The morning call., 1892-02-02
IN BOYD'S FAVOR.
The G0YernOrShip Of Nebraska
Settled.
Decision Of The Supreme Court on the
Question Of Citizenship.
The Naturalization Of BOyd'S Father Said 10
Have Been Completed The Nebraska
Decision Reversed.
Special 10 The MoRNINs CALL

VIC COuCluolUu Vi Gu6 court LIldI DOyu was
citizen Of the United States, and entitled
to the Office of Governor of Nebraska. JUS
tces Harlan, Gray and Brown cOucurred in
that part of the opinion which held that
Boyd was citizen. because from the record
in the case it might be considered as estab-
lished that Boyd's father, having exercised
all the rights of a citizen, had, in fact, in
1854, taken out his final naturalization
papers, Notwithstanding he did not have
the record of such final naturalization
papers. These three Justices, although that
fact was not stated in so many words by the
court, did not assent TO the conclusion
reached by other Justices that Boyd was
also a citizen on another ground, viz that
the enabling act of Nebraska constituted
the collective naturalization of all the in
habitants thereof at the time of its admis-
sion into the Union, except such as an
nOunced that they intended to retain their
rights as citizens or subjects Of a 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 he took at various
times show clearly that It was his intention
to become citizen of the United States,
aud that, in fact. he so considered himself.
SUMMARY OF THE OPINION.
Following is summary Of the opinion Of
the court, which is not a verbatim state
ment Of the argument, though the following
conclusions were reached in the line of
reasoning of the opinion:
The court says that on January 13,
1891, leave was ganted to John NJ. Thayer
by the Supreme Court Of Nebraska to file
proceedings looking to Oustng Boyd from
the office Of Governor of Nebraska. The
court then reviews the charges contained in
the information fled by Thayer, the point,
as is well known, being that BOyd'S father,
although he he'd declared his intention to
become a citizen of the United States and
had, in Ohio, for years exercised unques-
TONED the rights Of voting and holding office,
had, In fact, never taken out his final natu-
ralZatlOn papers, and was therefore, not a
citizen and that as James L. Boyd himself
never had been natuTalZed, but voted and
held Office under the belief that his father
had become a natuTalized citizen while he
WAS minor; that, therefore, under the Con-
stitution, James L. Boyd was not a citizen,
and therefore, not eligible to the Office of
Governor Of Nebraska. The State COnsti-
tuition requires the Governor shall be a
citizen OF the State for at least two years
preceding his election. Boyd, In his reply,
claimed the enabling act of Nebraska con-
stltuted the collective naturalization of all
its inhabitants at the time of admission to
Statehood, and also asserted that his father
had in 1854 taken out his first naturalization
papers, although the record did not show
such fact.
QUESTION OF JURISDICTION.
The court first devotes some space to the
argument in support of its rights of juris-
dictiOn under the mode of procedure under
XHybi ba haf f,a
conclusion that while the AttoTney-General
of the State refused to institute suit against
Boyd, Thayer, as the aggTieved party. had
the right TO bring suit in the nominal name
of the State, and that the question being one
of denial of constitutional right to Boyd
had made Federal question which could be
reviewed here. The court says it under
stands it is insisted that Boyd was an alien
because his disabilities as foreign born
citizen had never been removed by naturall-
ZatiOn. Congress, 1t says, in the exercise Of
the power to establish a uniform rule of
naturalization, had enacted general laws for
the naturalization of individuals, but that
instances of collective naturalization by
treaty or statute are numerous.
COLLECTIVE STANDARDIZATION
The court then says: There can be no
doubt that in the admission of a State col
lectiYe naturalization may be effected in ac-
cordance with the intention of Congress
anu tlO pOuplO dpplyluB lOi dunlSSlUu.
The admission on an equal footing with the
original States, in all respects whatever,
involves the adoption as citizens of the
United States those whom Congress makes
members OF the political community, and
who are recognized as such in the forma-
ton Of the new State with the consent Of
Congress. The question is not what the
State may do in respect to citizenship, but
what Congress may recognize In that re-
gard in the formation of State. The ap-
picatiOn Of this doctrine is then made to
the case of the State of Nebraska and its
various proceedings looking to admission
considered. One clause Of the State
Constitution adopted provided that white
persons OF foreign birth who declared their
intention 10 become citizens should be con-
sidered electors, and this Congress amended
by declaring it should not operate as a dis
elimination on account OF color. These pro-
visions, in connection with Section ii of the
State Constitution, that no distinction shall
ever be made by law between resident aliens
ana citizens in reference to property, seems
TO the court the clear recognition of a dis
tinction between those who had and those
who had not elected to become aliens 1t
follows from this that all who declared their
Intention to become citizens, Congress so re-
garded. and placed those whose natuTalza-
ton was incomplete in the same category
with persons already citizens.
HIS FATHERS CITIZENSHIP.
But, says the court, il is argued that
James Boyd never declared his intention to
become citizen Of the United States, al
though his father had, and that because. as
alleged, his father had not completed his
naturalization before his son attained his
majority, the latter cannot be held to have
been made citizen by the Admission Act
of Nebraska. The statutes, it says, leave
much to be desired with reference to ma
tionality laws and the status of minors
int huf
do not take out final papers before children
reach 81 years of age. Clearly minors, the
court says, acquire inchoate status by the
declaration of intention on the part of their
parents. IL they attain majority before the
parents complete naturalization they have
the right to reDudiate the status and accept
foreign allegiance rather than hold fast to a
citizenship which the parents act initiated
for them. Ordinarily, q minister makes ap-
plication on his own behalf for naturaliZa-
tion, but it does not follow the equivalent
may not on occasion be accepted in lieu of
technical compliance.
BOYD's HISTORY TRACED.
The history of Boyd is then traced of his
voting in Ohio in 1856 under the belief 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
a voter an 0t1ice-holder and soldier against
the Indians, with the view Of showing that
for over thirty years Boyd enjoyed all the
rights of citizenship. Under the circum-
stances James E. Boyd. the court says, is
entitled to claim, Ii his father did not COM
plete his naturalization before his son had
attained a majority, that the son cannot be
held to have held the inchoate status he ac-
quired By declaration of intention. On
the contrary, the Oaths taken and his action,
as a citizen, entitled him to Insist upon the
benefit o1 his fathers act ana placed him in
the same category as his father would have
occupied if he had emigrated TO the Terri
tory of Nebraska; that. in short, he was,
within t. intent and meaning of the acts OF
Congress In relation to citizens, a citizen of
the Territory. and was made citizen of the
United States aud of the State of Nebraska
under the organic and enabling acts and
acts of admission. Another and shorter
course Of reasoning brings the court TO the
same conclusion
After citing number Of similar cases.