The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1892-02-17
JAMES E. BOYD.

The United States Supreme Court at
Washington has decided in favor Of Boyd
m the Nebraska Governorship case.
The opinion was delivered by Chief Justice
Fuller. and its reading was lstenel to atten-
lively by crowded court room.
Ali the Justices of the court excepting
Justice Field concurred in the opinion,
although Justices Harlan, Gray and Brown
did not concur in one line OF reasoning.
The decision OF the court settles long
rontroversv over the right to the seat which
the Supreme Court gave 70 Governor
Boyd. By it the decision of the Supreme
court of Nebraska, holding that MIR. Boyd
was not citizen Of the United States and
sIlat Governor Thayer, whom he was elected
10 succeed. was entitled to hold Office until
a successor had been duly elected, is reversed
The main question in the case was whether
Nr. Boyd became a citizen Of the United
States without taking out naturalization
napers his father, a British subject, never
having become fully naluraiized, although
he had deciared his intention to take out the
necessary papers.
The elder Boyd came to this country when
his sor. toe plaintiff in the case, decided,
was a mere child. They settled in Ohio,
and the father gave notice of his intention
20 become a citizen. He failed, however, to
become citizen.
The son went to Nebraska when it was
Territory, and was one OF the foremost OF
the pioneers who developed it. He held sew
sral pubic offices, fought in the Union army
during the late war, and was member or
the committee that framed the Constltu.
tisn after it was admitted into the sister,
hood Of States.
No one questioned Mr.. Boyd's right to
vote and to exercise all the other privileges
Of citizenship, and it was not until after he
had served some time as Governor OF the
State. having been elected on the Democratic
ticket, that the question concerning his cit
isens,ip was raised. A long controversy
ensued as to whether Boyd or the former
Governor. Thayer, was entitled to the sest.
The case was finally carried to the Su-
yreme Court of Nebraska, and this court
decided that Boyd, not being citizen, had
not been elected and that Thayer should
hold Office until his successor had been
elected. This decision is reversed by the
Federal Supreme Court.
The elaborate opinion of the court deliv-
cred discusses the question Of citi-
senship fully. In citing many decisions on
tho right to citizenship gained though the
admission of Territory to Statehood, it
xsys that it has always been recognized that
those residing in Territories who had declared
mitted as such when the State in which they
hive is admitted to the Union.
The Anti-Lottery Law Sustained.
The United States Supreme Court has up
held the constitutionality of the recent Anti.
Lottery act of the last Congress, affirming
the decision in the case OF Deyne and
Rapier, publishers OF the New Orleans States
and the Mobile Register, who " ere indicted
On charges of sending through the mails
newspapers containing lottery advertise
nents. By common consent the cases were
made test suits as to the constitutionality OF
the law.
I Chies-Justice Fuller announced that,
ewing to the death of Justice Bradley, to
whom the writing Of the opinion in the anti
lottery cases had been given, the court would
postpone any elaboration or its views and
'oontine itself to the expression of the general
ground on which the decision proceeds The
court then said that the opinion in e1-parte
jackson held that the power vested in Con-
lgress to establish postofhces aud postroads
embraced the regulation Of the en- tire postal
system of the country, and designated what
may and what may not be excluded. The
power granted Congress was complete, and
carried with it power to forbid the use OF
1.-THE mails in aid OF the perpetration OF crime
q immortality.
The court saws there is no distinction be-
tween mala prohibita and mala in Sc. and
That it must be left to Congress in the exer.
eissof sound discretion to determine what
mall be excluded. There is no abridgment
At the freedom Of the press for the reason
that the Government does not prohibit COM
nunication by other means, but simply
through the Government agencies which it
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