The Goodland republic. [volume] (Goodland, Kan.) 1891-1907, 1892-02-12

oIlely reIerreu 10 ana Ihe court saws.
''The policy which sought the DEVELOPMENT
of the country by inviting the partieipa.
ton 10 citizenship OF those who would on.
gage in the abors and endure the trials NJ
frontier life, which has so vastly contri.
buted to unexampled progress Of the ma.
ton, iustities the application of a liberal
rather than technical rule in the solution
Of the question before us.n
Under the circumstances James E. Bovd
the court holds, is entitled TO claim that
If his father did not complete his natural
ization before his son had alta ned major
ity the son can not be held to have lost the
inchoate status he had acquired by the
declaration Of intention. On the contrary
the oaths he took and his action as citi-
zen entitle him to insist upon the benefit
OF his fathers act and have placed him in
the same category as his father
would have occupied If he had emf
grated to the territory of Nebraska; that
in short he was within the intent and
meaning OF the acts of congress in rela-
tion to citizens of the territory and was
made citizen of the United States and
the state Of Nebraska under the organic
and enabling acts and under the act Of adj.
mission.
Another and shorter course Of reasoning
brings the court to the same conclusion.
1t takes up the ayertment in the answer
of Boyd, declaring that his father had
made his declaration of intention, had for
forty-two years exercised the right of citi.
zenship in Ohio and also distinctly
alleging 'on information and belief
that prior to October, 1858, his
father did in fact complete his
naturalization in strict accordance with
the law, and informed respondent at the
time Of that fact" The court holds on
the authority Of Justice Miller in Mitchell
VS.. Clarke, that 1t has the right to deter.
mine for itself the sufflciency of this allie
cation, and that it is not concluded by the
Wow taken by the Nebraska supreme
court 1t is true, it says, that under the
naturalization laws naturalization can
only be completed before court and
that the usual proof Of naturalization is
q copy Of the courts record. But citing
Blight vs. Rochester and Hogan VS.. Curtz,
the court says it is equally true that
where no record Of naturalization can be
produced evidence that a person having
the requisite qualifications to become a
citizen did in fact and for a long time
vote and hold Office and exercise rights be.
longing to citizens, is sufficient to war;
rant jury in bferring that he had been
duly naturalized as citizen
Such being the settled law the courts
aver there can be no doubt that the fact
that Boyd's father became a naturalized
citizen before October 1854, is well
pleaded in Boyd's answer and is therefore
admitted by the demurrer on behalf OF
Thayer. Specific allegations Of the time
and place and court OF naturalization
would have been superauous and in view
of Boyd's imperfect information as mani
fest upon the face Of the answer of a
transaction taking place long ago, hardly
possible. Under the allegation made, a
jury would have been warranted in in.
ferring that Boyd's father became citi-
zen of the United States before 1851 and
consequently that Boyd was a citizen.
For this reason. without regard to any
other question argued in the case, Boyd
was entitled to judgment upon demurrer.
Justices Harlan, Gray and Brown con.
Cured in the conclusions of the court for
this latter reason only.
The courts order reads as follows: "The
Judgment OF the supreme court Of Nebraska
is reversed and the cause remanded to be
proceeded with according to law and in
conformity with this opinion"
Unless the Nebraska courts should of
their own accord depart from the usual
custom Governor Boyd will not be rein
stated in office before March at the
earliest
Ex-Attorney General Garland asked for
mandate from the court this afternoon,
but Chief Justice Fuller said that the court
could not depart from it's usual custom
and would not issue mandate before the
usual time unless notice of intention should
be given the other side The motion OF
Mr., Garland was therefore denied.
OMAHA Neb., Feb. 2 Though Omaha
Democrats were wild with enthusiasm
over Mr.. Boyd's victory in his guberna-
torial contest the governor took the mat
ter very coolly. 81 don't believe can say
anything for publication, he said.
when will you take your seatF'
81 can not tell but can say that as soon
rs the supreme court has rendered its de.
cision John NJ Thayer must cease to act as
governor of the state of Nebraska am
much more glad to have my citizenship
in the state of Nebraska established
than l can find words to express
OF course dc not know what course Mr..
Thayer will pursue, but suppose he will
at once vacate the chair at the state capt.
toll AS l said before | can not now say
wher shall go to Lincoln and formally
take my seat US tho governor /
am governor now and as have
been inaugurated 1 can serve Just
the same in Omaha for day or two
as in Lincoln. Mr.. Thayer can not now
even act as governor. Any papers which
he may sign as such or appointments he
may make would be ILLEGAL So 1 can not
think that he will attemp to hold the Of
tice any longer"
The news that the supr curt had
rendered its decision d,cI ii ID to be
O citizen was first carrii GOVERNOR
Thayer by reporter He co..i not be
found at his office in the state house at
Lincoln and q trip was made to his home
He was evidently expecting news, for a
sharp ring on the bell brought
T6ayer himself to the door immed .ately
From the expression of his face 1t
was easy to seen taat he knew tlat the re-
porter was the bearer Of bad news. When
told the decision he simply smiled and re-
marked "Woll," During the entire con-
versation the only perturbation shown by
him was slight biting Of the lips. He
did not wish to be interviewed and was
very uncommunicative.