The record-union., 1892-02-19
THE BOYD CASE AND A DIVIDED
COURT.

Dull HOkASG AND a DIV
COURT.
Governor Boyd has been seated as Chief
Magistrate in Nebraska, under decision
of the Supreme Court Of the United
States. The issue that brought the case
of the Governor into court related to his
citizenship. His father brought him to
the country when mere lad and settled
IN Ohio. There, after due lapse Of time,
the father made his declaration of inten-
ton to become citizen. When Boyd
grew up he voted and acted as citizen
In Ohio. He then removed West and
took an active part in political life. He
filled many civic offices in Nebraska, re-
peatedly took the oath, served in the
army and in the Legislature, was twice
Mayor of Omaha, and was a member of
Nebraska's Constitutional Convention.
When he ran for Governor last year
and was elected, the incumbent official
refused to surrender the office to him, on
the ground that Boyd was not a citizen.
The latter then instituted a search for,
but was unable to find the record of ss
fathers naturalization. though convinced
that he did obtain his letters, because he
had voted and served as a citizen But
SO far as the record disclosed, the father
was an alien at the time of his death.
But Governor Boyd lived in Nebraska
when that State was admitted to the
Union. The enabling Act approved the
Constitution, which by sweeping pro-
vision carried all residents of Nebraska
at the time of her admission into full citi-
zenship who should make formal decla-
ton ofintention to become citizens. The
Supreme Court of Nebraska held against
Governor Boyd-frst, that he was an I'M
naturalized person second, that citizen
ship could not be gained by him under
the organic Act Of admission, because he
had not declared his intention.
The Supreme Court of the United States
reversed the judgment in proceeding
under which the case was brought within
its jurisdiction. One group of the JUS
Ohio by Boyd's father Injured to his benit
in Nebraska under the organic or "whole-
sale Act" and that it was equivalent to
declaration by the son under that Act.
Another group of the Justices concurred
in the judgment, but only on the
ground that the proof of exercise
OF the rights of citizenship by the father
and by the son established sufficiently
the fact that the father was duly natural
lied. All the concurring Justices agree
that Congress has the power to recognize
sweeping naturalization by an enabling
Act admitting a State into the Union.
But the Chief Justice, in delivering the
opinion, says that the present condition
Of the naturalization laws leaves much to
be desired in respect to both of these
questions.
The case is of first Importance, as indi-
eating by this division of opinion among
the Justices the early duty of Congress;
that is, to bring about such reforms in
naturalization that there shall not longer
be, as at present, unhappy differences be-
tween State laws, and so that there shall
in the future be no attempts to legislate
aliens into citizenship by wholesale or
otherwise.
The act Of foreswearing allegiance to
foreign powers should be not only affirm
alive, but deliberate, complete and put of
record. 1t should not be possible for any
one to become citizen by mere ac-
quiescence. Nor should there be any
longer the possibility of any one claiming
citizenship upon proof that he or his
father exercised all the rights of citizen
ship, in the absence of a record.
There should be record made, we
say, but it should be certified to and
duplicated at the seat of the Federal
Government, that loss of the local record
may not operate ito disqualify one who
has been duly admitted. AT least some
means should be devised to get rid of the
two ever-perplexing questions; the status
of children of aliens who declare inten-
ton but, according to the record, do not
complete the act of naturalization, though
believed to be citizens; and of the cases of
lost papers and destroyed records. The de-
cision of the Supreme Court of the United
States has not settled either of these ques-
tions, since while there is concurrence
by all the Justices but one in the judg-
ment, the court is very evenly divided in
opinion upon both the questions stated.
MICHAEL MCCARTHY, a policeman of
Boston, pitched from an electric car two
years ago and landed on his head and
shoulders. Ever since he has been par
tally paralyzed, having no control of the
respiratory organs, a very serious and
sad affection. The Boston surgeons and
specialists pronounced him incurable.
Finally he visited Catholic priest. in