The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1892-02-02

Tho United States Supreme Court Decides
lilo IL Entitled TO tho Nebraska Cover.
n0rShlp.
WASHINGTON, D. G., Jan. 1.-The
United States supreme court to-day
decided in favor Of Boyd in tho Ne
brOska goyornorship case. All tho jus.
tees except Justice Field concurred in
the conclusion Of the court that Boyd
was n citizen Of the United States and
entitled TO the Office OF governor OF No.
braska. Justices Harlan, Gray and
Brown concurrcd in that part OF tho
opinion which held that Boyd was n
citizen from the record in tho case. II
must DO considered as established that
Boyd's father exercised all rights OF q
citizen, had, in iac,, in 1851, taken out
his final naturalization papers, not
withstanding he did not have the record
OF such final naturalization papers.
The court also held that there was
such u thing rs collective naturalization;
that the enabling act OF Nebraska con-
stituicd u naturalization OF all the in
habitants OF Nebraska ut the time OF its
admission, except such MS desired to re-
tain their foreign rights, and that Boyd's
acceptance OF offices showed intention
to become citizen. Opinion by Chief
Justice Fuller.
Justices Harlan, Gray and Brown,
while concurring in the conclusion OF
the court that Boyd was n citizen OF the
United States, did so on the ground OF
the exercise Of oil the rights and privi-
leges OF citizenship by Boyds father,
resident OF Ohio, rs shown on tho
record established and the assertion
made by James f. Boyd and his father
that the latter had in 1856 taken out
his final naturalization papers, although
there is no documentary proof OF tho
issuance OF those papers.
These three justices, although that
fact was not stated i'll SO many words by
the court, did not assent to the conclu-
sion reached by the other justices, that
Boyd was also citizen on another
ground, viz, that the enabling act OF
Nebraska caused Il collective natural
ization OF all inhabitants thereof at the
time OF its admission into the union,
except such rs announced that they in.
tended 10 retain rights rs citizens or
subjects OF foreign nation, and that the
various Offices held by Boyd and the
exercise of tho right OF suffrage by him
with the oaths OF allegiance 10 the
United States he took at the various
times shows clearly tina. it was his in
tention 10 become citizen OF the
United States, and that i'll fact he so
considered himself.
The court says that onJanuaryl3, 1891,
leave was granted to John VI. Thayer by
the supreme court OF Nebraska to file
proceedings looking to the BUSTING OF
Boyd from the Office OF governor OF Ne
braska. The court then reviews the
charge in information filed by Thayer.
The point, rs is well known, is that
Boyd's father, although he had de-
clared his intention to become citizen
OF the United States, and had in Ohio
for years exercised unquestioned rights
ofvotine and holding office, had in fact
never had his final naturalization pa
pers and was therefore not a
citizen, and that as James
E. BOYD himself had never been
naturalizcd, but had voted and held Of
flee under this belief; that his father
became q naturalized citizen while he
was minor ;:that, therefore. under the
constitution, nJames L. BOYD was not
citizen, and therefore not eligible to the
office OF governor OF Nebraska, the
state constitution requiring that the
governor shall be citizen OF the state
for at least two years preceding his cleo
ton. Boyd, in his reply, claimed that
the enabling act OF Nebraska consti-
tutcd collective naturalization OF all
its inhabitants at the time OF admission
to statehood, and also asserted that his
father had, in 1854. taken out his final
naturalization papers, although the rec
ord did not show such fact.
The court first devotcs some space to
an Argument in support OF its: right OF
jurisdiction under the mode OF proceed
ure under which the case comes before
it, reaching the conclusion that while
the encouragement OF the state re-
fused to institute 4 suit against BOYD.
Thayer, as the aggreved party, had n
right to bring. the suit in the nominal
name OF the attendant and the question
being one OF n denial OF n constitutional
right. Boyd had made q fedora! qucs-
ton which could be reviewed here.
Tho court says it understands it is in
sisted that Boyd was an alien, because
OF his disabilities as foreign born citi.
zen had never been removed by ma
turalization. Congress, it says, in the
exercise OF the power TO establish uni
form rule OF naturalization has enacted
general laws for the naturalization OF
individuals but that the instances OF
collective naturalization by treaty or
statute are not numerous.