was cligible'
When they had ascertancd that fact tn at
would be the time for Thayer to qualify.
He then referred to the fact of Thayer's
having retired from office. and said that the
chambers meanmg the governors rooms)
We're one thing and the office was another
That view would be upheld by the courts if
the opinion already eNpres scd byitwas right
which held that he would lose enon c of his
rights when he left his chambers.
II James r. Boyd was a citizen of the
United States, he was governo or of the state
of \ ebras ka, and the moment Counse el on the
other side showed that fact Mr. Thayer's
counsel would, as they had said before, fold
their tents like the Arabs and silently steal
away, So long as thopresent record look ed
tnetn III tne lacC, BONu was not ana never
had been a citizen of the United States So
long as the constitution provided that he was
not eligible to the Office eff governor unless
he had been citizen for two wears prior to
election, so long was he incom petent to hold
the position he now holds. Nowhere has it
been shown that he had complied with the
law If he had, why should he go to the
United States court for naturali2ationi WHY
had he ta ken out the papers in the pream bc
of which 1t was recite thatlt was inten q ed
to namraliZoa fOrei gncr: Was it because
the early effort in that direction had died a
sornin'f
He then considered the objection to Gen.
sral ThayCrS right 10 the office and Sald
that ifno successor had been elected the con.
stitutlon looked him in the face and told him
to hold his Office until his successor was
elected
Regarding Boyd's coming to this count try
he said tn ans wer contained an admission
that he was a foreigner an had been born of
foreign parents. To become a citizen tho
acts of congress provided certain uniform
rules for naturalization.
If Boyd's father had completed his
naturalization, where is it, Where was it,
In what court: The counsel on the other
side should plead to state of facts and not
of theories. w rs the natu rali2at tiOn perfected
in "A Justice court which didn't have seal.
He asked them to tell him where tho court
was and he would examine its record, We'll
did they know there was norecOrd. If thcy
had known that there was record of Boyds
fathers citizenship they would have pro.