JK 7625 1907 .H4 TH :VMOND UEBA 3 1822 01063 7866 uB?!!^: \ '*^* SNt OtffiO 3 1822 01063 7866 ^.2^ /? i^/cT^. X,^Xv- duuirl^^^ ''h3 Cyf C^ Cu^'/^^>- a m lii z -J z O Hi h > THE GOVERNMENT OF WYOMING The History, Constitution and Administration of Affairs Tliere are no points of the compass on the chart of true patriotism. WlNTHItOl'. BY GRACE RAYMOND HEBARD Librarian and Associate Professor of Political Economy State University of Wyoming THIRD KDITION ®t|p Ubitakfr $c Haii (Eompano (lNCOKI'! II. Chronology of Events that Led to the Occupation of the Territory West of the Mississippi River. SPANISH RULE. (The following tables traco the jjossessors of tlie land, by the different nations through their explorers and settlements, which is now included witliiu the boundaries of Wyoming. Had the existence of this area been known and had there been settlers thereon they would have been under the rule of the following nations and their respective rulers. It must be remembered, how- ever, that Wyoming was not even explored; that it was a vast unknown country, inhabited by savage tribes of Indians, their very existence then being unknown to civilization.) 1479-1516. Ferdinand I of Aragou. Isabella of Castile. The New World. 1492. Columbus makes the first voyage, discovers Guan- ahani, Cuba and San Domingo. Takes possession of Guanahani in the name of the King and Queen of Spain. 1493. Bull of Demarcation by Pope Alexander VI. on which Spain rested her claims to the New World. 1494. Columbus explores the southern coast of Cuba and discovers Jamaica. 1498. Columbus reaches the northeastern corner of South America and discovers the river Orinoco. 1502. Columbus coasts along the eastern shores of Cen- tral America from Honduras to the Isthmus of Panama, still in the belief that what he had dis- covered belonged to the Asiatic mainland. 1513. Vasco Nunez de Balboa discovers the Pacific ocean, called by him the Mar de Sur, or South Sea. 1520. Fernando de Magalhaens penetrates from the At- lantic into the Pacific ocean. America known to be a Continent. Till-: IIISTOHV OF WVOMIXG. 17 ir. Discovery of a Northern Continent. Exploration of the Interior. Ferdinand I. 1513. Ponce do Leon disi-oveis Floriila by sailing around the southern edge and traveling along the western coast as far as Tampa Bay. Charles I. 1517. 81avtrs reach the coast of Yucatan. 1519. Pineda discov^ers the mouth of the Mississippi. 1519-1521. Cortez conquers Mexico. III. Expeditions Into the Interior of Mexico. 1528. Narvaez leads an expedition to the southern coast of the United States. Cabeza de Vaca tells the story of the ' ' Seven Cities of Cibola. ' ' 1539. Friar Marcos penetrates beyond the desert of the Pueblo region. 1540-1542. Coronado 's expedition reaches the boundary of Nebraska, through Colorado and the present New Mexico. Spanish Discovery of the Northwest. (a) By the Coast Line. 1533. The exploration of Southern California is started by Jimenez, who discovers the southern part of the California peninsula. These explorations are intermittently repeated with more or less success, especially after 1750. Finally 1775. The expedition under Heceta reaches 49°, ex- plores the shore and claims to have discovered Columbia Eiver. Another craft of the same ex- pedition reaches 58°. The coast from 42° — 55" formally taken possession of for Spain. (b) Inland Eoute. 1540-42. Expedition of Coronado, as already referred to, was not surpassed for more than 200 years. The 18 Til 10 GOVERNMENT OF WYOMING. coast region, however, and parts of the interior of California, Colorado, New Mexico and the North- ern portion of Texas were explored and to some extent settled. 1776. The expedition of Escalante roaches Utah Lake above 40°. The whole coast region up to 37° is now occupied. Towns are founded, over- land routes established. In 1773 the region of Upper California is parcelled out into government districts. No further advance bv land until 1800. French Discovery of Mississippi Region. 1519. Beginning with the Spanish, Pineda discovers the mouth of the Mississippi. 1539-43. De Soto 's inland wanderings, contemporary with those of Cartier. 1541-42. From not far from the mouth of the Arkansas, the Spaniards make a long tour to the West, re- turn to Mississippi and reach the Gulf. De Soto 's wanderings through the territory of Florida, Geor- gia, Alabama, Arkansas, Texas and Louisiana well established. 1670. Hudson Bay Company is formed and posts are established in region adjoining the Bay. Also French Company formed and in ensuing conten- tions the forts change hands many times. 1673. .Toliet and Pere Marquette cross over from Lake Michigan to Wisconsin River down to the Mis- sissippi and to the moutli of the Arkansas and the northern limits of De Soto 's wanderings. It is decided that the Mississippi flows into tlie Gulf and not into the Pacific. 1680. Hennepin is sent by La Salle down the Illinois and from there up the Mississippi to 45° half way across the Continent from East to West. 1682. La Salle descends Mississippi to the Gulf and erects a fort at the Mouth of the Ohio. Thus Mississippi valley is added to the domain of New France. Til 10 HISTORY OF WVOMTNG. 19 1685. La Salle comes with a colouy from Franco and, missing the mouth of the Mississippi, is cast away on Texan shore, where a fort is built and formal possession is taken for Franco. 1699. Iberville and Bienville come and found permanent settlement in Louisiana. In the north French trappers range the country as far as and beyond the Upper Mississippi visited by Hennepin. 1712. Crozat is given exclusive commercial privileges in Louisiana. 1716. .lohn Law 's financial experiment. 1717. Crozat 's monopoly fails. 1720. Bursting of the ' ' Mississippi Bubble. ' ' 1727. The French explore to a point above the Kansas. 1731-43. Verendrye attempts to form a line of trading posts across the Continent. 1742. Upper Missouri Eiver ascended to region above Yellowstone. 1743. The Verendryes reach base of the Eocky Moun- tains in what is now Montana. 1755. England and France at war over boundary. Seven Years ' War results. 1762. Family compact between France and Spain. 1763. Transfer of territory after Seven Years' War gives Spain (from France) city of New Orleans and all territory between the Mississippi Eiver and the Eocky Mountains. France does not own an inland acre of land in North America. 1800. Treaty of San Ildefonso agrees to transfer entire province of Louisiana back to France. 1803. Louisiana Purchase for $15,000,000 includes all of Louisiana, Arkansas, Missouri, Iowa, North and South Dakota, Nebraska and parts of Montana, of Minnesota, Colorado. Kansas, Wyoming and Okla- homa. THE OREGON COUNTRY. American Domain. 1792. Columbia Eiver discovered by United States ex- plorer Eobert Gray from Boston. 20 'I'lIK (JOVKh'X.MKXT or WN'OMIXG. 1805. Kxploicrs l.rwis jind Clark travel up the Missouri tt» its source, (io down Columbia Kiver to the Pacific Ocean. 1811. John .Jacob. Astor settleiueiits on southern bank of Columbia Rixcr. 1819. By the Floriila Treaty Spain cedes to the United States all claims she might have by earlier ex-, plorers to land embracci] in Oregon, Idaho and parts of Montana and Wyoming and lays no claim north of 42° bi'cause of no definite historic evi- dence of actual explorations or settlements. 1818. Contract between P^ngland and the United States to reorganize this territory as neutral ground. United States and Britain both claim the land betvi^een California on the south to 42°, which was owned by Mexico, and Alaska on the north, which was owned by Russia, to 54° 40'. 1819. By terms of ti'eaty United States claims land to 54° 40'. 1842. Boundary AVar agitation. "Fifty-four forty or Fight ' ' cry. 1846. Compromise under President Polk's administra- tion agrees on 49° parallel as the south bound- ary of England. Had we forced our claim for 54° 40' we would have had complete mastery of the Pacific Ocean and the settlement in 1903 of the Canadian line would have been avoided. Mexico. 1824. United States of Mexico organized into a repub- lic, separating itself from Spain; President Vic- toria; contains besides Mexico all of California, Nevada, Utah and Texas, Arizona, and parts of New Mexico, Colorado and Wyoming. Trouble between the United States and Mexico over Texas, which Mexico refuses to sell. Texas severs its connection with Mexico. 1848. Treaty of Guadalupe-Hidalgo gives all of the terri- tory north of Mexico to the United States. Presi- dent Herrera in command. (Contains all the orig- inal Republic of 1824 now in the United States 1833. 1836. THE HISTORY OF WYOMING. 21 except Texas, which at this time includes also part of New Mexico, Oklahoma, Kansas, Colorado and Wyoming.) Texas. 1836. Severs its connection with the Republic of Mex- ico and has a separate government; includes all of the present Texas, part of New Mexico, Okla- homa, Kansas, Colorado and Wyoming. "Lone Star" State has a series of governors from Bur- nett to Jones. 18i5. Becomes a State of the United States with bound- aries as in 1836. GOVERNMENTS OVER WYOMING. Mexican Secession. 1519-1821. Spanish. 1821-1824. War of Independence. 1824-18-48. Republic under different Presidents. 1848-1907. United States. Texas Annexation. 1519-1821. Spanish. 1821-1836. Mexican. 1836-1845. Texan. 1845-1907. United States. Oregon Country. 1792-1907. United States. (No valid claim granted Spain.) Louisiana Purchase. 1519-1763. French. 1763-1800. Spanish. 1800-1803. French. 1803-1907. United States. 1808-1813 22 THI'] GOVERNMENT OF WYOMING. RULERS OVER WYOMING. Spain. Ferdinand and Isabella 1479-1516 Charles 1 1516-1556 Philip II 1556-1598 Philip III 1598-1621 Philip IV 1621-1665 Charles II 1665-1700 Philip V 1700-1746 Ferdinand VI 1746-1759 Charles III 1759-1788 Charles IV 1788-1808 Ferdinand VII ... t Joseph Bonaparte j Ferdinand VII 1813-1833 France. The Valois Line. Francis 1 1515-1547 Henry II 1547-1559 Francis II 1559-1560 Charles IX 1560-1574 Henry III 1574-1589 The Bourbon Line. Henry IV 1589-1610 Louis XIII 1610-1643 Louis XIV 1643-1715 Louis XV 1715-1774 Louis XVI 1774-1792 The Republic 1792-1799 The Consulate 1799-1804 CHAPTER III. The Making of Wyoming. 1803. Wyoming is included in the region of the Lou- isiana Purchase under the governorship of Clai- borne. (Wyoming.) 1804. Territory of Orleans formed with Claiborne as Governor, appointed by Jefferson, and all the rest of the Louisiana Purchase is called the District of Louisiana, having Clark for Governor. (Wyoming.) 1805. Aaron Burr and partner Blennerhassett unsuccess- fully attempt to separate territory of Louisiana Pur- chase from the Union; District of Louisiana be- comes Territory of Louisiana, w^ith Wilkinson as Governor. (Wyoming.) 1807. Lewis appointed Governor of Territory of Louis- iana. (Wyoming.) 1812-14. England unsuccessfully attempts to take the Louisiana Purchase Territory, and thus we saw the last hostile foreigners to encroach on our soil. 1812. State of Louisiana formed and all the Louisiana Territory is called Missouri Territory. (Wyo- ming.) 1813-20. Clark made Governor of Missouri Territory. (Wyoming.) 1854. Nebraska Territory formed from the northwestern part of Louisiana Territory. This includes the present boundaries of Nebraska, all of Montana east of the Eocky Mountains, North and South Dakota west of the Missouri Eiver aild all of Wyoming that was in the Louisiana Purchase, and also that part of Wyoming included in the Texas Purchase. 1861. Dakota Territory formed from Minnesota and Ne- braska Territory by taking from Nebraska the portion west of the Missouri Eiver (now a part of North and South Dakota) and the part of Mon- tana embraced in the Nebraska Territory. The Dakota Territory comprises all of Wyoming in the Louisiana Purchase north of the 43° line drawn 24 TIIH GOVKKXMKNT OF WVOMLXti. through the middle of the cast and west boun- daries of Natrona and Fremont Counties. The southern part of Wyoming then belongs to Ne- braska Territory, excepting soutliwest part of Uinta County. 1848. Oregon Territory formed and comprises all of Washington, Oregon, Idaho, the northwestern por- tion of Montana and all that part of Wyoming included in the 1819 Oregon country and the land ceded to the United States in the Treaty of 1846 with England. 1853. Washington Territory formed from a part of Oregon embracing a portion of Idaho and Montana, but not Wyoming. 1859. Oregon becomes a State and that portion of Wyo- ming which was included in the Oregon Territory since 1848 now becomes a part of the Washing- ton Territory, which consists of all of the original Oregon country not embraced in the State of Ore- gon. 1863. Idaho becomes a Territory, and is formed from Washington, Dakota and Nebraska. Idaho em- braces all of its present boundaries, all of Mon- tana and all of Wyoming, not only the portion contained in the Oregon Territory, but all of the countrj"^ in Wyoming embraced in the Dakota and Nebraska Territories except the extreme south- western corner which had belonged to Utah since 1850 and came to us by the Mexican Grant. This Mexican Grant originally ran to a line nearly corresponding to the western county line of Car- bon County. When Idaho Territory was formed, however, this southwest area was reduced until its eastern line corresponded with the eastern boun- dary of Uinta County, 33° of longitude, and its northern boundary was the extended southern boundary of the present Idaho, 42d parallel. 1868. This southwestern Mexico territory is taken from Utah when Wyoming becomes a Territory. 1850. Utah by the Guadalupe-Hidalgo treaty becomes a Territory from Mexico. As such it includes the TIIK IIISTOKV OF WYOMING. southwest corner of Wyoming. This territory is again reduced by tlie creation of the Idaho Terri- tory. Utah holds a small area until 1868, when Wyoming becomes a Territory. 18J;5-1850. Texas owns a small portion of Wyoming, practically all of Carbon County and a small por- tion of the southwestern corner of Albany County. 1850. Texas sells all the above portion of Wyoming with other lands to our Government for $10,000,000. 1854. This Texas land in Wyoming is again included in the Nebraska Treaty, which is formed out of the original Louisiana Territory or Missouri Territrry. 1864. When Montana Territory is created part of Idaho is temporarily restored to Dakota. This portion includes all of Wyoming, except Uinta County and the southern half of Yellowstone Park. Wyoming is now under the jurisdiction of Dakota, Idaho and Utah and so remains until the Territory is formed. 1868. Wyoming admitted as a Territory, the extreme southwest corner of the State, embracing about one- third of Uinta County, coming from Utah. The rest of the county is a part of Idaho and the re- mainder of the State is taken from Dakota. 1890. Wyoming admitted as a State after having had Territorial government, connected with lands which had boundaries from the Gulf of Mexico to the Canadian line; from the western banks of the Mississippi to the Pacific Ocean and some part at least under rule of 1803, Louisiana. 1812, Missouri. 1845, Texas. 1848, Oregon. 1850, Utah, 1854, Nebraska. 1859, Washington. 1861, Dakota. 1863, Idaho. 1864, Dakota. 1868, Wyoming. All territorial governments, except Texas. 26 THK GOVERNMENT OF WYOMING. STATE BOUNDARIES. Constitution of Wyoming, Section 1, Article XI. The Boundaries of Wyoming shall be as follows: Commencing at the intersection of the twenty-seventh meridian of longitude west of Washington with the forty-fifth degree of north aSude and running thence west to the thirty-fourth -eridian of west longitude, thence south to the forty-flrst degree of north latitude Uience east t; the twenty-seventh meridian of west longitude and thence north to the place of beginning. ^ ^ .. (The State boundaries are identical with those of the Territory admitted in 1868). CHAPTER IV. The Louisiana Purchase. In 1763 Spain, by virtue of the "Family Compact" of 1762, so known because the rulers of France and Spain agreed to defend their domains against the whole world, took possession of Louisiana which had been in the hands of France since the time of her earliest explorers. During 1795 we entered into a very indefinite and unsatisfactory treaty with Spain to use the mouth of the Mississippi, the present New Orleans, as a deposit for our products coin- ing from all along the Mississippi and which were to be exported. Spain possessed both banks of the river at its mouth and the western shores to its source, while United States only possessed the eastern banks and had no sea- port. The river was a highway to the market, and New Orleans was a port for the output of the settlers. The denial of the free use of the highway was a real injury to the frontier people. There was but one desire of the American people and that was the right to navigate un- trammeled the river from its source to its mouth, for there must be an outlet for the inland products. This treaty of 1795 was only a temporary arrangement and at its best most uncertain. Rumors of war, of a desire to take the mouth of the Mississippi by force, of the discontent as to a condition which hindered the growth and prosperity of all those who were dependent upon the navigation of the Mississippi to get their goods to the sea, caused the United States authorities at Washington much anxiety. Great care and diplomacy must be used to bring about the desired result, to meet the demands of the justly restless farmers and producers. These people were de- manding for their allegiance to the United States pro- tection from the United States. The Government had for some time realized the importance of having a seaport at 28 THK GOVERNMENT OF WYOMING. the mouth to export the prochicts in order that the result of the pro(hicers in the Mississippi valley might be profit- able. France was dismayed at the privilege granted by Spain in 1795. Napoleon saw a possibility of regaining the lost New France. He had a desire to limit our western progress and confine our possessions to the Eastern shores of the Mississippi. Spain, however, did not have the power to bind us to the proposed boundaries and trans- ferred all of Louisiana to France on October i, 1800, by a secret treaty which gave back to France all of the Terri- tory which she ceded to Spain in 1763. Vague rumors circulated as to this unknown real estate transfer making the Mississippi settlers restless and determined to fight. Our experience with France on the high seas had been of such a nature as to make this move far from reassuring. During the John Adams administration three envoys were sent to France to adjust the difficulty. An inter- view with the French authorities would not be granted unless we paid a stipulated sum. This was refused when our envoy, Pinckney, made the famous remark, "Millions for defense but not one cent for tribute." In 1802 Spain closed the mouth of the "father of waters" to our products and this virtually stopped the navigation of the river by the citizens of the United States. Presi- dent Jefferson and the administration tried, to plan ways and means by which the difficulty could be overcome and Jefferson asked Congress to appropriate $2,000,000 to be given to France for New Orleans and West Florida which would carry with it our right to navigate the entire length of the Mississippi. Robert R. Livingston, one of the five to draft the DeclaKation of Independence, was at this time our Minister to France. James Monroe in the early spring of 1803 was sent to Paris as a special envoy to assist in the purchase of New Orleans. THE HISTORY OF WYOMING. 29 Napoleon Bonaparte, First Consul of the Republic of France, had at this time involved all Europe in war. He was in desperate straits for money; he was in much urgent need of replenishing his depleted purse not only to carry on the wars already begun but to prepare for the threatened war with England, France's old enemy, who had been watching Napoleon's unparalled success with envious eyes. In any event he could hardly expect to hold Louisiana, a possession at so great a distance from the Mother Country. Barbe Marbois was not only the Minister of the Treasury of the Republic of France, but was the confidential and trusted councilor of Napoleon, and was selected by him as a plenipotentiary for this sale. These four statesmen, two of whom had taken part in our struggle for Independence and two of whom were de- cidedly conspicuous in the movements of the French Revolution, perfected an agreement by which all of Louis- iana was to be added to the United States. We only asked for New Orleans and the mouth of the Mississippi. The surprise came when Napoleon said : "I renounce Louisiana. It is not only New Orleans that I will cede. It is the whole country without reserve." The price w-as $15,000,000 and the Treaty was signed April 30, 1803. This was ratified by Congress November 3, 1803, and the purchase made December 17, 1803, when Livingston remarked, "We have lived long, but this is the noblest work of our lives." In round numbers we obtained 1,037,735 square miles, or about 664,150,000 acres, at two and one-fifth cents an acre. For a sum less than the amount which was appropriated to properly celebrate the hundredth anni- versary of this event at St. Louis,* a territory was added to the United States which now comprises thirteen •The Exposition at St. Louis to celebrate this purchase cost $50,000,000.00 — more than three times the purchase price. ■so TlIK GOVERNMENT OF WYOMING. of our States and which moreover occupies one-third of the area of the United States and contains one- fifth of the people of America. The purchase gave us the control of the Mississippi and its tributaries, and it gave us a commercial highway. It more properly might be called the acquisition of both the Mississippi and the Missouri rivers, as it includes the entire length of the Missouri to its head waters in the Rocky Mountains. To emphasize the value of this tre- mendous acquisition of land it is worth while stating that at the present time the wool products alone of the States made out of the Louisiana Purchase would pay the pur- chase price. The corn in Iowa would pay the price six times over. The wheat fields in this territory are greater than half of all those in our land and their products would buy Louisiana a hundred times. Technically France did not occupy Louisiana at the time of the purchase. The transfer from Spain by the Treaty of October i, 1800, called the St. Ildefonso treaty, had never been made. France did not occupy the prov- ince she was selling. The formality of surrender and delivery from Spain to France had to be accomplished before France could dispose of the land to the United States. November 30, 1803, with proper ceremonies the yellow and red flag of Spain was lowered at New Orleans and the keys of the Island turned over to the French Repre- sentative, who in the name of France raised the tri-colors of that country. December 20, 1803, the tri-colors de- scended as had the Spanish colors twenty days before and the Stars and Stripes ascended and the reign of France on American soil came to an end. Within the space of three weeks Spain, France and the United States each had owned Louisiana, a stretch of land embracing the territory covered by Arkansas, Iowa, Nebraska, North and South Dakota, Minnesota ; parts of Colorado, TIIK HISTORY OF WYOMING. 31 Kansas, Louisiana, Montana, Minnesota and Wyom- ing and Oklahoma, containing to-day a taxable wealth of $6,616,642,829, an area larger than the combined area of Great Britain, Germany, France, Spain, Por- tugal and Italy, and equal to two-thirds of the ter- ritory covered by the original thirteen States. It has been said this act was by far the greatest work of our people during the years intervening between the adoption of the Constitution and the outbreak of the Civil War. CHAPTER V. Explorers. Several years before the appropriation was made by Congress for this purchase of New Orleans, Jefferson, while Secretary of State in 1792, had in mind the sending of an exploring party to navigate the Missouri River to its source. He had a desire to extend the commercial relation with the Indian and to obtain some of the benefits of the region which was being monopolized by traders from Canada and British America. He and his private secretary, Meriweather Lewis, had talked the matter over before the Louisiana Purchase, and when he became Presi- dent he strongly recommended in his message to Con- gress in January, 1803, that an expedition be sent into the unknown Northwest. Congress supported him, and his instructions were drafted and plans formulated for the trip June 20, 1803, which was some days before the Paris Treaty reached Washington (July 14, 1803). Lewis was appointed by Jefiferson to lead the party, and he in turn chose Captain William Clark to be his associate. The entire party consisted of the two leaders, whose names have been historically inseparable, and forty-four assistants. They started from a point near New Orleans May 14, 1804, and returned to St. Louis September, 1806, having broken a path for civilization which is unparalled in the history of modern or ancient times. On the route they encountered trappers from the south and the Hudson Bay Company men from the north and Indians over a good part of the journey. Then a time came when even these were not seen, and for months they explored north and west towards the Rocky Moun- tains, where the native animals were their only enemies. The leaders were fortunate in securing the services of an Indian squaw, Sacajawea, of the Shoshone tribe, who THE HISTORY OF WYOMING. 33 liad been captured wlien a child and was now the wife of a Canadian French trapper and interpreter.* She acted as their g'uidc. It is questionable if without her aid and knowledge of the country the expedition could have been successful. While this expedition at no time traveled over any of the country now occupied by Wyoming, the explorers came within forty miles of the northwest corner of the State and heard of the wonders of the Yellowstone Park. The line traveled was up the Alississippi to St. Louis, across the middle of the present State of Missouri, north on the Missouri to the present site of Sioux City, Iowa, west and north on the northern boundaries of Nebraska, north through the middle of South Dakota, north to Bismarck, North Dakota, and then northwest, still fol- lowing the Missouri river into Montana, going south from Fort Benton, in the northwestern part of Montana, to within fifty-six miles of the northwest corner of Wyoming, thence south and west, where they crossed the Rocky Mountains at a point between Montana and Idaho, now known as the Lewis and Clarke Pass,f then directly north to Fort Missoula, crossing the Bitter Root Mountains and west to Lewiston on the boundary be- *When Lewis and Clark returned they paid Sacajawea's husband. Charboneau, the sum of $500 for his services to the expedition. All trace was lost of this Indian woman guide, and for nearly a century no record could be found of her. The Exposition at St. Louis in 1904, commemorating the centennial of the Louisiana Purchase, and the Lewis and Clark Exposition at Portland in 1905 were very fruitful in bringing to light data that seemed to be lost to history. Among other interesting facts it has been established beyond a question of doubt that Sacajawea lived for a great number of years with her tribe in the Shoshone Reservation in Wyoming; that there are several white people living in that locality who knew her; that one of her tribal names was "the Canoe Woman," and that she was buried at the agency April 9, 1884, the services being performed by a clergyman who is at this date, 1907, continuing his good work among the Indians. tThe family name appears as Clark, but the places named for the explorer are spelled Clarke. 