Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1891-05-15

Says no beiieVes re - = CitiZen OF
the United states.
The Nebraska Boyd-Thayer Contest
Decided.
LINCOLN. Neb., May 6.-The great
Boyd-Thayer contest ended at 4:30 yes
terday afternoon by the supreme court
declaring that Thayer is governor and
by ousting Boyd. The opinion was
handed down by Judge Norval. a
brother of Dick NorvaL attorney for
Governor Thayer. The opinion was
concurred in by Chief Justice Cobb.
Justice Maxwell, however, handed
down dissenting opinion couched in
the most emphatic language. in which
he declared that under the enabling
act Boyd became a citizen of Nebraska
| and was one when he was nominated
for governor and when he qualified for
! that position.
Judge Maxwell's opinion comprises
nearly Thousand pages. The follow
ing is the syllabus of the opinion
handed down ny Judge Norval:
State ex REL Thaycr VS.. Boyd quo
warranto. Judgment of CUSTER The
supreme court has jurisdiction to en-
tertain proceedings by information in
the nature OF quo warranto instituted
for the purpose OF determining the
rights OF persons claiming the office OF
governor. Under the provisions of
section 2, article 3, of the constitution,
no person is eligible to the Office of
governor who has not been a citizen OF
the United States and OF this state for
at least two years next preceding the
election at which such officer is 10 be
chosen. Where plurality of votes
are cast for person for public Office
who is Ineligible the election Is void.
Under the fourth section of the act of
| congress, entitled AN act to establish
an uniform rule OF naturalization. ~
approved April IA, 1902, the child OF
an alien under twenty -one-years of
age, although born in foreign coun-
try, becomes n citizen by the naturali-
Aation OF his parent if dwelling within
the United States at the time the par
ent is admitted 10 citizenship, but it
does not have the effect il he is over
twenty-one years old at the time the
parent is naturaliZed. The order of
court admitting an alien to citizen
ship is judicial act in the nature of
a Judgment and can be proved only by
the record. The fact that an alien has
Tor ut
In this state and filled important public
offices dues not establish that he is q
citizen of the United States. Where
an allen is naturalized under the nat
urallZation laws his citizenship dates
from the time the order OF the court is
made admitting him to citizenship. The
alien inhabitants OF the territory of
Nebraska at the time OF its admission
as state did not become citizens Of
the United States by virtue OF the acts
OF congress admitting the state into
the union. The words ..citizens of the
United States" as used in section 9 of
artlcle OF the state constitution is con-
strued to mcau n person who is an
American citizen by birth. or person
OF foreign birth who has been duly
naturalized under the provisions Of the
Uniform rulc of naturalization estab-
llshed by congress. Under section
OF article B OF the constitution a per-
son elected to the Office OF governor is
entitled to discharge the duties and re-
ceive the emoluments OF the Office for
the term OF two years from the first
Thursday after the first Tuesday in
January following his election and
until successor is duly elected and
qualified. Where the person receiving
the highest number OF votes for the
ONCE OF governor is ineligible under
the constitution TO be elected the gov
ernor holds over. The duties OF the
chief executive office OF the state de-
wolves upon the lieutenant governor in
certain contingencies, among which
are the failure of the governor-elect to
qualify and the disability OF the gov
ernor. 1t cannot be said that there has
been failure to qualify where no per-
son has been constitutionally elected to
the of1ice, The words ''other disabil-
tiles of the governor" appearing in
section l6, article 5, OF the constitution.
have no reference to the ineligibility OF
the person TO be elected but covers any
disability OF the governor not specifi-
cally enumerated in the section, and
occurring after the commencement OF
his term Of Office. Held, that when
the non-election Of a person to public
office is ascertained by the proceedings
in quo warranto the person entitled to
hold over must then qualify.
The opinion had no sooner been
handed down than Thayer Immediately
filed his bond with the secretary of
state. AS the matter is federal cues
ton it Is reported that Governor Boyd
will appeal the case TO the supreme
court of the United States.
About an hour after the opinion was
handed down writ OF custer was