Omaha Daily Bee Newspaper, May 30, 1891, Page 12

10 30, e THE OMAHA DATLY BEE: SATURDAY, MAY the v of tho pooplo: ther acq s T nailficat tion except a number of cases on ! aro tinet subjocts, in which for reason mits in tab) turnod r NATURAL'ZATION IN TH TERRITORY. Conclusions Reache in the Celes brated Thayer-itoyd Gubernas torinl € ase in the Sus leral govor furisd habea pleas cour admitted te States, and ho wis said court d Ou Dece fore the o ecomo i gitizen of the prov avain this s create X N v sutfere iite s _ v v th Stat st s, wer madeapplication 1o Y rraska by 1 ation ot Joseph Boyd in BRE AR VTIRRLERE It at w 1800 muko th A citize Rt POONI:E et to establish a uniform rule of natur- | fa% T A8 FUES woroved April 14, 1302, the those lnws t is admitied tion 2172 of the revise {on ¢ with certait i States, reads as fol i but 1 a con in which he can huy ndpr which st thi whit w S fendar set fortl trial must, if rights of contesting p etion 717 provide formation 1 the divid be 80 sta t wnd pr wd be respor ¢ costs, adjudged agaiust the defen When the which an Fmation sho imant, and the fotermine the ) beeome i the order the named date adm Did the nat ) prof is to of Wis 01 itants, int Bu B Lints of the HEGE " lanrth [ inhabitants, us was o | G yinterminable dini fact that th o Stat 10 various istitut inhubita i nd Minor vs Haj it will any two of suet liow that SAL alization, sume When o ot a priv petiti tividual shall | statutes of it + they are not | lows in 1 in shal T 1l it b Cdings, T d e N hnvh ion o1 law of the ) the passing, wover iment hildren of per ed under any I o1 who, previo of any luw on thatsubjeet b, of the United States, may have b RBIS ORI e the states, under ¢ : i : ““, i v tod St bant 9 | vears at the time of the naturaliz Sl their parents, shall, if dwelling i R State d as eitizens th Yol the chilien of persons who ot been citizons of the Unit though born out of the limits and of the United Stat thereof: but by any state, or vieted of having Britain during th be admitted to become i citizen tant,” ¢ n by which be sed T not quoted, give o oftico the power to COUTt, qUO Warrant name, 1o test. t discharge the s likewise con ¢ eral to bring such It is claime nature of & quo wd to the sry provisions ho claims a public tute in the suprem the rostod ver, i ¢ ori ! I'to rea tho origing 1 thom conse who associat em 4 nation and il citizens. Minor v he irhabita No ealing i new inde roicut and by the ad » the union they did no sndent b s court last D, and in r S0 we have not ov t 3 e ties cited by counsel for L r ieh of s 10 tho case attorne 1 3 be conside i that varr 1 in the nd informatic 15 citizens bed s heretofore prese ho has been e 3 5 : oine” he army of Great £ At of revolutionary war, shall pofidom: 2 plication t without th ;2 J . (i) L 0 c of the legislature of the state DECOES RS CIU DIDRC AW person was ed lev the provisions of this s children of nu alien, boru out States, it dwelling in the United States at the date of the naturalizatiun of their patents. become ipso facto citizens by |t sueh naturalization. Bud it does not have the offect to make the children citizens if they are moro than twenty-one years of age at the time the pavent is admitted to_citizenshiy As the respondent was about fifty-six yea old when father was naturalized it is obvious that such naturalization did not make son a citicen. Dryden vs Swinburie st Vi, S03 State vs Andriano, 92 Mo. 70, ANDAMES WL I the State vs Thayer, 47 N wok it nandamus witl 1i overnor to compel th ru ofleial duty, which is purcly ministerial And ai prosent term, n State vs Blder, W. Rep., 710,11 was decided that it was the duty of the speakerof the house of repre. sentatives immediately upon the organization of the houso, and before procecding to other business to open and publish the roturns of the election for officers of the executive de. partment, and that the duty thus enjoined upon the speaker by the constitution wes a ministerial duty, which would be entorced by mandumus. While it is true the executive and judicial departmonts of tho state government are equal, co-ordinate and independent branches of the state government, and the oficers of one department aze proliibited by the consti tution from exercising any powers or duties [ Gunn vs Huabbard, 97 Mo., 311 Stute vé properly belonging to the other, yet it dous | Penny, 10 Avk., 5213 O'Connor vs the St not logically Tollow that the judiciary is pow- | 0 Fla, 215: U S. 