Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1891-05-16
The Opinion of the Court.


The opinion OF tho court was rem
dered by Justice Norval, Chief Justice
Cobb concurring, briefly as follows:
!. State ex rel. Thayer VS.. Boyd, quo
warranto; judgment OF custer. The SUI
preme court has jurisdiction to entertain
proceedings by Information in the nature
Of quo warranto, instituted for the pur-
pose of determining the rights of the per.
sons claiming the Office of governor.
z. Under the provisions of section 2
article 4, of the constitution, a person Is
not eleigblc to the Office Of governor who
has not been citizen of the United States
and this state for at least two years next
preceding the election at which such Of
fcer is to be chosen.
3. Where a plurality of votes are cast
for a person for public Office who is incl
igible the election is void.
4. Under the fourth section OF tho act Of
congress entitled IAN act to establish a
uniform rule of naturalization" approved
April IL, 1902, the child of au alien under
2l years Of age, although born in a foreign
country, becomes q citizen by the natural
ization 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 naturalizej.
The order OF the court al Uniting an allie n
to citizenship Is n judicial act in the nature
Of Judgment, and can be proved only by
the record.
o. The fact that an alien has for many
years voted at elections held in the state
and filed i'm portant public Offices does not
establish that lac is q 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
:. The allen inhabitants OF the territory
OF Nebraska at tho time of it's admission
.ssss 4sa net lsssas.s s ss,;:s .,s's
gress admitting tho state into the union
2. The words "citizens of the United
States" as used In section 2 of article of
the state constitution, are construed to
mean q person who is an American citizen
by birth or a person OF foreign birth who
has been duly naturai!zed under the pro-
visions of the uniform rule of naturaliza-
tion established by congress
10. Under section | of article 3 of the
constitution a person elected to the Office
of governor Is entitled to discharge the
duties and receive 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 n
successor Is duly elected and qualified.
IL. When the person receiving the high
eat number Of votes for the Office Of gov
ernor is ineligible under the constitution
to be elected the governor holds over
12. The duties OF the ch!of executive
Office of the state devolves upon the lieu
tenant governor in certain conting gencies,
among which are the failure Of the gov
ernor- elect to qualify and disability Of the
governor. 1t canuot be said that there
has been failure to qualify where no per.
son has been constitutionaliy elected to the
Office.
Is. Tho words 'other disabilities OF tho
governor" appearing in section l6, article
| 81, OF the constitution, have no reference 20
the ineligibility of the person to be elected
but cover any disability OF the governor
not specifically enumerated In the section
| occurring after the commencement Of his
term of Office.
IA. 1t 10 held that when the n on election
| of person to public Office is ascertained
| by proceedings In quo warranto the par
son entitled to hold over must then re-
qualify.
Judge Maxwell filed q dissenting
opinion. taking the ground that Boyd
was made citizen by the enabling act,
being a citizen OF tho territory az tho
time Of tho admission OF the territory
into the union. The case will be taken
by Governor Boyd to tho supreme court
of the United States, but the court re-
fused to grant him a stay Of proceedings.