The sun. [volume] (New York [N.Y.]) 1833-1916, 1892-02-04

Can the Nebraska Decision be Enforced?
{. In discussing tho Nebraska decision yes
terday We assumed. as a matter OF course.
that It would be respected by the defeated
party. and that Mr.. TnAYER. the acting
Governor OF Nebraska. would relinquish
the ONCE to the real Governor. 1t now ap-
pears. however. that Mr.. THAYER Is very
much dislnclined to do anything OF the sort.
He proposes to hold on to the place which
does not belong to him as long as he can.
His position is differently stated In differ
ent dispatches from Lincoln. According to
one account. he takes the ground that the
decision OF the Supreme Court OF the United
States dsposes OF questions OF law only and
leaves the controlling questions OF tact In
the case still open to controversy. In other
words. the statements OF Mr.. BOYD as to
the facts upon which he based his claim to
be a citizen were admitted on the record OF
the Supreme Court for the sake OF the
argument. and Mr.. THAYER insisted that
even II true. these facts did not establish
his opponents citizenship as matter OF law.
The court has decided otherwise: but Mr..
THAYER contends that he Is still at liberty
to prove In the Nebraska courts. II he can.
that the facts thus stated by Mr.. BOYD are
not true; and OF course II he has the right
to reopen the contest on this basis. the con-
troversy is still very far from final deter
mination.
According to other accounts. Mr. THAYER
will only insist upon his right to retain
Office until the mandate OF the United States
Supreme Court. reversing the judgment OF
the Supreme Court OF Nebraska. is actually
issued three weeks hence. By this course
no will retain the Office to which he Is not
entitled during the month OF February. and
his conduct in So doing will afford an inter-
csting commentary on the claim 30 often
- = ward In behalf Of the Republicans
that they are always and everywhere law
abiding party.
We cannot believe. however. that Mr..
THAYtB will long be sustained by public
sentiment in Nebraska in resisting the
judgment Of the highest tribunal in the
country. The rational Republican view is
that expressed by Senator MASDERsoN.
who. upon learning OF the decision OF the
Supreme Court. said: BOYD is my Cover
nor and the Governor OF every other citi-
zen OF Nebraska. He will continue for
about year. and then we shall endeavor to
put good Republican in his place."
w uOuuL u Ncly oCLlouo 4ucSIlOu WOulu
arise II the authorities OF Nebraska should
take the position adopted by Mr..
Justice FIELD OF the Supreme Court
In his dissenting opinion to the ef-
feet that the court has no jurisdiction
to determine dispute in regard to the title
to the Office OF Governor Of State. Accord
ing to Judge FIELDS view. the judicial power
OF the Federal Government does not extend
far enough to authorize the Supreme Court
to review such q controversy: and he sus-
tains his argument to this effect by sug-
costing that the national Government has
no power TO enforce an order directing the
incumbent to vacate the office OF Governor
Of Nebraska. No attempt to enforce such
an order. lie declares. would be upheld by
tho national Executive or by Congress or
by the people.
1t Is to be hoped that no such contest will
arise. Public sentiment and the good sense
OF the people Of Nebraska ought TO prevent
It. Perhaps the most formidable danger
which now threatens free institutions In
this country Is the growing frequency OF
serious disputes concerning the title to
high Offices: and this danger will increase
from year to year. unless tho people wher-
ever such controversies occur insist that
after they have been fairly arbitrated they
should be deemed to be finally settled.