Omaha daily bee. (Omaha [Neb.]) 187?-1922, February 02, 1892, Image 1

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    s I
Tinal Decision Rendered by the United
States Supreme Court.
Exclusive Reports Tour Weeks Ago En-
| f ) tiroly Oon firmed ,
It Was Anticipated from the Beginning of
-s , the Litigation.
Clilcfluiillee Ttillcr HendH the Opinion from
the lleneh lleforo n Crowd of Inter
ested I.mvyerH , CorrcHonilenta
unit N
WASIIIXOTOX , D. C. , Fob. 1. | Speclal Tele-
/tram / to Tint BUB. ] TUB BEI'B exclusive
announcement of the result In the Boyd-
Thayer case , which was laid before Its read
ers weeks ago , was finally verified today In
court when Chlof Justice Fuller handed
down tbo opinion reversing the decision of
1 the Nebraska supreme court and declaring
James E. Boyd to have been n citizen of the
United States at the tlmo of his election as
governor of Nebraska. The decision is un
usually long , covering twonty-ono closely
printed pages , a largo portion of which lb oc
cupied with a recital of the frets In the case.
The main point upon which the opinion rests
and which all Judges but Justice Field con-
curst Is tbat the attorneys of General
, Thaycr , in their demurrer , practically concede -
cede ttio naturalization of Mr. Boyd's father
In 1854 , whllo throwing the burden of proof
of such naturalization upon Governor Boyd's
I'ledlctecl hy Senator Muiiilernon.
This is thn very point which Senator Man-
derson cited as'llkely to prove fatal in the
bnofs of General Thaycr's ' attorneys several
days before arguments were mado. Chlof
Justice Fuller based his opinion , ns will bo
> seen , also upon tbo territorial Inhabitancy
v argument of General Cowln and Inferentlally
M > on Mr. Estabrook's Ingenious plea for the
inohoato rights of minors ratified by subso-
J * < iuont action of paronts.
From these points three Justices dissented.
All but Justice Fluid , however , who denied
the Jurisdiction of the court , to take cogni
zance of tbo case , agreed la the opinion of
Sustico Fuller upon the main point relied
upon. Ex-Attorney General Garland made
two vigorous attempts tosocuro an immediate
mandate ot the court addressed to the
Nobrrsku supreme court.
No Immediate .Mandate Issued.
The court declined to issue such per
emptory order on the ground that it was
usual to notify attorneys of the Intention to
Issue suoh a mandate. As the court ad
journed today until February 29 , General
STbayor can continue to draw the pay of the
Dftlco for another mouth if ho waits for the
formal decree of the court to roach Nebraska.
! Mr. Bryan of Nebraska succeeded in lutor-
1 looting during debate on the rules In the
bouse , an announcement of the supreme
court doqlslou with a remark that popular
povorD mont had boon restored in Nebraska.
Governor Umgloy of Maine tried to oboko
him off , but ineffectually. Mr. Bryan , when
tp finally got the lloor , said :
S llciyd's Kloctlon Itavlawoil In the House- .
_ "I move to strike out the lust words. It is
f fr-VJt because I have any special dislike for the
I t/'t word , ' but I desire at this time and un-
Juor this motion to convey to those Interested
nn idea of Intelligence which I am sure It
will bo glad to receive. In 1830 the people
of Nebraska , by a plurality of more than
1,000 votes , elected Hon. J. E. Boyd as
governor of that state. The retiring
governor contested tbo election on the
grounds tbat Mr. Boyd , although
for forty years a resident of Nebraska , twice
mayor of Omaha and the member of two
constitutional conventions , was not n citizen
of the state within the provisions of the con
stitution. The state court , by a vote of 2
to 1 , declared Mr. Boyd not a citizen. I wish
to announce to this house that the United
States supreme court has Just declared Gov
ernor Boyd a cltl/.on and entitled to the
olllco. Tbo news is thus convoyed to you
that this house may Join with the people of
Nebraska in rejoicing ever the restoration of
popular government In that state , "
Dunincriita Applauded.
The words of Mr. Bryan wore roundly ap
plauded on the domocratlo sido.
Around the court add tbo capitol generally
the decision cxoltod but little comment , as it
had been so thoroughly anticipated by the
press that the only surprise evinced
was tno needless delay of the court in
rendering it. It can now bo said that the
decision was reached by the court In private
conference on the Saturday before the puljll
cation In only seven papers In the United
States ; that knowledge of the fact that a
h decision was reached was known to stvon
\ correspondents only or. the Monday follow'
ing , and was retained In confidence until tbo
Friday night succeeding when the result was
icnt out.
Tbo delay In rendering the decision was
duo to the chaerlu of the court at the pronm
lure announcement of their deliberations ,
Nothing KturtlliiK I" the DeeUlon ,
Senator Mandorson said of the decision
shortly otter learning of It this afternoon :
"Boyd Is my governor nnd the governor of
every other citizen of Nebraska. Ho will
kycontlnuo for about a year , and then wo shall
Iff try to put n good republican In his place.
There Is nothing startling lu the decision , I
am not surprised at it , because of an allega-
tlun tn the petition as to the naturalization of
Boyd'a father during Boyd's minority. This
alienation was by a demurrer which was
filed , admitted to bo truo.
I'ull Text of thn Opinion u * Itemleieil hy
thu Supreme. Court.
WASHINGTON , D. C. , Feb. 1. [ Special Telegram -
gram to Tim BEE.The | , United States
eupromo court , lu an elaborate opinion by
Chief Justicn Fuller , hold today that James
E , Boyd is a citizen of the United States ,
and was a citizen for two years preceding his
election as governor of Nobrasku , and that
/.onsecjuontly bo Is entitled to tbo ofllco , and
tbat John M. Thayer , the hold-over governor
who denied the right of Boyd to succeed
him , must give way. All the Justices of the
court , except Justice Field , unites In the
conclusion that tbo United States supreme
court has Jurisdiction of the case.
Justices Harlan , Gray and Brown , while
la tU conclusion ot the
court that Boyd was a citizen of the United
States , did so on the ground that the exorcise
ot all the rights and privileges of citizenship
by Boyd's father , a resident of Ohio , as
established too assertion
shown on the record ,
tion rnndo by Jnmcs B. Boyd and his father ,
that the latter had , In 185 taken out his
Innl naturalization pnpors although there Is
no documentary proof of the Issuance of
.lioso papers ,
IliijtlN Iiilrnllom Clearly Shown.
