Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1892-02-04

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| .4s8EsYss5sag sagES ing its appearance,
| ls1gig1l$ 49, in politics for tho
Ei5jlJ first time, nomi
NSSRSS.<---s-s/ mated J. II. Powers
JAMES r. lloyd. The campaign was
exciting. The question OF prohibition
cut considerable figure ia the can
vass. The result of the balloting
showed: Boyd, l,3si; Powers, 7Ols7
Richards, g. SIS; Boyd's plurality over
Powers, l,14t TO all the other state
offices the republican candidates were
elected.
Boyd's victory attracted national at
tention. II was the first time demo
crat had been elected governor OF
Ne braska- With a solitary exception,
he was the first democrat in
Nebraska elected to a state Office. In
tho midst OF the ratidcations OF the
famous victory there arrived disquiet-
ing rumor from Ohio. 1t was to the
effect that James E. Boyd was not a
citizen of the United States, and was,
therefore, ineligible to the Office OF
governor. Some one went TO Ohio and
made an investigation. The facts
developed by the investigation in
Ohio were that james H. Boyd's
father had declared his intention TO be-
come q citizen Of the United States and
had taken out his first naturalization
papers in 1914, Immediately after his
arrival in this country. He would have
been entitled TO his final papers in isi9,
but for some reason he failed 70 secure
them. II he had then completed the
steps 10 accomplish his own naturaliza-
ton his sou, james l.. Boyd, being
still in his minority would have be-
come citizen at the same time his
father did, the doctrine being that the
allegiance of minor follows that Of
his father But the elder Boyd never
took out his second papers until 1890,
when as candidate for some unim-
portant Office in the little city where he
lived he was confronted with the
charge that he was not citizen His
son was then candidate for governor
of Nebraska The elder Boyd, as soon
as the charge was made that he was
not a citizen, settled the matter so far
as he was concerned by securing his
final papers in 1890 These brought
TO him fun citizenship beyond ques-
tion. But 1t was maintained that
James T. Boyd was not citizen Of
the United States because he at
tanned his majority before his father
became n citizen. This being true, the
argument was then advanced that
james Il. Boyd, in order TO become a
citizen must file declaration Of his in
tention to that effect, take out his first
papers and after the lapse Of five years
take out his second papers.
John NJ. Thayer had been elected
governor OF Nebraska in 1856 on the
republican ticket by nearly %, 0l0 ma
iority, and IN 1855 by $4,000 majority,
running 10, 900 behind his ticket The
election OF Boyd as governor and the
charge that Boyd was born la ireland
and had not been naturalizcd fur
nished Gov Thayor with n chance to
hold longer 10 the Office Of governor
He refused to vacate his apartments I'm
the state house, but was compelled TO
surrender. However he at once insti-
tuted quo warranto proceedings IN the
supreme court OF the state 20 test
Boyd's eligibility, claiming incidentally
his own right TO the office. The
court decided that Boyd was not eligible
and retained Thayer Boyd was ousted,
but he took an appeal to the supreme
court of tho United States, which has
decided that James + Boyd is a citizen
OF the United States and eligible 10 the
of Nebraska.
All the Justices except Justice Field
concurred in the conclusion that Boyd
was a citizen Of the United States and
entitled % the office of governor Of
Nebraska Justices Harlan, Gray and
Brown concurrcd in that plrt OF the
opinion which held that Boyd was q
citizen because, from the record IN
the ease, IL must be considered as
that Boyd's father, hav-
ing exercised an the rights Of
citizen. had In fact ia 1854 taken ont
his final naturalization papers The
court also hcli that there was such
thing as collective naturalization; that
the enabling act of Nebraska consti-
tuted a natura ization Of all the inhab-
itants Of Nebraska at the time of its
except such as desired To
retain foreign rights and that Boyd's
exercise Of various Offices showed his
intention TO become a citizen. Opinion
BY Chief Justice Fuller.
The courts order reads as
"The Judgment Of the supreme court
Of Nebraska is reversed and the cause
TO be proceeded in according
to law and in conformity with this
opinion"
Unless the Nebraska courts should,
Of their own accord, depart from the
usual custom. Gov. Boyd viii not
be reinstated in Office before March