St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-01-10
TWO LIVE GOVERNORS
And a Third One Claiming the
Office in Nebpaska'S Hot
Capital.
like Andrew Jackson, Thayer
SWears He Will Defend
the Constitution.
South Dakota Legislators Aim
Resolutions at Pettigfew
and Moody.
Montana Political Combat
ants Trying to Patch Up
a Compromise.

LINCOLN, Neb., Jan. 9.-Nebraska has two
governors and a third man claiming the
Office The Legislature and supreme court
are moving but slowly toward solution OF
the difhculty, and meantime all kinds OF con
1iicts of authority are taking place. The sit
nation is unioue. and new developments of
less sensational nature are taking place
hourly Yesterday the Legislature opened
the returns and found James L. Boyd, Dem
ocrat, elected governor. This was done IN
spite of the violent opposition OF the major
ity, who evidently wished to count in the
Alliance candidate, Powers Mr. Boyd was
sworn, but Gov Thayer. refused to vacate the
Office, declaring that Boyd had never been
naturalized and was, therefore, ineligible.
The old governor fortified himself in his Of
fee, sleeping there through the night under
guard of a company of militia and number
of special officers. He held the fort without
opposition, and this m orning the board of
public lands and buildings met and assigned
Gou. Boyd headquarters in another part OF
the building. He Immediately assumed pos
session, appointed j. G. Higgins of Grand
Island, private secretary, and began acting
as secretary. The first
Conflict of Authority
took place this afternoon, when kilograms
were received by member of the legislature
and transmitted to GOV. Boyd stating that an
Indian outbreak would take place in the
northern part OF the state tomorrow ana
asking that militia now at the front be placed
10 repel the attack. Gov. Boyd ordered AdJt.
Gen. Cole 10 make preparations for the out
break, but Gen. Cole refused to obey,
stating that he would take orders
fee fee of adjutant general was at
once declared vacant and soon after Gov.
Boyd appointed Gen. Victor Vifquain to the
position. The state forces OH the frontier
now have two commanders and II is 1mpos-
Eible to tell which they will obey. The jani-
tors of the state house and the mail carrier
Lane have gone over TO Gov. Boyd, ana IL is
said that gas and steam will be turned Or
Gov. Thayer's office. To-day Gov. Thayer
petiuoned the supreme court for VIII OF
quo Warranto to determine the position or
Gov Boyd The court answered informally
that no decision would be made until next
Tuesday. AS to the jurisdiction of the court
in the premises GOV. 1hayer makes tne Iol-
lowing statement:
Thayer TO the People.
'"To whom it NAV concern, my position is
exactly this: There is personal conviction
that Mr.. Boyd is not citizen of this state;
that although he has lived here for many
years he owes allegiance to foreign power
desire this matter TO be tested before the
supreme court for ii is judicial question.
If he is ciuzen it is a very easy matter Tor
him TO prove the fact. If he is not citizen
that fact should be established. Article D,
section of the State Constitution of Ne
braska is in the following words:
Persons Inehgible-No person shall be
eligible TO the Offices of governor or heuten-
ant governor who shall not have attained
the age of thirty years, and been Tor two
years next preceding his election citizen OF
the United States and of this state.
Language cannot make this provision any
stronger. / have sworn to support the con
stitution, and il is my duty to prevent so far
as it is in my power person who owes allie
glance to q foreign government becoming
governor of Nebraska. If the proper tribunal
should decide, after investigation, that Mr..
Boyd is eligible to the position, | will lmme-
diately transfer the Office TO him. am ad-
Vised by high legal authority that it is my
duty TO defend the constitution.
John N. THAYER."
ROyd a Citizen.
Gov. Boyd has nothing to say about his
case, except that he knows he is citizen,
has been legally elected and qualified and IL
tends to act at all hazards. He issued
FequiSitiOn for q prisoner Today and per-
formed other official acts. His friends claim
that. even If MIR. BOYD was not legally nat
uraliZed citizen, he is nevertheless citizen
of the United States, because he was cit
izen of the territory of Nebraska, and when
the state was admitted into the Union all of
Its citizens were invested with full citizen
ship. Others say that it is the design to take
the Office and keep the case in the courts
during the greater part of his term. Intense
interest is felt in the situation. but all parties
remain cool and are determined that there
EhaIl be no disturbance pending othc1al set
Uement of the controversy.