Thcso tbreo Justice * , although tbo fact was
not stated In so many words by the court ,
did not assent to the conclusion reached by the
other Justices , that Boyd was also a citizen
on the ground , viz. , that the enabling act of
NcDraskn constituted a collective naturaliza
tion of all the Inhabitants thereof at the time
of admission Into the union , unless they hart
stated that they had intended to retain their
rights ns subjects of foreign nations and that
the vauous ofllccs hold by Boyd and the ex-
orclso of the right ot suffrage by him with
the oath of allegiance to the United States
ho took at various tlnios. shows clearly It
was his Intention to become a citizen of the
United States , and that ho so considered
himself ,
The following Is a summary of the opinion
of the court which Is not a verbal statement
of Its argument , though following tbo con
clusions reached and the line of reasoning of
the opinion.
Synopsis of the Opinion.
The court says that on January 13 , 1891 ,
the leave was granted to John M. Thayer by
the supreme court of Nebraska to file pro
ceedings looking to the ousting of Boyd
from ofllco of governor of Nebraska. The
court then renews the charges contained in
the Information lllod by TUayer , the point
as Is well known being that Boyd's ' father ,
although ho had declared his Intention to become
como a citizen of the United States and had
In Ohio for years exercised unquestioned
the rights of voting and Holding olllco , tmd
In fact never taken out his llnal naturaliza
tion papers and therefore was not a citizen
and that as James K. Boyd himself had never
been naturalized Lnit had voted and
held ofllco under the belief that
his father become a naturalized
citizen while ho was a minor ; that , there
fore , under the constitution , .lames E. Boyd
was not u citizen , and therefore not eligible
to the ofllce ot governor of Nebraska , the
constitution requiring that tno governor
shall be a citizen of the state for at least two
years preceding his election.
Uy Hlrtuoortlio Enabling Act.
Boyd , in his reply , hold that the enabling
act of Nebraska constituted a collective
naturalization of all its Inhabitants at the
tlmo of admission to statehood , and also as
sorted that his father had In 185-1 taken out
his llnal naturalization papars , although the
record did not show such a fact.
Tno court llrst devotes sotno space to an
argument In support of Its right of Jurisdic
tion under the mode of procedure under
which the case comes before it , reaching the
conclusion that while the attorney general of
the state refused to Institute a suit against
Boyd , Tnayor as the aggrieved party had a
right to bring the suit on the nominal name
of the state , and that the question boine one
of a denial of a constitutional right to Boyd ,
had made it a federal question whioh could
bo reviewed hero.
The court says it understands that it Is
insisted that Boyd was an alien because his
disabilities as a foreign born citizen had
never been removed by naturalization. Congress -
gross , It says in the exercise of Us power to
establish a uniform rule of naturalization ,
has enacted general laws for the naturaliza
tion of Individuals but that the Instances ot
collective naturalization by treaty or statute
are numerous.
Favors Collective Xiiturals/atlon.
The court tneu says : There can bo no
doubt that In the admission of a stoto a col
lective naturalization may bo effected In as-
cordanco with the intention of congress and
the people applying for admission on an
equal footing with tbo original states , In all
respects whatever , involves the adoption as
citizens of the United States of those whom
congress makes members of the political
community , and who are .rccognl/ed as such
in the formation of the now state with the
consent of congress. The question Is not
what a state may do In respect of citizenship ,
but what congrrss may rocogulzo In that re
gard In the formation of the stato.
The application of this doctrine is then
made to tha slate of Nebraska and Its various
proceedings , looking to its admission , nro
then considered. One clause of tbo state
constitution adopted that white persons of
foreign birth , who had declared their Inten
tion to become citizens , should bo considered
electors and this congress amended by de
claring that It should not operate ns a dis
crimination on account of color. Those pro
visions in connection with section 14 of tbo
state constitution that "no distinction shall
over be made by law between resident aliens
and citizens In reference to property , " seems
to the court a clear recognition of the dis
tinction between those who had and those
who had not elected to become aliens ,
Uuclnriitlunii Were Siifllrlc > iit ,
It follows from tnis that all who had de
clared their Intention to become citizens
congress so regarded and placed those whose
naturalization was complete In the same cat
egory with persons already citizens. But ,
says'tho court , It Is argued that James E.
Boyd had never declared bis Intention to be
come a nltizen of the United States although
his futhor had , and ttml because , as alleged ,
his father had not completed his naturaliza
tion before his son attained his majority , the
futhor cannot ho hold to have ooon made a
citizen by the admission act of Nebraska.
On this point the courr. quotes from the acts
of 1700,171)5 ) and 180' ' , that , minor children of
naturalized parents shall , at the ago of iil
years , bo doemo"d to bo citizens. "
The statutes , U says , leave much to bo. do-
Rlrod with reference to nationality laws and
tbo statements of his parnnts , who declare
their Intention but do not take out 11 mil
papers before the children roach 31 yoara of
ago. Clearly minors , the court says acquire
an Inchoate status by the declaration of In
tontlon on the part of their parents.