34 THE GOVERNMENT OF WYOMING. tween Idaho and Washington, down Snake River to where it joins the Cokimbia river and on down the river to the Pacific Ocean, having crossed the continent and reached the end of their western exploration, which gave to us (November 15, 1805) the territory now covered by Oregon, Washington, Idaho, and a part of Wyoming. Here they stayed until the next spring. The return home was over practically the same country to Fort Missoula in Montana between Bitter Root and the Rock}' Mountains, when Clark went south to Clarke's Pass and through the Rocky Mountains, at a point just east of Bitter Root Forest Reserve. This point is about sixty miles north of the place in the mountains where they crossed when going west. From here the route was north and east to Bozeman, about forty-eight miles north of the northern boundary of Wyoming. Clark found the Yellowstone river at a point near Livingston (named after Robert Livingston), and following this east and north struck the Missouri river near Fort Buford, at which place Lewis joined him. From Fort Missoula, where Clark went south, Lewis went north and east and crossed the Rocky Mountains about one hundred and forty miles north of the Lewis and Clarke Pass and eighty miles north of Clarke's Pass, then on to the Missouri river to Fort Buford, just east of the Montana line, where Clark joined him and together they returned to St. Louis, having been gone two years and four months.* ♦Jefferson instructed Lewis and Clark to observe carefully the country over which they passed and to collect all specimens possible of a botanical and zoological nature and to keep a journal or diary and to make maps of the expedition as they traveled. These instructions were carefully executed, and most of the original records are now in the possession of the American Philosophical Society of Philadelphia. In 1903 it was found that a Mrs. Clark Voorhis of New York, had received as an inheritance fi'om lier father, who was the son of the explorer Clark, a portion of this manuscript. Some of the collections made on the journey are still preserved. THE HISTORY OP WYOMING. 35 On Lewis' return President Jefferson made him Gov- ernor of Louisiana, 1807, and in 1813, when the Missouri Territory was created out of that portion of the Louis- iana Purchase not inchided in the State of Louisiana, Clarlc w-as made territorial Governor of that wonderful northwestern country, which also included all of the land in Wyoming acquired by the Louisiana Purchase. Lewis and Clark opened a new country and blazed a path for Western progress. In the northwestern part of the State of Wyoming we have a lake named for Lewis and a town and stream named for Clark. From this time on we have more or less authentic information as to the settlers and traders in Wyoming. There are many unsubstan- tiated reports of the expeditions made into Wyoming across our southern boundary line by early Spaniards. We have discovered no written records of these explora- tions, although many stone and iron implements have been found in the various counties. This indicates beyond a possible doubt that Wyoming was visited by daring adventurers before the time of Lewis and Clark. Who they were, how they came, and when they left is a problem which may never be solved. Our first authentic information as to the early explorers commences with the French Canadian, De la Verendrye, who explored in Wyoming as early as 1743, entering the State from Montana, coming down the Shoshone river and south- west into Fremont county. During the year of the Lewis and Clark expedition Zebulon Pike explored into the northern part of Missouri as far south as Mexico and into Colorado, discovering the famous Pike's Peak, bearing his name. John Colter was with Lewis and Clark and left the party on its return at Fort ]\Iandan and in the fall and winter of 1806 trapped in Wyoming on the streams of the Big Horn and Stinking W^ater (now called Shoshone river by act of Wyoming legislature of 1901). He crossed the Big Horn country 36 THE GOVERNMENT OF WYOMING. into Fremont, then west into Uinta and out of the State. He crossed Teton Pass and then back into Wyoming^ up Lewis river into the Yellowstone Park and back to the point where he entered the State. He carried to Clark wonderful tales, which were not believed, of the marvel- lous Yellowstone which he found in 1807. Colter is not only the discoverer of the Yellowstone, but the first American to enter Wyoming. Mr. Coutant in his His- tory of Wyoming says there had been other white men before Colter, but they were not Americans. John Jacob Astor organized a company known as the Pacific Fur Company and placed at its head Wilson P. Hunt to conduct an expedition into the Rocky Mountains. In August, 181 1, they entered the northeastern part of the State in Crook county, traversed the county from northeast to southwest and to a point as far west as P.uffalo in Johnson county, from which they traveled fur- ther west and south by crossing the Big Horn Mountains, going up the Big Horn river, then to the Wind river, through what is now the Wind river or Shoshone Indian Reservation, through Sherman Pass, sighted the three snowy peaks of the Grand Teton Mountains, down Ho- bach river along Snake river and thus crossed the State. From here Hunt and his party pushed west to the mouth of the Columbia river and in 1812 reached Fort Astor, which was built in March, 181 1, as a trading post on the Pacific Ocean. Thus they opened a way before used by no white man for our great i\merican fur trade. The Astor expedition added to our claim by right of settle- ment to all of the Oregon territory, which the English did not acknowledge to be ours until 1846. One of the Astor men, Robert Stuart, on his return from the Pacific Coast to New York, in the summer and fall of 1812, discovered South Pass, a gap in the Rocky Mountains located in Fremont county, also the Sweet- water river. He definitely located the source of this '. '^; ^^jS« '^^^S^iK^Sf^^ The Wonders seen by Colter in 1S07. YELLOWSTONE NATIONAL PARK. Angel Terrace, matle by the overflow from gey Giant Geyser. The Wonders seen by Colter in ISOT. YELLOWSTONE NATIONAL PARK. Angel Terrace, made by the overflow from geysers. Giant Geyser. THE ]11ST()KV OF WVUMING. :i9 river, which is a tributary of the North Platte, bein^ the first to find in Wyoming a stream whose water flowed toward the Mississippi river.* During December of this year he and his party trav- eled along the North 1 Matte to Nebraska, and thus was the path found for the Overland Trail through Wyoming over which thousands upon thousands of explorers and settlers have traveled on their way to the Pacific Ocean or to the States west of Wyoming. Lewis, Clark, Colter, Hunt, Stuart are all identified with the early history of Wyoming. During the year 1822 \\"illiam Ashley, of St. Louis, trapped extensively in W3'oming on the streams in Big Horn county and in 1823 again returned to Wyoming by the way of the North Platte river and named the Sweet- water and Green rivers. James Bridger, who built Fort Bridger in Uinta county. and discovered Bridger Pass, was of this party. Many people in our State knew Mr. Bridger, wdio died in 1881. He was born in Virginia in 1804 and came to Wyoming in 1822. Ashley sold all of his interests in Wyoming in 1824 at the time when we were Missouri Territory and had not yet become a part of Nebraska. Through his influence numerous fur trappers and traders had been through our State to its borders. The history of their lives is the History of \\'yoming. Mr. Coutant has made many interesting chapters in his History of W^yoming on this subject. In 1828 A\'ilHam Sublette discovered Jack- son Lake south of the Yellowstone Park and named it Jackson Hole, after his friend David Jackson, who was exploring at that time with him. Captain Bonneville, whom Washington Irving has aptly described, came to Wyoming in 1832 and was interested in the fur trade. *Stuart was the first American to traverse the Valley of the Sweet- water ♦ • « * and also the first explorer of the North Platte. — Coutant, History of Wyoming, Vol. I, pages 110 and 118. 40 'IIIH (lOVKRNMKNT OF WVUMiNG. Bonneville was an officer in the regular army and had instructions to observe the traits, customs and modes of living of the Indians. Similar instructions were given by the Government to Lewis and Clark when they explored in 1804-06. Captain I'onneville wandered up the North Platte, the Green river, the Little Wind ri\cr, saw the Hot Springs of Fort \\^ashakie in Fremont county, climbed Mt. Bonneville in the \Vind River Rang^e and finally left \Vyoming by the way of the Snake river on his way to Fort Astor. He returned through \Vyoming by way of Jrcar river, Ham's Fork, Green river, Sweetwater and the Platte to Nebraska.* Kit Carson, the noted marksman, hunted in Wyoming in 1830, and with him the historic character, Jim Baker. In 1835 Samuel Parker and Marcus Whitman passed over the State by the way of the Platte, Laramie and Sweet- water rivers. They stopped at Independence Rock (on whose sides one may read to-day the names of hundreds of pilgrims who were on their western march), went through South Pass, along Green river and out of the State to W^alla Walla, ^^^ashington. In 1836 they returned to W3^oming again from the east with their brides, and on July 4, at South Pass, in the name of the country took possession of the land which is now W'yoming. From here they pushed on to W^alla Walla. Whitman's noted interest in the organization of Oregon which at one time embraced a part of Wyoming, makes his life and history worthy of more careful study. It was he who recommended to the Government the es- tablishment of forts along some of our streams and through his influence F'ort Laramie and Fort Bridger were purchased, which were then trading posts. ♦These explorers on their return to civilization told of the majestic Teton Mountains, in which were found the headwaters of the Colum- bia River. ■r. s: % rf 2 H T — fi) III <, (T) — O ;.:. X 33 •n P s= > 0) t/i n Z 3 w z o $ 2 - -1 " < m O 5 J: ^ H O — Ui .^' ^^ aiq T c w THK HISTORY OF WYOMING. 18 Father Peter De Smet traveled through and about Wyoming in the early forties, fifties, sixties and seventies. Fremont explored in Wyoming during 1842. He visited Fort Laramie, and here he addressed the Indians, crossed the State in August, discovered Fremont's Peak, near the western line of the county, bearing his name. He estab- lished the necessity of some direct overland communica- tion between the Atlantic and Pacific. In 1843 he again toured over this country and has left valuable records of his explorations. Mr. Coutant in his History gives the following table of our early explorers, covering a period of one hundred years : Verendrye 1743 Colter 1807 Hunt 181 1 Stuart 1812 Bonneville 1832 Fremont 1842 Fremont 1843 CHAPTER VI. The Territoi'}' of Wyoniinj;'. These explorers encountered many difliculties and en- dured many hardships. The Indians were not always friendly; there were many depredations and food was often scarce. Advanced civilization never is able to pay its debt to the explorer, the frontiersman and the pioneer, all of whom have made present conditions possible. For the protection of these pathfinders and earlier settlers the government established forts and military posts. The earliest of these is Fort Laramie on the North Platte river not far from the Nebraska line. This post was named after Jacques La Ramie, a French Canadian trap- per, as was Laramie Peak, Laramie county, Laramie, Laramie river and Laramie Plains. His record dates as far back as 1820. At this place we have the first settle- ment in the State. This fort was a trading post and the fur business of the State for years centered around this locality. The fort was first built in 1834, and passed afterwards into the hands of the American Fur Company, who rebuilt it in 1836 of adobes or sun-dried bricks. The Government i^i 1849 purchased the fortress as one of a series of forts along the Overland Trail, which were located to protect the settlers, but more particularly to guard the lives of the immigrants seeking western homes. For this same reason Fort Fetterman was established near Douglas and Fort Casper. B}^ this overland route tjirough Wyoming thousands of immigrants went to Oregon, the "Forty-niners" to the gold fields of Cali- fornia and the Mormons to Utah. The Mormons took the Overland Trail through South Pass and from there went south into Sweetwater county, reached Fort Bridger in Uinta county and thence west into their land of prom- ise. This Overland Trail was changed in 1862, entering THE lilSTORV OF \VVOML\(i. 4.") Wyoming on the south near Virginia Dale, Colorado, went across the Laramie. Plains west to a point south- of Rawlins, Rock Springs, Granger, Fort Bridger, Evanston (called Bear River Station) out of the State. The trail made by the stages can yet be traced when traveling over our prairies. I'^reighting over this great Overland highway became quite extensive in 1856 through the protective measures which the Government had established in the military posts. This was followed by the Pony Express and a regularly established stage route. It took twenty days to make the journey from St. Joseph. Missouri, to Salt Lake City, Utah. These posts were used as stopping sta- tions when changes of horses were made and necessary repairs. A telegraph line from Omaha to California going through Wyoming over the Overland Trail was completed in 1861, and we were thus put into close touch with the outside world. The years 1865, "66, '67 were filled with bloody Indian wars and thrilling massacres. The Union Pacific Railroad Company commenced to cross the State in 1867 and rapidly pushed west over the southern area. By acts of Congress, 1862 and 1864, the odd numbered sections for twenty miles on each side of the railroad became the property of the Union Pacific. There are no navigable rivers in Wyoming giving us nat- ural transportation facilities, and in this matter we are en- tirely dependent upon railroads. With the coming of this sign of civilization we needed a fixed form of government and we needed our public lands surveyed and we needed dift'erent tribunals than the \^igilance Committee. The people asked Congress in 1868 to admit Wyoming as a Territory. The people living in our State thought a territorial government would better the lawless condi- tion then in existence. They agitated the question among themselves and sent Dr. Herman Latham to W^ashington to represent them in the matter. He pre- 4« TllK GOVEH.XMK.N'r OF WYOMINO. sented a petition to Congress asking for a territorial organization to he called Wyoming, setting forth the facts and reasons which made this action both advisable and necessary. INIany supporters were found for the measure, and a bill was introduced in Congress February 13, 1868, to create a new territory. This bill was not passed until July 25, 1868. It was proposed to call our State the Territory of Lin- coln and also the Territory of Cheyenne. July 25, 1868, President Johnson signed his name to a bill which made this the Territory of \\ yoming. This name was sug- gested by the people of Wyoming, having been pre- viously advocated by Ashley in 1865 and L. R. Freeman in 1866. The word AVyoming, which means the "large plains," comes from the Delaware Indian name Maugh- wauwama. The Territory of Wyoming was formed, and we thus took our first step toward Statehood. Territorial officers were not given us until April 7, 1869. Nominations for appointment were made by Presi- dent Johnson, but the Senate did not confirm them. Soon after Grant's inauguration, however, the new ap- pointments were made and promptly confirmed by the Senate. The Territory was organized May 19, 1869, and the first election was held September 2, 1869, when our first legislature was elected and our delegate to Congress. The authority to send a delegate to represent Wyoming was the opening wedge for full representation in the Senate and House of Representatives twenty-one years after when in 1890 we became a State. The boundary lines for the territory ^vere the same as those adopted when we became a State. The area em- braced within our borders is as great as New York, TlIK HISTORY OF WYOMING. 47 Pennsylvania and New Jersey combined. The area is one and one-half times as large as all of New England. The development of the Territory was necessarily slow. The Union Pacific in the early territorial days did not assist in the development of the country along its line as had been expected. Its chief purpose was to carry traffic to the Pacific Coast. There was little thought of permanent homes, and the existence of those who were in Wyoming was only temporary. Cheyenne had but one house on July 5, 1867; all living places were confined to tents and shanties. It was the terminus of the Union Pacific Railway for the winter, and a large floating popu- lation moved west with the railroad. In 1868 Laramie had its first building. From here this mixed population, consisting of a very undesirable class of people, moved further west with the progressing railroad and finalh' out of the State. The Indian question was a constant hindrance and drawback to the settlement of the territory. The "red- man" waged continual war against the settlers and yielded to advanced civilization very stubbornly. Fort Phil Kearney was established on July 15, 1866, in John- son county, just south of the boundary of Sheridan county. The Indians did not want an encroachment in any part of the country, and in December of that year killed eighty-one people connected with this locality. The fort was abandoned in 1868. Wyoming was a center for hunting bufit'alo and animals valuable for their furs. A treaty made at Fort Bridger with the Government in 1868 contained terms by which the Shoshone and Bannock Indians were given a tract of land called the \^^ind River Reservation situated in Fremont county covering an area of 1,520,000 acres and occupying one of the most fertile spots in the State. The Bannocks did not stay long on the territory, and in 1872 the Arapahoes were transferred from the Red 48 'lllH COVKHX.MIO.X'r OF W \(>M I .NMl. Cloud Sioux Rescr\'ation to the Reservation in this State, and the two tril)es, Shoshone and Arapahoe, though orig- inally not friendly, ha\'e li\'cd on this same traet since that time. This tract was for a long time the great annual hunting ground for the Sioux, Chcyennes, Arapa- hoes and the Crows. This land was closed against the actual settler. The Indians, while keeping the pros- pectors and settlers from their special locality, came dowU to the southern part of the State stealing cattle and kill- ing the white men. Governor Thayer as late as 1875 in his message to the Fourth Territorial Assembly urged that the Indians be compelled to stay on their reserva- tions and that the tribal relations be dissolved. The treaty signed at Fort Bridger in 1868 was con- tracted by a Commissioner on the part of the United States on the one hand and Washakie and other chiefs for the Eastern band of the Shoshone Indians and Tag- gee for the Bannock tribe on the other. The treaty con- tained a pledge of peace, an agreement by the Govern- ment to keep the white man from the reservation, and if he destroyed the peace he was to be punished; if the In- dians committed the depredation the chiefs pledged to have them arrested and tried before the law. The Gov- ernment agreed to erect a series of buildings on the reservation and to give the Indians a ph3^sician, carpenter, miller, engineer, farmer, blacksmith and teacher. The Government appointed an agent, who lived on the reser- vation and directed and supervised the affairs and heard all cases brought against the Indians for depredations. The Indians agreed to make the reservation their perma- nent homes, but reserved the right to hunt on unoccupied lands of the United States. Each head of a family was granted the privilege of selecting land not to exceed 320 acres, to be held in his name for the exclusive possession of his family as long as he continued to cultivate the tract. The Government required the Indians to compel Chief Washakie, who signed the Treaty in ISdS at Fort Bridser for the Slioslione Indians. (From Cheyenne Leader.) THE HISTORY OF WYOMING. .")! their children between the ages of six and sixteen years to attend school, and for every thirty children a Govern- ment teacher was provided. They were to be clothed by the Government and seed and agricultural implements were provided, and in addition to this money was granted to each one of the tribe for a period of thirty years. Every roaming Indian was to receive $10.00 ; $20.00 were granted to the agricultural Indian. The Government did not give them the money, know- ing their ignorance of its value, and the impositions practiced on them through this ignorance. In lieu of the money this amount was spent by the Secre- tary of the Interior for articles for the Indians as necessity demanded. The Shoshones claimed to have occupied their present territory of the Wind River Reservation* on the land in the region between the Snake and Eig Horn rivers since 1781, when they finally conquered the Crow Indians. This was a decade before we made any claim to the land within the State. Our earliest title dates with the discov- ery of the mouth of the Columbia river in 1792 by Gray. The Shoshone chiefs ruling Wyoming were con- temporaneous with Washington of the United States, Charles III of Spain, Louis XVI of France and George III of England. These Shoshone Indians were governed by the same chief, Washakie, for over seventy years. He was the *During the summer of 1906, in accordance with an Act of Con- gress dated March 3, 1905, a part of this reservation was thrown open for settlement. This tract embraces all of the land north of the Big Wind river and east of the Popo-Agie equal to" about a million and a half acres of agricultural and grazing lands. The Indians sold ' this portion of their reservation to the Government, hence this land does not belong to the State until filed upon, but to the United States, and is open to entry for the settler and pi-ospector under the homestead, coal and mineral laws. Sections 16 and 36 (school sections) in each township became the property of the State, amounting to about 92,000 acres. r)2 'I'lIK rivileges. Mrs. Esther Alorris was the pioneer v/orker for Woman Suffrage in this State. She herself held the position of Justice of the Peace, ^^'omen in the State at the present *Hon. Stephen F. Nuckolls. 56 THK (iOVERNMENT OF WVOMIXC. time liokl that ofificc. During the lirst years of Terri- torial government women served on the jury. Five women served on the Grand Jury in Laramie in March, 1870, and seven on the Petit Jury. 'J'his is the first com- mon law jnry where woman ever acted in the capacity as juror. This was under the administration of Chief Judge Howe and this Grand Jury had brought before it bills for consideration of murder cases, cattle stealing and illegal branding. Women served for three consecutive terms of court under Judge Howe when it was decided under the law that women had no right to serve as jurors. Most of the County Superintendents of Public Schools in the State are women. One woman* has been State Superintendent of Public Instruction since Statehood, and a number of women have served as trustees of the State University. No attempt after the second territorial legislature has ever been made to repeal the law granting woman this right of franchise. When the subject came up for dis- cussion a-t the time of the adoption of the State Con- stitution, the Constitutional Convention was practically unanimous for a continuation of woman suffrage. The territory* commenced with four counties, Lara- mie, Alban}-, Carbon and Carter (afterwards Sweetwater) and all extended from the southern to the northern boun- daiies of the State. The seat of government of each of the four counties was along the line of the Union Pacific. They were created under the territorial jurisdiction of Dakota and were in existence when Wyoming Territory w^as organized. In 1867 there were only two counties, Laramie and Carter. Laramie embraced all of the east- ern half of the State and Sweetwater, or Carter, extended west to the present eastern boundary of L^inta county and went from the northern to the southern boundaries of the *Miss E.stelle Reel, now (1907) Superintendent of Indian School Service. THE IirSTOKV OF WYOMING. 57 Stale. Uinta count}' was not formed, but was then a part of Idaho and IJtali. There are now thirteen coun- ties in the State, organized as follows: Counties. Original bot;ndaries defined by Act of \\'yoming- Legislature.* Albany 1869 Rig- Horn 1890 (Authorized), 1896 (Organized). Carbon 1870 Converse 1888 Crook 1875 Fremont 1884 Johnson 1875 (Authorized as Pease county), 1879 (Or- ganized as Johnson.) Laramie 1869 Natrona if Sheridan li Sweetwater 1869 Uinta 1869 Weston 1890 *Derivation of County names. Albany named by a resident of Albany, N. Y., who served in the Dakota Legislature. Big Horn, for the Big Horn or Rocky Mountain Sheep living in that locality. Carbon, because of the coal found in the county. Converse, for A. R. Converse, a stockman of Cheyenne. Crook, for General George Crook, the Indian Scout. Fremont, for General C. Fremont, the explorer. Johnson, for E. P. Johnson, an Attorney-at-Law of Cheyenne. Laramie, for Jacques La Ramie, the French-Canadian trapper. Natrona, from the deposits of Natron or Soda. Sheridan, for General Phil Sheridan. Sweetwater, for the taste of the water in the stream bearing this name. Uinta, for the Uintah Indians. Weston, for Dr. Weston, who was instrumental in bringing a rail- road into that section. 