The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-02-02

was incomplete In the same category with per-
SONS already citizens.
But, says the court, it is argued that James F
Boyd had never declared his intention 10 be-
come citizen OF the United States, although
his father had, and that because, rs alleged. his
father had not completed his naturalization be-
lore his son attained his majority, the latter
cannot be held TO have been made q citizen BY
the admission act OF Nebraska The statutes it
says, leave much TO describe with
reference to the naturalization laws and
the states of minors whose parents
have declared their intention but do not take
out final papers before their children reach q
years OF age. Clearly minors acquire status BY
declaration of intention on The part OF tceir
parents. IL they attain majority before their
parents have completed ADMINISTRATION they have
the right TO repudiate this status and accept for
eign allegiance rather than TO hold fast to eiti-
zenship which the parent's act initiated for
them. Ordinarily the minor makes application
on his own behalf for naturalization, but il does
not follow that al equivalent may not, on occa-
sion, be accepted in lieu OF technical coZnpli-
ance.
The history OF Boyd is then traced, and his
voting in Ohio in 1855. unde. the belief and as
suraDee OF his father that he had taken out his
Anal papers. Then is traced Boyd's long career
in Nebraska as s voter, oficehoider and soiiier
against the Indians, with a view OF showing
that for over thirty years Boyd enjoyed all the
rights OF ei1ZenSnip O0der the circumstances
James z. Boyd, the court says, is entitled 70
the claim that if his father did not CON-
plete his naturalization before his son
had attained his majority, the son
cannot be he 70 have held inehoate the status
he acquired By the declaration of intention,
but, on the contrary. that the oath he took and
his action citizen entitled him to insist
upon the benefit of his fathers act and place
him in the same category as his father would
have occupied Ii he had immigrated to the ter
ritory OF Nebraska That, in short, he was,
within the intent and meaning of the acts of
congress in relation TO the citizens of the terri
tory, made citizen of the United States and of
the state of Nebraska under the organic and en-
abling acts and the act of admission Another
and shorter course of reasoning brings the court
TO the same conclusion.
After citing number of similar cases, the
court says there can be no doubt the fact that
Boyd's father became a naturalized citized be-
fore October, 1854, is well pleaded in Boyd's an
swer and is therefore admitted by a demurrer
on behalf OF Thayer. The courts order reads
as follows:
The judgment of the supreme court of Ne
oraska l. reversed an the case remanded to be
proceeded with according to law and in con-
formity with this opinion.
Unless the Nebraska courts should of
their own accord depart from their usual
custom. Governor Boyd will not be REIN
stated in Office before March at the earli-
est. Ex-Attorney-General Garland asked
for mandate from the court this after
noon, but Chief Justice Fuller said the
court could not depart from its usual Gus
tom, and would not issue a mandate be-
fore the usual time, unless notice of inten-
ton be given on the other side. The motion
OF Garland was therefore denied.
As the court today adjourned until Feb
ruary %, this action of the court will have
the effect of delaying the issuance of the
courts order until after its reassembling.
LINCOLN, Neb., Feb. News of the de-
cision of the United st ates supreme court
in the Boyd-Thayer case was received
quietly here. Governor Thayer de-
ciined TO be interviewed, merely
stating that he would abide by the
decision of the supreme court. The
other state officers were generally
communicative. The appointive off,
GERS accept the decision as final, and are
preparing to turn over their offices to
other hands when Governor Thayer va
Gates. The state supreme court will not
meet until the 18th, and all the justices
are out of the city.