New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-02-02
JAMES f. BOYD A CITIZEN.
THE SUPREME COURT DECLARES THAT HE is
EYTIrLED TO BE GOVERNOR OF NEBRASKA.

rrr sJ-prFNE COURT DECLARES THAT NE Is
ENTIrLED TO BE GOVERNOR OF NEBRASKA.
Wsshin1on Feb The Umited states supreme
Court in an elaborate opinion by chef Justice fulhf
today held that James r. Boyd Is citizen 81 tile
United states and citizen for two years preceding
lis election a. Governor Of Nebraska, and that o"h9e
quently he is entitled TO tic oficc and that john NJ
,havcr tho hodovcr Governor. who denied the rg!t
OF Bovd to succeed him. must gave way All inc
justices Of TIE court except Justice Field united III inc
conclusion that the United states supreme Court Aad
jurisdiction Of tie case.
Justices Harlan, Gray ard Brown while concurri'iS
In the conclusion Of the count that BOYD was citEei
Of the United states did - the ground that the
exercise Of all The rights and privileges of dtfcn9hp
BIZ Boyd's father resident Of Ohio. as shown on inc
record established the assertion made by James t.
BOYD AID his father that the latter had il l754 taken
cut bis final naturalization papers, although hcfc -
10 documentaly proof Of the Issue Of those papers
Thee three Justices, although that fact was not
stated In so many words by the court. did not assent
TO the conclusions reached by the other justices thd'
BOYD was also a citizen Of another ground VIZ haD
the Enabling at of Nebraska constituted collective
p..urazation of all the Inhabitants thereof at the
,,,ne 30 its bon into the Union except shch s
announced that they intend TO retain their rSA' rs
euzens Or subjects of foreign nation and tmt 'io
,,rtous offices held by BOYD AND the exercise "I 'o
,rht Of suffrage by him, with the oahs OF aleHa"'o
IN the United states he took at various NheN sio"s
f'e2r
the Unlted states. and that, in fact he ~ 'on'o rc'
himself 90 ,.o, ,o.o
The Court says that January H. l-"l' h'''c
yas Granted b John NJ Thaycr by the supreme ''"I'
q, Nebraska 10 dle proceedings eOAlhg ID INC '"''
,,r 81 govd from the Office Of "0Fernr 81 ->cu'" mo-
IT,. court then review, the chaIsra contaHen III INV
,n,,rno.lon fled by Thaycr the pon' bene
~. T,vd,s tatbcr although he had declared MS IN
.,io 10 leeorne a citizens % the United Hta'e- anu
rad in ohio. f,- years exercised unPne l'n'p .'.
r'rh,s OF voting and holding ONCE hHd' III la'''
,atca ont ID fnal naturalization IoPe''' ".'
.bereforc not a citizen, and th-t a. '"'io, - .,
-, had never been natuialized but hau wa
h,, of,ce under the belief that his fathe" De'ano
airralizcd citizen. while be was MINOR '""
-. =. undcr The Constitution. James r h',u W"
nj a citizen and therefore not cNeIbh w ." -
Governor Of NebI,si1. NE stat" e"h'''u','" 80
a., ut tho Governor shall BE- citizen OF t.e ~
a.. =, Toast two Year. preceding n election bo' -
49, nlv asserted that the enabling act oi Nen'
.a.,iiu,ed q collective naturalization Of an ~ -"
,.i,.r,s a. the time OF admission 10 stiH'oo"' NV
80 as,er;ed that his father had in loof ''"0" a.
ts final naturalization PAPER, although 'ho 'o'''N
not show such iact. ,o,+ in
nv Co+ erst devotes some spare to an argument ~
support OF il right OF jurisdiction nioeF 'o hin.
.,r. ,,rdor which tie case comes before H. Io-' -
,ba conclu.ion tllat. while the Attorney "o'-i , -
colo refused 4, institute a suit against Do'' -
ss the aygreycd party had Iiehi 10 Di''t "a. St
,io mammal name OF The state. ana tb''t I''D
h.,,, o,e of a Genial OF a constitutional H9ht' bosu '
mad. = Federal question, which could DC reNc"o' ~
Congress il says, In the exercise Of the power =,
y,,bl,th a uniform rule Of Naturalization ms eH~.o'
.,.r,l law, for tie naturalization Of MdiNld1iS' Du'
a. tho instances Of collective naturalization by lci''
or .tatate are NUMEROUS Reference l. mac 70 .''
Northwest Territorial ordinance and the acts uhoe'
which Illinois, Indiana and Ohio became stalc'' ~
establishing that people who were empowered U" Iiho
nat in the creation Of these new political orgAhlSl'
and who continued 10 exercise political functions, IN
cldoa others than those who originally dzens O
~. rn,ted states These c2sce bring the opinion 0
thc Court M TO the expression OF the following opinion
There can be no doubt that In the adnis sion o.
state a collective naturalization may DC c1octcn III
rcoyaance with the intention Of Congress and the PEG
pie applying for admission 49, -
on an equal footing with the original states
I'm All respects whatever Involves the adoption as
izens OF the United states Of those whom Congress
m.Ee, m mbcrs Of the political community. and who
ar, recognized such IN the formation OF tho new
STATE with the consent Of Congress The question Is
not what state may do in respect OF citizenship, but
what Congress NAV recognize In that regard In the
formation Of the state
The application Of this doctrine IS then made To
the case OF the state OF Nebraska and its various pro-
ceedings looking 10 admission are considered.
Under the circumstances, James Il. BOyc. the court
GAYS Is entitled 10 claim that If his father dd not com
pleta his naturalization before his had attained
majority cannot be held 70 have lost Tic nchoaie