Omaha daily bee., 1891-01-14

erIgnty whatever, and particularly the queen
OF Great Britain ard Iceland
X SrILLwELL. Presiding Judge.
And your informant has and exhibits TO
the court n duly certified transcript OF the
said record entry as found on page 1877 of said
Journal, volume "Tn
8. And relator further gives the court 10
understand and be informed that the said
Joseph Boyd, father aforesaid Of said James
T.. Boyd, never while the sau James f.
Boyd was under the age Of twenty one years,
applied to he admitted to become a citizen Of
the United States and was never naturalizcd
and never did become n citizen of the
United States while the said James II.
Boyd was under the age Of twenty -one years /,
that at in and during the October (lSW)
term of the said common pleas court held
within aud for the county OF Muskingum, in
the state of Ohio, and never before and not
until after the said James f.. Boyd was up
wards of twenty-one years of age, and not
until he was OF the age Of fifty.six years, the
said Joseph Boyd, native of Ireland, and up
TO that time and then subject of the queen
of Great Britain and Ireland, appeared in
open court and made application to be ad
mitted to become a citizen OF the United
States and proved to the satisfaction eff the
court that he declared his intention to become
citizen of the United States on the fifth day
OF March, lS49, before the court OF common
pleas of Muskingum county, Ohio, and also
produced his certificate Of such declaration
and intention, an that he had resided within
the limits Of the United States five years
then last past, and for one wear at least then
last past within the state of Ohio, and that
during that time he had behaved as man of
good moral character, attached to the prin-
ciples of the constitution Of the United
States and well disposed to the good order
and happiness Of the same; and thereupon
the said Joseph Boyd made solemn oath that
he would support the constitution Of the
United States, and that he did absolutely
and entirely renounce and abjure all allie
glance and fidelity 20 every foreign prince,
potentate, state or sovereignty, and particu-
larly TO Great Britain and Ireland, and
the Queen of England, whose subject he
then was. And the court being then salts
fled that the SAID Joseph Boyd had complied
with the laws of the United States relating
to the naturalization of aliens, it was ordered
that he be and he then was, admitted to be-
come a citizen of the United States, and
certificate was then issued to him. And be-
lore that time he bad never been and was not
citizen of the United States And the fol-
lowing is a copy of the journal entry from
abe records of the common pleas court of SAID
Muskingum county, Ohio, showing such APP
7lication of the said Joseph Boyd, to be ad-
pitted to become citizen and his admission
10 citizenship of the United States, to-wit:
The state of Ohio, Musklngum county.
In she common pleas court, October term,
1s0l. Journal volume AZ, page i45. Certified
copy or Journal entry.
Joseph Boyd and Joseph Fcller, aliens and ma
tves of Ireland and England, respectively,
TO be admitted to become citizens of the
United states and prove tO the satisfaction of
the court that they declared their intention
to become citizens OF tho United States March,
1S49, before the court of common pleas of Mus
kingum county, and on September 10, 1888, be-
fore the probate court of said count. respect
ively; and also produced their certificate of
snch declarations of intention and said appli-
cants further proved to the satisfaction OF the
court that they had resided within the United
States 1--WE years last past and for one
year at least last past, within the state of
Ohio and during that time they had behaved
as men of good moral character attached to
the princ pies OF the constitution OF the United
States. and well disposed to the good order
ana happiness OF the same, and thereupOn the
said Joseph Boyd and Joseph F5ller made SOL
emn oath; that they would support the con-
stitutiOn OF the United States, and that they
do absolutely and entirely renoupce and ad-
1ure all allegiance and fidelity to every for
eign prince; potentate, state OF soverignity;
and the queen OF England respectively, whose
subjects they were. And the court being sat
1siied that said Joseph Boyd and Joseph Feller
respectively have complied with the laws of
the United states. relating to the naturaliza-
hereby are admitted to become citizens of the
United States, and that certificates thereof be
Issued to them
GEORGE L. PHILLIPs Judge.
state OF Ohio. Muskingum County-ss.
i, Vincent Cockns, clerk OF the common
whose custody the files, journals and records
or SAID court are required by tho laws of the
state OF ONO 10 be kept, hereby certify that
the foregoing Is taken and copied from the
Journal and proceedings OF the common pleas
court with and for said county. and that
with the original entry on said journal 4s,
page l4a and that the same is IL correct tran
script thereof
In testimony whereof, do hereby subscribe
my name officially and afix the seal of said
court at the court house In GAINESVILLE, in said
county, tMs 2yth day or December, A. d. 1890.
VINCENT COCKINS, Clerk
And the relator has and exhibits to the
court a duly certified transcript of the said
record entry, as found on page las of said
Journal volume 42,
9. And the relator further shows that care
1ul and diligent search has been made by the
clerk of the court of common pleas Of said
Muskingum county, Ohio, through all the
records Of his said Office, and that the only
record or journal entry in any shape or form
In said court, and in the records thereof
or concerning the declaration of intention to
become, and application of the said Joseph
BOYD to be admitted a citizen of the United
States, in said office, is found upon page 1877
OF journal 'T' and upon page l45 of journal
~; and the only record or journal entries In
said office, of the naturalization of said Jo-
seph Boyd is found upon said page 145 of
SAID journal No. AZ and that said two entries
constitute the only and entire record of the
naturalization of said Joseph Boyd as shown
by the records and journals OF said court
And the relator exhibits and shows to the
court the certificate Of the clerk of said court
duly signed, ana made under oath, showing
such facts.
10. And the relator further shows that the
said James u. Boyd has never at any time
declared his intention to become a citizen of
the United States, nor has he ever made ap-
plication to be admitted as citizen of the
United States; but he has ever remained an
alien and II subject TO the queen of Great
Britain and Ireland. And relator saws, by
reason OF the premises and by reason of the
legal disqualification of the said James e.
BOYD to hold the sail Office of governor the
said election for governor was and is null
and void.
IL. And the relator further shows that not
withstanding the fact that the said James d.
BOYD was and Is ineligible to the Office of
governor as aforesaid, and notwithstanding
the fact the relator Is bound to continue in
and hold the office of governor aud is
entitled to the peaceabe and undis-
turbed possession Of the Office of governor
and the furniture and records thereof
yet the said James Il. Boyd has usurped and
Invaded the office Of governor OF Nebraska
unlawfuny, and has unlawfully undertaken
to perform the duties Of said office. And the
relator has refused and refuses for the rea-
son herein before stated to surrender said
office to said defendant and will not do so un-
less required so to do by the Judgment of this
honorable bourt upon due hearing had
wherefore, the said John NJ Thayer prays
Judgment that the defendant James E.
BOYD, be declared not emitted to said Office