Baxter Springs news. [volume] (Baxter Springs, Kan.) 1882-1919, 1892-02-06

WIZ naLeu y. II. TOWerH
JAMES Z BOYD. The campaign was
exciting. The question of prohibition
cut considerable figure in the can
vass. The result of the balloting
showed: Boyd, II, 1871; Powers, 20. 1s7;
Richards. 6s,S7s; Boyd's plurality over
Powers, 1,144. To all the other state
Offices the republican candidates were
elected.
Boyds victory attracted national at
tention. It was the first time demo-
crat had been elected governor OF
Ne braska With solitary exception,
he was the first democrat in
Nebraska elected to state Office. In
the midst OF the notifications OF the
famous victory there arrived disquiet-
ing rumor from Ohio. It was to the
effect that James E. Boyd was not q
citizen of the United States, and was,
therefore, ineligible to the office OF
governor. Some one went to Ohio and
made an investigation. The facts
developed by the investigation in
Ohio were that James Z. Boyd's
father had declared his intention to be-
rome q citizen of the United States and
had taken out his first naturalization
papers in 1914, immediately after his
arrival in this country. He would have
been entitled to his final papers in is49,
but for some reason he failed to secure
them. II he had then completed the
steps to accomplish his own naturaliza-
ton his son. James E. Boyd, being
still in his minority would have be-
come a citizen at the same time his
father did, the doctrine being that the
allegiance of minor follows that OF
his father. But the elder Boyd never
took out his second papers until 1890,
when as a candidate for some unim-
portant Office in the little city where he
lived he was confronted with the
charge that he was not a citizen. His
son was then candidate for governor
of Nebraska. The elder Bovd, as soon
as the charge was made that he was
not a citizen, settled the matter so far
as he was concerned by securing his
final papers in 1890. These brought
to him full citizenship beyond ques-
ton. But it was maintained that
James E. Boyd was not citizen OF
the United States because he at
tanned his majority before his father
became o citizen. This being true, the
argument was then advanced that
James E. Boyd, in order to become q
citizen must file declaration OF his In
tention to that effect, take out his first
papers and after the lapse Of Ave years
take out his second papers.
John NJ. Thayer had been elected
governor OF Nebraska in 1885 on the
republican ticket by nearly Is. 200 ma
iority, and in 1888 by $4,000 majority,
running 10, QUO behind his ticket The
election Of Boyd as governor and the
charge that Boyd was born in Ireland
and had not been naturalized, fur
uished Gov. Thayer with chance to
hold longer to the Office Of governor.
He refused to vacate his apartments in
the state house, but was compelled to
surrender. However, he at once insti-
tuted quo warranto proceedings In the
suureme court of the state TO test
Boyd's eligibility, claiming incidentally
his own right to the office. The
court decided that Boyd was not eligible
and retained Thayer. Boyd was ousted,
but he took an appeal to the supreme
court of the United States, which has
decided that James e Boyd Is a citizen
of the United States and eligible to the
Qovernorship of Nebraska.
All the justices except Justice Field
concurred in the conclusion that Boyd
was n citizen of the United States and
entitled to the Office Of governor OF
Nebraska. Justices Harlan, Gray and
Brown concurred in that part OF the
opiuion which held that Boyd was
citizen because, from the record In
the case, it must be considered as
established that Boyd's father, hav-
ing exercised all Z the rights OF
citizen, had In fact, In 1854 taken out
his final naturalization papers. The
oourt also held that there was such q
thing as collective naturalization; that
the enabling act of Nebraska consti'
tinted n naturalization Of all the inhab-
itauts of Nebraska ut the time OF its
admission, except such Is desired to
retain foreign rights. aud that Boyd's
exercise of various Offices showed his
intention to become citizen Opinion
BY Chief Justice Fuller.
The courts order reads as
'The Judgment of the supreme court
Of Nebraska Is reversed and the car9e
remanded to,be proceeded In according
to law and In conformity with this
opinion"
Unless the Nebraska courts should,
Of their own accord, depart from the
usual custom. Gov. Boyd win not
! be rsinstated in ofice before March