The Kinsley graphic. [volume] (Kinsley, Kan.) 1890-1940, 1892-02-05

exciting. The question OF prohibition /
cut a considerable figure ia the can /
vass. The result of the balloting /
showed: Boyd, Il, 33f; Powers, 20, 1877; |
Richards, Gs, SIS; Boyd's plurality over
Powers, Lat To all the other state /
Offices the =, publican candidates were
elected.
Isoyd's victory attracted national at
tention- It was the first time demo-
crat had been elected governor of
Ne braska- With a solitary exception,
he was the first democrat in
Nebraska elected to state Office. In
the midst OF the Publications Of the
famous victory there arrived a disquiet-
ing rumor from Ohio It was to the
effect that James L. Boyd was not a
citizen OF the United States, and was,
therefore, ineligible to the office OF
governor. Some one went 10 Ohio aud
made an investigation. The facts
developed by the Investigation in
Ohio were that James E Boyd's
father had declared his intention to be-
come citizen of the United States and
had taken out his first naturalization
papers in Is44, Immediately after his
arrival in this country. lie would have
been entitled TO his final papers in 1912
but for some reason he failed to secure
them II he had then completed the
steps to accomplish his own naturaliza-
ton his sol. James e Boyd, being
come a citizen at the same time his
father did, the doctrine being that the
allegiance of minor follows that of
his father But the elder Boyd never
took out his second papers until 1890,
when as Il candidate for some unirn-
pOrtant office in the little city y here he
lived he was confronted with the
charge that he was not a citizen His
son was then a candidate for governor
of Nebraska The elder BOYD, as soon
as the charge was made that he was
not a citizen, settled the matter 50 far
as he was concerned by securing his
final papers in 1890. These brought
to him fun citizenship beyond ques-
ton. But it was maintained that
James T. Boyd was not citizen of
the United States because he at
tnined his majority before his father
became n citizen. This being true, the
argument was then advanced that
% James e. Boyd, in order to become a
citizen must file declaration of his in
tention to that effect, take ont his first
papers and after the lapse of Eve years
take out his second papers.
John NJ. ThayeF had been elected
governor OF Nebraska in 1886 on the
republican ticket by nearly %, 600 ma
jority, and in 1855 by 10000 majority,
running 10, 600 behind his ticket The
election of Boyd as governor and the
charge that Boyd was born in ireland
and had not been naturalized, fur
nished Gov. ThayeF with chance to
hold longer to the Office of governor
He refused to vacate his apartments in
the state house, but was compelled to
surrender. However, he at once insti-
tuted quo waTranto proceedings in the
supreme court of the state TO test
Boyd's eligibility, claiming incide ntaliy
his own right to the office. The
court decided that Boyd was not eligible
and retained Thayer Boyd was ousted,
court of the United States, which has
decided that James E, Boyd is Il citizen
OF the United States and eligible to tue
governorship of Nebraska.
All the justices except Justice Field
concurred in the conclusion that Boyd
was a citizen of the United States and
EMIT ed to the office of governor OF
Nebraska. Justices Har;al, Gray and
Brown concurred 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, hav'
ing exercised al the rights OF a
citizen, hal IN fact, il 1854, taken out
his final naturalization papers. The
court also hell that there was such q
thing as collective naturalzationi thai
tho cna bling act OF NebraslSa cOnsti
tuted natura izatjOn of all the iuhab-
itants of Nebraska at the time of its
admission, except such rs desired tc
retain foreign rights, and that BOyd's
exercise of various Offices showed hi,
intention to become a citizen Opinion
by Chief Justice Fuller.
The courts order reads as
THE Judgment of the supreme court
of Nebraska is reversed and the cause
re handed to be proceeded in according
to law and in conformity with thi
opinion"
Unless the Nebraska courts should,
OF their own accord, depart from the
usual custom, Gov. Boyd will no
be rsiustated in Office before March