The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-02-06

The Republican GRAB Game Checked.
When the United States supreme court
/ decided last Monday that James Z. Boyd
was the governor OF Nsbraska the hold-oVe-
governor, Thayer. who had grabbed the
! Office, said that be would not give up the
| office uutil the court issued a mandatory
writ compelling him 70 do 50. Since then,
however. he has changed his mind aad con-
cluded that he could get out OF the Office
now with little more dignity than he could
month hencs when he would be forced
out
There are two points connection with this
case which are worth more than passing
notice. The first is the disposition OF the
republicans to grab every ofics they can
without regard to their right 70 it. and the
second is the favorable comments which
have been made upon tbs action Of the
federal supreme court which, though COM
posed almost wholly Of republicans. decided
In favor Of the democratic claimant, not
withstanding the fact that the state
supreme court decided in favor Of the repub-
licau claimant.
In support Of the first point IL is only nec-
essary to refer to the case of Buckley, Of
Connecticut. who held on to the office of
governor. although democrat was elected
to il. The pretext for his action was very
slight one, out his party sustained him. In
the last congress the republicans grabbed
quite a number OF seats belonging to demo
Gratis. because they had the power to do so
and not because they had any right to them.
In this Nebraska case the hold-over gov
ernor, Thayer. showed much greater de-
sire for power than TO do what was right.
Nobody doubted tibet James Z. Boyd was
elected. The Senate and House admitted
his election aud acknowledged him as gov
ernor. Ex-Gov. Thayer, however, raised
the point that Gov. Boyd was not citizen
OF the United States, and hence was not
eligible-and this in face Of the fact that
Gov. Boyd had been mayor Of Omaha and
was a resident OF Nebraska when the terri
tory became state. 1t is true that he was
born in Ireland and came TO this country
before he had reached his majority.
There was record that his father
bad declared his intention to be-
come citizen but none that be had
taken out bis final papers. Strange as it
may seem the supreme court OF Nebraska sus-
tanned the point made by ex-Gov. Thayer,
and the latter resumed possession Of the
governorship. To every good lawyer it was
apparent that Gov. Boyd was eligible,
because it was acknowledged that he was a
citizen when Nebraska was a territory and
by a law OF congress all citizens
Of the territory became citizens
of the state and the United States
when the territory was admitted. One of
the judges OF the Nebraska supreme court
dissented from the decision Of the court,
and pointed out clearly that there was no
ground for keeping Gov. Boyd out of his
office
But why should the United States SUI
preme court be praised for sustaining Gov.
Boyd9 1t is true that O majority of the
judges of the court are republicans, and as
a general thing the United States supreme
court is inclined 70 treat with great respect
the decision Of state supreme court, but
to express surprise that the United States
supreme court should favor a democrat in
contest with a republican is TO assume that
the court is a partisan one and will ignore
the law TO serve the Republican party. If
| the court should show a partisan spirit 1t
| would lose the confidence OF the country at
| once. 1t is pretty safe to say that il can be
depended upon TO decide In accordance with
the law without regard to the politics Of the
parties interested. II is its duty to do 30,
and hence does not deserve praise for do
ing SO.