The Sedalia weekly bazoo. [volume] (Sedalia, Mo.) 187?-1904, 1892-02-09

GOVERNOR JAMES E. BOYD OF NEBRASKA
cept such as desired to retain their foreign
rights; and that Boyds exercise of various
ofic 4 showed his intention to become
citizen. The opinion was by Chief Justice
Fuller.
The court first devotes some space to an
argument in support of its right OF Iuris-
dictiou .nder the mode of procedure under
which the case comes before it, reaching
the conclusion that while the attorney gen.
eral of the state refused to institute suit
against Boyd, Thayer as the aggrieved
party had right to bring suit IN the NOM
inal name of the state, and that the ques-
ton being one of denial OF q constitu.
tional right, Boyd had made a federal
question which could be reviewed here.
The court says il is insisted that boyo
was an alien because his disabilities as q
foreign born citizen had never oeen re-
moved by naturalization. Congress, it
.avs in the exercise Of its power to es-
tablish a uniform rule Of naturalization
has enacted general laws for the natur-
alizatiou of individuals, but that the
instances Of collective naturalization by
treaty or statute are numerous. II
continues: There can be no doubt that
In the admission of a state collective
naturalization may be effected in accord
auce with the intention of congress, and
the people applying for admission on an
equal footing with the original states, In
ali respects whatever involves the adop-
tion as citizens of the United States OK
those whom congress makes members OF
the political community and who are rec
opnized as such in the formation OF the
new state with tine consent Of congress.
The question is not what state may do in
respect of citizenship, but what congress
NAV recognize in that regard in the lorna
ton of the state"
The application of this doctrine Is then
made to the state of Nebraska and Its
various proceedings looking TO its admls-
sion ale then considered. One clause OK
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 de-
cIaring that it should not operate
"a discrimination on account OF
color These provisions in connection
with section Ii of the state constitution
that ssNo distinction shall ever be made
nv law between resident aliens and citi-
zens in reference to property seems 70
the court a clear recognition of the dis
tinction between those VINO naQ ana those
who had not elected to become aliens. 1t
follows from this that all who had de-
c,ared their intention TO become citizens,
congress had so regarded and placed those
whose naturalization was incomplete in
the same category with those already citi-
Gems.
But" says the court, sit Is argued
that James E. Boyd had never declared
his intention to become citizen OF the
United States, although MS 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 citi-
zen BY the admission act Of Nebraska. I"
On this point the court quotes from the
acts Of 1879, 1875 and 1902, that minor chill
dreu of naturalizei parents shall at the
age p 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, bu. d. not
take out final papers before the children
reach 81 years of age. Clearly minors &C
ou:re an inchoate status by the deciara'
ton of intention on the part OF their
parents. If they attain majority before
tie parent comes &C be n natura. clt.zeu
they have right to repudia;e the status
and accept foreign allegiance rather than
hold fast 20 the e!Eser shiC which the "a