The World. [volume] (Martinsburg, W. Va.) 1891-1896, 1892-02-02
BOYD IS GOVERNOR
The Nebraska Contest Settled BY Ike
Supreme Court.
THlYER MUST STEP DOWN ASDouT

4ue lcNtAtOn OF Nuo supreme Cuurt
Of Nebraeka overr0icd. Justice
Field Alone Dissenting the Anti.
Lottery Law Declared Conssitn-
tional.
WASHINGTON Feb. 2.-The United
States supreme court. III an elaborate
opinion by Chief Justice Fuller. held
that james Z Boyd Il citizen 81 tho
United States and was citizen tot two
years preceding his election as governor
OF Nebraska, and that. consequently
he Is entitled to the Office. and that John
NJ. Thayer. the hold over governor, who
denied the right Of Boyd 10 succeed him.
must give way. All the Justices OF the
court except Justice Field united In the
conclusion that the United States sll.
preine court had jurisdiction Of the case.
he Question az Issue.
The main question 10 the case, and on
which the decision hinged. was whether
Mr.. BOYD became q citizen Of the United
States without taking out naturalization
papers, his father, British subject.
never having become fully naturalixed.
although he had declared his intention
70 take out the necessary papers. The
elder Boyd came to this country from
Ireland when his son, the plaintiff IN
the present case. was a mere child. They
settled III Ohio and the father gave
notice Of his intention to become citi-
zen. He failed, however. 10 become
naturalized. The son went to Nebraska
when it was territory, and was one OF
the foremost Of those pioneers who de-
yeloped it. He held several public
offices, fought In the Union army during
the late war and was member of the
committee that framed the constitution
after 1t was admitted into the sisterhoDsl
OF states.
No one questioned Mr. Boyd's right To
vote and to exercise all the other priv
leges of citizenship. and It was not until
after he had served some time rs gov
ernor of the state having been elected
on the Democratic ticket, that the ques.
ton concerning his citizenship was
raised. A long controversy ensued as til
whether Boyd or the former governor,
Thayer, was entitled To the seat. The
case was finally carried to the supreme
court OF Nebraska, md the court decided
that Boyd, not, being citizen, had NOT
been elected, and that Thayer should
hold Office until his successor had beer
elected. This decision il reversed by tile
federal supreme court.
Justice Field Dissente.
/ Justice Field, in dissenting opinion,
said he thought the supreme court had
| no Jurisdiction III determine ii disputed
question as 10 the right to the governor.
ship Of q state, however the question
may be decided by it's authorities, right
or wrong. The power of the general
government to interfere with the admin
istration of affairs of state and its off.
GERS extend only so far MS may he necps-
sary to secure 10 1t q republican form Of
government or to protect against an in
Vasion and domestic violence. Howcould
this court, In case Of refusal OF the in.
cumbent to vacate his office. enforce its
ordera An attempt to do SO by force,
the Justice said, would not be- sustained
by the executive, Or BY congress III the
| people.
The supreme court also npholds the
constitutionallty of the recent anti lot.
terry act OF the last congress, affirming
the decision in the case Of Deyne and
Rapier, the publishers of the New Or
leans States and Mobile Register, who
were indicted on charges of sending
through the mails newspapers contain
ing lottery advertisements. BY common,
consent the cases were made test aiits
as To the constitntionality Of the law.
y