The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-02-02
Liberal and just Exposition of the
Laws of Naturalization and
citizenship.
The Pioneer, Patriot and Public Spirited
Citixsn, and Choice Of the People.
Givsn His Rights.

w tA0 VAAC0 u BOV0fuOI OE N0UEa6kRs
Justices Harlan, Gray and Brown con-
Cured in that part OF tho opinion which
held that Boyd was q citizen, because from
the record in the case it must be consid-
ered as established that Boyd's father, hay-
ing exercised all the rights of a citizen,
had, in fact, in 1854, taken ont his final
naturalization papers, Notwithstanding
that he did not have the record OF such
final naturalization papers. These three
jurists, although that fact was not stated
in SO many words by the court, did not as
sent to the conclusion reached BY the other
| justices, that Boyd is also citizen on an
other ground, viz: That the enabling Ne
braska act constituted collective naturali-
zation of all inhabitants thereof at the
time of its admission into the union, ex-
cept such as announced that they intended
to retain their rights as citizens or subjects
of a foreign nation, and that the various
Offices held by Boyd and the exercises of
the right of suffrage by him, with the oaths
of allegiance to the United States he took
at various times. shows clearly his inten-
tion to become q citizen Of the United
States, and, that in fact he 90 considered
himself.
Following is the summary Of the opinion
of the court which is not a verbatim state
ment of its argument though the follow
ing conclusions are reached and the line Of
reasoning of the opinion: The court says
that on Jan. 13, 1891, leave was granted to
John M. Thayer by the supreme court Of
Nebraska to file proceeds Ags looking to the
ousting of Boyd from the office of governor
of Nebraska. The court then reviews the
charges contained in the information filed
by Thayer, the point as is we'll known,
being that Boyd's father, although he had
declared his intention to become citizen
of the United States, and had in Ohio for
years exercised UNIQUE STONED the right of
voting and holding office, had, in fact
never taken out his final naturalization pa
pers, and was, therefore. not citizen; and
that as James b. Boyd himself had never
been naturalixed. but voted and held Office
under the belief that his father had become
naturallzed citizen while he was minor,
that, therefore, under the constitution,
James T.. Boyd was not citizen and there
tore e e not eligible to the office OF governor
of Nebraska, the state constitution requir-
ing that the governor shall be citizen of
the state for at least two years preceding
his election.
Boyd in his reply, claims that the en-
abllng act of Nebraska constituted col
at the time of admission to statehood, aud
also asserted that his father had in 1854
taken out his final naturalization papers,
although the record did not show such fact.
The court first devotes some space to argu-
nent in support of its right of jurisdiction
under the mode of procedure under which
the case comes before it, reaching the CON
clusiOn that whilo the attorney general OF
the state refused to institute suit against
Ihayer, Boyd as the aggrieved party had a
right to bring the suit in the nominal name
OF the state, and the question being one OF
denial Of a constitutional right Boyd had
made federal question which could be re-
viewed here. The court snys it understands
that it is insisted that Boyd is IN alien be-
cause his disability as foreign-born CIT
lZen had never been removed by naturali- |
cation. Congress, it says, in the exercise of
lts power to establish q uniform rule Of nat
urallzation has enacted general laws for
the naturalization of individuals, but that
instances of collective naturalization by |
treaty or statute are numerous.
The court then says there can be no doubt |
that in the admission of state collective
naturalization may be effected In accord
ance with the intention of congress and the
people applying for admission. Admission
on equal footing with the original states in
all respects whatever involves the adoption
as citizens of the United States OF those
whom congress makes members of the |
political community, and who are recog-
nized as such in the formation of a new
state with the consent of congress-. The |
question is not what the state may do in
respect to citizenship, but what congress
may recognize i'll that regard in the forma-
tion of u state. Application of the doctrine
is then made to the state of Nebraska and
it's various proceedings looking to admis-
sion considered. One clause of the state
constitution adopted provided that while
persons of foreign birth who had de-
clared their intention to become citizens
should be considered electors. and this /
congress amended by declaring that it !
should not operate rs discrimination on ao-
count Of color. These provisions in con-
nection with section Ii of tho state oonsti- |
tuition, that mo distinction shall ever be
made by law between resident aliens and |
citizens In reference to property, seems to
the court clear recognition of distino-
tion between those who had and those who
had not elected to become aliens. 1t fol-
lows from this that all who declared their
intention to become citizens congress so ,e-
garded, and placed those whose naturaliza-
tion was incomplete in the same category
with persons already citizens. But" says
Boyd never declared his intention to be-
come a citzen of the United States, nj
though his father had, and that because.
as alleged, his father did not complete his
naturalization before his son attained his
majority the latter cannot be held
by the admission act of Nebraska.
The statutes, it says, leave much to
be- desired with reference to naturalization
laws and the status of minors whose parents
declared their intention. hut do rot take
out final papers before the children reach
u years of age. Clearly minors, the court
says. acquire an inchoate status by deolara-
tion of intention on the part of their
parents. If they attain their majority be-
fore their parents complete naturalization.
they have the right to repudiate the STATUS
and to accept foreign allegiance rather
than to hold fast to the citizenship which
their purants' act initiated for them. Ord-
narily man makes application on his own
behalf for naturalization. but it does not
follow that All equivalent may not on oc-
casion be accepted in lieu ot technical COM
plianoe.
The history of Boyd is then traced. His
voting in Ohio in 1S56 under belief and as
surRnce from his father that he had taken
ont his final papers. Then is traced Boyd.s
long career i'll Nebraska az voter, office
holder and soldier against the Indians.