58 TlIK COVHRiXMKNT OF WVOMINd. J3uring the territorial days stock raising was the great- est industry of Wyoming. The years of 1880 to 1882 were years of wonderful prosperity for the stock inter- ests. Man}' settlers came to our State during these years and took up government land, making their homes along our streams, and fencing in their possessions. The large tracts of land formerly controlled but not owned by the "Cattle Kings" became greatly reduced, and with this limited domain and the worthlessness of land- without direct communication to water the stock interests de- clined, although to-day it is the leading industry of the State. The population of Wyoming in 1870 was 9,118, in 1880 it was more than double, reaching 20,798, in 1890, at the time of Statehood, it had gained to 60,705, while in 1900 it had reached 92,531. Of this number 75,116 were na- tive born and 17,415 were of foreign birth; 58,184 w^ere males, 34,347 females, 89,051 were white, 940 negroes, 461 Chinese, 393 Japanese and 1,686 Indians. The State cen- sus taken in 1905 shows the population to have increased to 101,817. CHAPTER VII. From Territory to State. ■ The inhabitants of Wyoming were anxious to pass from- a territorial form of government to that of self-govern- ment. While a territory we did not have a voice in the selection of our chief executive officers. The Governor, Secretary of State, Chief Justice and the two Associate Justices, Attorney and Marshal, were all appointed by the President of the United States and subject to the ap- proval of the Senate. These officers were not residents of the territory and came to us as strangers with little or no knowledge of the immediate needs of the people, and when their term of office, four years, expired, they gen- eralh'" returned to their native States, to have their place again taken by others who knevv' not the necessities and problems confronting our citizens. These officers, though worthy and able men. were not representatives of the interests of the territory. We wished a government "of the people, by the people, for the people." These same "people" felt that their highest interests would be best secured by "home rule.'' would be more speedily established, if men who had cast their fortunes with Wyoming and had faith in her future were at the helm. These "people" were willing to assume this important responsibility and take the affairs of State into their own hands. Another reason for the desired change was that we had no voice in the making of the laws in Congress. We sent a Territorial Delegate to Congress who was granted a seat in the House of Representatives, but was not permitted to vote on any measure. We were obliged to obey the laws made by the General Government and demanded a voice in the formulation of them. We had no voice in the election of our Chief ^Magistrate who sent officers to govern and rule over us. We were under the (ill 'I'HK (JOVKKXMKNT OF WVO.MIXG. supervision of Congress, which at its will could annul any of our legislative acts and there was no redress. (3ur alien Governors, if not in harmony with the i)eople of the Territoiy, could veto any proposed legislative measure of vital interest to the progress of the State. We bcr lieved that laws should he enacted by those only over whom they were to be ])ut in force. We had no United States Senator, no Representative in Congress, and the cry of Revolutionary days, "Taxation without Repre- sentation" was raised. W^e desired ecjuality with our ad- joining States by admission into the Union, and above all, we sought local self-government. We had reached our majority after serving an apprenticeship of twenty-one years with territorial government and petitioned to be free citizens, members of a nation, where before we had only been in a nation. The citizens, believing development and growth synonymous with a change, elected members to the Tenth Legislative Assembly, with the understanding that it would be expressing the voice of the people at the polls if at the next session the first active steps were taken toward Statehood. This legislature met in January, 1888, and in the form of a joint resolution from the Territorial Senate and the House of Representatives memorialized Congress on the "State of Wyoming." The resolution set forth the resources of the Territory, the valuation of our industries, the condition of our educational advantages, the popula- tion, and asked for legislation by Congress to enable the people of the Territory to form a Constitution and vState government, and also for the admission of such State into the Union. The Memorial was sent to Congress through our Dele- gate,* who had a bill introduced in the Fiftieth Con- *Hon. Joseph M. Carey. TTII>; insTOHV OF \VYOMI\(;. 61 gress which provided for a Constitutional Convention. This is known as Senate l>ill No. 2445, which was re- ported favorably to the Senate of the United States February 27, 1889.- In accordance with the provision of this bill, a majority of the counties through their County Commissioners, petitioned our Governor to apportion the number of delegates to attend a Constitutional Conven- tion and to execute all such other acts as were necessary for convening the Convention in accordance with the regulations contained in the Senate bill. The Governor, Secretary of State and Chief Justice divided the Territory into delegate districts. They apportioned the number of delegates among several districts in proportion to the population in each said district upon a basis of the votes cast for Delegate to Congress on November 6, 1888. Each of the counties of the Territory was made a delegate dis- trict, and fifty-live delegates were apportioned. The Governor on June 3, 1889. issued a proclamation setting the second Monday in July, 1889, as a day for electing delegates to a Constitutional Convention, to be held in Cheyenne the first ^Monday in September. 1889. The proclamation commenced as follows : "Whereas the Territory of "Wyoming has the popula- tion, material resources, public intelligence, and morality necessary to insure a stable local government, ' '• — Following this general statement the executive stated that he was convinced that a large majority of the citi- zens of Wyoming were desirous of forming for them- selves a constitution and State government and of being admitted into the Union and of exercising the rights and privileges guaranteed to a free and loyal people under the Constitution of the United States. He asked further that representative men of character and ability be chosen as delegates to justly represent all of the classes and people in Wyoming, men who would frame a Constitution which could be submitted to the people for ratification or re- jection. 62 THP] COVKKNMKNT OF WVOMIA'C. Every county elected delegates and sent them to the convention, which met in the Capitol at Cheyenne on September 3d, and was in session until September 30, 1889. This Convention contained representative citizens, a careful, conscientious and conservative class of men, representing no one class, or political party. There were in the Convention men from all walks in life, from the farmer to the statesman, men who had or have since then served the State in the following capacities : Chief Justices (3), United States Senator, United States District Judges (2), Governors (3), Representative to Congress, President of the University, State Treasurers (2), and also repre- sentatives for the stock industry, for the mining interests, for the merchant, for the press, and, by far the largest number representing the legal profession. A majority of the members had served the Territory in the legislature. They were not novices, but men of wide experience and careful judgment, familiar with the present and future needs and necessities of the State. Our Constitution, as it now exists, was formulated and adopted by this Convention and signed by the members. In accordance with a resolution passed b)^ this body the Governor called a special election for November 5, 1889, asking the citizens to ratify or reject the Constitution as presented. The voice at the polls gave an overwhelming majority for the document. A bill for the admission of \\'yoming as a State into the Union on an equal footing with the original Thirteen States, was introduced in the Flouse of Representatives at the next Congress. The bill passed the House, was sent to the Senate, where an amendment was made in reference to the Yellowstone Park, and the bill returned to the House of Representatives for concurrence. The House agreed to the amendment and the bill was passed, with the signature of the President of the United States* *Ben.iamin Harrison. THK illSTURV OF WYOMING. 63 attached to the bill, on July lo, 1890. The long struggle for equality and liberty had ended and Wyoming became the forty-fourth State of the Union. In the fall of this year the people elected the State ofificers, a Representative to Congress and members of the First State Legislature. The most important action taken by this assembly was the election of two United States Senators.* We now- had a voice in our National laws, through our Senators and our Representative, we had a voice in the selection of our President by virtue of our three electoral votes, and we chose our State officers by the voice of the people at the polls. The Constitution took effect and was in full force imme- diately upon the admission of the territory as a State, July 10. 1890. (Art. XXI, Sec. 8.) While the Constitu- tion was framed and submitted to the people for adoption, l)efore Congress enacted a law for the admission of Wyoming into the Union, it was stated by Art. XXI, Sec. 23, that there was no intention or purpose on the part of the Convention to set up and organize a State govern- ment until such time as the United States Government in its wisdom and authority should admit the Territory as a State. (To be called Wyoming.) REFERENCES. Windsor, Narrative and Critical History of America, Vol. II. Hinsdale, How to Teach History, Annexation. Hermann, The Louisiana Purchase. (A Government publica- tion.) Hosmer, The Louisiana Purchase. Hosmer, A Short History of the Mississippi Valley. Lewis and Clark, The Expedition of Lewis aud Clark. Dye, The Conquest. McMaster, ^History of the People of the United Statf^S, Vol. II, Chap. XIIL Wilson, A History of the American People, Vol. TIL Washington Irving, Astoria. *Hon. Josepli M. Carej^ and Hon. Francis E. W^arren. 64 TIIK C.OVKRNMKNT ()!•' \VYOMrN(?. (?ozucr, The Lost Trappers. Chittcudeu, the History of tlio American Fur Trade of the Far West. i''romout, Report of tlie lOxploriiig Exi)editioii to the Rocky Mouutaius. tlcury and Thompson, New Light on the Karly History of the Greater Northwest. (Ed. by Couea.) Roosevelt, Winning the West, Vol. IV. Hiusdale, The Old Northwest. Winsor, The Mississippi Basin (1697-17G3). The Western Movement (1763-1798). Austin, Steps in the Expansion of Our Territory. Hitchcock, The Louisiana Purchase. Thwaites, Rocky Mountain Explorations. Coucs, The Expeditions of Zebulon Montgomery Pike. Chittenden, Yellowstone National Park. Northwestern Wyoming, Including Yellowstone National Park (Government publication) . Brooks, First Across the Continent. Bancroft, Vol. XXV. Wyoming, Mowry, Marcus Whitman and the Early Days of Oregon. Parkman, The Oregon Trail. Burton, The City of the Saints, and Across the Rocky Moun- tains to California. Coutant, History of Wyoming, Vol. I. Wyoming Historical Collections, Vol. I. Wyoming, Compiled Laws 1876, Sioux and Shoshone Indian Treaties. U. S. Geological Survey Bulletins, No. 171 (for State bound- aries). Pomeroy, Constitutional Law. Story, The Constitution. Cooley, Constitutional Limitations. Journal and Debates of the Constitutional Convention of Wyo- ming. Davis, The L^uiou Pacific Eailway. McClain, Constitutional Law in U. S., Ch. XXXII. Fovman, Advanced Civics, p, 63-70. PART II THE CONSTITUTION OF WYOMING CJIAPTI^R Mil. The Formation of a Constitution. A State Constitution is a set of rules made by tlie people to regulate their government. It is the supreme law for the State. It is the highest State authority. It is a docu- ment which also gives to the different departments of the State their authority. The laws of a State consist of the Constitution and the acts of the Legislature. The courts do not make laws, but determine what the law is. If we are unable to understand what is intended by the wording of the law% the courts interpret for what purpose the law was enacted. If the laws given us were perfectly plain and absolutely capable of but one interpretation, there would be no need of lawyers or courts. It is impossible to do without the Judicial Department of Government, for no two people think exactly alike any more than two people who look at the same landscape see precisely the same objects. This difference of opinion as to the mean- ing of the law makes the legal profession a possibility and the courts a necessity. We not only make our laws, but place judges over us who shall translate where we cannot read. How did we acquire the power and authority? This first step to civil liberty dates back to the time of King John, in 1215, when a document called the Magna Charta, the Great Charter, was issued. This guaranteed to Englishmen greater liberties than before enjoyed. The kings exercised all the legislative power and gradually liberty approached serf- dom through abuses and usurpations on the part of kingly authority. This Magna Charta is one of our most precious historical documents and is the foundation of our common law. It guaranteed to the freemen no imprison- ment unless "by the lawful judgment of his peers or the law of the land." It further stated that "we will sell to no man, we will not deny to anv man either justice or Right." 68 THK OOVKH.XMKXT OF WYOMING. Charles 1 in 1629 assented to the Petition of Right which made taxation only possible by an Act of Parlia- ment, and stated that no man ccnild be imprisoned with- out due ])rocess of law. The Habeas Corpus Act was ])assed in 1679, during the reign of Charles II. This act further protected those who were unlawfully imprisoned. It demanded that the authorities permit the accused to appear in open court in person (hence the term "thou mayest have the body"), and know why he was arrested. Then came the Bill of Rights, under William and Mary in 1689. This bill car- ried with it the better security of the right of life, lil)erty and property. It provided against crviel punishment, ob- taining money for the use of the Crown without the con- sent of Parliament, the raising of a standing army in time of peace and the quartering of soldiers contrary to law, excessive bail and fines and impeachment for the freedom of speech. The Colonial people of ovir country brought with them from England the ideas embraced in these four documents and the Declaration of Independence was based upon the rights so given to them through their forefathers. These people believed that they were entitled to the same protection and privileges as were granted them before coming to this country. They believed that the mother country violated her laws when she taxed them without representation, when she arrested and tried them without due process of law, when she kept up a standing army in time of peace and when she denied them the freedom of the press. Founded on the belief of this usur- pation of rights the Declaration of Independence was written and the Revolution was fought. The rights which the Parliament and the English Gov- ernment had given to her people were retained b}- her colonists after they had severed their connection with the parent country. They waged war to establish and regain THK CONSTITUTION OF WYOMFXG. (59 the privileges contained in the sacred charters of 1215, 1629, 1679 and 1689. The doctnnent of July 4. 1776, de- claring our independence not only recites the grievances against England, but declares what the rights were as previously granted. "We hold these truths self-evident that all men are created equal, that they are endowed by their Creator with certain inalienable rights, that among them are life, liberty and the pursuit of happiness; that, to secure these rights governments are instituted among men deriving their just powers from the consent of those governed. * " * That these United Colonies are and of right ought to be free and independent States. * * * and that as free and independent States they have the full power to levy war, conclude peace, contract alliances, establish commerce and do all other acts and things which independent States may of right do." In order to obtain these inalienable rights and to exer- cise the power of free and independent States The Articles of Confederation were drawn, and were agreed to by Con- gress November ist, 1777. The document was begun in 1776, but could not be put into effect until all the States signed it, and Maryland was the last one to sign in 1781. These articles formed a compact between the thirteen States. They gave the Government new powers and established interstate relations which did not before exist. A citizen of one State enjoyed the privileges of any of the other States. The grave error in this document was that while it gave Congress the power to assess the States for money it gave no authority to collect the revenue. Power was given to Congress to make new^ law's, but no provision was made to enforce them. There was no Chief Magistrate to enforce the laws, no Judiciary to interpret them. The Government w-as no more than an advisory board, without any power of putting into action the ad- vice given. Congress w^as left at the mercy of the States. If they did not see proper to pay the amount taxed. 70 TlIK (;()VHHNMK\T OF WYOMING. thcv did not pay. There was no power to force them to action, and for this reason the Confederation failed. What the}' needed was one central Government in place of the thirteen separate ones. The States had been jealous of a central Government and limited its authority to such a dei^ree that it was powerless. The Constitution of the United States was a result of the failure of the Articles of Confederation. It was adopted in 1787 at Philadelphia after a stormy session of four months. The defects of the Articles of Confedera- tion were remedied and authority was given to Con- gress not only to enact laws, but full power to provide for their enforcement. The Constitution protected the cen- tral Government and at the same time shielded the State authorities. It established the three departments of gov- ernment, the Executive, Judicial and Legislative. This trinity of authority is the stronghold of our National and State Constitutions. There was no Bill of Rights in the original Constitution. Some of the States were afraid that this central Government created with new powers might usurp some of these fundamental rights of the people, and before they would ratify the Constitution amendments in the form of a Bill of Rights were prom- ised. After the ratification these amendments, I to X, were made. These amendments, I to X, limited and re- stricted the powers of Congress. The States were to be under the authority of the Federal Government, yet there was a desire to have limitation placed upon its power by these amendments. No chances were to be taken that State rights given by the Constitution might at a future day be wrested from them by Congressional action. The Constitution as adopted with its amend- ments and the Treaties are the supreme law of the land. If Congress passes acts that are inconsistent with the provisions set forth in the Constitution these acts are not laws, but unconstitutional enactments, and are void. T[[K CONSTITrTlON OF WVOMINC. 71 (The liuliciary decides if an act is constitutional or un- constitutional, and by the decision rendered throusi^h this court the enactment is made a law or declared uncon- stitutional. No act, however, is passed upon unless some actual case in controversy comes before the court for final determination.) The State of Wyoming was formed through the au- thority granted Congress by Article IV, Section 3, Clause 1. of the United States Constitution. "New States may be admitted into the Union by the Congress." No part of our State Constitution is, or could be, in conflict with the Federal Constitution. Wc must be governed first of all by the law contained in our National Constitution, and must formulate our State laws in harmony with its provisions. All acts of our Legislature are regulated by our State Constitution. If these acts conform to con- ditions of the State Constitution, they become laws, but if contrary to these conditions, the enactments are with- out force and are declared unconstitutional. There are written and unwritten Constitutions. Eng- land's Constitution is called unwritten because it is not embodied in any one separate document, and is largely a matter of long-established customs and precedents. Yet her Constitution may l)e found in a large degree in the written documents upon which we based our Con- stitution. The leading idea in America is that the power to change the Constitution must rest with the people. We cannot all meet in one gathering and enact laws, hence the Constitution was written delegating powers that could be used by those who represent us, but beyond the provisions of the Constitution they cannot go. If time changes conditions and the provisions of the Con- stitution no longer best meet the needs of the people amendments are made. Our State amendments can only be made through the people in the same manner in which the Constitution was adopted. 72 THl-: (JOVKRXMHXT OF WYOMI i\(J. Our Slate Constitution consists of three distinct parts: (i) The Declaration of Rii^hts, (2) The I'Vame of Gov- ernment, (3) The Schedule. There is also the Preface, or Introduction, called the Preamble, and the Postscript, or Appendix, called the (Ordinances. A Preamble is used as an introductory clause, reciting the reasons for passing the document. Preamble of the NATIONAL Constitution. We, the people of the Unit- ed States, in order to form a more perfect nnion, estab- lish justice, insure domestic tranquility, provide for the common defence, promote the general welfare and se- cure the blessings of liberty to ourselves and our posteri- ty, do ordain and establish this Constitution for The United States of America. Preamble of the WYOMING Constitution. We, tile people of tlie State of Wyomiug, grateful to God for our civil, political and religious liberties, and desir- ing to secure them to our- selves and perpetuate them to our posterity, do ordain and establish this Constitu- tion. The National Constitution established rights and liber- ties as set forth in the Preamble ; these privileges the State Constitution acknowledges as being in force, and expresses a wish to have them continued and handed down from generation to generation. The National Con- stitution was made possible only through v\^ar. The powder used in the process of obtaining our State Con- stitution was that burned at the celebration after the people at the polls had ratified the action of the Con- stitutional Convention. (T) The Declaration of Rights in our State Con- stitution contains a recital of the fundamental rights of citizens and the principles which protect their life, libert}^ and property, as given to the people by the Magna Charta and kindred charters. This statement of rights THK CONSTITUTION OF WYOMING. 73 acts as a guide for the different Departments of State in the execution of their duties. The decisions of the Judiciary are often based upon the principles contained therein and they are a valuable guide for the limitation of or exercise of Constitutional power. (2) The Frame of Government divides the power of the State into departments and delegates to ofificers repre- senting the divisions of Government their duties, their power and authority. This part of the Constitution designates how these ofificcrs shall be elected. It con- tains regulations for suffrage, for education, for public health and morals, for institutions for the unfortunate, for the industries to be carried on in the State, for the oper- ation of corporations; it defines the boundaries of our State, and provides for county organizations ; it estab- lishes a method of uniform taxation and revenues ; also accepts the grants of land donated by the Government. The miscellaneous provisions include education, arbitra- tion and labor, amendments, constitutional conventions and new constitutions. (3) The Schedule directs the action to be taken in order to pass from Territorial to State Government. It makes the territorial laws become the laws of the State. It transfers the property owned by the Territory to the State, and gives information as to the method by which the Constitution shall be submitted for acceptance or re- jection, and finally makes provision for the election of the first State officers and Legislature. The Schedule also contains directions by which the new government may be put into operation. The Ordinances declare Wyoming to be one of the States of the Union and the Federal Constitution the supreme law of the land, recognize religious liberty, dis- claim any title to the public lands within our boundaries, assume the debts contracted by the Territory, and em- power the Legislature to regulate the common-school education. 74 Till-: (!(>VP:RNMENT of WYOMING. • The Declaration of Rights is a restraint on any legis- lative action that might result in destroying any of the l)olitical freedom of the people. It is the safeguard against arbitrary power which might at some time be used by a majority in the Legislature to deprive the citi- zens of their fundamental rights — rights that have been gradually accpiired during the past centuries. As we examine the dilTerent Departments of State in this book these rights and powers will be included in their proper divisions of administration. That there may be no conflict of control or authority, the powers of the State Government are divided into three distinct and separate divisions : the Legislative, the Executive and Judicial departments. The members of the Legislature, the Governor and the chief officers of the courts, representing, these three departments, are all elected by a direct vote of the people. QUESTIONS. 1. What is a Constitutional ('onvcntiou? 2. What is a Constitution? o. What are laws'? How are they made? 4. Explain the relations to one another of the Magna Charta, the Petition of Right, the Habeas Corpus Act, the Bill of Eights, the Declaration of Independence, the Articles of Confederation, the Constitution. Which is the most important? Why? o. Why was there no Bill of Rights in the original Con- stitution? 6. What is the Supreme Law of the United States? 7. Can there be unwritten Constitutions? 8. What is an unconstitutional act? What is its power? Can you decide whether an act is unconstitutional? Why? 9. State the relation of the Judicial Department to the Legis- lative in law making. 10. How are Constitutions amended? 11. What are the different divisions of our State Constitution? Explain the purposes of these divisions. 12. In Avliat particulars do the State and the Federal Con- stitutions differ in the' preamble? TH1<: (ONSTlTrTrOX OF WYOMING. 