Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1892-01-15
THE BOYD.THAYER CASE.
THE SUPREME COURT DECISION
YET IN THE DARK.
A still Hunt for the individual who
Promulgated Court secrcts-The
Matter Undergoing Investigation.

-
belief that the supreme cour: would
deliver ut noon today its decision in
the Boyd Thayer case filled the court
room with interested spectators. Some
time before the hour set for the open.
ing OF that body, ex-Attorney General
Garland. counsel for James L. Boyd;
Judge Dillon, the principal counsel
for Governor Thayer; Sergeant-at-
arms Valentine of the United States
senate; Dr. j. Z. Summers. ID. O..
Clark and William Gwyer OF Omaha
occupied seats and witnessed the OPEN
ing proceedings. Senator Henderson,
Congressman Bryan OF Nebraska and
William NJ. Springer of Illinois, were
also present and the space occupied
by the bar was filled by moro than
ordinary number OF lawyers.
The press associations and many
special correspondents were present
waiting to verify the announcement
which rumor sent out several days ago
that the supreme court would proba-
bly, give their verdict today in favor
OF james E. Boyd and ousting Gov
ernor Thayer.
There was much suppressed excite
ment during tho reading of various
decisions by the associate Justices,
several OF which were of much impor-
lance. Interest, however, conferred on
the chief justice who it was expected
would announce the decision in the
Nebraska case and who. according to
precedent was the last to speak. 1t
was considerable after ! o'clock when
Chief Justice Fuller concluded reading
his opinions and the Nebraska case
was not among them. There was gen.
eral disappointment expressed and a
universal concensus of opinion that
the premature publication of the de-
cisiou. which the court prepared some
days ago, had induced it to withhold
its decision until after the investiga-
tlon now in progress was concluded as
to the source OF the information furn-
ished to the press last week. The de-
cision cannot now be rendered until
next Monday, the opinions OF the court
being only presented except on very
rare occasions, on that day.
The failure OF the court to make
public its opinion in the Nebraska case
is no indication whatever that the in
formation that leaked out was errone-
Gus.
This evenings Star says in its news
columns that it is possible the vote on
the Nebraska case has been confused
with the vote on the North Yakima
case, which, by strange coincidence
stood identically as was anticipated the
governorship case of Nebraska would
stand, viz: Six to three in favor OF
appellant the dissenting justices being
two republicans and one democrat
Editorially, however, the Star &C.
cepts the pointer" as good. as, in
deed, does every one in Washington.
The Star says editorially:
1.-The queerest news leak OF the GEN.
fury, perhaps, is that OF the decision
in the Boyd case from Nebraska 1t
has probably never before happened
that an important opinion OF the high
est court in the land, involving a ques-
ton OF the gravest importance, was
outlined days before its delivery from
the bench. 1t ought not TO have oc-
CURED. The like Of it will probably
not occur again. The members OF the
supreme tribunal are doubtless as
much disturbed over the premature
publication as any members OF gov
eminent ever were on accession where
the matter divulged was not attended
by dire consequences, and may be ex-
pected to take extra precautions here
after"
Today's Philadelphia Press has this
in its editorial column: III, as rumor
claims the United States supreme
court will decide the Nebraska CUB
crnatorial controversy in favor OF Mr..
Boyd, there will not be much criticism
of the decision. Mr.. Boyd received q
small but unquestioned plurality OF
the votes cast in 1890, and the contest
over his title has not had the indorse-
ment OF his opponents. The flaw in
his citizenship could have been read
lily overlooked in his case, but tho con-
test, however it may issue. will do no
harm II IT calls attention to the care
lessness often exercised by aliens in
obtaining the right to vote. II Mr..
Boyd had not been the chief mover in
the attempt TO place crank on the
Nebraska supreme bench last fall with
the evident purpose OF getting revenge
on the court because it had decided
against him, be would stand better
with the country today. But the fail
ure of that attempt may have taught
him n needful lesson"
Tho New York Snn says; when
no o;9, cial information can be secured
in re lard TO the report that the United
States supreme court had by q vote of
q TO decided the contest between
Boyd ana Thayer for the governorship
OF Nebraska in faror OF the former. it
eau be positively asserted that the
court will render such decision. 1t
can also De said. in consequence, that
there is serious trouble ahead for the
person or persons who gave out the
information before the decision was
formally rendered by the court Chief
Justice Fuller yesterday instituted an
investigation, which is still in prog
ress, with a view to ferreting out the
guilty parties. The opinion OF the
court in the case was reached
last week, at which time the
question involved was discussed at
length, and vote taken. 1t is learned
on trustworthy authority that the