Rensselaer Republican, Volume 23, Number 37, Rensselaer, Jasper County, 14 May 1891 — A GOVERNOR OUSTED. [ARTICLE]

A GOVERNOR OUSTED.

Thayer Declared Legally Elected Chief Executive of Nebraska. Decision by the Supreme Court Which Say* Boyd is Disqualified on the Ground of Non-Citizenship. The Supreme Court of Nebraska rendered a decision on the sth, in the BoydThayer quo-warranto case, ousting Boyd and declaring Thayer legal Governor *u Nebraska. The opinion recites the fact that Boyd was legally elected Governor but is disqualified on the ground of noncitizenship. After quoting the Constitution relative to aliens, it proceeds to the question of the successorship qnd disposes of the claims of Lieutenaht-Governor Majors in the following words; “Under the Constitution, a per Son elected to the office of-Governor is entitled to discharge the duties and receive the emoluments of the office for the term of two years from the first Thursday after the first Tuesday In January following his election and until a successor is duly qualified. When the person receiving the highest number of votes for the office of Governor is Ineligibleunder theUonstltutton to be elected the Governor holds over. The duties of the chief executive office of the State devolves upon the Lhutenant-governor in certain contingencies, among which are the failure of the Governor-elect toqualify any disability of the Governor. It can not be said that there has been a failure to qualify where no person has been constitutionally elected to the office.” The writ of ouster was served on Governor Boyd about 5 o’clock. He received it calmly and said, “I am ready to turn over the office now.” His attorney, John D. Howe, of Omaha, who had just arrived requested him to wait a moment. He immediately went to the Supreme Court room to file a motion for a stay, but as the judgment had already been entered and the. writ served it was too late. Mr. Boyd accordingly turned over the office to Governor Thayer, who had in the meantime taken the oath of office and filed bond. The opinion was signed by Chief-Justice Norville, Justice Maxwell dissenting. It is stated that Mr. Boyd will carry the case to the Supreme Court of the United States. The decision on the whole may be said to be a surprise. The opinion was that in event of the ousting of Boyd, Lieutenant governor, Majors would be named as the successors.