75 REFERENCES. Jameson, Constitutional Convciitious, Cli. I. Fiske, Civil Government in the Unitetl States, Ch. VIT. Story, The Constitution, II, Ch. XXXVIII. .lames and Sanford, Government in the State and Nation, Ch. XII. McClain, Constitutional Law iu U. S., Ch. I, and II. Moses, Government in the U. S., Ch. III. Forman, Advanced Civics, Ch. XII, Cooley, Principles of Constitutional Law, Ch. I, and Con- stitutional Limitations, Ch. XVI. Hart, Actual Government, Sec. 28. Ashley, The American Federal Government, pp. 10, 317-319, Ch. XVIII. Hill, Liberty Documents, Ch. II, VI, A^II, IX, XIV, XV, XVII (particularly helpful for copies of original documents). Examine carefully the Constitution of Wyoming and the Pro- ceedings of the Constitutional Convention. CHAPTER IX. The Legislative Department. Our Constitution, in common with most of the State Constitntions, legislates and contains administrative regulations, in order to restrict the powers of the de- partments and put limitation upon their authority. The Legislature has power to enact the ordinary stat- ute law, deriving always its power from the people through the Constitution. Except as the Constitution directs, no department can exercise the powers of the other departments. (Art. II, Sec. I.*) The regular sessions of the Legislature are limited to forty days. (Art. Ill, Sec. 6, CI. 2.) Bills can only be passed in the manner as the people through the Constitution have directed. (Art. Ill, Sec. 20-28.) The Legislative Department is composed of a Senate and a House of Representatives, and is called "The Legis- lature of the State of Wyoming." The Senators are elected for a term of four (4) years and the Repre- sentatives are elected for two (2) years. At present, 1907, our Legislature is composed of twenty-seven (27) Senators and fifty-six (56) Representatives. (S. L. 1907, Ch. 69.)** The number of Senators and Representatives that the State may have in the Legislature is regulated by the number of inhabitants contained in the respective dis- tricts. For convenience each county is called a sena- torial and representative district. There are thirteen ♦This refers to our State constitution, the text appearing as Ap- pendix A in this boolt, and means Article II, Section 1 of same. It will greatly assist the student if the constitutional references are al- ways read. **Wyoming Session Laws for 1907. R. S. refers to our State Re- vised Statutes for 1899. Tin: CONSTITUTION OF WYOMING. 77 of these districts, sending to the Legislature as many members as are designated in the following list: Albany County Big Horn County Carbon County Converse County Crook County Fremont County Johnson Count}' Laramie County Natrona County Sheridan County Sweetwater County Uinta County. Weston County 27 56 The restrictions placed upon the apportionment of members of the Legislature are: (i) Each county shall have at least one Senator and one Representative, regard- less of the number of inhabitants ; (2) At no time shall the House of Representatives contain a number of mem- bers which shall be less than twice as many as are in the Senate, nor a greater number than three times those of the Senate. (Art. HL Sec. 3, CI. 3.) As there are now twenty-seven Senators, there must be at least fifty-four Representatives, and there might have been as many as eighty-one had the Legislature (1907) so desired. This limitation is necessary in order to preserve a balance of power between the two houses and not give undue author- ity to cither one. The Senate is often designated as the "Upper House" and the House of Representatives as the "Lower House." Repre- Senators. sentatives 3 5 2 5 3 6 I 2 1 3 I 3 I 2 4 10 I I 3 5 2 4 4 7 I 3 78 Till'] (lOVERNMHNT OF WYOMING. A person eligible to the Legislature must be a citizen of the United States and a resident of Wyoming; he must have lived in the county from which he is elected at least one year previous to his election. Senators must be at least twenty-five years of age and Re])resentatives twenty- one years. The desire to have the Legislature composed of two classes of members has made this requirement in the difference of age. Experience and mature judgment are supposed to come with age, and a much older class of men is always found in our Senates. The members are looked upon as more conservative in the formation of laws, and act as a check on the more radical measures adopted by the House of Representatives. All of the members of the House of Representatives are elected every two -years, but only one-half of the Senate is so elected, the other half serving a second term, and in this way the Legislature is never composed entirely of new members. When a vacancy occurs in the Legislature by death or removal from the State or an}- other cause, the Governor does not have the power to appoint some one else to take the place, as he does in case of vacancies occurring in many of the State ofBces. The matter is submitted to the people by special election, who re-elect a member from the district having the vacancy. The Constitution prohibits the Legislature as to its acts in as great a degree as it directs them what to do. The lav/s of "Thou shalt not" of the Constitution equal the commands to do. This is a wise regulation, because it is easier to foresee where injuries and injustice may be done than it is to anticipate all the needs for the good of a commonwealth. Restriction upon Legislation. — Section 27, Article HL forbids the Legislature to enact local or special laws in seventy-eight different cases. These cases are all enu- merated and cannot be subject to special or local laws to TKK CONSTITUTION OF WYOMING. 7'i govern them. Laws must be general in their nature in (irdcr to be valid and have force, and in order to avoid class legislation. Legislators Prohibited. — No foreigner or non-resident of the State or person inuler twenty-one years of age can l)e a member of the Legislature. (Art. Ill, Sec. 2.) Compensation for services must not exceed a certain amount, fixed by a preceding Legislature ; at present it is fixed at eight dollars a day and ten cents mileage. (S. L. 1907, (Hi. loi.) Regular sessions cannot extend beyond forty days. (Art. IIL Sees. 6 and 9: R. S. 1899, Sec. 34.) No moneys can be paid out of the State treasur}^ to employees of the Legislature not ap- pointed according to law. (Sec. 29.) No member can vote on a bill in which he has a private inter- est (Sec. 46) ; nor can he have an interest in a con- tract furnishing supplies for the use of the Legislative Assembly (Sec. 31) ; and he cannot occupy any civil office (except a notary public or officer of the State militia) or be a member of Congress while acting in his legislative capacity. (vSec. 8.) A member expelled for corruption cannot again serve as a lawmaker. (Sec. 12.) Neither House can adjourn sine die or finally adjourn without the consent of the other. (Sec. 15.) No bill granting extra compensation after services ha\e been rendered can be passed (Sec. 30) ; and no bill can be so changed when passing from one House to the. other so as to alter its original purpose (Sec. 20) ; except for the expenses of the government of the State, no bill can be introduced carrying with it an expenditure of mcneA' within five da3's of the close of the session, unless bv unanimous consent. (Sec. 22.) Bills embracing more than one subject, except relating to the classification and revision of laws and the general appropriation bills, can- not be passed. Each bill must be clearh^ expressed by its title. (Sec. 24.) If a law is amended in anv wav. it 80 TilK CJOVlOliNMKNT ()]'' WYOMING. cannot be changed by reference to Uie title only, but the amended portion must be re-enacted and i)rinted in full (Sec. 26) ; and no bill can become a law except it is first referred to a connnittee and put in printed form for legis- lative consideration, and then passed by a majority vote of each House, and the action taken by each member in voting must be made of record. (Sees. 23 and 25.) No power can be given to private individuals to regulate municipal affairs. (Sec. t,/.) Contracts cannot be im- paired nor ex post facto laws be made. (Dec. of R., Sec. 35.) The Legislature cannot remove the seat of govern- ment of a county, nor divide a county in making Repre- sentative districts, or form a new county without com- plying with the State requirements. (Art. XTI, Sees. 2 and 3 ; Art. Ill, Apport., Sec. 3.) These restrictions placed upon the Legislature relate largely to financial questions and the guarding against local or private interests in introduction of bills which may become a law. Legislators Empowered. — The Legislature meets the second Tuesda}'^ in January every odd numbered year. (Art. Ill, Sec. 7.) Each House acts as a judge of the c[ualifications of its members to take their places as legis- lators, and determines the rules governing its proceed- ings. The Senate elects a President as a presiding offi- cer, and the House of Representatives elects a Speaker, each of whom must be a member of the house he repre- sents. (Sees. 10 and 12.) A majority of the members of each house constitutes a quorum and elects all the legis- lative officers. (Sees. 10 and 12.) Legislators are ex- empt from arrest while attending sessions, except for breach of peace, treason and violation of their oath of office. (Sec. 16.) All the proceedings of each house must be made of written record, open to the public, except as necessity may demand secrecy. The sessions are open to the public unless there may be some special reason THK CO.NSTlTrTloX OP WVO.MiXC. J< | which requires a private meetiiii;". (Sees. 13 and 14.) All bills and joint resolutions are si.e^ned in open session by the President oi the Senate and Speaker of the House of Representatives, and the fact that they were so signed is entered upon the journal of each house. (Sec. 28.) The Legislature provides for the regulations of corporations (Art. X. Sees. 1 and 10; Art. XIII. Sec. 3) and for courts of arbitration to settle controversies between laborers and their eniploA-ers. Aliens cannot be employed in connec- tion with any State, count}- or municipal works. (Art. XIX. Labor.'Sec. i.) If two candidates for ( Governor of the State receive at a general election an ecjual number of votes, the Legislature at a joint session elects by ballot one of these candidates to fill the position. (Art. IV, Sec. 3.) The Legislature has the right to organize new counties and provide for township organization (Art. XII, Sees. 2, 3 and 4). and direct the manner of taking the State census every tenth year after 1895 ; the number of inhabitants so recorded is used as the basis for the apportionment of State Senators and Representatives. (Art. Ill, Apport., Sees. 2 and 3.) The Constitution is amended, revised or a new one adopted by direction of the Legislature, but no Constitu- tion, amendment or revision is valid unless voted upon by the people of the State. (Art. XX.) An amendment to the Constitution is proposed by either branch of the Legislature, and if passed by tw^o- thirds of both houses the amendment is submitted to the electors of the State at the next general election, and if a majority of the electors ratify the proposed amendment it becomes a part of the Constitution. Constitutional conventions are called in the same w^ay. Only twice in our history has a Constitutional amendment been sub- mitted to the people. (Art. XX. Sec. i.) They failed to pass for lack of the requisite number of votes. S2 'i '!!!•: (;()VKII.\M!-:.\T Ol'^ \VV()MlN(i. .\t tlic rct^'ular election in the fall of 1890, Article XVI of the Constitution relating to the selling of county bonds to refund indebtedness was voted upon for amendment. Tlie total number of votes cast at the election was 25,429, and of this number only 7,605 people voted on the amend- ment. There were 5.435 votes for the amendment and 2,170 against it. In order to have adopted the amend- ment it would have been necessary to have at least a ma- jority of the 25,429 votes, or 12,730 votes, in favor of the amendment. The Seventh State Legislature of 1903 by a joint resolution proposed the amendment of the Con- stitution so far as relates to Article V, Section 17, in refer- ence to salaries of Judges of the Supreme and District Courts. This question was voted upon by the people at the regular election in November, 1904, and was de- feated by a large majority. y\t present each Judge of both courts receives a salary of three thousand dollars annualh'. Election and contest cases not provided for in the Constitution are arranged for by the Legislature (Art. VI, Elections, Sees. i. 2 and 6), as are the deputy officers (Art. XIV, Sec. 4), as are also laws for the protection of live stock from infectious diseases, the provision for public health and morals, the equipment of a State militia, and the establishment and maintenance of public schools and free education. (Art. XIX, Sec. i ; Art. VII, Sec. 20; Art. XVII, Sec. 2; Art. VII, Sec. i, and Ord., Sec. 5.) The Legislature in joint session elects the tvv^o United States Senators. The person receiving the majority of all of the votes cast is declared the Senator. His term is for six years and his salary is paid by the United States. (Salary, $7500 a year.) The President of the State Sen- ate and Speaker of the House and the Governor and Secretary of State all sign his certificate of election. (Seed., Sec. 13.) Till-; coxsTiTrTiox OF ^v^'()MI^■(;. s:-, QUESTIONS. 1. What arc the two branches of the Legislature? 2. How many senators and representatives have yoa from your county'? Name them. ;^. Why has Wyoming only thirteen senatorial and represen- tative districts? 4. What is the limitation of representation in our State legislature ? 5. Can an alien be a member of our legislature'? 6. What restriction>s are put upon legislative enactments? What is an euactmentf How does it. differ from a law"? 7. Enumerate the powers of the legislature. S. What action can the legislature take about proposed con- stitutional amendments? 10. Who elects a United States Senator? Who are the United States Senators from this State? 11. Name some important laws enacted by the last legis- lature. 12. Compare the class of men elected to a Constitutional Convention and those elected to a legislature. 13. What are the arguments in favor of selecting U. S. Sena- tors by popular vote? 14. Why is this question receiving particular attention at the present time? REFERENCES. Bryce, The American Commonwealth, I Ch. XL. Ashley, The American Federal State, Sees. 417-429. Hart, Actual Government, Ch. VII. Roosevelt, "Phases of State Legislature" (American Ideals). Cooky, Constitutional La.w, Ch. XVIII. James and Sanford, Ch. II. Hinsdale, American Government, Ch. LI. Wilson, The State, Sees. 1126-1208. Cooley, Constitutional Limitations, Ch. V and VI. Smith, Training for Citizenship, Ch. IX and XXX. McClaiu, Constitutional Law in U. S., Ch. V and VIII. Moses, Government in the U. S., Ch. IV and XI. Forman, Advanced CivicM I. \T;. S.l cause, and it may be sickness or absence from the State. (Sec. 6.) If the Secretary of State could not act as Gov- ernor for any of the reasons enumerated in reference to the Governor, the President of the last Senate takes the office ; if he is not able to serve, the next in order of suc- cession as .\cting Governor is the Speaker of the House of Representatives ; if he cannot act. then the State Audit- or, and if he is unqualified for the position, the State Treasurer takes the place until the disability of the Gover- nor is removed or a Governor shall be elected. (R. S. 1899, Sec. 50.) If an election has to be held, the vacancy is filled for the unexpired term of the Governor and not for the full term of four years. Should a Governor die or resign after being in office but a few months, the Secre- tary of State would act as the Governor until the next legislative election, which would be in less than two years, and a Governor would then be elected by the people to serve only two years and thus complete the four years' term of office. As necessity may demand, the Governor has the power to call extra sessions of the Legislature. A legislative assembly might adjourn believing it had com- pleted all its duties, when it w'ould discover that some important measure necessary for the successful manage- ment of the State affairs had been overlooked, then the Governor has the power to call the members together and additional laws can be enacted. There might be an ex- traordinary occasion requiring additional legislation, when the Governor can convene the Legislature. Calam- ities sometimes happen to a State, such as fires, floods, or epidemics, and immediate aid is needed, so as to relieve the distressed, and then an extra session of the Legis- lature is called by the Governor, and appropriations are made to meet these needs. The Governor is Command- er-in-Chief of all the forces of the State, and can call out ihe militia to suppress riots, preserve the peace or exe- cute the laws of the State. (Art. IV, Sec. 4; Art. XVII, s(i rii!-: (iOVKRNMi;.\"r of wvomi.xu. Sec. 5. ) W'liile the Governor cannot dictate to the Legis- lature what laws it shall enact, he is directed to recom- niciid to that bod}' in a message which is read in i>er- ^:()n, measures that he believes to be of vital importance fc-r the welfare of the State, and the Legislature is to a large degree goxerned by these recommendations. All measures acted upon by the Legislature are left to the Go\'ernor for him to see that they are faithfully exe- cuted. (Art. 1\\ Sec. 4.) Every bill, order or resolu- tion, excepting those affecting the business proceedings of the Legislature passed by both houses, must receive the Governor's signature before it can take effect. If the Governor does not approve of the bill, he states his ob- jections in writing and returns the bill without his signa- ture. This is called the veto power. The bill is then returned to the house in which it originated. If two- thirds of the members agree to pass the bill "over the veto," it is sent to the other house, and if . two-thirds of the members of that house concur, the bill beccjmes a law without the Governor's approval. A bill may also become a law without the Governor's signature if he does not return it to the Legislature within three days after it is given to him for his con- sideration, Sundays excepted. If the Legislature should adjourn vvithin three days after a bill is sent to the Gov- ernor, and thus not give him the lawful time to consider it. the bill would become a law, unless within fifteen days after the adjournment he should file his objections with the Secretary of State. This act would kill the bill. (Art. III. Sec. 41 ; Art. IV, Sec. 8.) The executive veto can be used in an appropriation bill when he can reject such items of the bills as he may not approve. This does not affect the entire bill, but only the part disap- proved. (Art. IV, Sec. 9.) The Governor has the right to make appointments and fill vacancies in all offices where there is no law providing for the selection. Great Till-: COXSTITrTlOX OF \VV():NriNt:. 87 intluence and autliority are vested in the Governor, and in his power to appoint many of the State officers who are not elected by the people. This appointive power is a wise provision in the administration of affairs of the State. The Governor is commanded to see that the laws are faithfully executed. If all the offices of tru.^t in the State were occupied by those who were not in sympathy with the Governor's ideas as to what constituted the best gov- ernment for the State, and if he were powerless to make the removals, there would be danger of constant friction of authority and a working at "cross-purposes." If the Executive is to be made responsible for good govern- ment, he must have the power to put into authority those who would enable him to "faithfully execute" the law. The most prominent State offices are filled by persons elected by the people, and the duties of the officers are defined by the Constitution and the legislative enact- ments. There are. howe\er, many officers who obtain their positions through appointive power. These posi- tions are filled during the session of the Legislature. All of the appointments made b}' the Governor must be con- firmed l)y the Senate, with the exception of the vacancies occurring when the Legislature is not in session. The Senate votes upon the Governor's choice. If not en- dorsed by a majority vote the appointment is void, and a new selection is made to receive the legislative approval. This is one of the checks on the executive autliority, and places some of the responsibility of good government upon the people themseh'es who have sent their constit- uents to the Senate to represent them in the making of the rules and regulations of our g(3^'ernment. The Gov- ernor appoints the State Examiner, Engineer, Librarian, Geoiogist, Attorney General, Inspectors of Coal Mines, Veterinarian, Superintendent of Fish Hatcheries, Game Wardens and all members of the State Board of Health Horticulture, Humane Society and Water Control, Com- S8 'I'llK (JOVEKNMl'lXT OF W VOM I Xd. missioners for Stock, Pharmacy, Pure Food and Public Lands, Medical and Dental Examiners, Trustees for the institutions for higher education and the Historical Soci- ety. Should a vacancy occur in any (;f these ofiices after the Legislature adjourns, the (Jovernor has the power to fill a vacancy until- the meeting of the next Legislature. The (governor is President of the State I'oard of Charities and Reforms. 'J'his JKiard has general su]jervision and control of all charitable, reformatory and penal institu- tions of the State, including the insane as3'lum, ])eniten- tiary, deaf, (hinib and blind asylum, general hospital, .Soldiers' Home and all of the county jails of the vState. (R. S. 1899, Sec. 633.) Except for treason and impeachment, the Governor can grant pardons to those who have been convicted by the courts, or he can substitute a less punishment than had been pronounced for a crime. If a criminal has been sentenced to be hanged, the Governor has the power to change the punishment to imprisonment for life, or abso- lutely pardon the offender ; he can also grant reprieves, which temporarily suspend the execution of a sentence. He can remit or release fines and restore property which the courts have taken from the accused, call forfeitures. For conviction for treason the Governor can suspend the execution of the sentence and submit the case to the next Legislature. At each session of the Legislature he must make a statement of all the remissions of fines, reprieves, communtations or pardons granted by him and his rea- sons for doing the same. (Art. IV", Sec. 5.) Restora- tion of citizenship to one who has served a term in the penitentiary for crime can be given b}'- the Governor. (R. S. 1899, Sec. 5462; S. L. 1905, Ch. 18.) QUESTIONS. 1. Why is the Governor of the State called the executive? Who is called the Chief Executive of the United States? 2. Docs the Governor have more power than the legislature! Why? TIIK ( OXSTITHTIOX OF WVOMING. 89 '.i. Who is the prcsout Covoiuor? What are his powers? What are his legislative powers? 4. AVhat officials can become acting Governor? f). What is a veto power? llow is it overcome? Why should a Governor liave this power? 6. What State officer has the Governor aj)pointe(l in your county? 7. Are there more 8tji1e ollicers elected by the people than apj)ointcd by the Governor.' 5. What is a i>;irdoii antl who has j)ower to grant it? 9. Explain tlie term "restoration of citizenship." 10. Who were the candidates at the last gubernatorial election? When was it held? When does the next election take place? SEFERENCES. Schouler, Constitutional Studies, pp. 267, 282. Roosevelt, American Ideals, No. VIIT. Hart, Actual Government, Ch. VIIT. Fiske, Civil Government in the United States, Ch. VI. Bluntschli, Theory of the State, Part III, Ch. VII. Hinsdale, American Government, Ch. LTI. Wilson, The State, Sees. 1 126-1 20S. Ashley, The American Federal State, Ch. XVIII. Bryce, .The American Commonwealth, I, Ch. XLI, p. 473. Smith, Training for Citizenship, Ch. VIII and XXVIII. McClain, Constitutional Law in U. S., Ch. VI and XIX. Moses, Constitution of the U. S., Ch. VI. Forman, Advanced Civics, Ch. XIX and XXTII. en AT^TER XT. The Judicial Department. Cedant Arma Togae/"' The Governor's first duty is to see that the laws of the State as contained in the Constitution and as made by the Legislatin-e are executed and enforced. That these laws may be uniformly administered and authoritatively construed, the third department of the State, the Judf- ciary, is formed. The judicial l^ranch of the government interprets the meaning of the laws, and applies it to cases in con- troversy. The laws are made by tlie Legislature and applied by the judiciary. The Judicial Department of the State consists of the Senate, which acts as the Court of Impeachment (Art. Ill, Sec. 17), a Supreme Court, district courts, Justices of the Peace, courts of arbitration and municipal courts. (Art. V. Sec. i.) The Supreme Court consists of three Justices with a term of ofilice of eight years, each receiving a salary of three thousand dollars per annum. Judges of the Su- preme Court during territorial go\'ernment v.'ere ap- pointed by the President of the United States. After the first State election the three judges all served for a dift'erent length of time, one for four, another for six and the third for eight years. This arrangement was made in order to avoid having the term of office of the entire court expire at the same time. It is necessary that this court be continuous and that a majority, or two, of the Judges serve for at least two years before *This was Vl'^yoming's territorial motto ami appeared on the terri- torial seal. "Let arms yield to the gown," or. "Let military authority give way to the civil power." The great seal of the State bears the wording "Equal Rights." and the seal of the T'niversity has for its motto "Equality." THE CONSTITUTION OF WVO.MiXC. 91 a new incinbcr is elected. In this way there are always sonic judges on the bench who arc familiar with the regulations of their court. The Judge having the short- est term to serve, provided he has not been appointed, is the Chief Justice, and presides at all terms of court. If a vacancy occurs in the office of the Supreme Court, the Governor has the power to appoint a Justice to hold the office until the next election and until his suc- cessor (pialifies for office. (Art. V, Sec. 4.) Unless one he learned in law he is not eligible to the position of Jus- tice of the Supreme Court. This ])rovision is absolutely necessary in order to obtain "Justice and Equity" under the law. Knowledge of the construction and require- ments of the laws must be had in order to enable the Justice to declare what was the original intent of the laws when enacted or as contained in Constitutional pro- \-isions. The Justice must have practiced law for a: least nine years and have resided in Wyoming for three years, be thirty years or more of age and a citizen of the United States. (Art. V, Sec. 8.) No Judge can practice as an attorney in any of the courts of the State or serve as a counsellor at law (Sec. 25, R. S. 1899, Sec. 3293) ; nor can he hold any other office, elective or appointive, during his term of office. (Sec. 2/.) This court must meet at least twice a year, on the first Mondays of April and October. (Sec. 7, S. L. 1905, Ch. 4.) A majority of the court is necessary to constitute a quorum and transact business. (Sec. 5, R. S., Sec. 3284.) The Judges can exercise only judicial duties. ('Sec. 16.) The clerk of the Supreme Court, who is also court stenographer, is appointed by the Justices. (Sec. 9, R. S., Sec. 3393.) This court aj)- points the State. Board of Law Examiners, wdiose duty it is to examine and recommend applicants for admission to the ISar. (R. S., Sec. 3305.) The Supreme Court has Dower to decide if a law is constitutional. That is. 92 'I'lIK (;()VKH.