Technical I'olutu Itepiiilluteil ,
If they attain majority before the parent
becomes to be a natural citizen , they have a
right to repudiate the status and accept
foreign ulloglanco rather than hold fast to
the cltl/onsblp which the parent's ' act has
initiated for them. Ordinarily the minor
makes application on his own behalf for nat
uralization , but it does not follow that un
actual equivalent may not occasionally be ac
cepted lu lieu of u technical compliance ,
Tno History of ' Boyd.Is then traced from
Ins voting In o'blb in 1655 under tbo belief
and assurance from hU father that ho ( the
father ) had taken out his Until papers , Then
Is traced Boyd's ' long curonr in Nebraska as
voter , oftlco-boldor and toldier against the
Indians with tbo view of showing that for
"over thirty years Boyd had enjoyed all the
rights of citizenship , The hardships of the
pioneers is briefly referred to , and the cour
tesy the policy which sought the develop
ment of the country by Inviting the partici
pation in citizenship those who would engage
In the labors and endure the trials of frontier
lifo which has. so vastly contributed to unex
ampled progress of the nation Justifies the
application of a liberal rather than a tech
nical rule In the situation of the question
consulcjed ,
Oi\th of the Sou Sunicod. -
Under the circumstances , James E. Boyd ,
ho court says , is entitled to claim that it his
'athcr did not compioto his naturalization
JOfore his son had attained majority , the son
cannot bo held to have lost the Inchoate
itatus ho had acquired by tbo declaration ot
ntonllon ; on the contrary thut the oaths ho
.ook and Uls action as n clti/on entitle him to
nslst upon the bcnollt of his father's act
and has placed him In the same category as
its father would have occupied If ho had
emigrated to the territory of Nebraska ; that ,
ti shorn ho was within the Intent and moan-
up of tno acts of congress In relation to
citizens of the territory and was made n
citizen of the United States of the state of
N'obraska under the organic and enabling
acts and under the act of admission ,
Anothornnd snorter course of reasoning
brings the same conclusion. It takes up the
averment In the answer of Boyd , declaring
.hat his father had made his declaration of
ntontlou and had for forty-two years exer
cised tbo right of citizenship In Ohio and
ilso dlstincty alleging "on Information and
belifo that prior to October , 1853 , his father
did in fact compioto his naturalization in
strict accordance with the law and informed
respondent at the tlmo of that fact. "
Precedent Kxtubllfthcfl ,
The court holds , on the authority of Justice
Miller in Mljchell against Clarke , that It has
tbo rlgnt to determine for Itself the
stifllclcnoy of this allegation and that It Islet
lot concluded by the view taken by the No-
oraslca supreme court. It is true that under
the naturalization laws , naturalization can
only bo completed before a court and that
, ho usual proof of natuallzatlon Is a copy of
: ho courts record. But citing Blight against
Rochester and Hogan against Curtztho court
says it Is equally true that where no record
of naturalization can bo produced , evidence
that a person having the requisite
qualifications to become a citizen did In fact
and for a long tlmo , vote and hold ofllco and
exercise rights belonging to citizens , is suf-
llciont to warrant a Jury In Inferring that ho
had been duly naturalized as a citizen , such
being the settled law the court says there
can bo no donbt that the fact that Boyd's
father became a naturalized citizen before
October 18.11 Is well pleaded in Boyd's an
swer and is therefore admitted for the de
murrer on behalf of Thnyor. Specific allega
tions of the time and place and court of
naturalization would have been superfluous
and in view of Boyd's ' Imperfect information
as manifest upon the face of the answer of a
transaction takingj > lace long ago hardly pos
IIo\v n Jury Would Hit re Held.
Under the allegations made , a Jury , the
court holds , would hare been warranted In
inferring that Boyd's ' father became a citizen
ot the United States before 1845 , and consequently
quently that Boyd himself was a citizen.
For this reason , without regard to any other
question argued in the case , the court says
Boyd was entitled to Judgment upon the de
mur r.
Justices Harlan , Gray and Brown con
curred in the conclusions of tbo court for
this reason only The court's order reads as
follows :
riniil Order of the Court.
"The Judgment of the supreme court of
Nebraska Is reversed and the cause ro-
mnnded to bo proceeded in according to law
and in comformlty with this opinion. ' '
Unless the Nebraska courts should , of
their own accord , depart from the usual cus
tom , Governor Boyd will not bo reinstated In
olllco before March at the earliest.
Ex-Attorney General Garland nsltod for a
mandate from the court ' .his afternoon , but
Chief Justice Fuller said tb/it the court
could not depart from Us usuaTXcustom and
would not Issue a mandate boforoN ho usual
time unless notice of attention bo given the
othorsido. The motion of Air. Garland was
therefore denied. As tbo court today ad
journed until February 29 , this action of the
court will have the offuct of delaying tbo is
suance of tbo court's order until after Its re
No KHjiecluI Incitement Manliest Whnt
They Will All Io.
LI.NCO'.N , Nob. , Fob. 1. ( Special to TnB
BKK.J Contrary to general expectations , the
receipt of the news of the Boyd-Thayer de
cision in this city today failed to create oven
a ripple of excitement at the state house.
The people of Lincoln had long since settled
down to tbo conviction that the foreshadow
of the decision , first published in this city
exclusively by THE BEE , was correct. The
decision has been expected each succeeding
Monday , and the knowledge that the supreme
premo court would adjourn today led every
body to con tidently oxpact the final opinion.
The news was lirat received at the execu
tive olllco by a telephone message from
Omaha and confirmed a few moments later
by private dispatches. Governor Thayer
had already beard the news when ho entered
his olllco. and was undisturbed at the an
nouncement. When Tun BII ; representative
entered bis olllco the governor was busily engaged -
gaged in afllxlng his official signature to a
number of school land leases that had been
drawn up by the commissioner of public
lands and buildings , lie refused to express
any opinion whatever , merely saying.that ho
would , of course , "bow to the decision of the
supreme court. "
Decapitated Himself ,
Among ths first callers at tbo executive
otllce was Colonel Harry Downs , chlof clerk
of the bureau of industrial statistics , The
eallnnt colonel was the first to break the
news of the Nebraska court's decision last
May to Governor Boyd , and it has been a
loading qucstlou whether his bead would or
would not bump fhe bottom of the basket
before those of tbo other appointive ofllcors.
When Colonel Downs learned of the decision
ha deftly removed bis official head himself
and placed It at the disposal of Governor
Thnyer , thus relieving Governor Boyd of the
painful necessity of performing the oper
Oil Inspector Carnu was asked whether ho
would follcw Colonel Down's example and
tender his resignation to Governor Thayer
hoforo Governor Boyd took possession. Ho
replied that bo had not considered the
matter. It Is bolluvod , however , ttut nil of
appointive officers will tender their resigna
tions , thus leaving1 a choica assortment of
vacancies for Governor Boyd to fill as soon
ai ho takes possession of his ofllco again.
All Iteiuly for ( iovernor llnyil ,
The executive ofl'cos ' al the state house are
all ready for Governor Boyd when ho comes
into his own again. The work for the past
three weeks has been quietly directed to that
end. This afternoon Morton Smith and
Coloaol Tom Cooke , the executive clerks ,
wore busily engaged in sorting over papers ,
completing records , etc. The work of the
ofllco will bo carefully completed and loft in
good shape for the now administration.
