Grand Rapids herald. [volume] (Grand Rapids, Mich.) 1892-1959, 1892-01-03

court by which this decision was
reached stood six to three. the chief
justice and ave associate justices de-
ciaring for Boyd. and thrce associate
justices. two Of them republicans and
one . democrat for Thayer. This
notable decision will bring TO IN end
one Of the most famous cases ever
heard in tho supreme court
xhaysr's Claim.
The ground upon which Gov. Boyd
was eusted from Office by tho Nebraska
court was that he was 90 alien, al
though he had been in the United
States since early boyhocd. had lived
in the state for thirty-fve years and
had been elected governor BY plural
ity Of more than 1000 votes in the fall
of 1890 The supreme court of the
United States finds that not only Is
James E. Boyd citizen of Nebraska,
but that he is eligible to any Office
within The gift of the people Of that
state.
Boyd Kljgibls and Elected
The principal point upon which the
decision is based is that Boyd was
resident of the territory at the time it
was admitted into the union of states,
and an o result of this act of admis-
sion he became q citizen Of the state
and Of The United States in the same
manner. under the same circum-
stances, upon the same conditions
as residents Of the original thirteen
states became citizens ~ the United
States by the act creating the union.
Under the policy of the government of
the United States since the adoption of
the ordinance of 1857 and tHc constitu-
ton of the United States with respect
to the admission Of new states
into the union. tho enabling act pro-
viding for and admitting &be territory
Of Eebrssks into the uhien as a
new state. and the constitution af Ne
braska accepted by the general govern
ment at the time Of its adKission, all
bona hde inha bitants Of the territory
OF Nebraska capable of acquiring
United States citizenship under the
general policy Of the government
became citizens OF the United States
and of the state Of Nebraska
upon the admission of the state into
the general union That Boyd was
one of these Inhabitants is clearly
proved and is not denied, and upon this
ground the court declares that he is a
citizen. That he received q plurality
of the suffrsgcs OF tho people is also
admitted by his opponents, and. being
q legal citizen. he will how become the
governor in fact a. well as in law.
The Original Proceedings.
The original proceedings in the Ne
braslsa case were instituted by Mr..
Thayer in his own behalf. the attor.
ney general refusing to take any ac-
ton. Thaycr claimed to hold over un.
Ill his successor was qualified, and he
alleged that Boyd was an alien; that
tho lattcr's election was void, and
hence he could not qualify. Boyd
was inaugurated in spite of Thayer's
protests, and. notwithstanding tho
fact that Thayer called upon the
militia to prevent it, Boyd entered
upon the dutics of the Office and made
his state appointments He continued
to act as governor, although Thayer
retained possession of the executive
rooms in tho capitol and stationed
guards over the state papers and CUB
ernatorial documents. There were sew
sral days of excitement and threatened
trouble. Thayer declaring his in
tention to hold possession of the
governors odice by armed force. He
was finally persuaded by some of his
less warlike friends to yield in the face
of odds and take his chances in court.
Boyd then continued to act unmolcsted
while the case WAS tried The best
legal talent was arrayed on either side
and bitter contest was begun in the
supreme court OF the state, The court
decided against Boyd and he retired
from Office, but spps al ed the case to the
United states supre me court