Los Angeles herald., 1892-02-02

ton to become citizen of the United
States, although his father had, and
that because, as alleged, his father had
not completed his naturalization before
his son attained his majority, the latter
cannot be held to have been made a
citizen by the admission of Ne
braska. The statutes leave much
TO be desired with reference
to the naturalization laws, and
the status OF minors whose parents de-
clare their intention, but who do not
take out final papers before their chill
dren reach 81 years of age. Clearly
minors, the court says, acquire inchoate
status by the declaration of intention on
the part of rheir parents. If they at
tain their majority before the parent
completes his naturalization, they have
a right to repudiate their status and ac-
cent foreign allegiance, rather than hold
fast to the citizenship which the par
ent's act initiated for them. Ordinarily
a minor makes application on his own
behalf for naturalization, but it does
not follow that the equivalent may not
on occasion be accepted in lieu of tech
meal compliance.
The history of Boyd is then traced,
his voting in Ohio in 1866 under the be-
lief and assurance from his father that
be (the father bad taken out his final
papers. Then is traced Boyd's long
career in Nebraska as voter, Office
holder and soldier against the Indians,
with the view of showing that for over
thirty years Boyd enjoyed all the right
of citizenship. Under the circum-
stances, James E. Boyd, the court says,
is entitled to claim-if his father did
not complete his naturalization before
his son had attained his majority-that
the son cannot be held to have held the
inchoate status he therefore acquired
by the declaration; on the contrary the
oath he took, and his action as citizen,
entitled him TO insist upon the benefit
of his fathers act, and placed him in
the same category as his father would
have occupied if he had emigrated to
the territory of Nebraska; that, in short,
he was within the intent and meaning
of the acts of congress in relation to the
citizens of the territory, and was madea
citizen of the United States and Of the
state OF Nebraska under the organic and
enabling acts and acts of admission.
Another and shorter course of reason
ing brings the court to the same conclu-
sion.
After citing a number of similar cases,
the court says there can be no doubt
that the fact that Boyd's father became
a naturalized citizen before October,
1854, is we'll pleaded in Boyd's answer,
and therefore admitted by demurrer on
behalf of Thayer.
The courts order reads as follows:
"The Judgment of the supreme court of
Nebraska is reversed and the cause re-
manded to be proceeded with in accord
ance to law and in conformity with this
opinion"
Unless the Nebraska courts should of
their own accord depart from usage and
custom, Governor Boyd will mot be re-
instated in Office before March, at the
earliest.
Ex-Attorney General Garland applied
for mandate from the court this after
noon, but Chief Justice Fuller said the
court could not depart from its usual
custom, and would not issue mandate
before the usual time, unless notice of
intention be given the other side. The
motion of Garland was therefore denied.
AS the court today adjourned until
February 29th, this action of the court
will have the effect of delaying the issu-
ance of the courts order until after it's
reassembling.
LINCOLN, Neb., Feb. 1.-The news of
the decision OF the United States SUI
preme court in the Boyd-Thayer case
was received quietly here. Governor
Thayer declined to be interviewed,
merely stating be would abide by the
decision of the supreme court. The other
state officers were generally uncommun-
icative. The appointive officers accept
the decision as final, and are preparing
to turn over their offices to other hands
when Governor Thayer vacates. The
state supreme court will not meet until
the 10Th, and all the justices are out of
the city.