Not a straw will bo laid in the way of
Governor Boyd's entrance upon < iis official
duties. Governor Tua.ver'a friends say ho
has simply done his duty as ho understood
it. Ho wanted Mr , Boyd's citizenship fully
established. It bus been so established in
thocouitof dual resort and the contest is
About the only thing that Governor Boyd
will not find waiting lor him m the execu
tive chamber is the mammoth oaken chair
presented htm with o much enthusiastic
ostentation by the Samoset club of Omaha.
The chair has boon reposing in dignltlod
solitude In another part of the building. Its
presentation , will again devolve upou the
members of the Samosot , and It Is believed
that they will perform the ceremony with
evan a greater demonstration timn upou the
former occasion ,
( lo rrnor Tliiiycr's Future Conrne ,
Governor Thayer will go front the execu
tive ofllco into nn active buslnots career. Ho
has Identified himself with a'syndlcato of
Nebraska gentlemen who nro Interested In anew
now deep water hatbor town on the gulf
const and will In the future devote his tlmo
to the development of' a now commercial
rival of Galvoston. The syndicate is composed -
posed of Governor Thayer , C. K. Montgom
ery of the Gorman National bank of this
city , T. M. Lowry , the well known Lincoln
grain man ; H. H. Groor Of Kcarnoy , A. L.
Strang of Omaha , State Treasurer Hill , At
torney Gonoi-ul Hastings , Soorotnry of State
Allen , Auditor Benton and J. L. Carson ot
Brownsville. Those gentlemen have pur
chased 2,1100 acres of land at Morgan's point
on the Gulf of Mexico , twenty-two miles
south of Houston ami thirty-six miles from
Gulvostou , It Ss the only point along the
roast whore high land and ddop water moot.
At this point n now city nairiod La Porto has
been platted and the syndicate will turn its
attention to the development of n now me
tropolis in the southwest. Governor Thayer
will take a prominent part In this work , and
ho will undoubtedly find ( t both congenial
and pro ( It able.
Don't Wnnt nil Kxtrn SctHlon.
Tim HER representative has talked with
the loading members of the democratic party
of Lincoln , together with many prominent
members of the farmers nlllanco who are hereto
to attend the meeting of tbo state nlllanco ,
and ho finds that tbo sentiment In opposition
to an extra session Is general. Such well
known democrats ns Jutlgo.Harwood. J. H.
Amos , Albert Watklns , Victor Vifqualn and
J. D. Calhoun nro opposed to the extra ses
sion on the grounds of party expediency.
They nro unanimous lu saying that an extra
session could not benefit the democratic
party and that the probability is that it
would do It harm.
Jtemoviil of State Appointees ,
The state appointive officials who hold
their positions only through the pleasure of
thtt governor are prepared' to gracefully
accept the Inevitable , and it' ' is the general
Impression that they will not bo kept long in
suspense. Louis Holmrod .of Omaha will
undoubtedly return to the chief ell inspector
ship nnd General Vifqunln will once more
don the adjutant general's uniform. Sheriff
Million of Fremont is again slated for the
wardenshlp of the state penitentiary whllo
Professor C. D. Rakostraw > wlll be likely to
secure his former position as superintendent
of tao blind asylum at Nebraska City. The
friends of Governor Boyd are expecting a
clean sweep.
World's I'nlr Commission ,
One of the plums at the disposal of the
governor is the place now held by B. H.
Groer as commissioner general from Ne
braska to the world's fair. There Is a sal
ary of $2,500 per annum nttaohfed to the posi
tion , and it is not considered hero at all
likely that a republican will bo allowed to
retain so lucrative a pldco , especially when
the power ot removal Is so conveniently
vested in the governor. Thorn Is a probu- _
bility that still other changos'wlll bo inado in
tbo personnel of thejcommlssipn. The gover
nor is bound to retain the political equili
brium of the commission , Dit ( beyond this
the organization is in his hands.
Omaha Grain Jnspoctorslilp.
Another Important change , reported likely
to bo made by Governor Boyd is in the cniof
grain inspectorship at Omaha. } It Is an open
secret that tbo present chief inspector is giv >
ing satisfaction neither to the State Board
of Transportation nor the Drain men of
Omaha. It Is believed that the Omaha grain
inspection department will develop more
rapidly under the supervision of a man hot
ter qualified for the position ; and it Is altogether
gether prodahlo that a chan'gj } would have
been made in the near * future , even had
Governor Thuyor rcraninouMu the executive
HlHtory of the Case ,
The history of the gubernatorial contest
forms ono of the most Important , as well as
one of the most Interesting tn the constltu
tlonnl annals of Nebraska. The case first
came before the supreme court of tbo state
on January 18,18'Jl , when Governor Tbnyor
made application for permission to file an in
formation in tno nature of quo warranto
proceedings. Later on the same day the in
formation was lilod by Governor Thayer in
his own behalf , Attorney General Hastings
having refused to prosecute the same. In
his information the governor alleged that
James E. Boyd was not eligible to tbo ofllce
of governor for the reasons that ho had been
born In Ireland in 1831 , and. that he never
had boon a properly naturalized citizen of
the United States.
On January 15 , 1S91 , Governor Thayer ap
plied to the supiomo court fur > an in Injunc
tion to restrain Governor .Boyd . from exorcis
ing the duties of the office , apd on January 17
Mr. Boyd was served with'a notice to that
effect. .
February 10 , 189 ! , Mr. Boyd filed with the
clerk of the supreme court a motion to dis
miss tne case on the ground foal the petition
failed to state facts sufficient to constitute a
cause of action. On March 4 the motion to
dismiss was argued , and on March' 5' the
motion was overruled and Mr , Boyd was re
quired to make answer to the general case on
March 10 , J891.
On March 10 Governor Boyd's ' answer was
tiled bv his attorneys , John' ' C. Cowln and
John D. Howe. In his aniwpr Mr. Boyd
averred that lie bad boon for ! over thirty-two
years a citizen of tbo United' States in
fact and in law , ,
On the same day GovernorThayor filed bis
demurrer to the answer. OA March 13 the
case came up before tbo supreme court , was
argued and taken under advisement.
The opinion was handed down on Mav 5 ,
1691 , Justice Norval reading the decision.
