Boyd Is An Alien

Lincoln, Neb., May 6. -The suprem court of the state yesterday rendered a de cision in the Boyd-Thayer quo warrant case, ousting Boyd and declaring Thaye the legal governor of Nebraska. The opinión recites the fact that Boyd was legally elected governor of the state, bu delares him disqualifled on the grounc of non-cltizenship l.ieul,. Gov. Majors Not 'In It." After quotiag the constitution relating to aliens, it proceeds to the question o the successorship, and disposes of th claim of Lieutenant Governor Major by stating tuat when the person receiving the highest rumber of votes for the oflic of governor is ineliglble, uuder the consti tution, to be elected, the governor hold over. Boyd Ready to Stibmit at Once. The duties of the chief executive offic of the state devolve upon the lieutenant in certain contingencies, arnong whlch are the failure of the governor-elect to qualify, or the disability of the governor. It cannot 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 at 5 o'clock. Jie receiyed it calmly and said: "I am ready to turn over the office now." Too Late to File the Alotton. His attorney, John D. Howe, of Omaha, who had just arrived, requested him to wait a moment, and 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. The opinión was signed by Chief Justice Cobb and Justice Norville, Justiee Maxwell dissenting. It is statod thac Mr. Boyd will carry the case to the supreme court of the United States. The decisión on the whole may be said to be a surprise, the opinión being that in the event of the ousting of Boyd Lieutenant Governor Majors would be named as his successor. The Way Judgo Maxwell View It. Judge Maxwell in his dissenting opinión contends that the fact that Boyd was a resident of the territory at the time of ita admission into the unión as a state, conferred upon him the rights and privileges of citizenshio.