Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1892-02-02
JAMES z. BOYD.

JAMES z. BOYD.
WASHINGTON, d. c., February L.
The United States Supreme Court to-
day decided in favor of Boyd in the Ne
braska Governorship case.
Ali the Justices except Justice Field
concurred in the conclusion OF the
Court that Boyd was a citizen OF the
United States and entitled to the office
Of Governor of Nebraska. Justices
Harlan, Gray and Brown concurred in
that part of the opinion which held that
Boyd was citizen from record in the
case.
These three Justices, although that
fact was not stated In so many words
by the Court, did not assent to the con-
clusion reached by the other justices
that Boyd was also citizen on another
ground, viz, that the enabling act OF
Nebraska caused collective naturali-
cation OF all Inhabitants thereof at the
time of its admission into the union eX-
cent such as announced that they in
tended to retain their rights as citizens
or subjects OF foreign nation, and that
the various offices 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 the various
times, shows clearly that 1t was his In
tention to become q citizen OF the
United States, and that in fact he so
considered himself.
The following is summary OF the
opinion Of She Court, which Is not
verbatim statement Of its argument,
though following conclusions reached
and the line of reasoning of the opinion:
The Court says that on January Is,
1891, leave was granted to John NJ.
Thayer by the Supreme Court OF Ne
braska, to file proceedings looking to
the ousting OF Boyd from the othce OF
Governor OF Nebraska. The Court then
reviews the charge in information filed
by Thayer, the point as is we'll known
that Boyd's father, although he had de-
clared his intention to become q citizen
of the United States, and had In Ohio for
years exercised unquestioned rights OF
voting and holding office, had In fact
never held final naturalization papers,
and was, therefore, not citizen, and
that as James E. Boyd himself had new
er been naturalized, but had voted un-
der the belief that his father became
paturalized citizen while he was a
minor; that, therefore, under the con-
stitution James Z. Boyd was not cfti-
zen. and therefore not eligible to the
office of Governor of Nebraska, the
State constitution requiring that the
Governor shall be citizen OF the State
for at least two years preceding his
election.
Boyd in his reply claimed that the
enabling act OF Nebraska constituted
collective naturalization Of all its in
habitants at the time Of admission to
Statehood, and also asserted that his
father had, in 1854, taken out his final
naturalization papers, although the rec
ord did not show such fact.
The court first devotes some space to
an argument In support OF Its right OF
jurisdiction under the mode Of proceed
ure under which the case comes before
II. reaching the conclusion that while
the Attorney General OF the state re-
fused to institute a suit against Boyd,
Tbayer, as the aggrieved party, had a
right TO bring the suit in the nominal
name OF the attendant, and the ques-
tIon being one of q denial OF q consttu-
tional right, Boyd had made a Federal
ouestion which could be reviewed here.
Of members actually present it was then
and there constituted a body to do bus
mess: and it had not itself any right to
obscure that fact TO refuse to admit it
or TO refuse to take any reasonable
method of ascertaining IT.
or course if any gentleman believed
sincerely that it was necessary that
majority of members should participate
In business il would be his duty TO
stand by ancient methods, but IL he be-
lieved (as he-Mr. Reed-did) that the
presence of a majority Of members con-
stituted a Quorum be should take the
proper means of ascertaining it.
The amendment Of the gentlemen
from Michigan, GMr. Burrows proposed
to ascertain that fact. AS that idea,
concluded Mr.. Reed, has had the sane
tion Of every court to which itshas been
referred, think 1t should have the
sanction of this House. Great ap-
plause.
MIR. burrows thought that II the gen.
tlemap from West Virginia Mr.. Alder
sonl was entirely sincere in his Dropo-
sitjon he should renew it when the
House reached clause ., rule II, where
n proyided that In scall Of the House
il shall appear from an actual count
that a quorum Is not present The con-
stitution of me United States provided
that majority Of the members should
constitute quorum.
The court says it understands 1t is in
sisted that Boyd was an alien because
OF his disabilities as foreign born citi-
zen had never been removed by natural
ization. Congress, it says, In the exer-
else of the power to establish uniform
rule of naturalization has enacted gen.
eral laws for the naturalization OF In
diyiduals, but the instances Of collective