'vs Kellar, 13 Fod. § erless to hear and _determine whother the | Camphell vs Goirdon, 6 Cranchi, 136 person disctarging the dutics of the oftice of | We have found no caso and none has been | o govervor is disqualificd by the constitution | eited by counsel, which holds that the natun from holding the office. This court, by cn- | alization of a parent makes his children, who tertaining a proceeding brought to test the [ aro at the time over the aze of twenty- Tight of tho relator and the respondent to the | years, citizens oflice of governor, does not exercise, or T'ho respondent in b reise, any power belonging: to the | information aud velicf, that, prior to Octob utive department. Tho sole object and | 1534, his father complotad his uatnrali PURPOSE OF THIS 1 in strict accordance with the luws of cougcess 5 o ascortain - who, undor o that subject. This allozation is msufficient [ 15 United States and laws, is entitled to. po to show that Joseph Boyd was a citizen of the | w..crein e doclar that oftice. United States. 1t is nowhero averred that | “tat the fundan Mr. High, Le- | any court admitted him 10 become a citizen | congress on the gal Romedids, soetion (i prior to October, 1300, Tho name of the co that state to of governor of astate s 1 should be averred, so as to show that the pro- [ been ratifi oflice of such a_nature as ceedings wore before a tribunal having juri: stato the exercise of the jurisdiction under discus- | diction of the matter. The order of a court sion. And wiore, by the constitution and | admitting an alien to citizenship is o fudicial laws of a stute, its hizhest judictal tribunal is | act i the nature of a judgmont. Such pro- | th u of Nebra vested with jurisdiction by information in | ceedings are required to bo a matter of ree- [ urion on an equal footing the nature of & quo. warranto to prevent the | ord. Tho record must be pleaded and proved | states, as proviaed by the citizens of the stato from usurping its ofices | the same us any other judicial recurd. Nat- [ the proclumation of the pr and franchises, an unlawful intrusion into ization cuitnot_bo estublished by parol, | the inhabitants thovein, ip tho chiof executive oflico of the state muy be purte Knowles, 5 Cal, 3003 Rump vs Tho | the Unitod Statos tried by this procceding to judgment of ous- | Commonwealtn, 30 Pa. st s Chi found in the onabling acts ter. Insuch case a plain distinetion is re- | 13 bard, 4443 Morean vs Dudloy, 15 B. Mon, | territories wereanthorized cognized between a department of - the on Vs Sales, 31 Pod, 1067 Devden vs nent in ovderto bo adm ernment and the person assuming to exercise ne, supra, State vs Peuny, 10 Ark rtes. T will o obser its dutios, and the judicial branch of the goy eatt, 4 Poters, 1503; Bodo | ling act of Nebraska erament in no manner interfores with, or at Kop. 1 bt tempts to control the legitimate functions of seph Boyd the oxeentive. department, but only protect the peoplo from an unlawful usurpa. tion of a high public ofice or franchise.”” The text of the learned author is fully sustained by the able oplaions of the court in the case of the attorncy Wk Wis., But it is contended havine provided that th for all ofticors of the exe shull be determine ' is oxcl The authoriti holdiugs of this and other way, that the ro the solo rom In Kano v distriot conrt of Chie Snyper 1o test the vl hoid the offic was mado tha Tu the opiuion prepared by the tis morely ¢ ve aud thatg tois a con ormined the have no ap W. Rep., 704, uginst the ce of an the orig this ca of the enabling act status of inhabi st gho time the s 1y mpre than it can lanzuage has 1o s of @ can [ qent tood said i ritory nited Rtates, veferenc the ori o ha tive r when au t that 0 the th P of S when he made application to be admaty citizenship. Jawes 1. Bovd was fore he was nnturalized, in