Show No Decision in the BojdThnyer Case WASHINGTON Jan 4The BoydThayer case involving the question of the citizenship citizen-ship of Boyd and as 1 consequence his eligibility I gibility to the office of governor of Nebraska Ne-braska to which ne was elected was not decided oy the supreme court today Inquiry I quiry into the matter developed the fact that only eight justices sat in the hearine of the case Justice Bradley being absent on account of illness The premature announcement an-nouncement that the court had decided the case in favor of Boyd by a vote of 6 to 3 cannot be correct therefore so far as respects re-spects the majority by which the decision is said to have been reached The justices of course would nothing whatever say as to the case in advance of the announcement I announce-ment from the bench of the decision A curious coincidence in connection with the publication in advance of what the decision de-cision of the court would be and the respective re-spective number of justices in favor of Boyd and in favor of Thayer was devet oped in court today The case of the Northern Pacific against Hiram Dustin prosecuting attorney of Yakima county Washington was decided today by a vote which the publication referred to alleged to be the decision of the justices in the Boyd Thayer case In this case the court reversed re-versed the decision of the state then territorial terri-torial court as would be the resultif Boyd wins hs suit Jn the Boyd announcement two of the members of the minority were said to be Republicans and one Democrat In the Yakima case today two justices are Republican namely Brewer and Harlan and one Democrat namely Justice Field v hether or notsome chance utterance with respect to this case was overheard and mistaken mis-taken for an expression with regard to the Nebraska governorship contest perhaps will never be known as the justices consider con-sider ita violation of the official proprieties to speak of such matters and anyone giving giv-ing out news which is supposed to be an inviolable secret until officially proclaimed from the bench will naturally not wish to be known as the author |