\MK.\'r OF WVOMlNCi. it has the i>o\ver to judge if an enactment violates any of the ])rovisions of the Constitution. A law cannot be unconstitutional. 'Vhv fact that the enactment is un- constitutional makes it impossible to be a law. The supreme law of the land is the Constitution of the United States, and Wyoming is an inseparable part of this Fed- eral Union. (Dec. R., Sec. 37.) The Su])reme Court bases many of its decisions as to constitutionality upon the Declaration of Rights as found in our State Con- stitution. It is the foundation or fundamental principle of our State law. All general laws have a uniform oper- ation. The Supreme Court has general superintending control over the inferior courts and appellate jurisdic- tion in both civil and criminal causes. Jurisdiction is the right which a court has to try a case, hence the jurisdiction of a court is its power, or authority to determine controversies. Original jurisdiction refers to the court where the case may first be commenced, or deals with a case in con- trovers}' from its beginning. Appellate jurisdiction is where a court may review a case which has been tried by a lower court and is taken to this higher court on appeal. The decisions of the lower court ma}- be sustained or reversed. Concurrent jurisdiction is where a party may bring suit in either of two or more courts. The Supreme Court can hear cases in civil action, where the rights of individuals as private persons are involved, and in criminal action,* where the State is con- cerned, provided that they are brought to this court from another court. This is by an appeal. (Art. V, Sec. 5.) The Supreme Court has original jurisdiction (this power to decide a case when brought to it directh- and not on appeal from another court), in quo warranto and *See page HO THE OOXSTITUTTON OF Wi'OMlXG. 93 mandamus as to all State officers. The first is an action brought against an official, asking "by what authority" he holds his office, and the mandamus is an action to compel the officer to discharge the duties which have been intrusted to him. This court also has the original jurisdiction in habeas corpus, where a person detained by law is brought before the court to decide if he has legally been deprived of his liberty. This court has also authority to issue all writs, writings or mandates commanding things to be done, necessary to execute its judicial duties. (Sec. 3.) District Judges. — The Constitution made provision for three district courts (Sec. 20), and the Legislature of 1897 created the fourth district. (R. S. 1899, Sec. 3295.) These are known as judicial districts one, two, three and four. The first district is composed of Laramie and Converse counties ; the second of Albany, Natrona and Fremont ; the third of Carbon, Sweetwater and Uinta, and the fourth, the last one, is formed from Johnson, Sheridan, Crook, Weston and Big Horn. The Judges presiding over these courts are known as District Judges, and are elected by the people of each judicial district for a term of six years, with a salary of three thousand dollars per annum. (vSec. 19, R. S., Sec. 341 1.) The Constitution left the matter of compensation for the Judges of the Supreme and district courts to be regu- lated by the Legislature. Each judge holds court in all of the counties em- braced in his district at least twice a year. (R. S., Sec. 3296; S. L. 1901, Chs. 6, 99; S. L. 1903, Ch. 55.) The requirement for eligibility of Judges in this court are: that the applicant must be learned in law, a citizen of the -L-nited States, a resident of the State for two years and at least twenty-eight years of age. A Judge of the Supreme Court must be older, have practiced law longer, and lived in the State for a greater period than THK tO.NWTITUTTOX OF WYOMkXU. 95 the district Judge. The Supreme Court is the last court to decide on a legal question, and the greatest accuracy ni the knowledge of law is required; longer years of -experience are a safeguard, and a greater familiarity with our State laws is acquired by a longer residence within our borders. Appeals are taken directly from the dis- trict court to the Supreme Court, where the decisions which the lower court has given are either sustained or reversed by this higher court. A district judge may serve as a Supreme Judge when one of the judges of the Supreme Court is interested in a case brought before this court. In this case the two remaining Judges select one of the district judges to act in the place of the absent Judge. (Sec. 6. ) The district courts naturalize, or make citizens, of aliens. An alien is a foreigner, or one born out of the jurisdiction of the United States. A natural- ized citizen is one who, although born in another coun- try, is adopted by the United States. A citizen is one who owes perpetual allegiance to the State in which he resides. These district courts issue papers to the newly made citizens, and for the sworn allegiance give them the rights and protections of the native-born citi- zen. One of foreign birth before he can become naturalized must have resided in the United States at least five years and have declared in a district court his intention to become a citizen at least two years before he takes out his final papers. (R. S. U. S. 1878, Ti. XXX.) Cases brought from inferior courts, such as that of the Justices of the Peace, can be appealed to the district court. The district court has original jurisdiction ; that is, a case can have its first hearing before it, in all cases not given by law to other courts, and all cases in matters of law and equity, criminal cases and matters of probate and insolvency. (Art. V, Sec. 10.) When a case is tried before a judge and jury it is a 96 TIIK UOVKK'XMKNT OF \VV()MIX(i. case at law. When a case is tried before a judge only it is a case in equity. Cases of law and equity are those of a personal nature attectijig" one's rights, and criminal cases are those con— cerning' the State, where an injur}- is done to the puljlic by an act forbidden by the State. Cases of probate relate tc^ estates left by those deceased, and cases in insolvency are those in which parties are not able to meet their debts and are l)ankruj)t. This court has also the power to issue writs as in cases granted to the Su- preme Court. (Sec. lo.) Each Judge has a clerk in all of the counties in which he holds court (Sec. 13) and he also has a court stenographer. The clerk is elected b}^ the people, but the stenographer is appointed by the Judge. The salar}'^ of the stenographer is one thousand dollars per j'-ear, and he serves the Judge in all the counties of that district. (S. L. 1903, Ch. 29.) If for any reason a Judge cannot hold court, he may request one of the other Judges to perform his duties. (Sec. 11.) (See Attorney General and County and Prosecuting Attorney in Part III, Ch. XXI, offices created by the Legislature.) Court Commissioners. — Judges of the district court ma}'- appoint commissioners having authority to make in their absence any order which a district Judge may do when not sitting in open court. They can administer oaths or take depositions and evidence. Justices of the Peace. — The board of county commis- sioners for each county establishes precincts in which Justices of the Peace preside when the punishment pre- scribed by law does not exceed a fine of $100 and im- prisonment for six months in the county jail, subject to an appeal to the district court. Where the punish- ment exceeds such limitations, the Justice of the Peace oits as an examining magistrate and binds the accused to appear in the district court for trial, if there is prob- TilK CONtSTlTi'TlOX OF WVO.MlN^i. 97 able cause lo believe him j^nilt}-. and if not. he (iischarges him from custody. These Justices are elected by the people within their respective precincts. (Sec. 22, R. S., Sec. 4316.) Their term of office is for two years. They have authority and jurisdiction in civil actions where the amount in controversy does not exceed two hundred dollars. In these cases they have concurrent jurisdic- tion with the district court. They may administer oaths ; take acknowledg-ments of writings ; perform mar- riage ceremonies ; issue subpoenas for witnesses : compel witnesses to appear in their courts ; issue attachments and executions on judgments and hear and determine cases of misdemeanor. (Art. V, Sec. 22, R. S., Sees. 4323, 4320.) In no case can a Justice of the Peace have authority over action involving titles to real estate or boundaries of same. (Sec. 22. R. S.. 4324.) Appeals from this court may be taken to the district court of the county in which the precincts are located. (Art. V, Sec. 23. R. S., 4397.) No appeal is allowed where the matter in controversy is less than five dollars. (R. S., 4406.) Boards of Arbitration. — That there might be a pro- tection through law to the rights of labor and that the laborer may receive jjroper reward for his service pro- vision was made for legislative enactment on this sub- ject. (Dec. R.. Sec. 22.) The Legislature was empow- ered to provide for a board of arbitration, to which the laborer might voluntarily submit his claims. (Art. XIX, r)oard of Arbitration, Sec. i.) The Legislature of 1901 authorized the Governor to appoint an arbitration com- mission. This commission of three members was ap- pointed and directed to draft a bill for the constitution of a board of arbitration and report to the Legislature in 1903. This commission, composed of two representa- tives of labor and one of capital, failed to make any re- port other than one to the (jovernor. which was to the effect that the labor represen.tation and labor organiza- tions did not care for the enactment of such a lavv-. <)S Tlli-: (iON'liK'XMKX'r OF \VV().MI\(J. The law as administered by these several courts has its fonndatioii in the Declaration of Rights. No enact- ment of the I.ejT^islature or decision of the courts can de- prive one of any of these j^rotections and privileges granted in the declaration. Read carefully this portion of the Constitution. The freedom \vc enjoy to-day is em- bodied in Article I. and the privileges as set forth therein were granted through the results of the Revolutionary War. Life, liberty and i)r()perty are made safe by it and cannot be taken from us without due process of law. Equality is established, the right of habeas corpus is given and the right is granted to defend ourselves by counsel in open court when accused. No person can be tried and sentenced twice for the same crime. Security is obtained from unreasonable search of one's person or house and effects. The penal code, or the law govern- ing punishment of crime, is based on principles of re- formation an.d prevention rather than on inhumane treat- ment. The people are allowed the right to petition the authorities for measures needed for their common good and free speech is not denied. The legislative, executive, and judicial departments are organized and empowered in order that the provisions of the Constitution may be put in force. Special and distinct duties are assigned to each of these three departments. At times, however, these powers are interchangeable. The Senate exercises executive functions when it approves or disapproves of the appointments made by the Governor; the Senate also exercises judicial functions when it sits as a court to try cases of impeachment. The Governor exercises legis- lative power when he vetoes a bill. QUESTIONS. 1. What is the chief duty of the Justices of the Supreme Court of the State? 2. Compare the District Court with the Supreme Court. What Judicial District do you live in? Who are the Supreme and the District Judges from your county? Which officer of these two courts serves the longer term? THE CO]V8TlTUTJON OF WYOMING. 99 3. Has ail attempt ever lieeii made to make a constitutional amendment in reference to the Judges of the Supreme Court? Give reason for your answer. 4. What are the advantages of electing a judge for a long term rather than having one appointed for a short term? 5. What is the meaning of the term Jurisdiction? 6. What is naturalization and how is it accomplished? 7. What are the duties of a Justice of the Peace? 8. W^ho is the Justice of the Peace in your locality? 9. What are his duties? 10. Define arbitration. Why is it of benefit? REFERENCES. Hinsdale, The American Government, C'h. LIII. Bryce, The American Commonwealth, I, Ch. XLII, p. 480. Hart, Actual Government, Ch. IX, p. 151. Cooley, Constitutional History, Ch. V. Tosqueville, Democracy in America, T, Chs. VI, VII. Sehouler, Constitutional Studies, Ch. VII, p. 283. Wilson, The State, Sees. 1147-1173. Smith, Training for Citizenship, Ch. XXXI and XXXVII. McClain, Constitutional Law in U. S., Ch. VII and XXIV. Moses, Constitution of the U. S., Ch. VII and p. 351-354. Forman, Advanced Civics, Ch. XX, XXI and XXIV. CHAPTER XII. Religion, Education and Franchise. The vState cannot appropriate any money for a religious or sectarian society or institution. (Dec. R., Sec. 19.) The Legislature is prohibited from making an appropria- tion for denominational or sectarian institutions. (Art. Ill, Sec. 36.) No portion of the public school fund shall ever be diverted to support an institution of learning controlled by any religious organization. (Art. VII., Sec. 8.) Religious liberty is secured by our State Con- stitution and "no one shall ever be troubled or injured in person or property on account of religious worship." (Ord., Sec. 2.) No religious test can be made in refer- ence to the schools controlled by the State, nor shall attendance be required at any religious services. (Art. VII., Sec. 12.) The free exercise of religious worship shall forever be granted and no one can be prevented from filling an of^ce of trust on account of his religious belief. (Dec. R., Sec. 18.) No instruction in religion of a denominational character is allowed in the State Uni- versity or a sectarian test made in the selection of trust- ees or instructors or admission of students. (R. S., Sec. 491.) That there might be no misunderstanding as to the attitude of the members of the Constitutional Con- vention towards religious services in the State the ex- pert testimony of the President of this Convention was asked for on this subject, and his interpretation Avas a? follows: "The aim and object (of the Convention) was to establish religious freedom and equality and so prohitit legislation that would give controlling power to any sect. Means for the support of the public school sys- tem is contributed in like proportion by all people of the State, no matter what their religious belief or peculiari- ties. Entirely just, then, this section of our Constitu- tion that prohibits the use of public funds, generally con- H >*■ I M m (n H > H m 5 ,-^ c M 'i 2 9 2 < ' m aj CO ij H •< 13 ? O ■n s- ^ E 01 2. ~ " t SB. < o ^ o s ^ Wi o £ z o , THE CONSTITUTION OF WYOMTNC;. 103 tributed alike by all, from being used to aid any par- ticular sect or denomination; but it will be observed that this section contains one other peculiar provision which reads as follows : 'Nor shall attendance be required at an)' religious service therein.' Thus it is manifested that our Constitution-makers intended that there should be some religious service in the schools of the State, but that no pupil should be required or compelled to attend or take part in these religious exercises. The parents can re- quire their attendance at these religious services, or they can direct their children not to attend these services. "It is believed that the great mass of the people of our State desire some religious training in the schools of our State. The Constitution-makers, therefore, believed it wise in the interest of good morals and the good order of society, to promote religious exercises in our schools that would be acceptable to the great mass of our people, but leaving it optional with the parents to restrict their children in attendance if they chose. This is believed to be the fair meaning and construction to the latter sec- tion." (Dec. R., Sec. i8.) Education. — The general supervision of the public schools is entrusted to the Superintendent of Public In- struction. (Art. VII., Sec. 14.) Opportunities for edu- cation are considered one of the rights of citizens and the Legislature is empowered to make provision to ad- vance all educational interests. (Dec. R., Sec. 23.) No distinction is made in the schools as to race, color or sex. (Art. VII., Sec. 10.) Neither the Superintendent nor the Legislature can prescribe the text-books to be used in the schools. (Sec. 11.) Wyoming has a system of free text-books in all the schools. (S. L. 1901, Ch. 38.) Free education is given by the State to all children be- tween the ages of six and twenty-one years. The Con- stitution provided that children must attend at least three years while they are between the ages of six and 104 TIIK GOVERNMENT OF WYOMING. eighteen. (Art. VII., Sec. 9.) The Legislative enact- ment made education compulsory for all children between the ages of seven and fourteen for six months each year. (S. L. 1907, Ch. 93.) The University of the State of Wyoming is co-educa- tional, and is open to all students of any race or color. The instruction is free. The support for the institution comes from a tax of one-fourth of a mill given by the State and grants of land from which money is received for rents and appropriations of money from the Gov- ernment. (Sec. 16, R. S., Sec. 1833.) The university is at the present the only institution in the State offer- ing higher education.* The Constitution authorized the Legislature to provide for the teaching of mining and metallurgy and the university has been designated as the place where these subjects are to be taught. (Sec. 17, R. S. 487.) In addition to the School of Mines, the university has a College of Liberal Arts, an Agricultural, IMechanical, Normal and Commercial College. The management of the university is vested in a board of trustees consisting of nine members, who hold their office for a term of six years without salary. The appointments are made by the Governor at the session of the Legislature. The President of the University and the Superintendent of Public Instruction are ex-officio members of the board. (Sec. 17, R. S., Sec. 488.) *As the University is tlie only institution for higher education in Wyoming, tlie President and the faculty constitute the examining board for the Cecil Rhodes' scholarship. This gives two students at the University who are able to pass a competitive examination a three years' course at Oxford College, England, with $1,500 annually for each student. One of the requirements appearing in the will which donated this money is that the students at the educational institution from which the examinations are taken must also receive the endorsement of the student body of that institution as to the applicants' good fel- lowship and general athletic qualifications. A stranger taking the examinations could hardly expect this student recognition. 'nil-: coxyTiTUTroN of WYOMrxc;. io5 Elections. — Wyoming has a particularly superior set of laws in regard to her elections. The secret ballot is used and called the Australian Ballot System.** Only the general Constitutional requirements are stated in this chapter. The detailed methods and regulations are to be found in the division of administration of affairs. The right of suffrage was granted women in Wyoming at the lirst Territorial Legislature in 1869. During the second session of the Legislature an unsuccessful attempt was made to repeal the law. Since that time no effort has been made to deprive the women of this privilege of franchise. The subject was discussed at the time of the Constitutional Convention in 1889, after it had received a test of twenty years of actual operation, but no opposi- tion was made against continuing the right granted. Even Congress, when our Constitution with this equality clause was presented for approval, made no serious argu- ment against retaining this provision for "woman suf- frage." Wyoming is the first political organization of all time to grant women the right to vote upon all ques- tions where suffrage is exercised. Colorado, Idaho and L'tah now have equal suffrage. Equal political rights are granted by the Declaration of Rights (Sec. 3), where the privilege and rights of suffrage are not denied on account of sex, race or color. The right to hold office is not denied on account of sex. All citizens, men and women, equally enjoy all civil, political and religious rights. (Art. VL, Sec. i.) That there may be no ques- tion on the subject and in order to emphasize the fact that the Constitutional law is operative, the revised stat- utes (1899, Sec. 378), state "the rights of women to the elective franchise and to hold office shall be the same as those of men." Every citizen of the United States of the age of twenty-one years and over, who has been a **Introduced in the Legislature of 1SS9 by Hon. Frederic S. Hebard and in force from that date. l(,Hi 'rilK (iOVEKNMlCXT OF \V VOM 1 XC. resident of the State of Wyoming" for one year, and of the county wherein his residence is located, sixty days just ])receding- the election, who is able to read the Con- stitution, is entitled to vote. (Art. VI., Sees. 2, 5 and 9.) Persons of unsound mind and convicts whose citizenship has not been restored are deprived of the elective fran- chise. (Sec. 6.) Xo civil or military authority can in- terfere to prevent one from exercising this right. All elections are open, free and equal. (Dec. R., Sec. 27.) In order to vote each citizen must register as a voter, according to law. (Art. VI, Sec. 12.) All general elec- i^ions are held the Tuesday following the first Monday in November of the even numbered years. All State and county officers are elected at this time and assume the duties of their offices the first Monday in January fol- lowing their elections. At these general elections all the State and county officers, members of the Legis- la,ture, the Representative to the United States Congress and the electors to elect the President of the United States are chosen by ballot. All voters are given the absolute privacy in the preparation of their ballots, and it is absolutel}^ necessar}- that the l^allots so prepared shall be shown to no one before being placed in the ballot box. This makes voting according to one's own judg- ment and inclination possible ratlier than following the dictates and wishes of some otlier person. (Sec. 11, Elect. Sec. 5.) \A^yoming, in addition to the two United States Senators which each State elects by its Legisla- ture, is entitled at present (1907) to one Representative in Congress. Each State is entitled to one Representa- tive for every 194,182 people within its borders. States having less than this number of inhabitants are entitled to one Representative. At present we have a population of about 100,000, and until we almost double our popula- tion we cannot have an additional Representative in Con- gress. So long as we are entitled to but one Repre- Till': coxsTi'rrTioN of Wyoming. 107 sentative the election is made by the entire State. When we have another Representative in Congress the State will be divided into two Congressional districts, each one of which will have a Representative who will be elected only by the people of the district. (Art. III. Apport. Sec. i, Act of Admis. Sec. 3.) Wyoming is en- titled to three presidential electors, who are elected e\'ery fourth year after 1900. (R. S.. Sec. 196.) QUESTIONS. 1. What was tlio object of the Constitutiou-makers in pro- hibiting donations and support to religious institutions? Was it heeause they did not believe in them? 2. What is the meaning of the "free exercise of religious worship"? 3. Are there any religious tests made in connection with any school position? Why? 4. What is religion? 5. Who has the general supervision of the school system in the State? 6. What is the compulsory school age in the State? 7. Where is the institutiou for higher learning located? What is it called? How many students attend it? 8. What is meant by a co-educational institution? 9. Explain the Australian Ballot System. 10. How would a blind man vote? 11. What are the qualifications in order to cast a ballot? 12. What is the meaning of the term "equal rights"? Why is Wyoming called the "Equality State"? 13. After State officers are elected when do they assume their duties? 14. How many representatives to the United States Congress are sent by Wyoming? Who so represents us? When will one be elected? How are representatives elected? 15. Who are the United States Senators from this State? How are they elected? When is one to be elected? 16. State some acts of importance that our Senators and Representatives have done for this State. 17. Why are we limited to three presidential electors? What are their duties? 