tion to becone a citizen. Under the of cougr ames 12 Boyd, beings under t age of ty wes when ho came to the United States, was autiorized to do this, vigginal the same time he applied for eitizen pag It was all oue transaction, oa the same Tho docteme of a0t therefore T apoly in this cse, § 1t is urged that the resy citizen of the United Statos by tho adiniss of the territory of Neoraska s 4 stato | tho union will now examinetho qu tion thus prescat T eaabling uer, ag od April 19, 1886, provides that whenover | a1 mstitution shatl be forme : states of the territory of Nebrask il i with the provisions of the ¢ iin the duty of the president of th [ to issue his prochimat Lot admitted into the J wtion whatever o Aftorswar Mar, cetion th N ot ned in the with all the ri Labor not by the | three years” into the | territory (160 This may ve illusteated by roforonce | Cin it tutign of the United States [ Deei v Cleners IS PO 1 privileges which | { W Lo v beeamo a | th al states cosld exercise at the time Lih »u | tie federal union was tormed. b It s not that Neb befors Uhe ment. he W m of states was is self 1o territory cannow be admitted he union as a stat ivileges which w states when came s relation coult spondent orig ' Was it aof th Vis fiTustration to sa Litted into the unii fourteenti amen - | mer vantintly the acts by wh nors res for to, ¢ of h‘n”w“\» of th ¢ union Tt ean be it oislatiy ¥ emp (ferrod I fo wswer, alleges upon m ox without part of e tho pres proclamation claimed the JCEEDING the constituti n the duties of L AL Ui 15 imposot ¢ uil al of Nebraska to entitle ate, £ to the union, have s U that time within s wnd the admission o oriinal states were nov eitizens i ted St / is now com M lsRSts i ideration is whether | i W EhmTory it th T th v as A stato into the Wewly areived with tue origmal | ira §trom alivnig nanling act, and | it un thelr ihodo in toreitory A St oy fisnt analorall Wduission s astato meo the union. | cluded. B iboks mi““;( FORESAW THE DANGER violuting the | whishival 4 g zation of all ns befd ”"I\HI ) form stato cov faws of our country. and con ted to the union i residen, roaperiod of od that the k- wdition to thit praof | of the U Lt the meant il e v tion of bitints of pution 1bo not thiy e in his book on Fxtraordinary ,says: “The oftic arded as a civil amenablo to state admission and aceepted, to bo into tho union 1 adl that ne miaizrants to Tto citizenship “ho question for con wdmiss ipate in for to its arvending the o tura s o on il otrect that th contains L proper torr “Tho fact that forty years voted a oftices in the state ¢ FRIS TN A presimps to citizenship prior 1o clear that voting and for moro than 1 hold public far short of vid had ar onc ot blic offees, make Henry followi Kano (o wer of that rt, objoction ris it is evi the by the i | of the Un | e mea. In order to e to St tion of K supreme ¢ it onne county by L of “Cho troa: Maloy \ the court had no t that the nu conte warra Ins of tho r fico of ¢ Tt was rule isdietion To the taro at ow, 4 Wisconsit 11 Wisconsin 1z by ¢ it 10 Warral nt Robert ty treasurer that the o1 i s, Af 2ress on U e v o will Stat it had ip wh in 1 MeAll Viuieh w withm 'the o Upitod of .t jud | 3 s i in the enabling i t which t XD 3 t oither ind m, 1 tod 1o o that this ¢ vl to b no dou bt the ease irt has jur with by the re illustration of this wo re: Secti roads yoar hat the re is olection hel o ired Phe v ted, when t tos | "Poxas was ware cist, his was a nuility. His | The power to o Leotiy i 3 i [ 1 sequent naturalization could not give | n was not expressiy conforred W 3 ty to that which was void, N s ss by the constitut but doubtless oxec ! | s mot retroacti foct | in the . other t v applic the b arae Cummings, 20 W 0 Wend Any adin ssion fon 18SM-TWELVE wed that the fnvit wiended and At the o Jf Nobrskin into e provided by Luw, he knowir benitent Iess Uhat SIS 1onths nor njore who h the 1z in such adm they desired it or not ners, then this ¢ i lie t in U tho oy iy su. W of tates porson who sk I States? that in tonded to b nent st ational DO NOT ¢ fined i s Sumont. in year.' Th unio Tred his into and be supposed that