St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1892-02-02
BOYD GETS JUSTICE,
Nebraska's Lawfully Elected
Governor Is Upheld in His
Rights.
The Supreme Court Decides
That He Is a Citizen in
Every Sense.
Full Text Of the Decision Rem
dered by Chief Justice
Fuller.
Difference Of Statement as to
When Boyd Can Take the
Office.

WASHINGTON, Feb. 1.-The United
States supreme court, in an elaborate
opinion by Chief Justice Fuller. today
held that James E. Boyd is citizen of
the United States and was a citizen for
two years preceding his election as
governor OF Nebraska, and that, conse-
quently, he is entitled to the office. and
that John M. Thayer, the hOid-over gov
ernor, who denied the right of Boyd to
succeed him, must give way. All the
Justices of the court except Justice
Field united III the conclusion that the
United States supreme court had juriS-
diction of the case.
Justices Harlan, Gray and Brown.
while eoncurring in the conclusion of
the court that Boyd was citizen OF the
United States. did so on the ground that
the exercise of all the rights and priv
ileges of citizenship by Boyd's father,
resident of Ohio, as shown Oh the rec
ord, established the assertion made by
James E. Boyd and his father that the
latter had in 1854 taken out his final
naturalization papers, although there is
no documentary proof of the issuance
OF those papers. These three justices,
although that fact was not stated in so
many words by the court, did not assent
to the conclusion reached by the other
justices that Boyd was also citizen Oh
another ground-yiz., that the enabling
act of Nebraska constituted
A Collective Naturalization
of all the inhabitants thereof at the
time of Its admission into the Union.
except such as announced that they in
tended to retain their rights as citizens
or subjects of foreign nation, and that
the various Offices held by Boyd, and
the exercise of the right Of suffrage by
him, with the oat1s of allegiance to the
United States he took at various times,
shows clearly that it was his intention
to become a citizen of the United
States, and that in fact he so considered
himself.
The following is summary of the
opinion of the court, which is lot
veritable statement of its argument,
though following the conclusions
reached and the line of reasoning of the
opinion:
The court says that on Jan. ID, 1891,
leave was granted 10 John ii. Tnayer
by the supreme court of Nebraska to
file proceedings looking to the ousting
of Boyd from the Office of governor of
Nebraska. The court then reviews the
charges contained i'll the information
tiled by Thayer, the point, as is we'll
known, being that BOyd's father, al
though he had declared his intention to
become a citizen of the United States,
and had. in Ohio, for years exercised
uEQuestiCned the rights of voting and
holding office, had, i'll tact, never taken
out his final naturalization papers, and
was therefore not 4 citizen: and that, as
/ James E. Boyd himself had never been
naturaliZed, but had
Voted and Held Office
Under the belief that his father be-
came llaturaiiZed citizen while he was
miner, therefore. under the consttu-
ton, James E. Boyd was not a citizen,
and therefore not eligible to the office of
governor of Nebraska, the state consti-
tuition requiring that the governor shall
be governor of the state for at least
two years preceding his election. Bovd
claimed that the enabling act of Ne
braSka constituted collective naturali-
cation of all its inhabitants at the time
of admission to statehood, and also
asserted that his father had in 1854
taken out final naturalization papers,
although the record did not show such
fact
The court first devotes some space to
an argument in support Of its right of
jurisdiction under the mode of proceed
ure under which the case comes before
it. reaching the conclusion that, while
the attorney general of the state re-
fused to institute suit against Thayer,
Boyd, as the aggrieved party, had
right to bring the suit in the nominal
name of the state, and that, the question
being one of a denial of a constitutional
right, Boyd had made a federal question
which could be reviewed here. The
court says it understands it is insisted
that Boyd was an alien. because his
disability as foreign-born citizen had
never been removed by naturalization.
Congress. it says, in the exercise of
the power to establish a uniform rule
of naturalization. has enacted general
laws for naturalization of individuals;
but the instances of collective naturali-
cation by treaty or statute are numer-
Gus.
Point of Difference.
The court then says: There can be
no doubt that in the admission of state,
collective naturalization may be eff !
fected in accordance with the intention
of congress and the people applying for
admission. Admission OH an equal
lOOtlllS Will ltiC OTlSilldl states, III all
respects whatever, involves the adop-
ton as eli liens of the United States of
those whom congress makes members
of the political community, and who
are recognized as such i'll the formation |
of the new state with the consent of |
congress. The question is not what
state may do in respect of citizenship, |
but what congress may recognize in that |
regard in the formation of the state.
The application of this doctrine is |
then made to the case of the state of |
Nebraska, and Its various proceedings |
looking to admission are considered. |
One clause of the state constitution |
adopted provided that white persons of |
foreign birth who had declared their in
tention to become citizens should be |
considered electors. and this congress |
amended by declaring that it should not |
operate as discrimination on account |
of color. These provisions, in connec-
ton with section IA of the constitution |
that ''no distinction shall ever be made |
by law between resident aliens and citi-
Zens in reference TO property" seems to |
the court clear recognition of the dis
tinction between those who had and |
those who had not elected to become |
Aliens 1t follows from this thatall who !
had declared their intention to become |
citizens, congress so regarded and |
placed those whose naturalization Was |
incomplete In the same category with |
persons already citizens.
Declaration OF Intention.
But, says the court, it is argued that |