18. When are presidential electors elected and how? 108 THK GOVKRNMHNT OF WYOMING. REFERENCES. Ashley, The Anierican Federal State, pp. 38, 85, 459, 462, Cb. XXIX. Hart, Actual Governmeut, Ch. XXIX, Sees. 32-41. Bryce, The American Commonwealth, II, pages 570-586, Ch. XCII. Schouler, Constitutional Studies, jjp. 230-248. Fiske, Civil Government, pp, 133-136. James and Sanford, Government in State and Nation, Chs. IX, XI. McClain, Constitutional Law in II. S., Ch. XXXVII. CHAPTER XIII. Treason, Impeachment, Bribery and Rights. Treason is a crime. It is an act committed against the State and not against individuals. It is an act com- mitted by a subject against the State to which he has sworn allegiance. The old Roman law called it crimen laesae majestatis, the crime of violated sovereignty. It is a breach of faith in that it attempts to overthrow the political organization which on oath the citizen has prom- ised to protect. Treason against the State and the United States is identical, as set forth in each Constitu- tion. UNITED STATES. WYOMING. Treason against the United Treason against the State States shall consist only in shall consist only in levying levying war against them, or war against it, or in ndhering adhering to their enemies, to its enemies or in giving giving them aid and comfort. them aid and comfort. (D. R., (Art. Ill, Sec. 3.) Sec. 26.) The Legislature is prohibited from condemning one for treason. A person can be convicted of the crime only on confession in open court or on the testimony of two wit- nesses to the same actual act of treason. Impeachment. — To impeach is to call one to account. The term is used in connection with officers holding posi- tions of trust who have failed to perform duties in ac- cordance with the laws or whose actions do not justify their continuance in office. Their ofifences may not vio- late the criminal code, but are a betrayal of trust or a neglect of public duty. The Governor. State officers and judges of the courts are liable to impeachment. The action may be brought against them for crime, for omit- ting to do their duties according to the law, for misbe- havior not amounting to crime in discharge of the duties I in TJIK (iOVKKNMIONT OF WYOMING. entrusted to them. The Senate cannot inflict a direct punishment for impeachment. Judgment against an offi- cer shall consist in removal from office and disqualifica- tion to hold any State office. If convicted or acquitted the party is liable to prosecution according to law. (Art. III., Sec. i8.) The power to impeach rests in the House of Representatives, that is, it prefers the charge of cor- rupt violation of official duties. The Senate acts as a court and tries the case. A majority of the House can impeach, but it takes a two-thirds vote of the Senate to convict. If the Governor is to be tried the Chief Jus- tice of the State Supreme Court shall preside. (Sec. 17.) When the President of the United States is to be tried the Chief Justice of the United States presides. This provision was made because if the vice-president, who is the president of the Senate, should preside at the trial and the President were convicted, the vice-president would succeed to the President's chair. In this way it would place a presiding officer of the court in a posi- tion to succeed to the office of the tried party should the court pronounce him guilty. This is one of the safe- guards of national and State government to prevent any action against an officer to profit by his conviction. No .one has been impeached in this State (1907). There have been only seven impeachments by Congress, and of this number only two convicted by the Senate. Bribery. — To attempt to influence an officer in the con- duct of his duty by the oiTer of a reward is bribery. The one who gives and the one who receives are equally guilty. Members of the Legislature are prohibited from promising to vote on an}^ measure on condition that some other member will give his influence for or against a proposition. The legislator making such a promise is deemed guilty of solicitation of bribery. The punish- ment is expulsion and ineligibility to the Legislature, and on conviction in the courts the offender is liable to a fur- TUl-: CONSTITUTION OF WYOMING. Ill ther penalty as prescril)ed by law. (Art. III., Sec. 42.) A person offering" money or any valuable thing to an executive or judicial officer or member of the Legislature to influence him in the performance of his duty is guilty of bribery, and may be ])unished by law. (Sec. 43.) The punishment for both the one offering the bribe and the officer receiving same is imprisonment in the peni- tentiary for a period not over fourteen years. (Art. III., Sec. 45 and R. S. 5073. ) Bribery by the Governor con- sists in promising his official influence in return for Legislative votes or his promise to veto bills, or the promise to appoint particular persons to office provided members of the Legislature use their influence to pass certain measures, or if he threatens to remove any per- sons from office, to exercise an influence on the action of a member. In addition to the penitentiary punishment he shall forfeit all right to hold an office of trust or honor in the State. (Art. IV., Sec. 10.) Personal and Property Rights. — The Declaration of Rights grants all accused persons in criminal cases the right of a trial by a jury of twelve men. This is called the petit jury, and consists of men chosen from the county where the court is held, to decide the issues be- tween the two parties. The grand jury also consists of twelve men chosen to inquire into offences which have been committed. This jury makes a written accu'^a- tion, called an indictment, against the alleged offender. It does not try to prove that a crime has been com- mitted, but accuses parties supposed to have committed the offence. While it requires the vote of the entir; bod}^ of the petit jury to convict a person, nine of th ^ gran;l jury can find an indictment. (D. R. Sec. 9, R. S. 5280.) The Legislature is prohibited from enacting a law stating what the exact damages shall be given for injury or death to a person. Any contract made with an employee agreeing not to sue for damages is without 112 THK (;()VKU.\MI;NT of WYOMING. force. (Art. X., Sec. 4.) Persons injured in mines by the failure to provide protection have a right to bring suit against the person or corporation liable. (Art. IX., Sec. 4.) If private property is needed for public pur- poses or for private use it cannot be taken from the owner without just compensation. (Dec. R., Sec. 33.) Every head of a family is entitled to a homestead not ex- ceeding in value the sum of fifteen hundred dollars. This homestead is exempt from forced sale under any process of law. This does not apply to sale for taxes or to the obligation of the purchase price of the premises or erec- tion of the improvements thereon. (Art. XIX, Home- stead Sec. I, R. S. 3901.) QUESTIONS. 1. What is treason? What is the punisliment for treason? 2. Who tries persons guilty of treason? .3. Who can be impeached? ■4. Is it wise to give a set of persons control over officials through removal? 5. What is the advantage of depriving one who is guilty of bribery from holding any office of trust in the State rather than making the offender pay a heavy fine? (5. Where is bribery most frequently used? 7. What is the grand jury? How does it differ from the petit jury? 8. Are the sessions of the grand jury held in secret? Why? REFERENCES. Hart, Actual Government, Sees. 571-573. Fiske, Civil Government, pp. 221, 222. Bryce, The American Commonwealth, I, pp. 47, 86, 208, 479. CHAPTER XI\'. State Finances. Taxes, Revenues, Debts, Appropriations, Funds. No authority in the State can surrender its power to levy taxes. (Art. XV., Sec. 14.) The State has a right to impose taxes upon its people and their property in order to raise money for public purposes. Indirect taxes are duties upon articles for consumption ; direct taxes are poll tax and taxes upon land. All the taxes must be uniform and distributed equally among the people. "No tax shall be imposed without the consent of the people or their authorized representatives." (Dec. R., Sec. 28.) The great injustice to the American colonies consisted in England levying taxes upon her people in this couiitry without consulting them or giving them a representative in the tax levying house in England. "Taxation without representation" was the revolutionary watchword, and did much toward bringing the war to a successful issue. It was something that not only touched the heairts. but the purse-strings of every colonist. No State tax can be levied except according to law. (Art. XV., Sec. - 13.) The law exempts from all taxation all property in the State belonging to the United States, Indian reserva- tions, military posts and reserves, government land and all State property, the State buildings and State land donations ; county property, court houses and hospitals, city property, school buildings and property owned for public "uses, also secret society, benevolent and chari- table buildings, (S. L. 1901, Ch. 5); public libraries, the buildings as well as the books ; property used for relig- ious purposes and cemeteries. (Art. XV., Sec. 12,) All other property, real and personal, is subject to assess- ment and taxation. (Sec. i, R. S. 1763.) An assessment is the fixing of the proportion of the tax which each Ill 'i'liK COVHHXMKN'T OF WYOMING. person is to pay. Mining" and coal lands are taxed. (Art. XV., Sees. 2 and 3.) The f;r()ss products of all the mines are taxed in addition to the tax on the surface improvements. (S. 1.. 1903, Ch. 81.) For State, county and city revenue the amount of tax that can be levied is limited by law. With the exce])tions for educational and charitable puri)oses and in order to pay public debts the levy limited for State pur[)os€s is four mills on the dollar; for county twelve mills, and for city eight mills. (Art. XV., Sees. 4, 5 and 6.) A poll tax of two dollars each year is levied on all citizens between the ages of twenty-one and fifty years. The poll tax goes to the common school fund of the district in which the poll tax is levied. (Sec. 5, R. S. 1193.) The State has a State Board of Equalization, whose duty it is to fix each year a valuation for assessment on all live stock ; to assess all corporations used as common carriers and to equalize the valuation of property in the counties for the State revenue. (Art. XV., Sec. 10.) This board consists of the State Auditor, State Treasurer and Secretary of State. (Sec. 9.) A debt is an obligation to pay money or other valuable thing. It is usually due through some contract, or for some value received. In former days those people who could not pay their debts and coiild not meet their obli- gations, were sent to jail as punishment. Now, except in cases of fraud, no one can be imprisoned for debt. (Dec. R., Sec. 5.) The Legislature cannot release any person or corporation from an obligation or debt held by the State. (Art. III., Sec. 40.) Public indebtedness is all restricted b}'^ Constitutional provisions. (Art. XVI., Sees. 1-4 and 8.) The Legislature has power to pass bills to raise revenue. Revenue is the income of the State. It is money necessar}^ to carry on the administration of affairs of the State. Bills for raising revenue can only originate in the lower house. The Senate can propose TiiK coxsTrrrTiox of wvo.Mi.xd. u.i amendments to these bills. (Art. 111., Sec. 33.) All appropriations appear in separate bills, each containing' but one subject, except the general appropriation bill which contains appropriations for the expenses of the several departments of the State. (Sec. 34.) No ap- propriation can be made to institutions or corporations not under the absolute control of the State. (Sec. 33.) No money can be paid out of the State Treasury except on appropriation by law and by warrant drawn by proper officers. All bills against the State and county must be verified by affidavit : they must be sworn to before some one duly authorized to administer oaths. (Art. XVI., Sec. 7.) The perpetual funds for school purposes can- not be spent, onh^ the annual income or interest arising from them can be used. This fund includes all money received from the sale or lease of sections sixteen and thirty-six in each township of the State ; the five per cent as granted by Congress on the sales of Government lands in the State ; proceeds which come to the State through forfeiture, or unclaimed shares of estates of deceased per- sons. The money arising from this source is called the common school fund. (Art. VII.. Sec. 2.)* Fines im- posed under the general laws go to the common or pub- lic school fund. (Sec. 5.)** The income arising from these funds must be applied to the support of the free schools in every county. (Sec. 7.) The distribution of the same is according to the number of children of school age in each count}'. No appropriation can be made for a school which is taught less than three months in the year. Private schools can receive no aid from the State whatsoever. (Sec. 8.) *The amount distributed in 190G to the schools in the State amounted to $115,354.96. The apportionment to each county was based, not on the enrollment, but on the census of children of school age. The records give 24,154 scliool children in the State. **Common schools and public schools are the same. 116 THK (iOVKKNMKNT OF WYOMING. The public school money must be securely invested and the income or interest from such investments must be used exclusively for the support and use of the free public schools. (Sec. 4.) These funds are considered as a trust fund in care of the State, and the greatest caution must be exercised in the investment of the money. The security given must be in bonds of the school dis- tricts, or registered county bonds, State securities, or securities of the United States. (Sec. 6.) All moneys not invested must be placed or deposited in some national bank of this State, drawing interest which must go to the State rather than to the parties to whom the money was temporarily entrusted. The law prohibits any pub- lic officer from using money for purposes other than those authorized by law. (Art. XV., Sees. 7 and 8.) QUESTIONS. 1.. What is the duty of the State Board of Equalization? Who compose the Board? 2. What are the limits of the tax levj' for State, county and city? '^. Why is it difficult to tax personal property? 4. Is it more just to levy a tax according to a person's ability to pay or according to the benefits he receives from the State Government? 5. Why arc the school funds so carefully guarded? 6. How does the State Treasurer obtain the public money and how does he pay it out? 7. How are the monies invested? 8. How are the revenues raised? Why can a bill to raise a rovtuue only originate in the House of Representatives? EEFEEENCES. Hart, Actual Government, Ch. T, (Taxation). Fiske, Civil Government, Ch. I. Ashley, The American Federal State, Ch. XXV. Wilson, The State, Sees. 1258, 1259. -Tames and Sanford, Government in the State and Nation, - Ch. VI. ISIcClain, Constitutional Law in U. S., Ch. XII. Forman, Advanced Civics, Ch, XXXV. Fairlie, Local Government in Counties, Towns and Villages, Ch. XV. CHAPTER XV. State Officers. The Governor, the Judges of the Supreme and District Courts, and members of the Legislature are State officers. The Constitution makes provision for other State officers who are elected l)y the qualified voters of the State, at the time and place where the members of the Legislature are chosen. These officers are a Secretary of State, an Auditor, a Treasurer and Superintendent of Public In- struction. Each of these four must be a citizen of the United States, qualified State elector and at least twenty- five years of age and each receives a salary of two thou- sand dollars a year. (Art. IV.. Sec. 13.) Their term of office is four years. All of the State officers are eligible for re-election after the expiration of their term of office, except the State Treasurer, who cannot succeed himself, but may be eligible for the position again when four years have expired from the time for which he was elect- ed. (Art. IV., Sec. 11.) This provision is made to pro- tect the State funds which come under his control. The frequent rotation of office necessitates the transfer of money from one treasurer to another and fraud or any irregularity is thus prevented, at least for any length of time. The official oath of office, which must be taken before entering upon the duties of their respective offices, is as follows : "I do solemnly sw^ear (or affirm) that I will support, obey and defend the Constitution of the United States and the Constitution of this State, and that I will dis- charge the duties of my office with fidelity ; that I have not paid or contributed, or promised to pay or contribute, either directly or indirectly, any money or other valuable thing, to procure my nomination or election (or appoint- ment) except for necessary and proper expenses author- lis 'I'lIK (lOVKRNMKNT OF WYOMING. izcd by law ; that 1 have not, knowingly, violated any election law of the State, or ])rocure(l it to be done in my behalf; that 1 will not, knowingly, receive, directly or in- directly, any money cjr other valuable thing for the per- formance or non-performance of any act or duty pertain- ing to my office other than the compensation allowed by law." (Art. VI., Elections, Sec. 8.) Any person refusing to take this oath or affirmation forfeits the office to which he is elected or appointed, and anyone violating the oath of office is guilty of perjury and is disqualified forever from holding any office of trust in the State. These oaths can be taken before anyone authorized to administer oaths. The members of the Legislature must take the oath in the house to which they are elected before one of the Judges of the Supreme Court or a Justice of the Peace. (Art. VI., Elections, Sec. 9.) Uniformly these oaths have been ad- ministered by a Judge of the Supreme Court. The Secretary of State must reside in the capital and keep his office in that place. He has the care of the great seal of the State. The imprint of this seal is placed on all documents and certificates coming from his office. He has the custody of all of the documents and papers connected with the Legislature of Wyoming. These are of extreme value, as they are the laws as originally made, and in cases of controversy reference is made to the documents as the most accurate atithority to settle the question. The Secretary attests or certifies to all of the official acts of the Governor under his "hand and seal" and keeps a register of all the commissions isstied b}^ the Governor and of the Governor's official acts. (R. S., Sec. 55.) The Secretary mtist give a bond of ten thousand dollars that he will well and truly perform the duties of his office. He is the custodian of all the bonds of the other State officers. (R. S., Sees. 54 and 69.) If the position of Governor becomes vacant, he is then the GREAT SEAL WYOMING SECRETARY OF STATE. TIIH CONSTiTTTTIOX OF \VV()M1N(!. iL'l actinc;- Governor. He receives the salary of both offices when filling- both places. The salary of the Governor is two thousand, five hundred dollars a year. If the Secretary of State removes from the State or is impeached, the Governor has the power to appoint a Secretary of State. ( R. S., Sec. 64.) The Auditor gives a bond of fifteen thousand dollars. He is the accountant of the State and audits and settles all claims against the State except those required by law to be adjusted by the other officers ; he is the keeper of the accounts, vouchers, documents and all papers relating to the accounts and contracts of the State. He is also ex-officio Insurance Commissioner, whose duty it is to examine into the conditions and relations of any insur- ance company doing business in the State. (R. S., Sees. 70, 72, 82.) The Treasurer of the State is obliged to give a bond of twenty-five thousand dollars. He receives and keeps all of the money of the State not required by law to be kept by some of the other officers. The Auditor makes out warrants for bills against the State and the Treasurer pays the bills as indicated by the warrants. (R. S.. Sees. 85 and 86.) He invests all permanent funds arising from the sale -of State lands. (S. L. 1903. Ch. 30.) The State Superintendent of Public Instruction has the general supervision of the educational interests of the State and is an ex-officio member of the board of trustees of the university. (R. S., Sec. 488.) Each year he dis- tributes the money received by the State Treasurer for public schools, including rents of unsold school lands, among the several counties of the State, according to the number of children of school age in each. T^ie money is paid by the Auditor's warrant to the county treasurers. The county superintendents have the money sent from the county treasurers to the several school dis- 1212 'i'lIK (lOVEBNMENT OF WYOMING. tricts in the ct)unty. No district having a school for less than three months receives any of this distribution. (R. S., Sec. 93.) He issues teachers' certificates upon the rec- ommendation of the State Board of Examiners, the mem- bers of which are appointed by him. (S. L. 1907, Ch. 65.) In addition to the regular duties of these State officers, they also serve ex-officio, on State Boards and Commis- sions as follows : State Board of School Land Commissioners: Governor, Superintendent of Public Instruction, Treasurer and Commissioner of Public Lands as Secretary. State Board of Land Commissioners: The Governor, State Superintendent of Public Instruction, Secretary of State and Commissioner of Public Lands as Secretary. State Board of Charities and Reforms : Governor, Secretary, Treasurer, Auditor and State Superintendent of Public Instruction as Secretary. Capitol Building Commission: Auditor, Treasurer, En- gineer. State Board of Condemnation of Sale of Useless State Property : Secretary, Treasurer and Auditor. State Board of Equalization : Secretary. Auditor and Treasurer. Insurance Commission: Auditor. The Constitution does not designate all of the officers of the State, but delegates some power to the Legis- lature to create such offices as are necessary for the best interests of good government. It, however, provides for a State Examiner, who is appointed by the Governor, and confirmed Iw the Senate for a term of four years. (Art. IV., Sec. 14.) His salary is two thousand dollars per year. (S. L. 1903, Ch. 99.) His duties are to examine al^ books and accounts of the several offices of the State and county and to establish a uniform and correct system of keeping the financial accounts of these several insti- tutions. He visits these offices without previous notifi- TIIK CONSTITUTION OF WYOMING. 123 cation at least twice a year and makes detailed accounts of his inspection to the Governor. In case the State Treasurer, or a treasurer of a county or municipal cor- poration, should be removed, he would take the vacant place until such time as the office was again filled by proper authority. Once a year he makes an inventory of all the chattel property of the State, keeping a record of the description of this property, its location, condition, and cost. (R. S., Sec. ii6, 121-123.) The State Engineer is appointed by the Governor and serves lor a term of six years. His salary is two thou- sand five hundred dollars. He has the general super- vision of the waters of the State, and the offices connected with their distribution. (Art. VHL, Sec. 5.) He makes measurements and calculations of the discharge of the streams and makes surveys to determine the best loca- tions for constructing works for utilizing the water of the State and ascertains the location of the lands best suited for irrigation. All the needs of the State as to irriga- tion matters are entrusted to the Engineer. (R. S., Sec. 104.) The Governor appoints two Inspectors of Coal Mines, who hold the office for six years, and receive annually two thousand dollars. One has the jurisdiction of Laramie, Albany, Carbon, Sweetwater and Uinta counties, called District No. i. The remaining counties of the State constitute District No. 2. The duties of these officers are to examine all of the coal mines within their district at least once in three months and to see that all the require- ments b}' law^ to protect the miners are being fulfilled. (Art. IN., Sec. i, S. L. 1903, Ch. 23.) Other mines than coal mines are inspected by the Geologist. (S. L. 1903, Ch. 35-) The State Geologist receives his appointment from the Governor, confirmed by the Senate, as are all the appoint- ments made by the executive. (Art. IN., Sec. 6.) He 124 'I'lIK GOVERNMENT OF WYOMING. receives a salary of two thousand, four hundred dollars. His duties are to report on the mining property and to collect official information relating to the various mines and to publish reports upon mining projects in the State in order to advance the mining industry and to advertise the mineral wealth of our State. (S. L. 1901, Ch. 45.) He is also ex-officio Inspector of Mines other than coal mines. He makes examination of all matters relating to the safety of the persons working in these metallifer- ous mines. (S. L. 1903, Ch. 35.) If vacancies occur in any of the State offices the Gov- ernor has the power to appoint some one to fill the place until the next election, or until the next Legislature. (Art. IV., Sec. 7.) (See p. 84.) This does not apply to members of the Legislature, who have to be elected by a special election. (Art. HI., Sec. 4.) No person holding a L^nited States office can occupy any official position of this State to which financial compensation is attached. (Art. VI., Elections, Sec. 7.) The salary of no officer can be increased or diminished during his term of office. (Art. TIL, Sec. 32.) The salaries of county officers are limited by the Constitution and definitely regulated by Legislative enactments. The amounts received are gauged in accordance with the assessed valuation of the counties. (Art. XIV., Sec. 3.) The counties are divided into classes as follows : Assessed valuation of over five million dollars, first class. Assessed valuation of over two million, five hundred thousand dollars and not exceeding five million, second class. Assessed valuation of more than one million, four hun- dred thousand dollars and not exceeding two million five hundred thousand, third class. Assessed valuation of less than one million, four hun- dred thousand dollars, fourth class. (R. S., Sec. 1075.) Till'] COXSTITITTIOX OF WYOMTNG. 125 QUESTIONS. 1. Wliat is the advantage of having some of the State offi- cers elected by the people and some appointed by the Governor? 2. What State officers are elected? When was the last elec- tion held? When is the next election? 3. What is the reason for prohibiting one from holding a State office if he cannot take the required oath of office? 4. Explain the duties of the Secretary of State? The Au- ditor? The Treasurer? Superintendent of Public Instruction? 5. Give the names of the officers holding these positions. Do any of them come from your county? 6. What authority and power have the State Boards? 7. Is the office of the State Examiner a necessary one? How can he prevent frauds? S. Why do we have State Mine Inspectors? 9. What are the duties of the State Geologist? in. How arc vacancies in the State offices filled? REFEEENCES. Fiske, Civil Government, pp. 1G7-180. Ashlej', The American Federal State, Ch. XX. Wilson, The State, pp. 612-639. Hart, Actual Government, Ch. VIII. Bryce, The American Commonwealth, I, Ch. XLIII. CHAPTER XV r. State Lands, Water, Labor, Corporations, Militia and Public Buildings. The subjects of land and water are equally important in the arid regions. Land without water is about as valueless as water without land in Wyoming. They are the hook and eye that l)ind the State together. Each is practically useless without the other in a country where there are no stated periods of rainfall. The Constitution (Art. XVIIL, Sec. i) accepted the grants of land made by the United States to the State for educational pur- poses, for public buildings and institutions and other uses and accepted donations of money as provided in the act of admission of the State into the Union approved July 10, 1890. All the lands thus donated are unconditionally set aside for the purpose specified in such act, and the proceeds arising from the use or sale of same are never expended for any other purposes. ( R. S., Sec. 795, Act of Adm., Sec. 4-14.) These lands cannot be sold for less than $10.00 per acre. The acceptance of arid lands from the Government was authorized by the Legislature (S. L. 1895, R. S., Sec. 934), on the condition that the State reclaimed these lands and disposed of them to settlers. The State Board of School Land Commissioners, and the State Board of Land Commissioners have control, direction, disposition and care of all lands granted the State. (Art. XVIIL, Sec. 3; Art. VII., Sec. 13.) These grants of land were not from any one locality in the State ; they included stated numbers of acres which could be selected from any part of the State for special purposes. The School Land Commissioners have control, direction, leasing, disposal and selection of the school lands. The other land board selects and controls all of the other lands donated to the State. (S. L. 1903', Ch. yS. Sees. I and 2, Art. XVIIL, Sec. 4.) AVyoming, by her Con- THE CONSTITUTION OF WYOMING. 