Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1892-02-12

ehde pcCduoe, uS ulleBeu, MS laIncr
had not completed his naturalization
before his son attained his majority.
the father cannot be held to have been
made citizen by the admission act OF
Nebraska. On this point the court
quotes from the acts OF 1890, 1895.
ami 1902, 'that minor children OF nat.
uralized parents shall. at the age OF
q years. be deemed TO be citizens"
The statutes. it says. leave much to
be desired with reference to national
ity laws and the statements OF his par
ents, VINO declare their intentions but
40 not take out final papers before the
children reach 2l years OF age. Clearly
minors, the court says acquire an in
choate status by the declaration OF in
tcntion on the part OF their parents.
TECHNICAL POINTS REPUDIATED.
II they attain majority before the
parent becomes to oe u natural citizen,
they have right to repudiate the
status and accept foreign allegiance
rather than hold fast to the citizenship
which the parents act has initiated for
them. Ordinarily the minor makes
application on his own behalf for nat
uralization, but it does not follow that
an actual equivalent may not OCCASION
ally be accepted in lieu OF technical
compliance.
The history of Boyd is then traced
from his voting in 1856 under the be-
lief and assurance from his father that
he (the father) had taken out his final
papers. Then Is traced Boyd's long
career in Nebraska as voter, office
holder and soldier against the Indians
with the view OF showing that for over
thirty years Boyd had enjoyed all the
rights OF citizenship. Tho hardships
OF the pioneers is briefly referred to-
and the courtesy-the policy which
sought the development OF the country
by inviting the participation in CITIZEN
ship those who would engage in the
labors and endure the trials OF frontier
life which has so vastly contributed to
unexampled progress OF the nation
justites tho application of liberal
rather than a technical rule in the Sit
uatlon OF the question considered.
OATH OF THE son sUFFICED.
Under the circums tances. james T..
BOYD, the court says is entitled to
claim that ii his father did not COM
plete his naturalization before his son
had attained majority, the son cannot
be held to have lost the inchoate stat
US ne had acquired by the declaration
OF intention; on the contrary that the
oaths he took and his action as a citi-
zen entitle him to insist upon the ben
eft OF his fathers act and has placed
nm IN the same category as his father
would have occupied If he had emmi-
grated to the territory OF Nebraska;
that in short he, within the intent and
meaning of the acts OF congress in re-
lation to citizens of the territory, and
was made citizen OF the United States
OF the state OF Nebraska under the Or
ganic and enabling acts and under
the act OF admission.
Another ana shorter course of rea-
soning brings the same conclusion. 1t
takes up the averment in the answer
OF BOYD, declaring that his father had
made his declaration of intention and
had for fortytwo years exercised the
right OF citizenship in Ohio and also
distinctly alleging ION information and
belief that prior to October, 1858. his
father did in fact complete his natur.
alizatlon in strict accordance with the
law ami informed respondent at the
time OF that fact"
PRECEDENT ESTABLISHED.
The court holds. on the authority OF
Justice Miller in Mitchell against
Clarke, that it has a right to deter
mine for itself the sutficiency of this
allegation and that it is not concluded
by the view taken by the Nebraska
supreme court 1t is true that under
the naturalization laws, naturalization
can only be completed before n court
aud that the usual proof OF naturaliza-
ton is copy of the courts record.
But citing Blight against Rochester
and Hogan against Curtz the court
says 1t is equally true that where no
record OF naturalization can be pro-
duced, evidence that person having
the requisite qualifications to become
Il citizen did in fact and for a long
time vote and hold Office and exercise
rights belonging to citizens; is suf-
fcient to warrant jury in inferring
that he had been duly naturalized as a
citizen Such being the settled law the /,
court says there can be no doubt that
the fact that Boyd's father became ,
natnralized citizen before October 1854 !
Is well pleaded in Boyd's answer and
Is therefore admitted for the demurrer
on behalf of Thayer. Specific alleca-
tions OF the time and place and court
OF naturalization would have been su-
perfuous and in view OF Boyds i'm !
perfect information as manifest upon
the face OF the answer OF transac- !
ton taking place long ago hardly pos
sible.
HOW JURY WOULD HAVE HELD.
Under the allegations made Jury
the court holds, would have been war
ranted in inferrlng that Boyd's father
became citizen OF the United States
before 1915, and consequently that !
Boyd himself was citizen. For this |
reason, without regard to any other
question argued in the case, the court
says BOYD was entitled TO Judgment
upon the demurr.
Justices Harlan, Gray and Brown
concurred in the conclusions OF the
court for this reason only. The courts
order reads as follows:
FINAL ORDER OF THE COURT.
The judgment OF the supreme court
OF Nebraska is reversed and tho cause
remanded to be proceeded in according