Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1892-02-06
BOYD Is GOVERNOR.


Nebraska Case In His Favor.
WASHINGTON, Feb. 1.-The United |
States supreme court, IN an elaborate
opinion just delivered by Chief Justice
Fuller holds that James 4. Boyd is n
citizen of the United 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 M. 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 supreme court
had jurisdiction of the case. Justices
Harlan, Gray and Brown, while
concurring in the conclusion of
the court that Boyd was citizen
of the United States, did SO on
the ground of the exercise of
all the rights of citizenship by Boyd's
father, resident of Ohio, as shown on
the record established. The assertion
is made by James T.. Boyd and his
father that the latter had in 1854 taken
out his final naturalization papers, al
though there is no documentary proof
of the issuance of these papers
The court also held that there was
such thing as collective naturaliza-
ton; that the enabling act of Nebraska
constituted a naturalization of all the
inhabitants of Nebraska at the time of
| it's admission, except such as desired to
| retain their foreign rights and that
| Boyd's exercise of various offices
| showed his intention to become citi-
| zen.
The main question in the case on
which the decision hinged was whether
MIR. Boyd became citizen of the Uni
ted States without taking out naturali-
zation papers, his father, a British sub
ject, never having become fully natural
lied, although he had declared his in
tention to take out the necessary papers.
The elder Boyd came to this country
from Ireland when his son, the plain
tiff in the case, was mere child. They
settled in Ohio and the father gave no.
tice of his intention to become a citi-
zen. He failed. however to become
naturalized. The son went to Nebras-
ka when it was territory and was one
of the foremost of the pioneers who
developed it. He held several public
Offices, fought in the late war and was
member of the convention that
framed the states constitution after
it was admitted into the sister,
hood of states. No one ques-
toned Mr.. Boyd's right to vote and
to exercise all the other privileges of
citizenship, and it was not until after
he had served for some time as gov
ernor of the state, having been elected
on the democratic ticket, that the
question 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
this court decided that Boyd, not being
a citizen, had not been elected and that
Thayer should hold Office until his sue
cessor had been elected. This decision
is reversed by the federal supreme
court.
Boyd was seen Monday, and in reply
to a question as to when he would take
his seat, said:
~ cannot tell, but can say that soon as
the supreme court has rendered its decision
, John M. Thayer must cease to act rs governor
and l become governor OF the state of Ne
braska. l am much more glad to have my
: citizenship in the state of Nebraska es
tablished than / can find words to express
. "Of course do not know what course Mr.
Thayer will pursue but l suppose he will u
once vacate the chair at the state capitol
I AS 1 said before ! cannot now say whel
, | shall go to Lincoln and formally tak'
I | my seat as the governor. L am governor
now, and as have been inaugurated, 1 cal
, | serve Just the same in Omaha for o day or tw'
as in Lincoln. Mr. Thayer cannot now even &C
as governor. Any papers which he may sign a
such or appointments he may make would b.
| Illegal so cannot think that he will attempt u
hold the office any longer"
The news that the supreme cour
had rendered its decision declarin!
Boyd to be citizen was first carries
> to Gov. Thayer by reporter. He wa
!. evidently expecting news, for sharl
i ring on the bell brought Thayer him
self to the door Immediately. From th
expression on his face it was easy t.
: see that he knew the reporter VIZ
the bearer of bad news When told til
decision he simply smiled and re
! marked: We'll" During the entir
r conversation the only perturbatio
= shown by him was slight biting q
l the lips. He did not wish to be inter
), viewed and was uncommunlcatlve
"Simply say for me-" he said, "that
9 bow to the decision of the suprem
u court of the United States"
: The important question now in tn
minds of the citizens is, will Thaye
. yield the Office gracefully and whe
will Boyd make formal demand fo
his seat? When the decision was II
mored month ago Gov. Thayer is re
70 ported to have said that in case the 81
preme court decided that Boyd was ell
= gible to the Office he (Thayer) would a
l. once and cheerfully vacate the office.
+ LINCOLN, Neb., Feb 2.-The news c
o the supreme court decision in tn
n Boyd-Thayer case caused some commt
s tion but little outward demonstrate
Y here, the general expression being on
4 of satisfaction that the long battle wa