The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1892-02-02

sion on an equal footing with the original
states, wherever it involves the adoption as
citizens of the United States of those
whom Congress makes members OF the
political community, and who are recog-
nlzed as such in the formation of new
state with the consent of Congress. The
question is not what a state may do in
respect to citizenship, but what Congress
may recognize in that regard in the forma-
ton OF the state. Application of this doc
trine is then made TO the case OF the state
of Nebraska and it's various proceedings
looking to admission considered, One
clause OF the state constitution adopted
provided that white persons of foreign
birth who declared their intention to De-
come citizens should be considered cleo
tors, and this Congress amended by de-
clarin 1t should not operate as discrimina-
ton on account of color. These provisions,
in connection with section 149 of the state
constitution that no distinction shall ever
be made by law between
RESIDENT ALIENS AND CITIZENS
in reference to property, seem to the
court clear recognition of the distinc-
ton between those who had
and those who had not elected to
become aliens. 1t follows from this that all
who declared their intention became citi-
zens. Congress so regarded and placed
| those whose naturalization was incomplete
IN the same category with persons already
citizens. But, says the court, it is argued
James 4. Boyd never declared his intention
to become a 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 citi-
zen by the admission act of Nebraska
The statutes, it says, leave much to be
desired with reference to the nationality
laws and the status of minors whose
parents declare their intention but do not
take out final papers before their children
reach tWenty-one years of age. Clearly
minors, the court says, acquire an inchoate
status by declaration of intention on the
part OF their parents. If they attain their
majority before their parents complete
their naturalization, they have a right tc
repudlate this status and accept a foreign
allegiance rather than hold fast to the
citizenship which their parents act
initiated for them. Ordinarily the minor
makes application on his own behalf fol
naturalization, but it does not follow an
equivalent may not on occasion be ac-
cepted
| IN LIEU OF TECHNICAL COMPLIANCE.
The history of Boyd is then traced. HI,
|
assurance from his father that he haC
taken out his final papers. Then is traced
Boyd's long career in Nebraska as 6
voter, Office holder and soldier against the
Indians with view of showing for ovel
thirty years Boyd enjoyed all the rights o.
citizenship. Under the circumstances
James E. Boyd, the court says, is en-
not complete, his naturalization be
fore his son attained his majority
} The son cannot be held to have held thu
inchoate status he acquired by the declara
} ton of intention. On the contrary thu
oath that he took and
HIS ACTION AS CITIZEN
entitled him to insist upon the benefit o
his fathers act and placed him in the sam
category as his father would have occupied
If he had emigrate6 to the territory o
t Nebraska, that In short he was within thu
intent and meaning of the acts of Congress
, in relation to citizens of that territory an
was made citizen of the United State
and of the state of Nebraska under tn
organic and enabling acts and acts of ad
mission. Another and shorter course o
|. reas oning brings the court to the same con
cluson.
After citing number of similar cases
the court says there can be no doubt tn
fact that Boyd's father became natura
lied citizen before October, 1854, is we
t pleaded in Boyd's answer, and is therefor
! admitted by the demurrer in behalf c
Thayer.
THE COURTS ORDER
: reads as follows: The judgment of tn
spreme court of Nebraska is reversed an
!, the case remanded to be proceeded in cor
I formity with this opinion.
a Unless the Nebraska courts should
a their own accord, depart from the usus
+ custom, Governor Boyd will not be reir
q stated before March, at the earliest.
ExAttorney General Garland asked fc
:, a mandate from the court this Afternoon
4 but Chief Justice Fuller said the coul
q could not depart from its usual custom an
o would not issue mandate before the usu;
time, unless notice of intention be give
g the other side. The motion of Garland we
therefore denied.
y AS the court to-day adjourned until Fel
ruary 30, this action of the court will hav
the effect of delaying the issuance of til
J. courts order until after its reassemblinl