Tbo opinion was a loncrthy document , review
ing the case in detail. It was to the effect
that Mr. Boyd had not established Ins claims
to citizenship. Chief Justice Cobb concurred
In the opinion , whllo Justice Maxwell dis
sented , 'i
A writ of ouster was so'rvod upon Governor
Boyd on the same day , nnd tnon the contest
res'tcd until taken up to the supreme court of
the United Statos.
Cenerul SatlHfiictum With the Flnul Flnd-
liiff of the Hiiprm > uCourt. .
Enthusiasm was at high' pitch when bulle
tins were posted at noou yesterday
announcing the favorable ruling
of tbo United States 'supreme court
upon the Nebraska gubernatorial con
test , and when TUB Bia extra confirming
the report appeared , snouts Vent up along
the crowded street 4
The news spread rapidly .u'd , was received
with general satisfaction that found Its ox.
presslon In various forms. Spraa were noisy
and cheered themselves hoirso while others
contented themselves with , lo& * demonstra
tive methods. .
( iorornor IJoyil Hearp Jhu Neivs ,
Governor Boyd was at , TIIB son-in-law's
homo on Thirty-second stre.oi when the news
was telephoned him from 'fTiiB Bcis ofllco
about the decision being bonded down. Ha
at onoa took the car for tilf office in his now
theater and was seen there ' by a reporter for
The governor showed Inn. very little Indi
cation of unusual olatlpn of spirit over the
good news but as bo U capable of keeping
his emotions pretty much' to himself It Is
not at all improbable tudt bo felt a deep
nnd thorough satisfaction in contemplating
the personal victory BO ' Jong delayed and DO
patiently end manfully won.
"All I have to say for publication Is this , "
saidtGovornor Boyd , looiclng as oalm and de
liberate as though ho were talking about
plans for another splendid business block in
Omaha , "General Tnayor can no longer act
aa governor of Nebraska after the handing
down of this opinion , Any act of his after
the opinion has been rendered In the capacity
of a trovcrnor would bo illegal , I am
KO'/ernorof the nutyof Nebraska , whether
I am in Omaha , Lincoln or souiuwbora also.
Tha question of taking the chair Is a second
ary matter. "
"How soon do you oxucct to 0 to Lincoln
They Are Still a Subject of Discussion in the
House of Representatives.
Mr. Corkrnn of Xow York Approves nt tlio
Kx-.Spenlcpr'g Iilrn ot Quorum Mr.
1'lekler Hiiril to .Squelch
Semite Proceeding * .
WASHINOTOV , D. C. , Fob. 1. House "Tho
principle that the presence of n majority of
members constitutes n quorum has had the
sanction of ovary court to which It hat boon
referred , and I think that It ought to have
the sanction of this house. "
This was the retort of ox-Spoakor Reed
today In defending himself against the
spirited denunciation by the democrats of
his official actions in the Fifty-first congress.
The rules nro still the subject of harrowing
discussions In the house , and the decree of
the democratic caucus nnd the frequent de
mands for the previous question seem alike
Important in forcing the debata to a close
und securing the adoption of the code re
ported by the democratic majority of the
committee- rules. Indeed there Isa
disinclination tn the rank and fllo of both
sides of the house to regard the
rules ns n party question. Some of
the most radical features of the
oodo reported by the democratic
majority of the committee on rules find qulto
the finest supporters on the republloan sldo ,
and Hon. Bourke Cockrau , the well-known
Tammany congressman , this ovonmg sur
prised his colleagues by eloquently approving
the principle of recognizing the ocular ovl-
denco of n quorum and his speech was en
thusiastically applauded by the republicans
as an able defense of Speaker Reed's ' rulings
lu the last congress.
After the routine business of the morning ,
numerous bills and resolutions were referred ,
the most Important bolnc n resolution by Mr.
Arnold of Missouri , requesting the recall of
Patrick Egan , minister to Chill.
When the consideration of the report of
the committee on rules was resumed , the
pending amendment was ono offered by Mr.
Oato of Alabama , providing for a committee
on order of builncsa to consist of fifteen
members ( of which the speaker shall be ox-
ofllco ( chairman ) .
Mr. Picklor of South Dakota wished to
offer an amendment giving the committee on
Invalid pensions the rights it had during the
Fifty-first congress to report at any time
upon general pension legislation ; but u de
mand for the previous question made by Mr.
Catchings of Mississippi , cut him off.
Call ml In the SurRcniit-iit-Arins.
The speaker dolarod the previous question
ordered , yeas , 160 ; nays , 99.
Mr. Pickler then moved an adjournment.
Lost , 28 to 103. The vote recurring on Mr.
Gates1 amendment no quorum voted nnd Mr.
Pickler raised that point and proceeded to
proclaim that the amendment he wished to
offer was for the benefit ot the pensioners of
the country. Though Mr. Piokler Is pos
sessed of a strong volco his words were
drowned In n domocratlo chorus of "regular
order. "
In vain dl" the speaker call upon Mr.
Picklor to resume bis seat.
Finally the services of the sergeant-al
arms were called into requisition nnd before
the menacing macs Mr. Plukler yielded and
gracefully took his scut.
Mr. Gates' amendment was rejected.
Mr. Hooker's amendment to strliro out the
clause giving the committee on rules power
to call up its reports at any time and pre
venting dilatory motions uoinfj made when
they are under consideration was lost ; yeas ,
31 ; nays , 12.
On motion of Mr. McCreary of Kentucky
an amendment was agreed to , requiring gen
eral appropriation bills to bo reported withiti
eighty days of the appointment of the com
mittees In a long session nnd within forty
days in a short session ,
Polo ot the .Supremo Court'B Decision.
Just at this Juncture Mr. Bryan of Ne
braska provoked the hilarity ot the demo
cratic side by deftly convoying the intelli
gence to the house that the supreme court
bad decided that Hon. James K. Boyd was
the legally elected governor of Nebraska. "I
move , " said ho , "to strike out the last wowl
of tbo pending amendment. It is not because
I have any special dislike for the last word ,
but 1 do < < Ire at this tlmo and under this
motion to convoy to the house an Hem of
news which I am sure It will bo glad to re
ceive. In 1890 tbo people of Nebraska by n
plurality of moro than 1,000 votes , elected
Hon. James E. Boyd ns governor of that
state lapplausoj. Tno ox-governor contested
tbo election on the ground tbat Mr.
