Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1892-01-15
Mr.. BOYD is A CITIZEN.
HIS CASE DECIDED BY THE
U. 8. SUPREME COURT.
HIS Territorial Citizenship Admitted
Him TO Full Political Privileges
synopsis OF the Decision TO be
Handed Down.

WASHINGTON. Jan. 1.-[Special &c
the Omaha Bee. 1-Another revolution
in Nebraska politics-one more turn
in the gubernatorial Kaleidoscope
which eight months ago ousted James
E. Boyd from the chair OF chief exec.
utive.
The supreme court OF the United
States is the final aroiter. and its de-
cision is that James Z. Boyd is no
alien. was not an alien at the time oil
his election. and was duly qualified
and elected governor OF Nebraska in
1890.
The decision has not yet been hand
ed down. but the result of the courts
conference has leaked out and at a
late hour tonight your correspondent
is enabled to give advance information
OF which the sleeping justices are
peacefully unaware.
IT WAS ALMOST UNIQUE.
The case was almost unique. The
decisions of the supreme court upon
questions OF naturalization are few and
far between. The case OF Boyd against
Thayer presented several unargued
points. The first was whether the
final construction OF contract was not
simply a ratification OF a contract ex-
listing, and whether rs such in its eff
feet 1t was not retroactive; II so,
whether naturalization was not a con-
tract with the prospective citizen.
BOTH AFFIRMATIvELY DECIDED.
The second was whether the Ne
braska enabling act peculiar in its
verbiage and unusually liberal in its
terms, did not carry into the citizen
ship OF the United States all persons
then citizens of the territory.
The court by vote of six to three
decides affirmatively on both points,
two republicans and one democrat dis
sent. but Chies Justice Fuller will hand
down the decision probably on next
Monday.
THAYER ENTERED PROTEST.
The original proceedings in the con-
test were instituted by Governor Thay-
err on his own behalf on the ground
that Governor Boyd had not two years
prior to his election, complied with the
naturalization laws. and was therefore
Ineligible under the constitution and
laws OF Nebraska to hold the Office
OF governor. Tho pleadings on file in
the supreme court brought out the fol-
lowing facts: Boyd was born in Ire
land in 1885, and his father brought
him to this country when q
child 8 or 8 years OF age, his father,
Joseph Boyd, settling in Ohio. and in
duo time taking out his first papers.
The record does not show, though he
makes the claim otherwise, that he
ever took out his second papers until
1890, but he continued to act and was
treated as citizen OF the United
States, voted for every officer, both
national and state, and was himself
elected 30 several offices in Ohio.
FOLLOWED HIS FATHERS LEAD.
The son grew to manhood seeing
his father enjoying all the rights and
privileges OF q citizen OF the United
States without question and natur-
ally supposing his father possessed
these rights. At the age OF %, he
left home and went to Nebraska terri
tory, whore he settled and without
question was accorded the rights of
citizenship in that territory, voting for
territorial officers and himself being
elected to several offices.
AS citizen OF the United States he
entered the army and served In the
Indian campaigns. Later he became
Identified in business in Omaha and
accumulated considerable money, and
when the territory OF Nebraska was
admitted to the union as a state he
was a member OF the constitutional
convention.
Governor Boyd has long been identi-
fed with the growth and development
OF Omaha, and has twice held the office
of mayor of that fourishing city. In
all these years his citizenship had never
been questioned and no one had his
right TO exercise all the privileges OF
such citizenship.
TOOK OUT HIS FINAL PAPERS.
When the question was raised in
1890. Boyd took out his final papers,
which he for the first time learned his
father had not done. and one OF the
principal points made by his counsel
was this final acceptance of the gov
ernment's proffer OF naturalization,
which carries the contract back to the
date OF the original declaration OF
Judge Boyd in 1S49. and makes him
citizen from that time.
This is the law with regard tn all
kinds Of contracts, and rs the supreme
court has held that the act of natural
ization is a species of contract the
same rule should apply.
WAS CITIZEN ALREADY.
But the main point relied on by
Boyd is that by the very liberal word
ing OF the act admitting Nebraska as a
state all the inhabitants OF the terrific
ny at the date of admission became
citizens OF the United States upon the
instant and as Boyd was an inhabitant
as described, upon the admission of
Nebraska--as- a state he became a citi-
zen II he was not already. the same as
the people OF Texas became citizens by
the treaty OF annexation. without the
necessity OF going through the forms
OF naturalization proceedings.
The decision makes q valuable pre-
cedent on questions OF naturalization
and lays down the law for the first