laws wouid Kept i foree for tive! Vo yea derlare ) the U broviding u i should they exereise sug Law that upon the raski as astate all non-de torritory, y full Mo n 1 had rinz for the territory bercin. wnid uitieal afl ¥ thereof e UL to enib 1 stite gove into the union ind the i race sueh for suceh for erislation of and e riftory itsolf Aalrs of the (ho use L could v the Lerritor have expr tunts of e PE CITIZEN ¥ tho diy ned by I 1statutes of v enactod Who is 1ot ¥ Lo vole o vot 1 not tie county 15w wils e of wil 1 as i state Al vote in this L citizen of the neion to 1 the be fupris » hard thin Nebraska hive U their in. 1ited States pinishient rizht dmission lnrinz for re by th 1 whother tocertainly hud it the i @ the “pon- tory to rnoentand thitt, those Bt tn s sners, but ners’ had zhout | Tentod ali torritory tho toris le any to Leonstitution who had Doon tins for d u. without o S0 vimnal prosecution ssud to the rritory i ja PAGE th of THE REPUBLIC OF TEX A8 Wt the date o inesation to the Unite of the United Stat izt | e thit e o the trar ol o the £ the annesation font repubiic and tod \ doetrin n it t States thi sat the dute of © MEANING OF TH TERM CITIZEN, Tt present eon th i Cthe alien o on 15 adopt i the territory at ) tho inion o itizens of the United it zen of the Unite jitely understood mnd necepted 10 0 16 1 person who e is bieth. ora persin of foreizn HIFth who his Cduly naturadized under the provis wniforn rale of naturalizat | This is clearly 1) ven to the s, 1sed iy ot the constitut Teis allozed in tod by answer réison of i ostublishod meaning that words “citizon of the il b the information and that the responden Lien by birth, s original status is thore- fore prisumed to continue untilt the contrary e shown. Hamestein vs Lanham, 100 U, 8,185 Sufliciont facts wre not aliezed in the inswer 10 show thitt ho became i eitizen of the United States two years prior to the last gene wiection. Wi are therefore forced clusion that he was atthe date of t ineli o the office of governor Proper to state in this eonniection s set up in the answer show ondent has for many years ly Cvod he wis e oitizen of the United Sia (dthat his citizenship had never been quess ned prior to November tast. T hold do that he Ly enbitled to exer- the autics « oflice of overnor L iving U to ot our onstitnti no rizht irdl Lt Was an t Tt that the that the r hor 11 vis have fored St to disre, RIGHTS OF THE RELATOR sideration ontitied 1o the Pt o of th suations which . ) the o relator 0 The det M the i point nd 16 Ives \rticl tion 1 the constitution The utive department shall 4 of crior, lieatenant governor, vy of state, auditor of pubile accounts, wer, super lunt of public instrae noattornoy general and connmissioner of pubiic Tands buildin s, who shall each hoid his offies for the term of (wo years frow the first Thursday and @rter) the fiest Tues- Ly [ danuary ext aftee his oleetion, and unt suetessor fs eleeted and qualific ote S, 10 In case and notier theroof £ the death. impeachment t0 weensed. failure to Jiify, resi mation, absent ron (o state,or othor Aisability of the zoveruor, the powor duties and emolumonts of the oflice for the vesidue of the term, or unbl the disability shall ho removed, shadl devolve upon th lieatenant covernor. FHE GOVERNOR HOLDS OVER. tho first section ar It provides that th offive for Lwo your s elected and that it wi of the I Tho provisions of and unimhizuons o Lol his plain ind il Wit Pablished by Request Neb., May 22, o t Doar Wo have blication the majority Sioi in the Thayoer-I3oy Brar ik Bt the p court ¢ Dty 13 " ed would be publishe Swith, Ihoma: H. Holt W K. Gt Williang Bri w5k nl al i Yule, Davi Hasrines, Neb., May 20 Tk Brk-Doar Sir: W roaders and subscribers o spectfully ask that you publ opinion of the et in the truly. nas C. Hurst, L. Bailuss, Fralim, Fleming, Dictrich, o AL Keat, fall wernsey, Atkinson, Burton, e, Cox, Willinm Brack, Benediet, Britt o the Edit tho undersi your pane Sh the ma supreine « opold Hahr M. Thombs "M Cline, ) IFisher, ho Shker rorge Cran J. K. Moore, Charlos H. iXenp, C. D, Hearty . 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