127 stitution, disclaimed any ownership or title to the unap- propriated public lands within her boundaries or to any lands owned or held by Indian tribes and also declared that no lands or property of the United States within her boun- daries should ever be taxed. (Ordinance, Sec. 3.) The right of eminent domain or the right to take private property for public uses cannot be exercised without compensation to the owner. This right also extends to taking property and franchises of incorporated com- panies when needed for public use. (Art. X., Sees, i and 9.) Private property can be taken for private use with- out the consent of the owner, but only with due com- pensation, when needed for private ways of necessity and for reservoirs, drains, flumes, or ditches on or across the lands of others for agricultural, mining, milling, do- mestic or sanitary purposes. (Dec. R., Sec. 32; S. L. 1907. Ch. 52.) Water. — ^^'yoming was the first State to provide by Constitutional enactment that the water within the bor- ders of a State is the property of the State. The Con- stitution of Colorado holds water to be the property of the public. When this State was admitted to the Union the Federal Government ceded to the State the title and control of all water in the State. There are approxi- mately 98,000 square miles in Wyoming, or sixty-two million, seven hundred and twenty thousand (62,720,000) acres of land. There are probably eight hundred thou- sand acres of this land irrigated and nearly twice this area under ditches, that is, which can be irrigated when there is a demand for the water from the ditches. This land, under irrigation, would be practically valueless ex- cept for grazing purposes without the use of water. The subjects of irrigation and the duty of water do not receive attention in most of the State Constitutions. There is no need of it. The rains coming at stated seasons do for other States what the snow on the mountains, reser- 128 TliH (lOVKHNMIONT OF WYOMTNU. \oirs and irrig-ation ditches do for the States in tlic arid rej>"ion. Water in Wyominj;- is essential to industrial |)ros])erit}'. It is limited in anKJunt and is easily taken from its natural channels, and must be under the control of the State. (Dec. R., Sec. 31.) All waters of the rivers, creeks, s[)rings and lakes within the borders of Wyoming are the property of the State. (Art. VIII., Sec. i.) The State Engineer and his superintendents of the four water divisions constitute the board of control who have general supervision of the waters of the State and of their appropriation and distrib- ution. (Sec. 2 and 4.) Those who have first used or appropriated water from the streams for beneficial pur- poses have the first claim to the water. This is called priority of appropriation. These appropriations are not denied unless the public interests demand the withdrawal or refusal of the right. (Sec. 3.) Municipal corpora- tions can acquire the same right as individuals and can appropriate and use water for domestic and municipal purposes. (Art. XIII., Sec. 5.) Labor. — Only citizens of the United States or those who have declared their intention to become such, may be employed in the construction of public buildings or improvements in this State. (Art. XIX., Labor, Sec. i.) No boy under fourteen years of age and no girl or woman can be employed in or about coal or other dangerous mines. (Art. IX., Sec. 3.) The Legislature makes pro- vision for the proper ventilation, drainage and operation of all mines. (Sec. 2.) Eight hours are considered a lawful day's work in all mines and on all State and municipal work. (Ark. XIX., Concerning Labor, Sec. I.) No person can enter into a contract with any other person or corporation on condition that if he receives employment the one using his services will be exempt from liability or responsibility because of personal in- juries due to the negligence of the proper protection for the employed. (Art. XIX., Labor Contracts, Sec. i.) TIIK COXSTlTUTlOiX OF WYOMING. ]29 Corporations, — .\ corporation is an association of in- dividuals hound looetlier for a dertnite purpose and per- mitted to do business under a special name. A private corporation is created for the private benefit of the vari- ous members and is allowed to change its members without destroying the association. A municipal cor- poration is a public organization created for political pur- poses, such as counties, towns and cities and is invested with governmental powers. Corporations are a part of the State and are subject to its control. Monopolies and perpetuities are not allowed in Wyoming. (Dec. R., Sec. 30.) A monopoly is an exclusive right granted to a few to buy or sell, make or use a given thing; a perpetuity is an interest in property' or things which cannot be transferred. Corporations, in order to be legally organ- ized to do business, must obtain a franchise. A franchise is a term applied to the privilege granted by the Legis- lature to corporations to transact business. (Art. X., Sec. 2.) A combination of interests, preventing com- petition, is a trust. Any consolidation of corporations which interferes with the public welfare, is prohibited. (Sec. 8.) In territorial days towns and cities derived their corporative power from special charters, granted by the Legislature. Now they are organized and clas- sified according to a general law. All cities having a population of more than four thousand inhabitants are known as cities of the first class. (R. S., Sec. 1587.) Railroad corporations are granted the privilege of oper- ating in the State. (Art. X., Railroads. Sec. i.) All rail- roads and telegraph lines are public highways and com- mon carriers and as such cannot discriminate as to the uses made of them. All who use them must be treated equally and impartially. (Sec. 2.) No franchise can be granted to railroads, telephone, telegraph or electric light lines to be constructed in a city without the consent of the officials of the municipality. (Art. XIII., Sec. 4.) A 130 Till-: tJOVKK.NMENT nF ^VV()MI^■(;. corporation is allowed, by its charter, to engage in only one line of business. (Art. X., Sec. 6.) If the same com- pan}' desires to carry on a business in more than one de- partment additional charters will have to be granted for each general line. The Legislature and all municipal corporations are ])rohibited from giving financial aid to any railroad or telegraph line. (Art. III., Sec. 39; Art. X, Sec. 5.) No corporation is permitted to transact busi- ness in the State until it has accepted the Constitution of the State and filed such acceptance in the office of the Secretary of State. (Art. X., Sees. 5 and 6, R. S., Sec. 3058.) Militia. — Technically, the militia of the State is made up of all able-bodied male citizens between the age of eighteen and forty-five years. It might be called a citi- zen army. Actually, the militia consists of all the men who have volunteered their services to the State and have enlisted in the National Guards of Wyoming. (Art. XVII., Sec. I, S. L. 1905, Ch. 46.) These militiamen may be ordered into active service to aid the civil authorities to suppress or prevent riot or insurrection or prevent invasion. They act as a State police force at the call of the Governor. "The right of citizens to bear arms in defense of themselves and of the State shall not be denied." (Dec. R., Sec. 24.) This military power is always under the strict control of the civil power of the State, and no soldier in time of peace can be stationed in any house without the consent of the owner. (Sec. 25.) The Governor is commander-in-chief of the National Guards of Wyoming, except when the militia is called into the service of the United States. (S. L. 1907, Ch. 67.) His staff consists of officers appointed by him for a term of four years. (S. L. 1901, Ch. 62, Sec. i.) The chief of his staff is an adjutant-general with the rank of briga- dier-general, who has general supervision of the ord- nance, arms and supplies of the militia which are the THE CONiSTlTUTlOX OF WVOMl.NC;. 181 property of the United States and the State. The en- listments are for a term of three years. Officers of a company are elected by the company and commissioned by the Governor and all militia serve without salary unless on actual duty when the compensation is two dollars per day. (Art. XVII., Sec. 3; R. S., Sees. 718, 7-9' 739» 742-) ^o elector on the day of election is obliged to serve on militia duty unless in time of public necessity. (Art. V'l., Sec. 4.) No military force can be brought into this State to suppress domestic • violence without l)eing called for by the Legislature, or the Gov- ernor, when the Legislature is not in session. (Art. XIX., Police Powers, Sec. i.) No military organization of the State can carry any flag of any nationality except that of the United States. (Art. XVII., Sec. 4.) When the President of the United States called for troops in the Spanish-American War of 1898, our State apportionment was 231, but 338 were mustered in with our lirst battalion. The call stated that men from our Na- tional Guards or militia should be used as far as possible, as they had the advantage of being better equipped, armed and drilled. The battalion left Cheyenne May 18, 1898, for California and sailed for the Philippines' June 27, and reached Manila August 2, in time to assist in the ca])ture of that city. Upon the second call for troops from President McKinley, a battery of light artillery was accepted from Wyoming, containing 125 men who Avere nui.-'tered in June 15, and sailed from San Francisco November 8, 1898, for the Philippines. In addition to this seven troops of cavalry recruited in the State, and entered the Second L-. S. Volunteer Cavalry which was organized at Fort Russell under the command of Colonel J. L. Torrey. Officers and their men numbered 592. They went to Florida, June 22, 1898. Wyoming not only sent her apportionment of soldiers to the war, but aggre- gated four and one-half times her proper quota. Gov- 132 THK <;OVEKNMKNT i)V WVOMING. crnor Do l-'orest Richards, in si)caking before the Legis- lature in i(;oi, of their courage and fortitude, said: "Too nuich cannot be said in praise of the men of the State of Wyoming, who, at the first call to arms, offered them- selves as champions of our country's cause." ]"\)llc)w- ing his recommendation suitable medals were presented in the name of the State to each participant. Public Buildings. — The Constitution located several of our public buildings for a period of ten years at least ; after that time the Legislature might make provision for a re-location by popular vote of the people. This vote will make the location permanent and for all time. The public buildings located were : The Capitol at Cheyenne. The State University at Laramie. The Insane Asylum at Evanston. The Penitentiary at Rawlins. (Art. VII, Sec. 23.)^' The charitable, reformatory and penal institutions are under the supervision and control of the State Board of Charities and Reform, which is composed of the Gover- nor, Secretary of State, Treasurer, Auditor and Super- intendent of Public Instruction. (Art. VII., Sec. 18, R. S., Sec. 632.) The seat of government or the capitol is under the charge of the capitol building commission, con- sisting of the State Auditor, Engineer and Treasurer. (R. S., Sec. 708.) The university is under the authority and custody of the Board of Trustees. (R. S., 490, Art. VII., Sec. 22.) Other State buildings have been erected *These four public buildings have remained in the location indicated to this date (1907). At the general election, held in November, 1904, the question of the permanent site of the buildings was submitted to the qualified electors of the State. The law says: "Any locality receiving a majority of the votes cast for any building shall be its per- manent place." (S. L. 1901, Ch. 26.) Laramie, Evanston and Rawlins each received a majority vote for its respective institution. The State Board of Canvassers in the matter of the location of the capitol re- ported: "The Board further finds and declares that no city, town or village received a majority of the votes cast at the election on the question of the permanent location of the Seat of Government." TJIE CONSTlTUTfON OF WY0MIN(5. 133 and put into operation by Legislative action, but the four mentioned are the only ones enumerated in the Constitution, and for which Constitutional provision has been made.''- Article XXI of the Constitution contains the provisions for transferring from the territorial to State organization, making all territorial State property and buildings as well as all laws and obligations of the territory to pass to the State. QUESTIONS. 1. What relation do laii\'i:H.\Mi;x'i' ov Wyoming. 17. W'liat is the meaning of tlic word cliaritHblc, reforma- tory and penal institutions? 18. When did Wyoming beeome a State? REFERENCES. Act of admission of Wyoming to the Union, R. S. 1899. (Do- nations of Tjand.) Consult Revised Statutes and Session laws of tiio State. Jour- nals and Debates of the Constitutional Convention, Wyoming (of extreme value). Schouler, Constitutional Studies, Ch. VIIT. Bryee, The American Commonwealth, I, 49, 678, 702. Forman, Advanced Civics, Ch. XLVIII. Ely, Monopolies and Trusts. Hart, Actual Government, Sees. 215-217 (Labor), 204-205 (Mili- tia), 209 (Corporations). Wilson, The State, Sees. 1506-1509. Ashley, The American Federal State, Ch. XIX. Piske, Civil Government, pp. 116-136. James and Sanford, Government in State and Nation, Ch. XI. PART III THE ADMINISTRATION OF AFFAIRS IN WYOMING CHAPTER XVII. THE ADMINISTEATION OF JUSTICE. Laws are a dead letter without courts to expound and define their true meaning and operation. — Alexander Hamilton. The written laws of the State are the Constitution and the Legislative acts. These acts comprise the statutes of State. The judicial department applies these written laws to matters in controversy. Questions under dis- pute, rather than to be settled by force of arms or by physical strength are taken into courts, where each party to the legal contest presents his arguments as to what he believes to be his personal or property rights. The judicial department then decides on the strength of the testimony given who is entitled to these rights. If all were equally just and willing to acknowledge that our neighbor had precisely as many rights as we have, then there would be little use of courts. The Judicial De- partment is the parent, deciding the difficulties between contending children, who, not agreeing among them- selves, refer the matter to a more experienced authority possessing impartial judgment. Others can protect our interests better than we can ourselves. The strong right arm of the law is more powerful and efifective than lire- arms. Wrongs are more lastingly eradicated by justice than hy force. While the judicial decisions are not really the written law they apply to the case and hand down the law in the form of decisions, and these decisions are accepted as law ; inasmuch as they are the legal inter- pretation of the intent of the law-makers. Judges do not always receive the same light upon the same points of law, hence make different interpretations, and one court often reverses the decisions of another court. People's ideas change, and the law changes with i;58 THK CiOVERNMENT OF WYOMINC. llie ideas and wishes. This, of course, is accomplished through the acts of the Legislature, the members of the Legislature thus expressing the wishes of the people who elected them. It is a wrong idea to think that the gov- ernment was made for its own sake and what the people created for its own use is but a place for office seekers. The Government is an organization for the purpose of carrying out the wishes of the people. The original ob- ject of a government was for the protection of the people and not that the people were to protect the Government. If we personally had to defend and protect each of our rights most of our time would be so occupied. The or- ganized government does the work for us. Governmental authority can serve the interests of each person much better than if these personal matters were all settled by the indiviudals directly interested. Educa- tion, as taught through our public school system, is more uniform and better results are obtained than if each fam- ily had its private teacher. The care of the insane and control of unfortunate children have more careful treat- ment insured to them when under the control of the State. Marriage and divorce laws must be governed by a uni- form regulation. Railroads must be governed and com- merce directed. The waters of the State must be care- fully utilized and election frauds prevented. All of these necessary departments of organization cannot be best served by individual eiTort. It requires organized efforts. The law states what the rights and duties of the citizens are in regard to these common interests, and when a duty is forgotten and a right taken away, the redress is in our courts of Justice, or the Judicial Department of the State. The acts of these departments are not based alone on the Constitution and the statute laws, but also on the "com- mon law." The common law is the general custom which has been handed down by tradition and is that part of our legal code which came to us from Colonial days and was THIO ADMINrSTRATlON OF AFFAIRS. i:;'.» derived from English law. This law embraces certain principles which our ancestors brought across the water with them as birth rights and which are the basis of our Constitution. This common law is often called the un- written law of the State. One of the early laws that was made by the first Territorial Legislature in October, 1869 (S. L., Ch. 15), was to adopt the "common law" of Eng- land as it existed at the first settlement at Jamestow-n, Virginia, in 1607,* as part of our statute law. This act as passed in our first Legislature has remained un- changed as it now appears in our revised statutes. (Sec. 2695.) Our common law is the common law of England and the common law of England dates back to the time "that the mind of man runneth not to the contrary."** All of our rights would exist if we did not have courts, but unless there was some power to insist that these rights be protected and to punish those who deprive us of them, it were as well we did not have them. The Legislative acts are laws in general affecting all the people of our State. Decisions of the courts apply the law to some special case or right. The courts never state that the laws have been violated, and they never inter- pret the Constitution or give a decision unless some special case in controversy is brought before them for judgment. All cities with more than four thousand inhabitants (called first class), have two Justices who have exclusive jurisdiction over cases which involve offences against the ordinances of the city when the fine to be imposed does not exceed two hundred dollars, or, imprisonment for three months. (R. S., Sec. 1657.) This office is filled by appointment from the mayor of the city. Every precinct in each country has a Justice of the Peace. The county *In so fai- as the same is of a general nature and not local to Eng- lanrl. **Blackstone. 140 THK (lOVKRNMKxN'T OF WVOMIXO. coninussioners decide how many voting precincts there shall be over which a Justice of the Peace shall have jurisdiction. (R. S., Sec. 4316.) These Justices have authority in their precincts over all civil actions, or cases concerning" the rights or wrongs of indix'iduals, where the amount in dispute does not exceed two hundred dol- lars. (R. S., Sec. 4323.) The next higher court is the District Court, of which there arc four in the State. (R. S., Sec. 3295.) The highest and last court in the State is the Supreme Court, consisting of three judges. The decisions of this court are final except in cases wherein a Federal or National question is involved, when an a])peal lies to the United States Supreme Court, as provided in the Constitution of the United States. (U. S. Const., Art. TIL, Sec. 2.) A wrong is a violation of the law. The courts deter- mine if the law has been violated and decide what the punishment shall be. A wrong in the eyes of the law is either civil or criminal. When a suit is brought against an ofifender for the protection or enforcement of a private right, it is a civil action. If a wrong had been committed which affects the security of the general pub- lic it is a criminal case. The ])arty who received the injury is called the plaintiff and the one who does the wrong the defendant. In a civil case the first step to be taken in order to secure justice before the law is for the plaintiff to file a complaint or information before the Justice of the Peace or some judicial ofificer. This is a written statement setting forth the facts as to what has been done to the one injured and asking the court for damages or to receive a judgment. The defendant is summoned to appear in the court and answer the charges. Plaintiff and defendant, generally, appear with their at- torneys who conduct the case for them. In civil cases the defendant may file a demurrer, which is a statement as to some irregularity of the law, or that the plaintiff Tin-: ADMlMSTIfATION OF AFFAIRS. 141 has not shown sufficient matter against him. b'inally after several cross and counter claims made by each side, both parties to the suit settle down to a single, definite point, which is affirmed by the plaintiff and de- nied bv the delendanl. Tl: is is called the issue, and on this the case is tried on its merits before the court au- thorities. While the case is tried before the Judge or Justice who acts as the presiding officer, it is the jury who gi\cs the verdict for the defendant or the plaintiff. This jury'-' is composed of six men in courts of the Jus- tices of the Peace, and twelve men in the District Courts chosen to try the case. Each side is allowed a number of challenges of the jurors. Either side may believe a juror would not give a fair or impartial decision ; that he was biased, prejudiced or interested in the case. This juror is rejected and another one is substituted, until the num- ber of challenges of each side is exhausted. In criminal cases the law presumes that the defendant is innocent until proven guilty beyond a reasonable doubt; but in civil cases the plaintiff proxes his case by a ])reponder- ance or weight of the evidence only. Hence the burden of the proof rests on the plaintiff. The one bringing the suit must prove that the alleged wrong was really com- mitted by the accused. The evidence to sustain the de- fendant's guilt or wrong is given by the plaintiff and his witnesses. The defendant answers these charges and in time has his witnesses to support his statements. After all of the evidence is submitted the attorney for each side argues the case before the jur}^ that the evidence of the case is on his side and for his client, and he is en- titled tc a verdict in his favor. When the evidence is all in and the arguments of the counsel have been made, the judge instructs or charges the jury as to the rules of law *The jury system popularizes the court, and gives the people to understand that they have not only an interest, but also a part in the administration of justice." — Taft. 142 THPJ GOVERNMP]NT OF WVOMING. whicli arc lo govern them in arrixing at their conclusion in their verdict. The judj^e states the law correctly, clearly and completely so that the jurors may properly apply the evidence and decide in accordance with the law the points that are at issue. In secret the jury delib- erates. When they come to an unanimous conclusion they return to the court room and give their written decision. This is the verdict. Sometimes the jury can- not agree and no verdict can then be given. When this is the case the jury is discharged by the court and a new trial can be called before a new jury. Following the verdict comes the judgment of the court, which is a sen- tence of the law. If it is a case that cannot be appealed to a higher court, and if no appeal is taken the judgment is executed by the sheriff or other officer carrying out the decision of the court. If the execution is against the body of the accused he is placed in prison, if it is against his personal property, he must compensate the party winning the suit for the injury given. When an injury is done to some one which not only injures him but in- jures the community, in which the wrong was com- mitted, it is no longer called a wrong, but a crime, and is a deed which the public punishes in its own name. Private wrongs are prosecuted by the person injured ; public wrongs are prosecuted by the State ; (the term "State" is used to mean "organized society acting through government.") A crime is an act which violates some law that affects the public and can be punished by the State which prose- cutes the offender in its own name. Crimes in this State are divided into two classes : felonies and misdemeanors. Felonies are those offenses which are i)unished by death or imprisonment in the penitentiary : misdemeanors are all other oft'enses. (R. S., Sec. 5 191.) ^Misdemeanors are punished by fines or imprisonment in the county jail or both. THE ADMINISTKATJON OF AFFAIRS. 