Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-02-02
BOYD Is A CITIZEN.
The Supreme Court Says So, Thus
Giving Him a GOvernorship.
NEBRASKA'S GREAT CASE SETTLED
The Lottery Cases Decided Against the
Million Makers.
IMPORTANT WORK OF THE HIGH COURT

WASHINGTON, ID. e., Feb. Line
United States Supreme Court, in an elab-
crate opinion by Chief Justice Fuller, to-
day held that James E. Boyd is citizen of
the United States and was citizen for years
preceding his election as Governor of Ne
braska, and that, consequently, he is en-
the holdover Governor, who denied the
right of Boyd to succeed him, must give
way. All the Justices of the court except
Justice Field united in the conclusion that
the United States Supreme Court had juris-
diction of the case.
Justices Harlan, Gray and Brown con-
Cured in that part of the opinion which
held that Boyd was a citizen; from records
in the case it must be considered as estab-
lished that Boyd's father, having exercised
all rights of citizen, had, in fact, in 1854
taken out his final naturalization papers,
notwithstanding he did not have the record
of such final naturalization papers. The
Court also held that there was such thing
as collective naturalization; that the en-
abling act of Nebraska constituted nat
uralization of all the inhabitants of Ne
such as desired to retain their foreign
rights, and that Boyd's acceptance of offices
showed intention to become citizen.
What 1t Takes to Be Citizen.
The Court says: SIT is argued that James
f. Boyd had never declared his intention to
become a citizen of the United States,
although his father had, and that because,
as alleged, his father had not completed his
I-9~ l. N{,r, al
majority, the latter cannot be held to have
been made citizen by the admission act of
Nebraska" On this point the Court quotes
from the acts of 1890, 1895 and 1902, that
minor children of naturalized parents shall,
at the age of u years, be deemed to be citi-
zens. 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 81
years of age. Clearly minors, the Court says,
acquire an inchoat status by the declaration
of intention on the part of their parents. If
they attain majority before the parent COM
pletes naturalization, they have right to
repudiate the status and accept foreign al
legiance rather than hold fast to the citizen
ship which the parent has initiated for
them. Ordinarily the minor makes appli-
cation on his own behalf for naturalization,
but it does not follow that an actual equiva-
lent may not on occasion be accepted in lieu
of q technical compliance.
Always Thought He Was a Citizen.
The history of Boyd is then traced, his
voting in Ohio in 1866 under the belief and
assurance from his father, who had taken
out his final papers. Then is traced Boyd's
long career in Nebraska as a voter, Office
holder and soldier against the Indians, with
the view of showing that for over 80 years
Boyd had enjoyed all the rights of citizen
ship.
The Courts order reads as follows: 'eThe
judgment of the Supreme Court OF Nebraska
Is reversed, and the cause remanded to be
proceeded in accordance to law and in con-
formity with this opinion"
Unless the Nebraska courts should depart
from the usual custom, Governor Boyd will
not be reinstated in office before March at
the earliest Ex-Attorney General Garland
asked for a mandate from the Court this
afternoon, but Chief Justice Fuller said
that the Court could not depart from the
usual custom, and would not issue a mandate
before the usual time unless notice of in
tention be given the other side. The motion
of Mr. Garland was therefore denied. As
the court adjourned until February 20 this
action of the Court will have the effect of
delaying the case until after the day of
reassembling.
The Lottery Loses Its Appeal.
The United States Supreme Court to-day
upheld the constitutionality of the recent
anti-lottery act of the last Congress, affirm
ing the decision in the case of Deyne and
Rapier, the publishers of the New Orleans
States and Mobile Register, who were indicted
on charges of sending through the mails
newspapers containing lottery advertise
ments. By common consent the cases were
made test suits as to the constitutionality of
the law Chief Justice Fuller announced
that owing to the death of Justice Bradley,
to whom the writing of the opinion in the
anti-lottery cases had been given, the Court
would postpone any elaboration of its
views, and confine itself to the expression
of the general ground on which the decision
proceeds The Court then said that the
opinion in ex parte Jackson held that the
power vested in Congress to establish post
offices and postroads embraced the regula-
tion of the postal system OF the country and
designated what may and what may not be
excluded. The power granted Congress was
complete, and carried with it power to for
bid the use of the mails in aid of perpetra-
tiou of crime or immortality.
The Court saws there is no distinction be-
tween, mala prohibita and mala in Sc, and
that it must be left to Congress, in the ex-
ercise of a sound discretion, to determine
what shall be excluded. There is no
abridgement of the freedom of the press, for
the reason that the Government does not
prohibit communication by other means,
but simply through the Government
agencies which it controls.