The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-02-02
GOVERNOR BOYD A CITIZEN.
United States Supreme Court Reverses
Decision Of Nebraska Supreme Court.

United States Supreme Court Reverses
Decision Of Nebraska Supreme Court.
WASHINGTON CRY, Feb. 1.-The United
States supreme court today decided in
favor of James E. Boyd in the Nebraska
governorship case. All the justices except
Field concurred in the conclusion of the
court that Boyd was a citizen of the
United States and entitled to the office of
governor of Nebraska
Justices Harlan, Gray and Brown con-
Cured IN that part of the opinion which
held that Boyd was a citizen because from
the record in the case it must be consid-
cred as established that Boyd's father,
having exercised all the rights of citi-
zen, had, in fact, in 1854, taken out
his hnal naturalization papers. notwith-
standing that he did not have record
OF such tinai naturalization papers. These
three jurists. although that fact is not
stated In so many words by the court, did
not assent to the conclusion reached by the
other justices that Boyd was also citizen
on another ground, viz. that the enabling
act of Nebraska constituted collective nat
uralization OF all the inhabitants thereof
at the time of its admission into the Union,
except such as had announced that they
intended to retain their rights as citizens
or subjects of foreign nation, and that
the various offices held by Boyd and the
exercise of the right of suffrage by him,
with the oaths of allegiance to the United
States be took at various times, show
clearly his intention to become citizen of
the United States, and that it is fact that
he so considered himself.
Following is a summary of the opinion
of the court, which is not a verbatim state
ment of its argument, though the follow
ing conclusions were reached and the line
OF reasoning of the opinion is given:
The conrt says that on January Is, 1891, leave
was granted to John NJ. Thsyer by the supreme
court of Nebraska to file proceedings looking to
ousting Boyd from the office OF governor of
Nebraska.
The court then reviews the charges contained
In the information filed by Thayer, the point, as
is well known, being that Boyd's father,
although he had declared his intention to be-
come q citizen of the United States, and had in
Ohio for years exercised the unquestioned
right OF voting and holding Office,
had, In fact never taken out his
maj naturalization papers, and was
therefore not citizen, and that as James F.
Boyi himself had never been naturaized, but
voted ald held Office under the belief that his
father had become a naturalizsd citizen while
he was minor, therefore. under the eonstitu-
ton, James +. Boyd was not a citizen aud there
fore not eligible to the Office of governor OF Ne
brasks, the state consultation requiring that the
governor shall be citizen of the state for at
least two years preceding his election. Boyd in
his report, claimed that The enabling act OF Ne
braska constituted a collective naturali zatfon
of al the inhabitants at the time of admission
10 statehood, snd also asserted that his father
had in 1854 taken out his final naturalization
f,n-n ef,a "a
fcct
Tho court first devotes some space 10 arru-
rlent in support of its right OF jurisdiction under
the mode of procedure under which the case
comes before IL. reaching the conclusion that
while the attorney general OF the state refused
to institute suit against Boyd, Thayer as the
aggrieved party, had a right to bring suit in the
nominal name of the state, and that the cues.
ton being one OF denial Of "A constitutional
right OF Boyd had made il federal question.
which could be reviewed here. The court saws
Il understands that il is insisted that Boyd was
alien because his disability as q foreign born
cittzea had never been removed b. naturalizs-
ton. Congress, IL says, In the exercise of ifs
power 10 establish uniform rule OF usturaliza-
ton, hss enacted general laws for the natural.
ization Of individuals, but instances OF col .ect.
i've naturalization by treaty or statute are nu-
merous
The court then says there can be no doubt
that IN the admission OF state collective natur-
slisstion may be affected in accordance with the
intention Of congress aud the people applying
fo- admission. Admission on az equal footing
with the original states IN all respects whatever
involves adoption as citizens OF the United
states of those whom congress makes mem bers
OF political community and who are recognized
s. such IN the formation of new state WIKI
the consent OF congress. The question is aoJ
what state may do IN respect 70 eitizensh D.
bu; Whist congress may recognize in that reCar
IL tie formation of G state. The application
Of this doctrine is then made to the
state of Nebraska. and its various
proceedings looking 20 admission are considered
one clause Of the state constitution adopted
provided that white persons Of foreign birth
who h.d declared their Intention to bzcome
citizens should be considered electors, and thi-
congress amended by declaring that il should
Mt operate as a discrimination OF account Of
color. These provisions, IN connection with
SECTION "a OF tie state constitution that no DIS
ancti0a shall ever BE made BY law between reSi.
beats. aliens and citizens n reference to prop
eTiy, seems 70 the court clear recognition OF
the dIsSacuoa between thosa who had anu
those who had not elected 70 become aliens. 4
follows from ths that al who had declared their
intention 10 become citizens congress 50 II
gsTded and placed those whose naturalization