Omaha daily bee., 1891-01-14


The ground upon which Ex-Governor
Ihayer, by his attorneys, bases his claim to
the Office of governor are contained in the in
formation. the full text of which is given
herewith:
John NJ. Thayer, in his own behalf, prose-
cutes this action. George II. Hastings the at
torney general having refused TO rros ccute
the same and gives the court to understand
and be informed:
|. On the Tuesday next succeeding the first
Monday of November, of the year 1885, he,
the said John M. Thayer, was and for more
thah TWO years next preceding that time
had been citizen of the United States and
OF TINS state, and then had and now has all
the qualifications required by law To hold the
Office OF governor of the state of Nebraska
=. AT the general election of this state at
the date aforesaid for the election of gov
ernor and all state officers, in accordance
with the provisions of the constitution and
laws of this state, he was duly elected gov
ernor; that he duly qualified tand entered
upon the duties of said Office on the first
Thursday after the first Tuesday in January,
1889 aud ever since then has exercised and
now exercises the duties of said Office
3. That his said election and oa tb of Office
as governor made it his duty to hold his Of
flee for the term of two years from the first
Thursday after the first Tuesday in the Jau-
uary next after his election and until his
successor should be elected and qualified
4. That there was held another general
election OF this state the Tuesday next
succeeding the first Monday of November in
the year 1870, for the election of governorand
other officers, and the returns Of said election
for the officers of the executive department
were, as required by the constitutions sealed
up ana transmitted by the returning officers
to the secretary of the state, directed TO tho
speaker Of the house of representatives who.
did, on the Sth day of January, 1891, immedi-
ately after the organization of the house and
before proceeding to other business, open and
publish tho same, in the presence of ma
Jority OF each house of the legislature, who
were Tor that purpose assembled in the hall
OF the house of representatives.
D. mat said returns so sealed up trans
inltted, opened anu published, showed that
the whole number of votes cast at said gen-
eral election for the several persons for for
the otice of governor aggregated 2l40yO:
that OF said number of votes so cast for gov
ernor James IL. Boyd received 1881; j. H.
Powers received 70,ls7; L. ID. richards re-
celyed 6S,sIS, and there were scattering
1864; and James h. Boyd, being the person
having the highest number of votes Tor the
ONCE OF governor was by said speaker de-
clared duly elected governor for the term of
two years from the first Thursday after the
hrst tuesday OF January, 1891, and until his
successor shall be elected and qualified And
relator exhibits herewith and makes part
hereof a duly certified and authenticated
copy of said returns
q. That thcreupon the said James f.. Boyd
by the executive officers before they enter
upon their official duties and has usurped
ana invaded the office of governor of Ne
oraska and has unlawfully attempted and
now unlawfully attempts to hold the said
onice and perform the duties of governor of
Nebraska, and will continue TO do so unless
ousted therefrom by the Judgment of this
honorable court.
Z. But the relator further gives the court
10 understand and be informed that the said
IL .at TO- .
said pretended election on the said Tuesday
next succeeding the first Monday Of Novem-
Der, 1870, citizen Of the United States,
anu because re was not, us afore-
sad, then citizen Of the United
States he was not then eligible to the Office
OF governor of this state, and as yet no per-
son eligible thereto has been elected and
qualified to succeed your in nformant; and it is
the bouhden duty of the relator to hold and
continue in the office of governor until some
person eligible thereto shall be elected and
quallhed as his successor; that in truth and
III fact the said James T.. Boyd was born in
ireland, OF alien parents, In about the year
1854; tnat he was brought TO this country
wheh about ten years Of age by hls father
whose name was aud is Joseph Boyd, who
settled in about the year 1874 at GAINESVILLE.
Musklngum county, in the state of Ohio,
Whero he has ever since resided and now re-
SIDES that the said Joseph Boyd, father Of
the SAID James f. Boyd, has never since he
came to this country aud settled at Zanes-
vile, o., resided at any other place
That on March }, lSiH NJ aud during the
February CSi0) term OF the common pleas
court Of said MusMugum county, in the state
OF OHIO, the said Joseph Boyd, a native of
Ireland, aud father as aforesaid of the said
Jarnes H. Boyd, aud when the said James II,
Boyd was about fifteen years of age, In open
court, declared it to be his bona Tide inten.
ton to become citizen Of the United States
and to renouncc and abiure forever all aileg.
lance and fdelity TO every foreign prince, DO
tentate, state or sovereignty whatsoever
and particularly the queen of Great Britain
and Ireland And the following is a true and
full copy of the journal entry from said com
mon pleas court of said Muskugum county,
ONO, showing such declaration OF intention,
to-wt:
The state OF Ohio Muskingum county. S.
IN the common pleas court, February term
copy q jomrnni entry MohHdiasy, March 'is s. lssS
Page ~; This day can!o into open court Will
iau Riches native Of England, aud Joseph
hud on their Ouths respectively declare IL 70
DC bona hdo their Intention 10 become citizens
OF III" nnIied States, and TO reuouuce an ab.