Bnyd , although 40 yars n resident of
Nebraska , twice mayor of Omaha , and a
member of two constitutional conventions ,
was not a citizen of the state within the pro
visions of the constitution. The state court
by a vote of 2 to 1 declared Mr. Boyd not a
cftlzent. I wish to announce to the house
that the United States supreme court has
Just declared Governor Boyd a citizen and
entitled to the office. [ Great applause on the
democratic side. ] The news Is thus con
voyed to you that this house may Join with
the people of Nebraska In rnjoiclng ever tbo
restoration of popular government in tbat
stato. " [ Renewed applauso.j
Crcntud Much UUcuHslon.
Mr. Burrows of Michigan offered nn amend
ment re-establishing the rule of the last congress -
gross empowering the speaker to count a
quorum when such quorum Is present nnd
not voting.
Mr. Alderson of West Virginia moved to
amend the amendment by adding a clause
providing that in no CBSO shall the hat or
cloak or umbrella of p. member In the cloak
room bo counted , [ Democratic applause. 1
Mr. Rood of Maine replied tbat Ills Impres
sion was that the officers of this house
( elected by whatever party ) were qulto capa-
ulo of honestly carrying out tbo rules of the
house as they understood them. Ho desired
to call attention to what seemed to him to bo
a fact , that If the house had a majority of
members actually present it was then and
there constituted a body tj ) do business , of
course if anv gentleman baltovod sincerely
that It was necessary that a majority of the
members should participate In business It
would be the speaker's ' duty to stand uy
ancient methods , out If ho believed that the
presenceof a majority of mo m bom consti
tuted a quorum , he should take the proper
means of ascertaining It. The amendment of
the gentleman from Michigan , Mr. Burrows ,
proposed to ascertain that fact , "us that
Idea , " concluded Mr. Rood , "has had the
sanction of every court to which it has boon
referred I think it should have the sanction
ol this houso.1' ' [ Great applause , ]
Quoted .11 r. Iteed.
Mr. Dockory ot Missouri quoted from ut
terances made by the gentleman from Malno ,
Mr , Ret-a , in 1SM , giving bl Idea of what
constituted a quorum , The gentleman from
Maine had tnon said that the constitutional
Idea of a quorum was not the presence of all
the members of tbo houso. but a majority of
the members personal and participating In
the business of the bouse. It was not the
actual presence of members but their
judgments and votes that tha constitution
called for.
Mr. AUlorson said that during the session
of the Fifty-rtrst congress the speaker
counted n quorum by counting gentlemen
who were downstairs In the bath tubs In
order that the republican majority might
carry out what it intended to do , as against
the expressed will of the people. Taking ,
for Instance , the case of Mr. Forman of Illi
nois who had been counted to make a quorum
when ho was not in tbo District of Columbia.
Mr , Aldorson was not hero to say that hats
nnd umbrellas bad boon counted to make up
n quorum , but to say that empty space had
been counted time and again ,
Mr. Rood replied to the specific statement
made bytbo pentloman from West Virginia
to the effect tbat Mr. Forman of Illinois bad
boon counted to uiako a quorum during the
last congress when In fact ho was absent
from the city. This statement , ho admitted ,
was correct , The gentleman from Illinois ,
Mr , Payson , then occupied the chair , and ho
had made an error In the count. There was
no method of counting n vote or the presence
of a member that was not liable to error and
mistake ; and there had boon repeated In
stances under the rules of the prosont. > v "
when not only members recorded wl
not voted , but members who had voti
recorded erroneously. The errors
1st under any system.
Supported the t. > t.tipe.\ler >
After further debate Mr. Cockran of .
York took the lloor nnd his remarks , will
going to the extent of upholding the un1
Hod power of the speaker to count a
rum , advocated such a rulons would pt. . . .
the house to transact business when the
was n quorum present and refusing to vet *
Ho would favor the closing of the door ;
during every roll call. Ho would give to thi *
house either through the speaker or upon
motion of any member , the power to compel
any representative here to bear that part of
legislation which his presence gave him , and
which was accorded to his presence nnd
not to his voice. [ Applause. I The house
had n right to take an absent member by
force nnd bring him to the oar. It had the
right to punish him. Wt\s not that counting
him for ono purpose ! And if ho could bo
counted for the purpose of punishment could
not ho bo counted for the Interests of the
government ! If representatives after hav
ing boon arrested and released and punished ,
remain hero silent and In contempt of the
house , was the housn powerless to count !
Ho ( Mr. Coobran ) believed that the house
had the right to count a quorum in any way
Itsawpropor. [ Apnlnuso.l
Mr. Alderson of Wen Virginia withdrew
his amendment , and the question was taken
6n Mr. Burrows' amendment. The yeas nnd
nays were recorded , pending which the
house adjourned.
California Wants n IU KIT Slmro of the Ap-
proprliitloni YpHtonliiy'g ItiiHlnctiK.
WASHINGTON , D. C. . Fob. 1. Among the
documents presented nnd referred In the
senate today was the second annual report of
the commissioner of patents. Mr. Kyle pave
notice that ho would on Wednesday next
make so'uo remarks on the proposed constitu
tional amendment as to marrla.o and divorce
In the United States , nnd at the conclusion of
the morning business thu calendar was
taken up , tbo pending question being the
bill to appropriate $75,003 for a public build
ing at Reno , Nov.
Mr. Stewart , in agreement with the offer
made by him last Thursday , moved to rcduco
the appropriation to $00,000 , and spoke of the
necessity of a publio building for the pros
perous town of'Rotio.
Mr. Folton made nn argument to show
California had had nothing like her share of
appropriations for public buildings or rivers
and harbors. Ho gave the receipts from
customs and Internal revenues from that
state from ISSl'to 1891 , snowing nn aggre
gate of about $118,000,000 , and said that 4 >
per cent of that sum would more than pay
for all the public buildings which the state
The amendment was agreed to nnd the bill
Mexican Award HIM.
The Mexican award bill ( known as the
La A bra claim ) was then taken up. The first
vote was on on amendment by Mr. Vilas to
insert in the first and fourth sections the
words , "effectuated by moans of false swear-
Inc. " agreed to.
