The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1899-01-25

attorneys. The first question was,
as to whether, in their opinion, the
mayor-elect is a legal voter and en-
titled to hold the Office Of mayor, and
second, whether, if he is not legal
voter. and legally entitled to hold
the Office of mayor, would his
acts, while acting as such, under
the circumstances, be legal and
binding in law. Mr.. Douglas re-
plies by saying that inasmuch as he
must answer the first question in the
affirmative, the second need not be
considered. He then says:
AThe father of your mayor-elect,
it will be noticed, had taken out his
first papers and was a resident of
the territory Of Minnesota on the
10th day of February, 1857, at the
time when the enabling act of Con-
gress authorizing the organization
of the territory into State govern
ment, was passed. By the terms of
the latter act. the inhabitants Of the
territory of Minnesota, were author
lied to form for themselves a con-
stitution, and to come into the
Union on an equal footing with the
original States, according to the
Federal constitution.
ssUnder the terms of section 2172
of the Revised Statutes of the Union,
all children of persons who have
been naturalized under any law Of
the United States, or who previous
to the passage Of any law on that
subject by the government of the
United States may have become
citizens OF any one of the States un-
der the laws thereof, being under
the age Of 21 years at the time of the
naturalization of their parents, shall
if dwelling in the United States, be
considered as citizens thereof
''This clause has been repeat
edly construed by the Court, and
the holdings are uniform that in all
instances upon the naturalization of
the father, the son who is minor
and dwelling in any State. per Sc,
becomes citizen of the United
States.
lie question bearing upon the
naturalization of the father of your
mayor-elect, has been settled by the
Supreme Court of the United States
in the case Of Boyd VS.. State of
Nebraska. In Nebraska, as in Min
nesota, under the territorial govern
ment, those who had declared their
intention to become citizens of the
United States aud had taken the
oath therein mentioned, had the
right to hold office and were electors.
The enabling act of Congress au-
thorizing the admission of Nebraska
into the Union, passed April Is,
1864, used almost the identical Ian
guage of the act Of Congress admit
ting Minnesota into the Union in
1857, to-wit: upon an equal foot
ing with the original States.
''In the Boyd case the Supreme
Court held: First, that the ad
mission of the State on an equal
footing with the original States, in
all respects whatever, involves the
adoption as citizens of the United
States of those who Congress makes
members of the political community,
and who are recognized as such in
the formation of the new State with
the consent of Congress. Second,
that upon the admission of Nebraska
into the Union, upon an equal foot
ing with the original States in all
respects whatever, the citizens of
what had been the territory became,
by act of Congress, citizens of the
United States and of the State.
Third, that the son whose father
declared his intention in Ohio to be-
come a citizen of the United States
while the son was a minor, and who
removed 10 the territory of Nebraska,
and there held Office, and took the
oath required by law in entering
upon the duties of such Office, to
support the constitution of the
United States, and the provisions of
the organic act under which the
territory of Nebraska was created,
and for many years enjoyed all the
rights and privileges Of a citizen OF
the limited States. and of the ter