The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1891-05-16
THE BOYD CASE.

Associate Justice BREWER, Of the United
states supreme court has allowed the writ
Oh error in the case of the contested COVER
norship of Nebraska. The case will of
course be advanced and argued and de-
cided at an early day. We also believe it
VIII be decided in favor of Mr. BoYp, who
was recently ousted on the ground that he
was not citizen OF the United States. 1t
Is pretty generally believed that the in.
nuence of partisan politics had something to
90 with forming the decision of custer, the
NeDraska supreme court being Republi-
can oody and MIR. BOYD Democrat But
whether or not politics had anything to do
with the case it is important that the ques-
ton involved should be definitely deter
mined by tribunal whose ruling will be
maj. 1t IS Important because not few
men who believe they are American citi-
zehs are In precisely the same fix as Mr.
BOYD. They have for years been voting
ana holding Offices and if they are not citi-
zens 1t Is clear that they have been doing
these things illegally
Mr.. BOYD was not born in this country
ana ms father did not become citizen be-
lore Inc young man reached his majority.
BOYD, however, was a resident of Ne.
oraska when the territory was admitted
INTO the union as state, and he and others
nave always held that the congress
slohal act admitting the state made him
ana all alien-born residents of the
territory citizens. He has acted upon this as
SUMPTION during all these years. has voted
regularly without being challenged and
mas helo Offices one Of the qualifications of |
winch was American citizenship. At the |
election last year he was the Democratic |
candidate for governor, and was duly |
elected, his plurality being LA. There |
were three candidate as follows: BoYD. |
1881; POWERS, Independent, 7O,1S7, and
RICHARDS, Republican, 6S,S7S. The votes
oelhg counted and the result declared
IHAYER, the governor, took it upon himself
TO declare that BOYD was not a citizen and
therefore could not hold the Office, which
oeing true, THAYER would continue as
governor. The latter part of Governor
claim was correct in law
because ii BoYD had not been elected GER
lalnly none of the others had been. as the
iisquallhcatlon OF the plurality candidate
would not elect the minority candidate,
ne law says that the governor snail hold
'mce until his successor shall be elected
ind quaIlted. However, the court promntlv
lecloed that the governor was not qualified
% pass upon the rightfulness of Mr..
oofD's claim to the Office; that on the face
u tne returns BOYD had been elected and
ne once must be surrendered to him until
should be demonstrated in a proper fri
,unal That he was disqualified. TBAyER
nere!ore stepped down and out, and BoYD
vas lnaugurated, whereupon the former
instituted the proceedings which have inst
esuIted IN the order of custer and the
ontnuance OF Governor THAYER, whose
uccessor has not been duly elected
no qualified. We say we believe the
In1ted States supreme court will decide 7
laVof OF Mr.. BOYD, saying that the
act made him and all other resi-.
ents OF Nebraska at the time of it's nas-
age, citizens of the state and of the United
tates.
But whatever the court may decide, this
Use presents valuable lesson which
lould be needed by political parties and Y
individuals. In almost every election 4
hlch occurs the qualifications of some of
10 candidates are called in question. 1t is .
Isy enough to avoid these controversies
reasonable inquiry beforehand. 1t is
Ut difficult to determine whether or not
man Is a citizen, or whether he is other 4
Use qualified for the Office to which he is
and when the matter cannot he
tiled beyond doubt, another man should
taken, and the chance for voidinp the
ectlon taken away. Neither BoYD nor
9 Democrats have any right to complain; a
at Is to say, the Democrats who were
ware OF the doubt as to his citizenship q
mot complain, and he can blame onlv
mself. He could easily have become a
LIEN at any time during the past twenty
ars, and being prominent man he should
We seen to it that he acquired citizenship
lore involving himself and his party in
Infusion.
DEMOCRATIC CLUBS. VI