The Sedalia weekly bazoo. [volume] (Sedalia, Mo.) 187?-1904, 1892-02-09

tecnc.cal coEp..dEcc
The history 9! EcTd Is then traced, bis
voting ;r Ohio gn.er re eelief ard as.ur.
ace from his father Wat &c tsbe fa,berI
had Isxen 81. his eaaI sspe.s. bis ioneca-
reer in Nebraska as voter, Office holder
and soldier against the Indian with the
view of showing that for over thirty years
Boyd had enjoyed all the rights Of citizen
ship. The hardships of the Pioneers are
briefly referred TO and the court says:
THE policy which sought the development
Of the country by inviting the participa-
ton in citizenship Of those who would en-
gage in the labors and endure the trials OF
frontier life. which has so vastly contri-
buted 10 unexampled progress Of the ma
ton, iust.fies the application Of a LIBERAL
rather than a technical rule in the solution
Of the question before u.s."
Under the circumstances James +. Boyd,
the court holds, is entitled TO claim that
If his father did not complete his natural
ization before his son had alta ned major
ity the son can not be held to have lost the
inchoate status he had acquired by the
declaration of intention. On the contrary
the oatas ne took and his action as d citi-
zen ent!tle him to insist upon the benefit
OF his fathers act ana have placed him in
the same category as his father
would have occupied if he had emf
grated 10 the territory of Nebraska: that
in short he was within the intent and
meaning of the acts OF congress in rela-
ton 10 citizens of the territory and was
made citizen OF the United States and
the state of Nebraska under the organic
and enabling acts and under the act of ad-
mission.
Another and shorter course of reasoning
brings the court to the same conclusion.
II takes up the averiment N the answer
of Boyd, declaring that his father had
made his declaration of intention, had for
forty-two years exercised the right Of citi-
zenship in Ohio and also distinctly
alleging ION information and belief
that prior TO October, ISIS, his
father did in fact complete his
naturalization in strict accordance with
the law, and informed respondent at the
time of that fact" The court holds on
the authority of Justice Miller in Mitchell
VS.. Clarke, that it has the right to deter
mine for itself the sufficiency of this ALE
CATION, and that it is not concluded by the
view taken by the Nebraska supreme
court 1t is true, il says. that under the
naturalization laws naturalization can
only be completed before a court and
that the usual proof Of naturalization is
a copy of the courts record. But citing
Blight VS.. Rochester and Hogan VS.. Curtz,
the court says it is equally true that
where no record of naturalization can be
produced evidence that a person having
the requisite qualifications TO become
citizen did in fact aud for a long time
vote and hold Office and exercise rights be-
longing TO citizens, is sufficient TO war
rant jury in inferring that he had been
duly naturalized as citizen.
Such being the settled law the courts
aver there can be no doubt that the fact
that Boyd's father became q naturalized
citizen before October 1854, is well
pleaded in Boyd's answer and is therefore
admitted by the demurrer on behalf Of
Thayer Specific allegations Of the time
and ploce and court Of naturalization
would have been superauous and in view
of Boyd's imperfect information as mani
fest upon the face of the answer OF
transaction taking place long ago, hardly
possible Under tue allegation made, a
fury would have been warranted in in
ferring that Boyd's father became citi
zen of the United States before 1854 and
consequently that Boyd was a citizen.
For this reason. without regard to any
other question argued in the case, Boyd
was entitled TO judgment upon demurrer.
Justices Harlan, Gray and Brown con
Cured in the conclusions Of the court fol-
this latter reason only.
The courts order reads as follows: "The
Judgment Of the supreme court Of Nebraska
is reversed and the cause remanded TO be
proceeded with according TO law and in
conformity with this opinion"
Unless the Nebraska courts should OF
their own accord depart from the usual
custom Governor Boyd will not be rein
stated in Office before March at the
| earliest.
Ex-Attorney General Garland asked fol
| a mandate from the court this afternoon,
| but Chief Justice Fuller said that the court
| could not depart from its usual custom
and would not issue a mandate before the
| usual time unless notice of intention should
| be given the other side. The motion OF
Mr.. Garland was therefore denied.
OMAHA, Neb., Feb. Though Omaha
Democrats were wild with enthusiasm
over Mr. Boyd's victory in his guberna-
torial contest, the governor took the mat
ter very coolly. Il don't believe / can say
anything for publication" he said.
"Waen will you take your seatf'
| Il can not tell, but can say that as soon
as the supreme court has rendered its de.
| cision John NJ. Thayer must cease to act as
governor of the state of Nebraska l an
much more glad to have my citizenship
in the state of Nebraska established
than / can find words to express
| OF course dc not know what course Mr..
| Thayer will pursue. but | suppose he will
at once vacate the chair at the state CAPT
toll As said before ] can not now say
when shall go TO lincoln and formally
take my seat % the governor
am governor now and as l have
been inaugurated l can serve Just
the same in Omaha for . day or two
as in Lincoln. Mr.. Thayer can not now
even act as governor. a papers which
he may sign as SEE or appointments he
may make would Dc Illegal So / can not
think that ne viii att-mp: 20 hold the OF
fee any longer"
| Tho news that the surname court had