Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1892-02-04

showed: Bovd, II, 1871; Powers, 20, 1877;
Richards, Gs,s7s; Boyds plurality over
Powers, Liza To all the other state
Offices the republican candidates were
elected
Boyd's victory attracted national at
tention. It was the first time a demo-
crat had been elected governor Of
Nebraska. With solitary exception,
he was the first democrat in
Nebraska elected TO a state office. In
the midst OF the Publications of the
famous victory there arrived disquiet-
ing ruwor from Ohio. II was 10 the
effect that James f. Boyd was not
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 Il. Bpyn's
father had declared his intention to be-
come citizen of the United States and
had taken ont his first naturalization
papers in 1914, Immediately after his
arrival in this country. lie would have
been entitled TO his final papers in iS49,
but for some reason he failed 10 secure
them. II he had then completed the
steps b. accomplish his own naturaliza-
ton his sou, James +. Boyd, being
still in his minorit, won d have be-
come citizen at the same time his
father did, the doctrine being that the
allegiance If n minor follows that of
his father But the elder Boyd never
took out his second papers until 1890,
when us n candidate for some unim-
portant office in the little city where he
lived he was confronted with the
charge that he was not citizen His
son was then candidnte for governor
of Nebraska The c der Bovd, as soon
us the charge was made that he was
not n citizen, settled the II after 50 far
as he was concerned by securing his
final papers in 1890. These brought
TO him full citizenship beyond ques-
tion. But II was maintained that
James L. Boyd was not II citizen of
the United States because he at
tanned his majority before his father
became n citizen. This being true, the
argument was then advanced that
James r. Boyd, In order ~ become a
citizen must file "A declaration OF his in
tcntion To that effect, take out his first
papers and after The lapse Of Ave years
take out his second papers.
John NJ. Thaver had been elected
governor OF Nebraska in 1885 on the
republican ticket by nearly 20, 600 ma
jority, and in 1883 by 10, 900 majority,
running 10, QUO behind his ticket. The
election Of Boyd rs governor and the
charge that Boyd was born in ireland
and had not been naturalized, fur
nished Gov. Thayer with chance 20
hold longer TO the office OF governor.
lie refused to vacatc his apartments In
the state housc, but was compelled TO
surrender However, he at once insti-
tute1 quo warranto proceedings in the
supreme couro of q state to test
Boyd's eligibility, claiming incide ntaly
his own right 10 the Office. The
urt dccid d that Boyd was not eligib Q
and retained Thayer Boyd wa, ousted,
but he took an appeal 10 the supreme
court OF the United States. which has
decided that james L u yd is a citizen
OF the United States and eligible TO tue
goveruorship Of Nebraska.
An the justice, except Justice Field
cCncrrrcd In the conclusion that Bovd
was cit yea Of the United States and
EMIT cd u the office of governor of
Nebraska. J stices liar Il :, Gray and
Brown concurrel in tiat part OF the
OPT ion with held that Boyd vas
citizen because, from the record in
the case. IL must be considered as
,'ablishcd that Bnyd's father, hav-
iug exercised al the rights of a
C tiacn, hal T. fact, | 1854 taken out
his fna natnra ization pa ,ers The
court also bel that there was such a
thing as collective naturalization; that
the enabling act OF Nebraska consti-
tuted n natura Eat on OF all the inhab-
itants ol Nebra liza at the ii ne OF its
admission, except such as desire 10
retain foreign rights. and tnat Boyds
exercise Of various Offices showed his
Intention 20 become citizen. Opinion
by Chief Justice Fuller.
The courts ortrr reads as
"'ihe judgment ~ the supreme court
OF Nebraska Is rever ed and the cause
r,mandcd to be proceeded in according
b. law and In conformity with this
OPTION"
Tn ess the Nebraska courts should,
of Their own accord, depart from the
usua custom. Gov Boyd will not
be rsiustnt d in Office before March
at the earliest Ex-Att rney General
Garland ASKED Tor a mandate from the
court YESTERDAY, but Chief Justice
Fuller said that the court could not de-
part from its usual Gu tom. and won d
not issue mandate before the usual
time unless notice Of in ention be given
the other side. The mo ion OF Mr. Gar
land was therefore de led. As the
court adj urned until February 30, this
acton of tue court will have the effect
delaying the is>ua1' e Of the ,ur IS or.
der unit aft r ITS reassembli s.
Jsmes f. Boyd was born in County
Tyrone, Ireland, September o, 1884
His father came 10 the United states In
1874, settling in Belmont county, OHIO.
James T. Bovd, attaining hi' majority,
started 10 seek his own iortune. COM
ing TO Omaha In Angus, 1856 In 1875
he was engaged In hauling freight
across the plain, from St
Joseph, Mo-. TO Denver and the
Rocky mounisins lie was a
CONTRACTOR during the construction OF