The sun. [volume] (New York [N.Y.]) 1833-1916, 1892-02-02
BorD ~ sovEnxoR OF NEBRASKA.
TIE Supreme Court Decides That He was .
Cis,ssu vhsa Elected Goveruor.


waaHrscroN, Fob Tho United statee gu.
preme Court to-day decided in favor OF Boyd
Dem, in tho Nebraska Governorship case.
The opinion was delivered BY CHIEF Justice
Fuller, and its reading was listened to alton
lively BIZ crowded court room. Tho conclu.
sion reached was that Gov. Boyd. when elected
tSthe Cubornatorial ONCE, was citizen ofthe
United states and had been citizen for two
years next preceding his election. and In this
conclusion all the Justices concurred except
ina Justice Field.
The decision settles long controversy over
the right to the seat which the Supreme Court
to-day gave to Gov. Boyd. by 1t the decision
OF the Supreme Court Of Nebraska. holding
that Mr.. Boyd was not citizen OF the United
| States, and that Gov. Thayer. whom he was
elected to succeed was entitled to hold ofice
until a successor had been duly elected Is re-
versed.
The main question in the case. and on which
the decision hinged. was whether Mr.. Boyd
became citizen Of the United States without
taking out naturalization papers. his father.
British subject, never having become fully
naturalized. although he had declared his In
tentlon to take out the necessary papers
The elder Boyd came 10 this country from
Ireland when his son. the plaintiff In this case.
was mere child. They settled in Ohio and
the father gave notice Of his intention
to becdme a citizen, He fatls%ds; . how sH,
went to NeGraska. when il was a territory
aud was one Of tho foremost o: those pioneers
T eSs ioash. in The Union mar the
war apd was member Of the committee that
the a!t SooS Sss
\" one ausstioned Mr.. Boyds right TO- Vote
and 70 exercise all tho other privilegees
alter al aG been esyssa n Geve n
o. the State that the question concerning his
wss Ss 0ns
ernor iThayeri was entitled to the seat. Tho
case was finally carried TO the supreme Court
ing a, citizen. had not been elected. and that
Tha{er should ,,, hold office until his successor
The elaborate opinion OF the Supreme Court
delivered to-day discusses the question OF cit
izenshIp FULLY; In citing many !Sscisiops . on
admission of "a Territory to statehood. It says
that it has always been recognized that those
their si' is,ention to beeoms citizens, are ad.
mitted az such when the States in which they
reside are admitted to the Union: james lfs - r
ss thu soart beeves sSoaid not s asan
try. and his innocence of his fathers. neglect
to qualify as citizen shouli the court thinks \.
act rather II his av4E in the hir Issues
lie offices he held are detailed. the court says
held nubIs oifice is sufficient to establish Ills
| right to citizenship The. Enabling act Of Con
"s %
nized. it is held. the citizenship Of those per;
sons Of foreign birth in the Territory who had
u justice F FieId in dissenting opinion. said
he thought the Supreme Court had no iuris-
the tight to The aovernorshp q State how.
| ever the question may be decided ny its au-
h9rss night s or 61eSn I" such
inent or prohibited to them y tho Cens,itu-
| tion. they, are independent political commune
es s Tns tie s 'S
eminent to interfere with the administration
ar as be to
4, against invasion snd domestic whence.
ascertained and established BY ccnsid:
f Tpissed 81 States in no sense suthcrizes AZ
ts Sss
not diminished BY the fact that there is no
Sebra ska How could this court. in. case OF
| refusal Of the incumbent to vacate his office.
II u etHs woa be be
By the Executive or by Congress or by the
people. He could see only mischief and trouble
!
over the authorities Of State AS is claimed in
| this case.
| OMAHA. Feb. 1.-(ioy. Boyd appeared less OK
| cited than any other Democrat in Omaha when
he heard the news. When questioned BY, a
reporter in regard to tn" time he would take
| that as the supreme Court has rendered its
decision John NJ. Thayer must cease to act as
Governor.
| II am much more glad to have nv citizcn-
ship in the State OF Nebraska established than
not know what course Mr.. Thayor will pursue.
| hut l suppcs. he will at once vacate the chair
| at The State Capitol AS l said before: can:
| not now say when shall go to Lincoln and
! formally take my seat as Governor am Coy.
| ernor now. and. as have been inaugurated.
| can serve Just the same in Omaha for day or
two rs in Lincoln. MI Thayer cannot now even
| net as Governor. Any papers which he may
| would be Illegal, so cannot think that he will
| attempt to hold the Office any longer"