Fisherman & farmer. [volume] (Edenton, N.C.) 1887-19??, 1892-02-12

Inc CnlCeu SIaLeS supreme COuFG d'
Washington has decided in favor of Boyd
in the Nebraska Governorship case.
The opinion was delivered by Chief Justice
Fuller, and it's reading was listened to atten
lively by a crowded court room.
All 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 a LONG
controversy over the right to the seat which
the Supreme Court gave to Governor
Boyd. By it the decision of the Supreme
Court Of Nebraska, holding that Mr.. Boyd
was not a citizen of the United States anG
that Governor Thayer, whom he was elected
to succeed, was entitled to hold office until
a successor had been duly elected, is reversed.
The main question in the case was whether
Mr. Boyd became a citizen Of the Unitej
States without taking out naturalization
papers, his father British subject, never
having become fully naturalized, although
he had declared his intention to take out the
necessary papers.
The elder Boyd came to this country when
his son, the plaintiff in the case, decided
was a mere child. They settled in Ohio
and the father gave notice of his intention
to become citizen. He failed however, to
become citizen.
The son went to Nebraska when it was a
Territory, and waS one of the foremost Of
the pioneers who developed it. He held sew
eral public offices, fought in the Union army
during the late war, and was a member of
the committee that framed the Consttu
tiCn after it was admitte into the sister
hood of States.
No one questioned Mr. Boyd's right ia
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
fI0-o hot fha h off
izenship was raised. A long controversy
ensued as to whether Boyd or the former
Governor, Thayer, was entitled to the seat.
The case was finally carried to the SUI
preme Court Of Nebraska, and this court
decided that Boyd, not being a citizen, had
not been elected and that Thayer should
hold Office until his successor had been
elected. This decision IS reversed hr' the
Federal Supreme Court.
The elaborate opinion Of the court deliv-
zenship fully. In citing many decisions on
the right TO citizenship gained though the
admission Of Territory to Statehood, it
says that it has always been recognized that
those residing in Territories who had declared
their intention to become citizens, are ad-
mitted as such when the State in which they
live 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
ana the Mobile Register. who we're indicted
on charges of sending through the mails
newspapers containing lottery advertise
ments. By common consent the cases were
made test suits as to the constitutionality Of
the law.
Chiet-Justice Fuller announced that.
owing 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 OF its views and
cOntine itself to the expression of the general
ground on which the decision proceeds. The
court then said that the opinion in ex-parte
Jackson held that the power vested in Con-
gress to establish postofices and postroads
EN- raccd the regulation of the entire 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
the mails in aid Of the preparation Of crime
CT immortality.
The court says there IS no distinction be-
tween mala prohibiJa and maia in Sc and
that it must be left to Congress in the exer
else of a sound discretion to determine what
shall be excluded. There is no abridgment
of the freedom of the press for the reason
that the Government does not prohibit com
munication by other means but simply
through the Government agencies which it
controls.