Omaha daily bee., 1906-05-01

IT. Powers the Farmers alliance and peo-
pies independent candidate and es7s for
i. d. Richards the republican candidate
The principal Issue Of the contest was a
proposal TO abolish liquor trafhc by con-
sttutional amendment adversely voted
upon Mr.. Boyd opposed prohibition. His
Induction into ONCE was turbulent being
contested and accomplished with difficulty,
Powers followers asserting there had been
fraud and intimidation. and the republican
governor. John M. Thayer. endeavoring to
retain his once on the ground that Mr..
Boyd was not eligible TO serve as governor
by reason Of defects IN his citizenship.
The populists had a majority in joint ses-
sion Of the legislature and the returns
were canvassed and Mr.. Boyd declared
elected only after Speaker Elder had been
served with a supreme court mandamus di-
recting him TO take proceedings towards
this end. Militia occupied the corridors
OF the capitol to quell disorder After
Governor Boyd had taken the oath and
filed his bond. January s, 1891, Governor
Thayer refused to surrender the executive
apartments placing guardsmen around the
executive once to prevent eviction. He re-
manned in his office all night. other state
officers recognized Governor Boyd, con-
Buildings and provided him with Offices,
where he proceeded to exercise the func-
lions of governor 'Thayer did not vacate
the premises until January Is. He brought
quo warranto proceedings in the state SUI
preme court to Gust Boyd. holding that
Boyd was ineligible because both he and
his father were born in ireland. and that
although the father may have taken out
his first naturalization papers many years
before, the naturalization had not been
completed when the son was elected gov
ernor of Nebraska; that the latter when
elected was an alien. not naturalized by
any court and not eligible TO participate in
the rights of citizenship Thayers conten-
ton was sustained in the state supreme
court, Judges Norvall and Cobb making
the decision and Judge Maxwell dissenting.
The decision was handed down May 8 and
Governor Boyd surrendered the office to
Thayer who procured a writ OF custer
Boyd took the case to the United States
supreme court on a writ Of error Febru-
airy !, 1892, the United States supreme court
reversed the decision Of the Nebraska su-
preme court and declared Boyd eligible to
the office, both because his rights as a citi-
zen were established when the state was
admitted and by his prior unquestioned
assumption anu execution OF the prlVi-
leges and responsibilities of a citizen.
Governor Thayer again surrendered the
office to Governor Boyd, and February the
latter was reinstated to serve out his term.
The contest and the court decisions evoked
make one of the most interesting chapters
In Nebraska's political history
Business in Later Years.
After retiring from the governorship Mr.
Boyd devoted most Of his time to conduct
Ing his grain commission offices in Omaha.
St Louis and Chicago He remained, how
ever, factor in the democratic party. He
refused to embraoS the Bryan monetary
teachings and from the campaign of 1896
on was classed as a gold democrat" In
1902 he retired from active business. The
| following year he was appointed by Gov
ernor Mickey as a member of Omaha s
first municipal Water board. created for the
purpose Of supervising the requirement of
the water works system by the city and
Its management. His confreres united upon
him for chairman of the board, deemins
him the best suited for leadership because
Of his long participation in public affairs.