St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1892-02-02

~ DCCOulC a ClIlZCl vi LIl6
United States, though his father had;
and that because, as alleged, his tatI e.
had not completed his naturalization be-
fore his son attained his majority, the
latter cannot be held to have been made
a citizen by the admission of Nebraska.
On this portion the court quotes from
the acts of 1890, 1875 and 1902, tn;
minor children of naturaliZed parents
shall. at the age of twenty-one years,
be deemed to be citizens. The statutes,
it says, leave much to be desired with
reference to nationality laws and the
status of minors whose parents declare
their intention, but do not take out
final papers before the children reach
twenty-One years of age.
Clearly minors. the court says, acquire
an incAoate status by the declaration of
intention on the part of their parents.
If they attain majority before the par
eat completes naturalization, they have
a right 10 repudiate the status and ac-
cept foreign allegiance, rather than hold
fast to the citizenship which the par
ent's act has initiated for them. Ordl-
narily the minor makes application on
his own behalf for naturalization, but it
does not follow that an equivalent may
not on occasion be accepted in lieu OF
technical compliance. The history of
Boyd is then traced, his voting in Ohio
in 1855 under the belief and assurance
from his father that he (the father had
taken out his final papers. Then is
traced
BOyd.s Kong Career
in Nebraska. as voter, an office-holder
and soldier against the Indians, with
the view of showing that for over thirty
years Boyd had enjoyed all the rights of
citizenship. The hardship of the
pioneers is briefly referred to, and the
court says: The policy which sought
the development of the. country by in
viting the participation in citizenship of
those who would engage in the labors
and endure the trials of frontier life.
which has SO vastly contributed TO the
uneXampled progress of the nation, justi
fed the application of liberal rather
thaD technical rule in the solution of
the question before u.s."
Under the circumstances. James E.
Boyd. the court says. is entitled to claim
that If his father did not complete his
naturalization Hbefore Ehis Hson had:at-
tanned majority, the son cannot be held
to have held the inchoate status he had
acquired by the declaration of intention;
on the contrary, that the Oaths taken
and his action as q citizen entitled him
to insist upon the benefit of his fathers
act and placed him III the same position
his father would have occupied if he
had emigrated 10 the territory of Ne
braska; that, in short, he was within
the intent and meaning of the acts of
congress in relation to citizens of the
territory. and was
Made Citizen
of the United States and of the state of
Nebraska, under the organic and en-
aiding acts and the act of admission.
The court holds ON the authority of
Justice Miller. in Mitchell VS.. Clark.
that it has the right to determine for it
self the surficiency of the allegation,
and that il is not concluded by the view
taken by the Nebraska supreme court.
1t is true, it says, that under the natural
iZatiOn laws, naturalization can only be
completed before court, and that the
usual proof of naturalization is copy
of the courts record.
But citing Blight versus Rochester
and Hogan versus kurtZ, the court says
il Is equally true that where no record
of naturalization can be produced, evil
deHee that person having the reQuis-
ite qualifications to become citizen
did in fact and for a long time vote and
hold Office and exercise rights belong
ing to citizenship is sufficient to war
rant jury in inferring that he had
been duly naturallZed as a citizen.
Such being the settled law, the court
says. there can be no doubt that the
fact that Boyd's father became a natur-
allied citizen before October, 1854, is
we'll pleaded in Boyd'S answer and is
therefore admitted by the demurrer on
behalf of Thayer.
Specific Allegations
on the time and place and court of nat
uralization would have been superfluous
and in view of Boyd's imperfect inform
alton, as manifest upon the face of the
answer of a transaction taking place
long ago, hardly possible. Under the
allegations made, jury, the court holds
would have been warranted in inferring
that ROyd'S father became citizen of
the United States before 1854 and conse-
quently that Boyd himself was citizen.
For this reason, without regard to any
other question argued in the case. the
court says Boyd was entitled to
judgment upon the demurrer. justices
Harlan, Gray and Brown concurred
in the conclusions of the court for
this reason only. The courts order
reads as follows: The judgment of the
supreme court of Nebraska is reversed
and the cause remanded to be proceeded
in according to law and i'll conformity
with this opinion.
Unless the Nebraska courts should of
their own accord, depart from the usual
custom, Gov. Boyd will not be reinstated
in Office before March at the earliest.
EX-Attorney General Garland asked for
a mandate from the court this after
noon, but Chief Justice Fuller said that
the court could not depart from its usual
custom and would not issue mandate
before the usual time, unless notice of
intention be given the other side. The
motion of Mr.. Garland was therefore
denied. As the court today adjourned
until Feb. 80, this action of the court
will have the effect of delaying the
courts order until after its reassembling.
GOV. BOYD's OPINION.