Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1892-02-02

United States ON Monday rendered n
decision Ia the long pending guberpa-
torial contest Of Nebraska Boyd,
claimant, We. Thayer, incumbent. The
decision oustssthe latter aud gives the
office to the former; or perhaps, In
view Of the fact that Boyd was himself
busted by tho Supreme Court Of the
State, II would be more proper TO say
that he IL reinstated aud the holding
over by rhsyef virtually declared H.
legal.
The decision will bring Joy 10 the
Democratic heart throughout the
country, aud particularly In Nebraska,
because Mr.. Boyd IL the first and only
Governor Of that political faith the
State has ever bad, and also because
Mr.. rhayor Ia by many especially dis
liked.
The grounds upon which the decision
rests weru Ia the main commented ON
by the DISCREET news when the Ia.
formation exudod through the pores OF
the Supreme Judges' consultation
room sone weeks ago. They are, In
brief, that Governor Boyu's father be-
came citizen, as II Is Inferred that he
took out his nnsl papers In Ohio
In 1854, before the sou was
OF age, and thus conferred
naturalization upon him, that Boyd
has given proof that he considered
himself n citizen, that the collective
naturalization intended by congress
and the people operate In the case u
Nebraska, and tina, 10y virtue Of the
enabling act, those Of foreign birth who
did not specially adhere to their for-
cign citizenship specially abandoned
II ia favor Of the United States. II Ia
noteworthy IN this connection, as
showing the diverse opinions which
may exist among those not extensively
learned In the law, that three OF the
Justlces-harlan, Grny and Brown
rejected the last named proposition and
accepted the first, aud that the opinion
Of the court on the latter was practl.
cally unanimous, there being but one
dissenter who either did not give an
opinion or whose opinion Is not given
10 the public.
The Court, TO make the matter the
more gratifying, hasnot oonslderod tho
partisan phase Of tho case at all, nor
does II seem TO have been controlled In
reaching a conclusion by lron.bound
rules or mere fragments Of statutes. II
has evidently taken up the whole case
and considered 1t In tho light Of equity
and substantial Justice, having due
reference 10 our progress as q nation
and our progressiveuess NJ people.
II il one OF the most healthful signs Of
the times from political point Of
Wow, because Il once more breathes
forth the doctrine not 40 much pTnc.
ticcd IN our earlier days and mca,ut-
ably lost sight Of for a short period
following the civil wAr-that reason
and justice should DO synonymous,
that common sense and common law
need not travel In dlverglng paths.
The question AZ 10 when Governor
Boyd will tale his seat IL still open,
however. To follow Immediately In
the wake OF the Supreme Courvs de-
cision and preserve It's spirit inyiolale.
the installation should occur without
another days delay. There are also
other reasons for this, chief among
which are the entanglementn sure to
result 10 the State, and the confusion
among the people by the continuance
Of u dc Jaoto executive In office, when
the executive dc juro 10 qualified and
ready TO assume his official dutiea,
lftheTe must DO another wait, pend
Ing the Issuance aud reception Of the
supreme Courts mandate, nothing Mt
variance with what has been going on
In Nebraska for ever a year can take
place til some time next month; this,
toe, IN the face OF tho Hat from
the chief tribunal being unappeal-
able, sud uuatsSilable, Ss well as
unsquiyooal and unmessured. Tho
proper thing would 10 for Governor
rhAycr, In vlew.oi his unpleasant 20.
sition and bis reported subsection 10
this will OF the Supreme Court, to ab.
dictate al once aud lot Gov. Boyd pro-
coed with the discharge OF tho duties
Of office without waiting for any fur.
Their red tape periormancesr