The next Koto was on another amendment
by Mr. Vllas to insert In section 4 the words
"And that the said La A bra Silver Mining
company , its legal representatives or as
signees , bo barred and foreclosed of all claims
to the money , or any part thereof , so paid b.v
the republic of Mexico for or on account1 of
such awards. " Agreed to.
The next vote was on another amendment
by Mr. Vllas to Insert In section 5 the words
"And in case It shall bo finally adjudged In
said cause that the award made by said mixtul
commissions , so far ns It relates to the claim
of the La A bra Silver Mining company , or
any definable and separate part thereof , was
not obtained Through fraud as aforesaid ,
than the secretary of state shall proceed to
distribute so much of the said award as shall
bo found not so obtained through fraud or
the proceeds thereof remaining for distribu
tion , If any , to the persons entitled thereto. "
Agreed to with a verbal amendment.
I'nnited the Iliel.
The bill was then passed , yeas , 43 : nays ,
5 Messrs. George , Hlgcins , Powers , Viinco
and Vest.
It dirosts suit to bo brought In the name of
the United States in the court of claims
against the LaAbra Silver Mining company ,
and nil persons making claim to any part of
the award , to determine whether that award
was obtained by fraud effectuated b.v means
of false Hwoaring. An appeal may bo taken
to the supreme court of tbo United States
bnd in case of the final decision against the
company , tbo government of Mexico is to bo
released from further payment and the
amount undistributed Is to ba paid to the
government of Mexico. A like bill in rela
tion to the Benjamin Well claim was then
taken up and passed.
Dcclxlon In the I.oltpry disc A Hliiniont of
WASHINGTON , D. C. Fob. 1. Tno United
States supreme court today uphold the con
stitutionality of the anti-lottery net of the
last congress , affirming the decision in tha
cases of the publishers of two Now Orleans
nawspaporfl charged with sendmi ? through
the malls newspapers containing lottery ad
The court holds that the power granted
congress is compioto and carried with it tha
power to forbid tha use of tbo malls in aid of
the perpetration of crime or Immorality.
There Is no abridgement of the freedom of
the press tor thn reason that the government
does not prohibit communication by other
means , but simply through the government
agencies which It controls.
The chlof Justice announced thn following
allotments among tbo circuits :
Fourth Circuit Horace Gray , associate
Sorond Circuit. Samuel Blatcbford , nso-
ciato Justice.
Third Circuit John II. Harlan , associate
Fourth Circuit Melville W. Fuller , chlof
Fifth Circuit Lucius Q. C. Lamar , asso
ciate Justice.
Sixth Circuit Henry M , Brown , associate
Seventh Circuit John M. Harlan , associ
ate Justice.
Eighth Circuit David J , Brewer , associ
ate Justice.
Ninth Circuit Stephen J , Field , associate
Adjourned until February 29.
I.iiHt Survivor or the Kellilrlt Iliigrnot Col
ony 1'aineH Away ,
GAI.BSA , III , , Feb. 1. Frederick Chotlam
has just died here , aged 71 years. Ho was
the last survivor of old Roa river colony of
llugenots , who , emigrated from Switzerland
to the Selkirk In Manitoba. Nearly all the
members of the colony deserted the settle
ment five years later and came to Galena ,
and wlulo their descendants are numerous ,
bo was the last member of the original
colony ,
PoitTHNP , Ind. , Fob. 1. A telegram received -
coivod announces the doatti In Washington ,
L ) , C. , of John Jay Hawkins , chlof of the
judiciary lu the first auditor's olllco of the
treasury department. For twenty-llvo years
ho has dad a position In the treasury depart
ment. In 1US7 lie was ono of Uio committee
of throe to ci.rry to England ever * 100KKOOa ( )
In bonds to bo delivered to the Rothschilds.
LONDON , Fob. 1 Tuo death is announced
In his b'JU ' year of Alexander Rlzos Rangebo ,
tbo Greek puot , arcluuologlst and statesman.
Ho was sent to Washington In 1SQ3 as envoy
ox traordIn ary.
Most complexion powder ) have a vuljja
glare , out 1'o onl's ' U a true boautlllor
WQoao offecu vro l
Arguments In Favor of Electing United
States Senators by the People.
, Urprcftrnlntlvn , lohn on of South Dnhnln
i ; inihilni : | to thn Kleetlom Committee
if Why Senator riilmer'n .Measure Should
llveonio n Immediately ,
* WASHINGTON Btmmu OP Tun Bnn ,
* " WASIIIXOTOX , U. U. . Fob. 1
The talk over the plan of Senator Palmer
of Illinois , nnd others , to have United States
senators elected by direct vote of the people ,
Is bringing out some peculiar features In past
senatorial elections. RuproBontntivo John
son of North Dakota explained today to the
house committee having the subject In
charge , why ho was in favor of n now plan.
Ho said that when republicans had control
of the North Dakoka legislature , n caucus
was held at which he received forty-two out
of eighty votes. Aftur getting the caucus
nomination Mr. Johnson retired to his hotel ,
feeling sura of his election on tha following
day. In tno meant line , however , ho wui
waited upon by an attorney for ono of the
railroads ot that suction which exerts strong
influence in legislative nnd Judicial affairs.
Mu t Support the KullroiiiN.
Tno railroad attorney asked n plediro of
Johnson that If ho was elected to the United
States senate ho would exert his Inllucnce
in securing the appointment of n certain
Judge to the United States circuit court ,
favorable to railroads. Johnson was willing
to wndorno the ] mlko. ; but was not willing to
irivo the railroad a pledge In black and white.
Thereupon they parted , and the railroad iu-
lluonco was turucd against Johnson. The
next dav bo was defeated uy a candidate
who had received only seven votes in the
This Is Johnson's
Representative experi
ence ns ho himself rolaloit it to the committee ,
and If need bo , he Is ready to Ri.vo the names
of the attorney who proposed the bargain
ever the seimtor.-ihlp and the Judge who waste
to profit b.v it. As It is , Mr. Johnson's story
appears to throw n shadow upon the methods
which brought about thu selection of ono of
the North Dakota senators now serving In
Senator Pctllgrow was todav Instructed
by the sonata committee on public lauds to
report his bill appropriating $ . ' 0,000 lor tlio
survey of the northein line of Nebraska do-
lining tha uoundary line between Nebraska
and South Dakota. .
