Wessington Springs herald. (Wessington Springs, Aurora County, Dakota [S.D.]) 1883-1891, 1891-05-15
FRON BOYD TO THAYER.
NEBRASKA CHANGES ExECU-
TIyES I'M SHORT ORDER.

The supreme Court Holds Against Boyd's
citizenship, and He is Relieved From
Of,icial Carc-Gov. Thaycr Proceeds to
t;oycru-Thc Case Will BE Appealed.
Another peaceful revolution has been
accomplished in Nebraska, and Gen.
John NJ. Thaycr is again governor OF
the commonwealth. The supreme court
on Monday afternoon handed down its
opinion in the ThayerBoyd quo war;
ranto case, granting the writ and enter
ing a Judgment of custer against BOYD.
AS soon as possible after the writ OF
custer was prepared, Gov. Thayer filed
the bond required with c. w. Mosher,
r. c. Outcalt and II. I. Oxford as
surieties and took the oath of office be-
fore Chief Justice Cobb. The writ was
then placed in the hands of Deputy
Sheriff Hoxie, and that officer, with
Gov. Thaycr and his attorneys and
friends, proceeded to the executive
office, where the writ was served upon
Gov. Boyd. The governor was not OK
pccting such summary proceedings, and
was greatly surprised. AS soon us he
had read the writ he said:
Gentlemen, recognize the supremacy OF
the law and am ready to turn the office over
to my successor. but would like an oppor-
tunity to consult with my attorneys. They
are ut the hotel and have sent for them.
Gov. Thayer's attorneys, Judge Mason,
Judge Blair and Gen. Webster, said that
so far as they were concerned they were
perfectly willing. but the execution OF
the writ lay with the officer. Deputy
Sheriff Hoxic said that there was but
one thing for him to do, and that was to
obey the order of the court. serve the
writ and put Gov. Thaycr in possession
of the office, which he proceeded to do.
Presently John D. Howe, one of Gov.
Boyd's attorneys, came and applied to
the supreme court for a stay OF proceed
ings pending the preparation OF the
transcript and the bill of exceptions, but
this was denied. Gov. Thayer took
formal possession of the office. Adit.-
Gen. Vifquan rendered his resig-
nation and cx-Adj.-Gen. Cole
was rc-appointcd. Gov. Thayer
has appointed his son, John NJ.
Thayer, jr., as private secretary and j.
E. Ferris as executive clerk.
The opinion of the court was rendered
by Justice Norval, Chief Justice Cobb
concurring, briefly as follows:
/. State ex rel. Thayervs. Boyd, quo war
court has jurisdiction to entertain proceed
ings by information in the nature of quo
warranto, instituted for the purpose of de-
termining the rights of the persons claim
ing the Office Of governor.
9. Under the provisions of section 2,
article 4. of the constitution, q person is
not eligible to the Office OF governor who
has not been q citizen of the United States
and this state for at least two years next
preceding the election at which said officer
is to be chosen.
3. Where plurality of votes are cast for
Il person for public Office who is ineligible
the election is void.
4. Under the fourth section of the act of
congress entitled San act to establish q
uniform rule of naturalization, approved
April IA, 1902, the child Of an alien under 81
years of age, although born in a foreign
country. becomes a citizen by the naturaliz-
alton of his parents. if dwelling within the
United States at the time the parents are
admitted to citizenship; but it does not
have that effect if he is over 81 years old at
the time the parent is naturalized. The or
der of the court admitting an alien to citi-
Zenship is Il judicial act in the nature OF q
judgment, and can be proved only by tho
record.
6. The fact that an alien has for many
years voted at elections held in the state
and filled important public offices docs not
establish that he is Il citizen Of the United
States.
z. Where an alien is naturalized under
the naturalization laws his citizenship dates
from the time the order OF the court is
made admitting him to citizenship.
s. The alien inhabitants of the territory
of Nebraska at time of its admission as a
state did not become citizens OF the United
States by virtue of the acts OF congress adj
hitting the state into the union.
o. The words "citizcns Of the United
States rs used in section 2 of article 4 al
the state constitution. are construed tc
by birth or person of foreign birth who
has been duly naturalized under the pro-
visions OF the uniform rule OF naturaliZa-
ton established by congress.
10. Under section of article of the con.
stitution a person elected to the office Of
and receive the emoluments of the Office fol
the term of two years from the first Thurs.
day after the first Tuesday in January fol.
lowing his election and until 4 successor i:
duly elected and qua1ifed.
IL. When the persons receiving the high.
est number of votes fer the office of gov.
ernor is ineligible under the constitution tc
be elected the governor holds over.
IL. The duties of the chief executive Office
Of the state devolvcs upon the lieutenant.
governor and in certain contingencies
among which arc the failure of the governor.
elect to qualify and disability of the gov.
ernor. 1t cannot be said that there ha
been a failure to qualify where no person
has been constitution:lly elected TO Tho
Office.
| 10. The words ''other disabilities of thu
governor appearing in section 1G. articI,
So. Of the constitution have no reference I.
the ineligbilty OF a person to be elected
but cover any disability of the governor no
specifically enumerated in the section oc
curing otter the commencement OF Iii
| term Of Office.
il. 1t is held that when the election
of Il person TO IL public Office is asccrt;linct
by proceedings in quo warranto the persci
entitled to hold over must then rcuuaify.
Judge Maxwell filed dissenting opn
ion taking the ground that Boyd wa
made Il citizen by the enabling act, be
ing !; citizen of the territory. at the tim
OF admission of the territory into TIN
union. The case will be taken by Gov
Boyd to the supreme court OF the Uni,ct
States, but the court refused to gran
him a stay Of proceedings.
| A Court House Burned.
The temporary frame structure use.
by Hayes county as court hous
burned at Hayes Center. together witt
all the county and court house record
except the real estate papers, which
were saved. The flour and feed store @