Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1892-01-07
FOR GOVERNOR OF NEBRASKA.
The Supreme Court Decides in
Favor of Boyd, Democrat,

by Vote of Six to Three--Thayer, the Re-
publican Usurper, Must Now vacate the
Ofice--An Interesting Case.
WASHINGTON, ID. O., Jan. 1.-The United
States Supreme Court on Monday next
will probably render decision in the case
of Boyd VS.. Thayer, which came up on
appeal from the supreme court of Ne
braska. The case is one Of unusual
interest because of the novelty of the
issue involved, as we'll as the fact that
upon the decision will rest the title to the
gubernatorial office of the state of Ne
braska, which office Is now held by
Governor Thayer upon the decision of the
state courts. The election for governor
was held in 1855, the candidates being
Thomas J. Majors, Republican,; James y.
Boyd, Democrat, and John Powers, Alli-
ance. AT that time Thayer was governor.
He was elected twice. but was not a candi-
date at that election, and no votes were
cast for him. The election resulted in a
plurality for Boyd. When the votes came
to be canyassed by the legislature there
was considerable controversy, but Boyd
was finally declared to have been
elected and was duly indicted into office.
While serving Us governor. the charge was
made that Boyd was not legally qualified,
upon the ground that he had not been
fully naturalized. His father, Joseph
Boyd, native of Ireland, was u citizen of
Ohio and took out his first papers in that
state. The records do not show, though he
makes the claim otherwise, that be took
out his second papers until 1880 but he
continued to act and was treated as citi-
zen of the United States, voted for every
officer, state and national, and was himself
elected to several offices in Ohio. The son
grew to manhood, seeing his father enjoy
ing all the rights and privileges of citizen
ship, and naturally supposed his father
possessed those rights and privileges. At
the age of % he left home and went to Ne
braska, then "A territory, where he settled,
and, without question, was accorded the
rights of citizenship in that territory, vot-
ing for territorial officers aid himself
being elected to several offices. As a citi-
zen of the United States, he entered the
army and served in campaigns against the
Indians. Later he became a leading BUSH
ness man in Omaha and accumulated con-
siderable money. When the territory was
admitted to the union of states he was a
member of the constitutional convention.
He has twice held the office of mayor of
Omaha. In all these years his citizenship
was never questioned, and no one denied
his right to exercise all the rights and
privileges Of citizenship. When the CUES;
tion was raised in 1890 Governor Boyd
took out naturalization papers, upon learn
ing that question was raised as to his
fathers citizenship, and one of the
principal points made by his coun-
sci was that this final acceptance
of the governments proffer of natural-
ization carries the contract back
to the date Of the original declaration of
Joseph Boyd, in 1S49, and makes the son d
citizen from that time. Suit was brought
by Governor Thayer to GUST Governor
Boyd upon the ground that the lstter was
ineligible at the time he was voted for,
and under the constitution of Nebraska,
which declares that the governor shall
hold until his successor is legally chosen
and qualified, Thayer claimed that he was
entitled to continue in the office Of gov
ernor. This claim was sustained by the
state courts. Boyd was ousted and Thayer
| placed again in office, which he continues
| to hold. The case was appealed to the
United States Supreme Court, and was
| fully argued few weeks ago. 1t has
leaked out tonight that the supreme court.
| by vote of six TO three, has decided that
Boyd was duly elected, and is legally quail
| fed to hold the office OF governor, thus re-
versing the decision of the state courts,
and restoring the executive office to Boyd