The Brattleboro reformer. (Brattleboro, Vt.) 1907-1912, 1908-09-11

/, In ls6i Congress passed an act 10 "sn
able the people VI Nebraska TO form . con
admission Of such slate into The rai0a q
} an equal feoilns with the original states,
II provided that all peTsans qualified b
Law 10 vote for representatives. 10 the Yea
s sT.i A''%S o. ss,a ms'',an sasssn,,sT
10 form constitution, and 10 vote upon ~
acceptance or rejection, A convention ga
convened, . constitution adopted aud dni,
rs'1sa Y vote Of The people, y i sTS,la
oi the United States and persons u fareist
birth who had declared their ihleniion u
become such and lhrTe should be no feh.s
u The elective franchise OF ANY other right
~ reason Of race or color, etc March l,
ihoi, the state vas duly admitted Into the
Union,
lloyd in his sworn answer 20 the com
plant % Ihayer aytrlrd, ON Information
aud belief, that his father was duly hataF'
alited in the state 81 Ohio as early "a 1854,
and that he had never heard the fact ehal'
lensrd until after he was elected governor
~ 1870, and further that be, himself, rNer'
| csed the elective franchise IN Ohio in the
| fan 81 1888 after be became ~ years Of age,
| The answer of Boyd WAS demurTed TO BY
| Thayer,
Chief Justice Fuller. who announced the
opinion 81 the court said 1t follows from
these documents that Congress regarded as
citizens II the territory all who were al,
ready citizens u the United States, aud all
who had declared their iniention 10 become
such Indeed, they are referred 70 IN sec.
lion Of the enabling set a. citizens, and
by the organic law the right u suffrage nd
u holding Office had been allowed thea,
Those whose naturalization was incomplete
We're treated a. in the same category a.
those who were already citizens II the Unit
ed States Before Congress let 80 10
hold upon the territory. II was for Congress
10 say who were members u the political
community Upon the admission o. Ne
braska into the Union the citizens u what
had been the territory became citizens Of
the United States and Of the state
! now quote from the opinion the brief
extract published in Tho Phoenix aud Re
former and the paragraph which follows u
fall answer 10 the contention Of the writ
er Of the newspaper articles referred 20,
and IL does not require a lawyer 10 interpret
the meaning of the language used by the
court.
CLEARLY minors acquire an inchoAie sta.
tus by the declaration 81 Intention on the
part q their parents. II they attain their
majority before the parent completes his
naturalization, then they have an election
TO repudiaie the status which they find i'm
pressed upon them, and determine that they
viii accept allegiance 90 some foreign p0'
teniaie or power rather than hold fast to
the citizenship which the act Of the parent
has initiated for them. Ordinarily this cleo
ton is determined by application on their
own behalf. but II does not follow that the
actual equivalent may not be accepted IN
lltu ht a tffhhltAl compliance.
We are u the opinion that James Z,
Boyd is entitled 10 claim that " his father
did not complete his naturalization before
his son attained majority ihe son cannot be
held 10 have lost the inchoate status he had
acquired by the declaration Of intention, and
to have elected 10 become the subject Of a
foreign power but on the contrary, the |
oaths he took and his action as a citizen en-. |
titled him 10 insist upon the benefit OF his |
fathers act and placed him in the same 4
category as his father would have occupied 1
II he had emigraied 70 the territory Of Ne. |
braska; that, In short. he was within the /
intent and meaning. effect and operation of
the acts Of Congress IN relation to citizens /
Of the territory, and was made a citizen Of
the United States and Of the state Of Ne.
braska under the organic and enabling acts
and act OF admission
The court also held James T. Boyd TO be
a citizen OF Nebraska upon another ground.
After referring to the answer OF Mr.. Boyd
as herenbefore set forth, the court said
1t is true that naturalization under the
acts Of Congress known as the naturallza.
ton laws can only be completed before
court, and that the usual proof Of naturaliz.
alton is n copy OF the record OF the court,
But 1t is equally true that where no record
u naturalization can be produced, evidence
that person having the requisite qualihca.
lions TO become a citizen. did in fact and
for long time vote and hold office and ex'
arcise rights belonging TO citizen, is suiii'
,ient 10 warrant a jury in inferring that he
lad been duly naturalized as a citizen. And
Dy the. constitution of Ohio OF 1851, none
lut while male citizens Of the United States
we're entitled TO vote and to hold office.
Such being the settled law, we can have no
ioubt that the fact that the respondents
ather became a naturalzed citizen Of the
United States before October, 1884, is well
pleaded in the allegation in question, and is
therefore, admitted by the demurrer. The al
cgation that prior 10 October, 1885,, his
ather did in fact complete his naiuraliza.
ion in strict accord with the acts OF Con
.ress know as the naturalization laws SO as
o admit and constitute him q full citizen
4 the United States hereunder neces-
arily implies that he had been duly natur'
lzed before q court as required by these
avs. Under this allegation, and earlier al.
egatons leading up 10 II, If traversed, the ,
ury would have been warranted in nIcr-
ing that the respondents father became n
itzen of the United States before October, !
s5i, and that consequently the respondent l
imself was likewise q citizen For this i
eason, without regard to any other question {
rgued in the case. the respondent was en- ..
tiled TO judgment upon the demurrer. !
1t will be observed that the court lays
reat stress upon the necessity Of complete =
by appearing before conrt =
nd taking out his second papers in order Il
become fun citizen under the Jaws OF o
ongress, and that the usual proof of a
aturazaton is a copy Of the record. IN
nows. In the case Of Mr. Moran, it is
needed he never took out naturalization II
lpers for himself, and in the case OF his a
ther there is nothing left to inference for +
lere is no lost or destroyed record, but OF i
- contrary the record Of the complete nat :.
ralization Of Eugene Moran to full citizen
lip remains in the clerks office OF the =
INDIAN county court. Can anything fur p
Ter be required to establish the correctness il
the opinion | gave on election dayY {,
Be 1t remembered that every vote cast in 81
election by person not legally entitled fc
the franchise nulliies the vote cast by a N
,rson legally entitled to vote Will any a,
asonable and just citizen Justify illegal y,
ting whether it occurs in New York city W
che town of Brattleboro The citizen nj
ter has right to know whether the can III
date he is asked to vote for is eligible to b,
e office or not. The candidate ought to tc
low himself, but oftentimes he does not. ie
tion certainly should know. In looking W
the status of Mr.. Moran, at the request
Mr. Barber, and letting the result of my
vestigaton be known, l simply did what r
conceived to be my duty as a citizen voter VI
this town. j was actuated by no per- TO
nal feeling against Mr.. Moran, for | never m
d any and have not now, but only in the ca
erest of honest elections and good gov "
nment That / was ''the originator of l.,
orback' and INDUCED in political in. ~
gue'' in what ] did, l positively deny. 1t ca
W be that we have citizens among us who IN
re little who is elected to office providing tn
~ can accomplish the defeat of one wko ca
y not be to their liking. but l sincerely FIR;
pc not. Most certainly l am not OF that ri
mber if there are such. Y,
Kittredge Haskins. II l'
Brattleboro, VT, Sept 7, 1908. ~