The Goodland republic. [volume] (Goodland, Kan.) 1891-1907, 1892-02-12

GOVERNOR JAMES r. lloyd OF NEBRASKA.
cept such as desired to retain their foreign
rights; and that Boyd's exercise Of various
oflceI showed his intention to become
citizen. The opinion was by Chief Justice
| Fuller.
The court first devotos some space to an
argument in support of its right of juris-
dction under the mode of procedure under
which the case comes before it, reaching
the conclusion that while the attorney gem
eral of the state refused to institute suit
against Boyd, Thayer as the aggrieved
party had a right to bring suit in the NOM
inal name of the state, and that the ques-
ton beng one Of denial of constitu-
tional right, Boyd had made federal
question which could be reviewed here.
The court says it is insisted that Boyd
was an alien because his disabilities as
foreign born citizen had never been re-
moved by naturalization. Congress, it
says, in the exercise Of its power to es-
tablish a uniform rule Of naturalization
has enacted general laws for the natur-
alzation Of individuals, but that the
instances of collective naturalization by
treaty or statute are numerous. 1t
continues: "There can be no doubt that
in tho admission of state collective
naturalization may be effected in accord
ance with the intention of congress, and
the people applying for admission on an
equal footing with the original states, in
all respects whatever involves the adop-
ton as citizens of the United States Of
those whom congress makes members OF
the political community and who are rec
ognlzed as such in the formation OF the
new state with the consent of congress.
The question is not what state may do in
respect Of citizenship but what congress
may recognize in that regard in the forma-
ton Of tho state"
The application Of this doctrine is then
made to the state of Nebraska and its
various proceedings looking to its admis-
sion are then considered. Que clause Of
the state constitution adopted decreed
that white persons of foreign birth who
had declared their intention to become
citizens should be considered electors,
and this congress amended by do.
claring that it should not operate
as q discrimination on account Of
color. These provisions in connection
with section IA Of the state constitution
that mo distinction shall ever be made
by law between resident aliens and citi-
Gems in reference to property seems to
the court clear recognition Of the dis
tinction between those who had and those
who had not elected to become aliens, 1t
follows from this that all who had de-
clared their intention to become citizens,
congress had so regarded and placed those
whose naturalization was incomplete in
the same category with those already citl-
gems,
"But,n says the court, sit is argued
that James f. Boyd had never declared
his intention to become citizen OF the
United States, although his father had,
and that because as alleged his father had
not completed his naturalization before
his son attained his majority the father
can not be held to have been made a citi-
zen by the admission act of Nebraska. I"
On this point tho court quotes from the
acts OF l791, 1795 and 1909, that minor chill
dren Of naturalized parents shall at the
age Of 81 years be deemed to be citizens.
The statutes, it says, leaves much to ee
desired with reference TO nationality
laws and the statements OF his parents
who declare their intention, but d. not
take out Anal papers before the children
reach 81 years OF age, Clearly minors &C.
quire an inchoate status by the declara-
ton OF intention on the part Of their
parents. II they attain majority before
the parent comes to be natural citizen
they have right to repudiate the status
and accept foreign allegiance rather than
hold fast TO the citizenship which the pa
rent act has initiated for them. Ord n.
arily the minor makes application on his
own behalf for naturalization, but II docs
not follow that an actual equivalent may
not on occasion be accepted in lieu Of I
technical compliance.
The history of Boyd Is then traced, his
voting in Ohio under the belief and assur'
ance from his father that he (the father)
had taken out hia anal papers, his longca-