E. G. Kelley WHS today appointed post
master at , Cylinder , Palo Alto county , la. ,
vlco C. II. Tarwilllgcr , resigned , nnd A. Tre-
ntainoat West Grove , Davis county , In. , vice
A. E. Henry , removed.
P. S. H.
It Threaten * to lleeoiiio Ono of the IhHiieH ( if
1'resent Congress.
\VASIIIXOTON , D. C. , Fob. 1. The question
of Utah statehood Is likely to become ono of
the political issues of the present congress.
Already a bill Is pending in thn house com-
mlttco on foreign affairs for the admission of
Utah , and today Mr. Bushncll of Wisconsin
introduced a resolution stating that Utah has
a larger population than tha three adjoining
states \Vyomlng , Idaho nnd Nevada com
bined , und declaring ns follows :
Whereas , Thu president. In his last annual to congiess , siibstintlillv : recom
mended that this territory should still 1m
kuptout of thu union until wo have "satis
factory ovldenro" that after admission they
would "mako. enforce nnd maintain" utloo-
Uvo laws against polygamy , as u state , the
could not do so : an I ,
Whurens. I'ndorsnoli a rulo" und nil tlio cir
cumstances nnd possible contingencies. It la
( Illllunlt to ( lutoinilnu what \vonld be wncli
" satisfactory evidence , " \\liethor the tlmu
for the admission.of the said totrltory Into
union will ever arrive ; and.
Whereas , An iiinomlmonttn the constitution
forever prolilbitlnj polygamy In thu UnKod
Whites and empiiwertn cnn 'iess to mi force It ,
would have no Inu.'er any reason or excuse
for lotuslng statehood to this giout territory :
ami , .
Whereas , Such an amendment would bp-
Rlilos emml the small status ndjoliiintf Utah
against the. Inundation fimn Its polygamous
neighbor , who may thus now eaHlly gain con-
f"1 > ( one or more ofthem and so change
thin , 'institutions und laws so as to Hancllon
and lo'ill/o ; polygamy thuio hayond the
powurof thu gunural uovormiiont , nndor our
presontconstllutlon to I'lilnsay.deny or In any
manner Inturfero wllh'and ;
Whoruas. H would scum thu part of wladoiu
to so dual with this question of polygamy us
to otrcetiially and Ilimlly dispose of It now
whllo yet It may be easily done ; thorafoie ,
Uusolvcil , Itv thoHPiuito and house of rep
resentatives of thu United Status. In conuiuns
iissamblud ( two-thirds of each house con
curring theruln ) , that this congiuss 11 ore by
proposes to thu legislature of thu scvuial
status the following ainciidmont to the consti
tution of the United Htates , to ho known as
article 10 of thu amendments thereto , Unfit :
ffcctlon 1 , I'olygamy shall nuvur u.\l tii In
the I'nlttid States , or any nlucu subject to
thulr Jurisdiction.
Hue. - . Conxicbs shall have power to make
all needful laws to enforce this article and
punish Us violation.
\Ventern Pensions ,
WASHINGTON , D. C. , Fob , 1. [ Special Telegram -
gram to TUG Bna.J Tha following list of
pensions granted is roporloa by Tim Bun
and Examiner Bureau of Claims ;
Nebraska : Original Jonathan II , Hosvor ,
John Sliullaoanrer , Vincent Sniipp , FrederIck - .
Ick Schultzo , John Lee , Irus Clark , Joshua
Perkins , David Campbell , Frodoriok P.
bniltb , Henry P. Smith , Russell Pine ,
GoorKo W , Tato. Henry M. Wnrrlnor ,
Thomas ljuwronco , Thomas Matthews , O.
Mizon , Rlulini-d Tlbbetts , Edwin F. Wood
ward , Andrew Nlckoraon , .lames W. Smith ,
Henry H. Spraguo. Additional George W.
Collins. Increase Harvey H. Chllds.Thomai
C. Armor.
Iowa : Original Dson ( TIce , William
Banner , bimon Kd wards , .lotin Cassoll ,
Alonzo Strawn , Samuul b. Smith , William
Wight , Samuel Cox , James H , Cnrmlcuuol ,
Georco HUck , Robert N , Latterly , Thorns *
Chonovcrt , Lovl Taylor , John W. Lvona ,
Edward I Ramsay , IJavld Wallace , William
J , 1'alno , Adlnoram J , Burtuh , C'harloa West/-
brook , George W , Dodson , Martin V.
Straight , Thomas Clifford , John H. Carpen
ter , John McPherson , Henry Rico , She ! by
Willis. Thomas J , Button , George B , Kolton ,
John H. Rice , Jacob II. Wolf. James Splcor ,
Thomas Shannon , Daniel Whituoy , Georga
Stupht'iiBon , John H , Martindalo , Stephen J.
Cook , Cyrus Colvln. Robert Wilson , William
H. Lean , William H. Wfcnzol , John McDon
nell , Danlul H. McGa y , Ebenoier Hunlun ,
Ell Roth , James Stewart , Henry 7 , Tucker.
Additional William A. McCaliigtor , Isaaa
Whltakor , Samuel Morris. Original widows ,
etc. Jane E. Moruy , minor of John P , Gush
Asked That 1 : :111 : Ho Iteeltlleil.
WASHINGTON , U , C. , Fob. 1 , In the house
today Mr , Arnold of Missouri presented for
reference a resolution requesting the prosl
dent to recall the minister of the United
States to Chill , Pntrlok E an , to thu end that
reciprocity ot umicablo relations between
the two countries may ho had and main
tained ,
'I'll n I'li'.i Iteeiird ,
Wooimocn , 111. , Fob. 1 , Fire early , thU
morning burned tbo VVavorly house , livery
stable , two saloons , pool roam and a number
of smaller building * . The loss aggregate *
$00,000 , with little Insurance.
loua'i * I.t-Kixliitnru Duo Nothing.
DBS MOINT.S , lu. , Feb. 1 , The sonata met
this morning and at once adjourned until
tomorrow morning , Thu house was not la
UoWltt'i. Little Kary uwen for the llvoi ;
Pcwltt'4 I.lttlo Karly Uisurs , oo t