The southern argus., 1892-02-04

a;t;nr sa The question Of prohibition
81 ] considerable figure in the can
W. The result Of the balloting
waved; .aov Boyd, II, 331; Powers, 7O'1s7;
piobards 6s,S78; Boyd's plurality over
powers. 1,1t4. TO all the other state
ofces the republican candidates were
elected
Rovd's victory attracted national at
.on+ion It was the first time demo
M S.at had been elected governor Of
Nobraska. With solitary exception,
j was the first democrat 10
Nshraska elected to state office. In
~ midst OF the ratifications of the
;amous ~ victory there arrived disqniet-
;nr ruror from Ohio. 1t was to the
a#ect that James e. Boyd was not a
o;tizan Of the United States, and was,
therefore, ineligible to the office Of
aorarnor Some one went to Ohio and
made al investigation. The facts
asveloped BY the investigation in
Ohio we're that James =. Boyd's
i,her had declared his intention to be-
55ne citizen Of the United States and
IIt,ken out his first naturalization
mpers in 1874, Immediately after his
arrival in this country. He would have
been entitled to his final papers in iS49,
mt for some reason he failed to secure
tbem If he had then completed the
steps to accomplish his own naturaliza'
ton his sou, James e. Boyd, being
still in his minority would have be-
come citizen at the same time his
father did, the doctrine being that the
allegiance Of minor follows that d
bis father But the elder Boyd never
took out his second papers until 1890
when as q candidate for some unim
portant Office in the little city where ht
lived he was confronted with tht
charge that he was not citizen. Hi
son was then candidate for governo
Of Nebraska. The elder Boyd, as sool
as the charg2 was made that he wa
not citizen, settled the matter 50 ia
as he was concerned by securing hi
final papers in 1890. These brough
to him full citizenship beyond ques
ton. But it was maintained tha
James L. Boyd was not citizen 9
the United States because he al
tanned his majority before his fathe
became citizen. This being true, tn
argument was then advanced tha
James E. Boyd, ia order to become
citizen must file a declaration of his in
tention to that effect, take out his frs
papers and after the lapse Of five year
take out his second papers.
John Nj. Thayer had been electe'
governor Of Nebraska I'm 1855 On TN
republican, ticket by nearly $4,000 m;
ioFity, and in 1855 by 10000 majority
running 10, 900 behind his ticket Th
election of Boyd as governor and tn
charge that Boyd was born in Irelan
and had not been naturalized, ful
nished Gov Thayer with chance {
hold longer to the office Of governor
lie refused to vacate his apartments j
the state house, but was compelled t
surrender. However, he at once inst
tuted quo warranto proceedings in tn
supreme cour5 OF the state to tes
Boyds eligibility, claiming incidental
his own right to the office I'll
court decided that Boyd was not eligib'
and retained Thaycr Boyd was oustet
but he took an appeal to the suprem
court Of the United States, which h;
decided that James Z. Boyd is citize
Of the United States and eligible to Il
gOvernorship of Nebraska.
All the justices except Justice Fiel
concurred in the conclusion that Boy
was citizen of the United States ar
EMIT ca to the office of governor
Nebraska Justices Harlan, Gray ar
Brown concurred in that part of tn
opinion which held that Boyd was
citizen because, from the record
the case, it must be considered
established that Boyds father, ha
ing exercised all the rights of
citizen, had in fact, in 1854, taken o
his final naturalization papers. T.
court also hell that there was such
thing as collective naturalization: th
the enabling act of Nebraska cons
tuted naturalization Of all the inha
itants Of Nebraska at the time of
admission. except such as desired
retain foreign rights, aud that Boy
exercise of various offices showed
intention to become a citizen Opini
BY Chief Justice Fuller.