The record-union., 1892-02-02
Special to the REcoRD-UxIoS.
stitutional.


WASHINGTON, Feb. 1.-The United
States Supreme Court to-day decided in
favor Of Boyd in the Nebraska Governor
case.
All the Justices except Field concurred
in the conclusion Of the court that Boyd
was citizen of the United States, and
entitled to the Office of Governor of Ne
braska.
The court first devotes some space to
the argument in support Of its rights OF
jurisdiction under the mode of procedure
under which the case comes before II,
reaching the conclusion that while the
Acknowledgement of the State refused to
institute suit against Boyd, Thayer as
the aggrieved party had right to bring
suit in the nominal name of the State, and
that the question being one of the denial
of a constitutional right, Boyd had made
q Federal question which could be re-
viewed here.
The court says that it understands that
it is insisted that Boyd was an alien be-
cause his disabilities as foreign-born
citizen had never been removed by nat
uralization. Congress, it says, in the
exercise of its power to establish uni
ldluId1lZdllOll,
general laws for the naturalization OF IN
dividuals, but that instances of collective
naturalization by treaty or statute are
numerous.
The court then says: There can be no
doubt that in the admission OF State
collective naturalization may be effected
IN accordance with the intention of Con-
gress, and the people applying for adnis-
sion on an equal footing with the original
States, in all respects whatever, involves
the adoption as citizens of the United
States of those whom Congress makes
members of the political community, and
who are recognized as such in the forma
tion Of a new State with the consent of
Congress.
The question is not what the State may
do in respect to citizenship, but what
Congress may recognize in that regard in
the formation of the State. The applica-
tion of this doctrine was then made to the
case of the State OF Nebraska, and its vari-
Gus proceedings looking to admission
was considered. One clause ofthe State
Constitution which was adopted provided
that persons of foreign birth who declared
their intention TO become citizens should
be considered electors, and this Congress
amended by declaring that 1t should not
operate as discrimination on account of
color.
These provisions, in connection with
Section II of the State Constitution, that
no distinction shall ever be made by law
between resident aliens and citizens in
reference to property, seems to the court
10 be clear recognition of distinction be-
tween those who had and those who had
not elected to become aliens.
1t follows from this that all who de-
clared their intentions to become citizens
Congress so regarded, and placed those
whose naturalization was incomplete in
the same category with persons who
We're already citizens.
But, says the court, it is argued that
James Boyd had never declared his in
lentiOn to become citizen of the United
States, although his father had, and that
because, as alleged, his father had not
completed his naturalization before his
son attained his majority, the latter cam
not be held to have been made citizen
by the admission Of the State of Ne
braska.
The statutes, it says, leaves much to be
desired with reference to nationality
laws and the status of minors. whose par
Gnts declare their intention, but do not
lake out final papers before their chill
dren reach y years of age. 1t is clear
that minors, the court says, acquire an
inchoate status by the declaration of in
1ention on the part of their parents. If
they attain majority before the parent
completes his naturalization they have
the right to repudiate their status and ac-
cept foreign allegiance rather than hold
fast to a citizenship which their parent s
act initiated for them.
The history of Boyd was then traced.
his voting in Ohio in 1855 under the be-
lief and assurance from his father that he
tthe father had taken out his final papers
Then is traced Boyd's long career in Ne
braska as a voter, office holder and
soldier against the Indians, with the view
of showing that for over thirty years
Boyd enjoyed all the rights ofcitizenship.
Under the circumstances, James E.
Boyd. the court says, is entitled to claim
that if his father did not complete his
naturalization before his son had attained
his majority, the son cannot be held to
have held the inchoate status he acquired
by the declaration Of intention. On the
contrary, that oathS he took and his ac-
ton as a citizen entitled him to insist
upon the benefit of his fathers act, and
placed him in the same category as his
father would have occupied if he had emil
grated to the territory of Nebraska; that
IN short, he was within the intent and
meaning of the acts of Congress in rela-
ton to the citizens of the territory, and
was made a citizen of the United States
and of the State of Nebraska under the
organic and enabling acts and acts of
admission.
The courts order reads as follows: "The
Judgment OF the Supreme Court of Ne
braska is reversed and the cause re-
law and in conformity with this opinion -
The opinion was rendered by Chief
Justice Fuller.
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 earli-
est.
Ex-Attorney- General Garland asked
for a mandate from the court this after
noon. 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 in
fention should be given 10 the other side.
'Fhe motion of Garland was therefore de-
MED.
AS the court to-day adjourned until
February 18th, this action of the court
will have the effect of delaying the issu-
ance of the courts order until after its re-
assembling.
HOW 1T WAS RECEIVED IN NEBRASKA.
LINCOLN (Neb.), Feb. 1.-The news of
the decision of the United States Su-
preme Court in the Boyd-Thayer case
was received quietly here. Governor
Thayer declined to be interviewed,
merely stating that he would abide by
the decision OF the Supreme Court. Other
State officers were generally uncommuni-
cative The appointive officers accept
the decision as final, and are preparing TO
turn over their offices to other hands
when Governor Thayer vacates. The
State Supreme Court will not meet until