The World. [volume] (Martinsburg, W. Va.) 1891-1896, 1892-02-05
BOYD IS GOVERNOR.
The Nebraska Contest Settled by
the Supreme Court.
qHAYER MUST STEP DOWN ANDoU

The Decision of the Supreme Court
of Nebraska Overruled. Justice
Field Alone Dissenting-The Anti
Lottery Law Declared Constitu-
tionaI.
WASHINGTON Feb. 2-The United
States supreme court, in an elaborate
opinion by Chief Justice Fuller. held
that james e Boyd is citizen of the
limited States and was citizen for two
years preceding his election as governor
of Nebraska. and that, consequently
he is entitled to the office, and that John
NJ. Thayer. the hold over governor, who
denied the right of Boyd to succeed him,
must give way. All the justices of the
court except Justice Field united in the
conclusion that the United States SUI
pseme court had jurisdiction of the case.
he Question at Issue.
The main question in the case, and on
which the decision hinged, was whether
Mr.. BOYD became citizen of the United
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 from
Ireland when his son, the plaintiff in
the present case, was mere child. They
settled in Ohio and the father gave
notice of his intention to become citi-
zen. He failed, however, to become
naturalized. The son went to Nebraska
when it was a territory, and was one of
the foremost of those pioneers who de-
veloped IT, He held several public
Offices, fought in the Union army during
the late war and was a member of the
committee that framed the constitution
after it was admitted into the sisterhood
of states.
No one questioned Mr.. Boyd's right to
vote and to exercise all the other privi-
leges of citizenship. AID it was not until
after he had served some time as gov
ernor of the state having been elected
on the Democratic ticket, that the ques
ton concerning his citizenship 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 supreme
court of Nebraska, and the court decided
that Boyd, not being q citizen, had not
D6Sil elected, anu bfldb IHdVef SnOuIN
hold office until his successor had been
elected This decision is reversed by the
federal supreme court.
Justice Field Dissents.
Justice Field, in dissenting opinion,
said he thought the supreme court had
no jurisdiction to determine a disputed
question as to the right to the governor
ship of a state, however the question
may be decided by its authorities, right
or wrong. The power of the general
government, to interfere with the admin
istration of affairs of state and its Off
GERS extend only SO far as may be neces-
sary to secure to it a republican form of
government or to protect against an in
vasion and domestic violence. How could
this court, in case of refusal of the in.
cumbent to vacate his Office, enforce its
order? An attempt to do so by force.
the justice said, would not be sustained
by the executive, or by congress or the
people.
The supreme court also upholds the
constitutionallty of the recent anti-lo
terry act of the last congress, affirming
the decision in the case of Deyne and
Rapier, the publishers of the New Or
leans States and Mobile Register, who
We're indicted on charges of sending
through the mails newspapers contain
ing lottery advertisements. BY common
consent the cases We're made test suits
as to the constitutlonality of the law.