The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1892-02-02
The Supreme Court Decides in BOyd,s Favor.

The Supreme Court Decides in Boyd's Favor.
WASHINGTON, Feb. 1.-The United States
supreme court to-day decided in favor of
Boyd in the Nebraska governor case. All
the justices except one, concurred in the
conclusion that Boyd was a citizen of the
United States and entitled to the Office of
governor of Nebraska. Justices Harlan,
Gray and Brown conourred in that part Of
the opinion which held that Boyd was a
citizen because from the record in the case
it must be considered as established that
Boyd's father having exercised all the
rights of a citizen, had in fact in 1854 taken
out his final naturalization papers not
withstanding he did not have record
of such final naturalization. he
court also held there was such a
thing as collective naturalization.
These three judges, although that fact is
not stated in so many words by the court,
did not assent to the conclusion reached by
the other justices that Boyd is also citi-
zen on another ground, Wis: that the en-
aiding act of Nebraska constituted COL
lective naturalization of all the jnhabit-
ants thereof at the time of its admission
into the union except such as announced
their intention to retain their rights as
citizens or subjects of foreign ma
ton, and that the various Off
ces held by Boyd and the exercise
of the right of suffrage by him with the
oaths of allegiance to the United States he
took at various times, show clearly it was
his intention to become a citizen of the
United States and that in fact he so con-
sidered himself. The following is a sum-
mary Of the opinion of the court which is
not yer batim statement of its argument
though the following are the conclusions
] ~
opinion.
The court says that on January 10, 1891,
leave was granted to John M. Thayer by
the supreme court of Nebraska to file pro-
ceedings looking TO ousting Boyd from
THE OFFICE OF GOVERNOR OF NEBRASKA.
The court then reviews the charges con-
tanned in the information filed by Thayer,
the point, as is well known, being that
Boyd's father, although he had declared
his intention to become citizen of the
| United States and had in Ohio for years
exercised the unquestioned rights of voting
and holding office, had in fact never taken
out his final naturalization papers and was
therefore not a ciJizen, and that as James
Boyd himself never had been naturalized.
! but voted and held Office under the belief
that his father became naturalized citizen
while he was minor that. therefore, under
the constitution James Boyd was not q
citizen and therefore not eligible to the
Office of governor of Nebraska, the state
constitution requiring the governor shall be
q citizen Of the state for at least two years
preceding his election.
Boyd in his answer claimed the enabling
act of Nebraska constituted collective
naturalization of all its inhabitants at the
time of it's admission to statehood, and 81
asserted his father had in 1854 taken out
his FINAL NATURALIZATION PAPERS,
although the record did not show such wa.
the fact.
The court first devotes some space to thu
argument in support of its right of juris
diction under the mode of procedure under
which the case comes before 1t, reaching
the conclusion that while the attorney-gen
eral Of the state refused to institute
suit against Boyd, Thayer, as th,
aggrieved party, had RICH
to bring suit in the name of the state anC
that the question being one of a denial Q
constitutional right, Boyd had made it
federal question which could be reviewed
here The court says it understands II i
insisted that Boyd was an alien because hi
disabilities as foreign born citizen ha,
never been removed by naturalization
Congress, it says, in the exercise of tn
power to establish a uniform rule O
naturalization has enacted general law
for the naturalization of individuals blu
that instances of collective naturalization
by treaty or statute are numerous.
The court then says: There can be n
doubt that in the admission of the state
COLLECTIVE STANDARDIZATION MAY BE
EFFECTED
gress and the people applying for admis