14:5 The first step in a criminal action is tlic arrest of the person believed to be guilty of the crime. This is done by an officer of ' the law, who must have a written war- rant from the court stating the name of the offender and the name of the crime which he is accused of having committed. One committing a crime in the presence of an officer can be arrested without a warrant. If an ofifender escapes to another State, the Governor of the State in which the crime was committed issues a requisi- tion on the Governor of the State where the offender has gone, asking that he be surrendered or given over to the proper authorities. The offender is called the principal and those assisting him before or after the crime are accessories and are liable to punishment. If the offense committed is a minor one the ofifender is tried at once before the proper courts in the county in which the crime was committed and the fine or imprisonment is made by the court having jurisdiction over the case. If it is an offense of greater importance the arrested person is given a hearing or examination before the Judge or Justice of the Peace, called a preliminary hearing, when witnesses are heard upon the charge or complaint unless the ac- cused waives the examination. If there is not sufficient evidence to justify a criminal charge the prisoner is dis- charged. If there is sufficient evidence against him he is placed in the jail aw-aiting his trial, or given his liberty on bail, that is, some person guarantees a certain sum of money demanded by the court that the ofifender will appear in person in the court wdien the trial is to take place. Should the ofifender fail to appear and cannot be found, the amount of money guaranteed must be paid the State by those who pledged the amount. Excessive bail, in order to keep the prisoner in jail, cannot be re- quired. (Const.. Art. r. Sec. 14.) In capital crime, which is punishable by death, bail cannot be given when the proof is evident or the presumption great. Everv U4 Till'; (^lOVERNMENT OF WYOMINCi. prisoner who may think that he is illegally held has the right of "habeas coii^us," which permits him to have the legality of his imprisonment determined. (Const., Art. i. Sec. 17.) -Ml crimes, misdemeanors or oltences in this State are ])rosecuted either on an indictment or on in- formation. (R. S. Sec. 5189.) Indictments come from accusations by the grand jury and information comes from the prosecuting attorney or the attorney who is act- ing for the legal district in which the crime was com- mitted. The accused is brought before the court and the crime of which he is accused is read to him. He then enters a plea of guilty or not guilty. If he pleads guilty he is usually sentenced for the oiTense without further action of law. If he pleads not guilty he is tried before a jury. If the prisoner is not able to pay an attorney to defend him, then the State grants him one at the ex- pense of the county. The State has to prove that the prisoner is guilty beyond a reasonable doubt. The trial proceeds much the same as in civil cases. If the arrested party is pronounced not guilty by the jury he can never be tried again for the supposed offense. (Dec. R., Sec. II.) If he is pronounced guilty he has an opportunity, through his attorney, to make a motion for a new trial on the ground of some supposed irregularity in the law. If the court refuses to grant a new trial the judge pro- nounces the sentence or punishment which he believes the law requires. The law in most cases gives the judge some discretion as to the exact punishment to be given. There is a maximum and a minimum punishment. It may be from five to twenty-five years, or five hundred to a thousand dollars, or it may be both imprisonment and fine. The Judge can decide whether the punishment will be the "utmost limit of the law," and he may exercise his judgment and give a light punishment, the lowest fixed by law. THK Al)^[I\IS'ri{.\'ri().\ OF AFFAIRS. ]4.") There is one more chance for the accused in that he may ajipeal to the his/her conrt on an error in the proceed- ings, which is an asking on appeal for an examination In' the higher court of the proceedings in the case which he believes contain some irregularity and illegality of the law. The higher court, if the case is allowed to go there, reviews the case and either affirms or reverses the de- cisions of the lower court. Tlie decision or judgment of the lower court, if affirmed, is put into execution and the offender pays the i^enalty as prescribed by law, and if reversed, the defendant is granted a new trial. Often the prisoner is tried in another county than the one. in which the crime was committed, obtaining a change oi venue or place of trial, Ijecause he l^elieves, and so con- vinces the court by proof, that he cannot obtain a fair trial in the county where the offense was supposed to have been committed. . The people elect the judge to decide the points of law and to administer justice, yet the jury system gives to the people much authority in the judicial department. A trial by jury can be waived by consent of both parties to the legal contest in civil cases. (R. S., Sec. 3659.) The Legislature can never deprive the citizens of the State of this inherent right of jury trial. It is a Constitutional provision. (Dec. R.. Sec. 9.) The necessity for good government and wise and care- ful administration of the laws as given to us by our Judges must not be overlooked. The Constitutional re- quirements for a Judgeship are safeguards. The selec- tion of the individuals rests with the people. Wyoming has been singularly fortunate in the selection of her in- terpreters of the laws. Lynch law, force and violence are resorted to v%rhen a fear has grounded itself in the minds of the people that justice will not be speedily 1 46 'I' III-; . i C) V K K X M !■: N 'P OF \V Y O.M TNG. given to the offenders; that technicalities will exempt llie oiTendcrs and the real law will net ])nnish.* The law can be no better than a connnnnity. It the l)eople of the State did not desire law and (jrder our Stat- ute books might be filled with ideal laws, but they would be of no avail without the endorsement of the people. The people elect all the officers of the law, and these offi- cers, with their official acts, are an expression of what is desired by those who put them into office. Law-abiding people make law-abiding officers. A knowledge of what the law recpiires is the duty of each citizen in order to make obedience of the law possible. QUESTIONS. 1. Who arc the ineinbers of the Hu|)reine (!ourt? ^Vho is Chief Justice? How did he acquire his title? 2. Would it be better to have the Judges apj^ointed rather than elected? Why? 3. Who are the District Judges? What is their term of office? Name the District Judges. Wliich one ])resides over your district? 4. What safeguards are there in the State Constitution for the rights of the accused jierson? o. How is the petit jury chosen? May women serve as jurors? 6. Are there any women Justices of the Peace in this State? 7. Has the grand jury ever been called in your county? Why? 8. What is a civil case? A criminal case? 9. Why does the State act as plaiatiff in criminal eases? 10. What does the term "law-abiding citizen" mean? How can th(>y help in promoting good government ? *We have two cases of recent date ha our district courts where with- hi seventeen liours from the time the crime was committed the crim- inal liad hi.s trial, received sentence and was on his way to the peni- tentiary. In anotlier case, forty-eight hours only were allowed to elapse between the crime and a commencement of a fourteen years' sentence in the penitentiary. THE ADJMLNKSTHATiO.N OF AKFAIKW. U7 REFERENCES. W'j'omiiig, .louriial uiul Dcbati's of tlic Constitutional Conven- tion, pp. ;530, .338, 478, 495, 514. 53;*.. Blackstone, Abridged Commentaries. FoHttr, Pirst Book of Practice. Wyoming, Revised Statutes, 1899, Court oi' .Justice and Civil Procedure, Sees. 3280-3987. Morcy, The Government of New York, Ch. VI 11. .Tames and Sanford, Government in the State and Nation, Ch. VII. MacDonald, The Government of Alaine, Ch. VII. Kellogg and Taylor, The Government of the State and Na- tion, Ch. XIT. Hinsdale, The American Government, pp. 301-322. Robinson, Elementary Law. Visit a court when a trial is in progress. Smith, Training for Citizenship, Ch. XV and XVI. McClain, Constitutional Law in U. S., Ch. XLII and XLIII. Fairlie, Local Government in Counties, Towns and Villages, Ch. VI. ("IIAI'TER XVI 1 1. Elections. The people of \\ yoniing are the State and control it. They have made it what it is. They chose those who fill the offices of government. The kind of government given the State depends on the people who made the choice. If the selection is left to a few, then a few govern. At the polls there is ab.solnte equality. The vote of the highest official in the State has no njore force, power or authority than one cast by the humblest laborer. This is all that is meant when we say the will of the people is expressed in the ballot-box. If you fail to do your part in the gov- ernment of affairs, some one else will do it for you. It is useless to enter a tirade against the politician after elec- tion. Reforms can never be accomplished through this method. The backbone of good government is the in- terest that the respectable and intelligent voter takes in the nomination of candidates. This can only be accom- plished by attending the first meetings o£ the political part)-^ called to take steps toward an election. The mis- sionar}-" work in politics must commence at the caucus or primary.'^'' These primary elections resemble the town meeting", where all of the legal voters may be represented in person and have a voice. It is the only political meet- ing where all have a personal representation and where all can take part and exercise direct influence. When this meeting is ended the management of the election is in the hands of the committees and delegates chosen by the *The term caucus and primary ai-e often used as meaning tlie same kind of a gathering. A technical difference in tlie application of tlie words would be to call a causus the informal meeting of the party leaders of any one locality for the {)urpose of determining upon some delinite plan of action to be taken at the primaries. Primaries are where all people entitled to vote may have a direct voice in the man- agement of their party's affairs and is the formal gathering for a stated purpose. Till-: ADMIXISTKATION OK AKKAIHS. l-l<) caucus, or prinuu y. l^olitical machines are a good thing, if managed by a proper class of men. They are equally demoralizing when controlled by corrupt politicians. A political boss is a political leader acting through strong organization and controlling the machinery of thf gov- ernment, lie controls the nomination of candidates. for office and dictates who shall fill the appointive offices. Nothing prevents him and his followers from being pres- ent at the i^rimaries. If the reformer would commence as early as his opponent in his organization for reform, the chances of success w(-iuld be more than doubled. Complete and systematic organization is necessary for party success. Party action is also a necessity. It not i)nl3' enables the politicians to formulate a definite policy which is to aj^peal to the voters, but acts in addition as a check on the similar organizations and detects irregulari- ties and frauds. The two reforms which insure an honest expression of the wishes of the people at the polls are tlie system of registration and the Australian ballot system. Registra tion pre\'eiits illegal voting. All persons who claim they have a right to vote at a coming election must register their names and addresses before a board appointed by the County Commissioners of the district in which they expect to vote. An alphabetical list is made of all of these persons registered, and in large precincts is posted publicly where it may receive inspection. This list is carefully examined by the leaders of both parties and plenty of time is given to check on the list and see if only those who are entitled to vote are registered. (R. S., Sees. 249-259.) This method prevents the same person from voting more than once, as he can only vote in the precinct where he is registered and when he has voted his name is checked on the list by the election officers. The Australian ballot system is used in every State ex- cept five. This is called the secret ballot, and originated l.->() 'I'ili-; COVKirNMKNT OF WYOMING. in Australia in 1S37. NtU only may the votini^ be secret, but it must be. Secrecy is compulsory, and any one slunving' his ballot after it is marked and before handinj;' it to one of the judges of election is subject to imprison- ment of six montb.s in jail, or a fine of not exceeding five hur.dred dollars or botli. (R. S., Sec. 318, divs. 15 and 22.) All the States do not have the same requirements for the qualification of voters. Only five of the States re- qttire property cpialifications. Connecticut, Massachu- setts, Maine, Wyoming". Delaware and California require educational qualifications. The four States in the South, Mississippi, Ala])ama, South Carolina and Virginia, re- quire the voter to read or understand any special section of the Constitution. Some States require a poll tax, \Vyoming does not. (R. S., Sec. 387.) Utah and Idaho make religious (uialifications. T'olygamy, which is claimed to be a part of religion, is prohibited in these State Constitutions. Every State makes residence in the State one of the requirements necessar}^ for voting. Most of the States require residence of one year. Wyo- ming grants the right of suffrage to every citizen over twenty-one years of age who has been an actual resident of the State for one year and has lived in the county in which he wishes to \'ote at least sixty days just prior to the election and who is able to read the Constitution of the State. (R. S., Sec. 203.) The exceptions to this privilege are those who are of unsound mind, those who have been convicted of any felony and to whom the civil rights have not been restored by pardon, and also those who have made or become interested in any bet depend- ing upon the results of the election. (R. S., Sec. 379.) Hence the election franchise is denied to minors, insane, criminals, illiterate and non-residents. Wyoming, Colo- rado, Idaho and Utah grant women the right of suffrage. W^ashington as a territory granted this right, but it was not included in the State Constitution. Colorado did not. TilE ADMINISTRATION OF AFi<\\lKS. 151 liave universal suffrat^^e in her first Constitution; it was adopted as an amendment. In Kansas the women have municipal suffrage. Iowa and ^Montana allow the women to vote on financial questions, and many States grant e(|ual suffrage on educational (|uestions. The first stej) toward an election is the call for a primary* or first meet- ing of those who are interested in the success of a special l)olitical party. This call is printed in the papers and signed by the officers of the political organization calling the meeting. At this meeting delegates are elected to attend a convention where nominations are made for the of^ccs to be filled. If the election is to be for State oflfi- cers, the convention contains delegates from all the coun- ties of the State. If the nominations are for count}- offices the delegates meet in a county convention, and if the election is for city offices the several wards are repre- sented by delegates in city convention. All of these nominations are made some time before the time of elec- tion of those who are to fill the positions. At these con- ventions, particularly State conventions, the delegates put in written form for publication a statement of what the politics of the party they represent stand for; setting forth its doctrines and making pledges to the people of the State, if the ticket containing their candidates is elected. This statement is called the platform of tb.c party. The campaign is usually made on the issues as stated in the platform. The interval between the time of the nominations and the elections gives the opposing par- ties opportunity to appeal to the voter for his support. Not only are speeches made by the politicians, but litera- ture is widely distributed containing arguments which are used to convince the public of the importance of the success of the party soliciting the votes. The County Commissioners appoint two registration agents for each •See p. 148, footnote. l.-)L' THE GOVERNMENT OF WYOMING. elective district in which prior rej^istration is required. Registration is recjuircd in all towns incorporated, and in elective districts located on a line of railway where at least one hundred votes were cast at the last election. (R. S.. Sec. 249.) The other localities must register their votes on election da}' when application is made to vote. (Sec. 274.) If a N'oter who is required to register was detained l)y sickness or otherwise i)revcnted from regis- tering at the proper time before the election he is allowed to vote upon filing an affidavit with the judges of elec- tion, supported by two witnesses, that he was unable to register as required by law. (Sec. 2^2^.) If a qualified voter at a general election is unavoidably absent from his county or precinct lie may cast his ])allot in such pre- cinct where he may temporaril}^ be for County, District or State officers, members of Congress and Presidential Electors. He must have previously registered in his home precinct. (S. L. 1905, Ch. 88.) A printed list is made of all the regularly registered voters and posted for inspection and correction. This list is kept In' the judges of election and from this they judge whether the applicants to vote are legally entitled to that right. Each precinct has a place where all of the residents of that locality vote. This is called the polling place or election booths. There are as many of these places as are neces- sary and convenient for the voters. At this place are three judges who are appointed by the County Commis- sioners, not more than two of w'hom can be of the same political party. These judges select two clerks, who assist them during the election and in the counting of the ballots. Election officers have much to do with the successful independent voting, and their integrity and honesty should be above suspicion. Candidates may be nominated for office outside of the conventions. This method recpiires the signatures of at least 100 voters if the office which the candidates seek is to be filled bv the TIIH; AIJML\ISTi:ATi().\ OF AFFAIRS. lo.', entire vote of the State, or by twenty-five when it is a count}^ ofiice. All nominations made for office for pro- posed constitutional amendments and (luestions sub- mitted to popular vote must be certified to by the officer^ of the conventions and filed with the proper authorities: nominations for State offices must be filed with the Secretary of State, and for county offices, includinj^ men--- bers of the Legislature, with the county clerks. The general election in the State is held on the Tuesday after the first Monday in November in the even numbered vears. Every four years after 1900 at the general elec- tion there will be elected the presidential electors to wdiich the State^may be entitled. (Sec. 196.) The State officers, including the Governor, Secretary of State. \\\- ditor, Treasurer, State Superintendent of Public In>i.ruc- tion. are elected every four years after the year nine- teen hundred and two. If a vacancy occurs in any State office within two years after the office was filled, an elec- tion takes place to fill the office at the time of the general election, held when the Presidential electors are elected. (Sec. 195.) Justices of the Supreme Court and District Judges are elected at either general election which pre- cedes the expiration of their respective terms. ( Sees. 200, 201.) At each general election, every two years, the following county and precinct officers are elected by the votes in their respective counties and precincts : The Clerk, Commissioners. Surveyor, Sherifif.. Treasurer, Prosecuting Attorney, Superintendent of Schools, Coro- ner, and in counties of the first class Clerks of the Dis- trict Court. Justices of the Peace, and Constables. (Sec. 202.) There are also elected at each general election a Representative to Congress and members of our State Legislature from each county. CSec. 195.) In some of the cities of the State which were incorporated under a special charter, the election of Mayor and Councilmen takes place at the same time as the general election. The |.-i4 THIO (iOVKHNMKNT OF WYOMING. term of the Mayor and Councilnicn is for two years, hence the municipal election is held at every general election. There are thus elections when the electors of the State vote for national, State, county and municipal candidates. On election day, when the voter presents himself at the ])ollinia: place in his ])recinct, he is given an of^cial ballot printed on white paper. This is handed to him by one of the judges of election, the official stamp appearing on the back of the ballot. This ballot is taken to the booth or stall : there the voter designates on the ballot by a cross (X) the candidates he wishes to be elected. These ballots contain a list of all of the nominated candidates for all of the offices and also the propose4 Constitutional amendments or public questions. All of the political parties casting lo per cent of the votes in the State at either of the last two general elections are entitled to a separate column on this ballot in which to place their party nominations. The columns are headed with the ])arty name, as "Republican" or "Democrat." If one wishes to vote a straight party ticket he places his "cross mark" or an X in a small square below the party name at the head of the ticket. If he wishes to vote for his party ticket, with a few exceptions, he places the cross as before and erases the name of each candidate for whom he does not wish to vote. If he desires to vote for candidates of some other party for these offices so erased, he places a cross to the right of the names in the other column, or other political party. This is called a "scratched ticket." If he wishes to vote for some one not named by any of the parties, he may place in waiting for the name he erases another name. There is nothing to prevent a voter from writing on his ballot the name of any person for whom he desires to vote for any office. (Sec. 289, Div. 10, Sec. 321.) Xo one is permitted to assist the voter in preparing his ballot, unless physically unable to write. In that case two of the election judges ma)' do THK AI):\r[NISTlx'ATI().\ Ol' AKI-'AIHS. ir,o the marking- in accordance with the voter's direction. (Sec. 328.) The Constitntional amendments are voted upon by the words "yes" or "no" being placed after the proposed amendment. The elector may take a sample ballot into the voting booth with him to assist him in marking his ballot, but the same must be marked "sample ballot" and be prmted on red, yellow or blue ])aper. (R. S., Sec. 338.) The elector folds his ballot so that the stamp of the judge which was placed on the back can be seen by the judges when it is placed in the locked ballot-box. (S. L. 1907, Ch. 54.) Thus the ballot is cast and the vote has been made. This is the Australian ballot system. No one can dictate how the ballot shall be marked and know that his dictations are carried out. No one can buy a >ote and be sure that the elector voted as he promised. Without this system ballots could be prepared by men who are interested in the election of certain individuals and placed in the hands of the electors, to be dro])ped in the ballot-box without the slightest knowledge on the part of the voter for whom the votes were being cast. The secret ballot system robs the political machinery of its monopoly and avoids the dictation of the employer to the employed. With the Australian system every candi- date has an equal chance, coercion ceases and the ballot is in reality a "free and honest expression of the convic- tions of every citizen." QUESTIONS. 1. What is the Australian Ballot system? What are its ad- vantages? 2. Is fraud prevented by registration? 3. What are the qualifications for an elector? 4. What is a primary? A State convention? ;■). What is a ballot. (5. Were any State elections ever held by voting by voice rather than by ballot ? !,-)() ' r 1 1 !•; ( i () V i<; li x m k x t c > i'^ \v v ( ) m i n ( ; . 7. VVliJit is the object in luiviiig the oOicial buliot white and tlie sample ballots colored? S. iVla}^ an election bo ludd in a saloon? 9. Define a general election. 10. What are the duties of a. Presidential elector? How many times have they been elected in this State? n. Who votes for State officers? For County officers? For members of the Legislature? 12. Give a list of County officers and luunc those who occupy tiie jjositions in your county. 13. What is the difference between a majority and a jilurality? 14. Does a government of the minority exist in the State? Why ? 15. Ts an educational qualification for voters better than a property one? 16. State a reason why aliens should not vote? REFERENCES. Wyoming Eevised Statutes, 1899, Sees. 165-169, 1 95-420. Hinsdale, The American Government, Ch. LIV. Hart, Actual Government, Ch. IV. Ashley, The American Federal State, Ch. XXII. MacUonald, The Government of Maine, Ch. VI. Morey, The Government of New York, Ch. V. Kellogg and Taylor, The Government of the State and Nation, Ch. XIII. James and Sanford, Government in State and Nation, Ch. V. Hart, Practical Essays on American Government, Ch. II. Bluntsehli, The Theory of the State, Ch. XXII. Bryce, The American Commonwealth, Vol. II, Ch. LIII. Wilson, The State, Sees. 1121, 1143, 1144. Smith, Training for Citizenship, Ch. X, XXI, XXII. McClain, Constitutional Law in U. S., p. 284-287. Moses, Government of the U. S., p. 332. Fornian, Advanced Civics, Ch. XXX and XLV. CHAPTER XIX. Education and School Laws. I'Vee education in A\ yoniiiii;' extends from the kinder- .G^arteu through the universit}' ; from the age when blocks and bright colors hold the attention of the little one to the age when cap and gown and diploma an- nounce that college education is completed. The course of instruction given by the State covers a continuous period. No private instruction is required to take the successive steps from priuiary room, through the grades, the high school and the university. The schools are sus- tained and supported at the expense of the State and the National go^•ernment. The source of revenue is derived by taxation and by rents and sale of the school lands. The tax is i)aid by the people of the vState and the lands were a donation from the government. The basis of our endowment for our public schools dates back to 1785. when a provision was made for sur- veying and dividing the public lands into townships or tracts of land six miles square, each containing thirty -six sections one mile square. Section sixteen in each town- ship was given to the States in 1787 for common school purposes. In 1848 this gift was extended so as to include section thirty-six. All of the States admitted to the Union since 1802 have received this gift of sections six- teen and thirty-six for school purposes. Surveys to locate boundaries of States and counties in States before the Ordinance of 1785 were made in a most irregular way. sometimes following streams, where when the channel changed the boundary line, the line would be in question, or by blazing trees, which when destroyed removed the definite location of the division line. This "rectangular system" of surveys has removed the uncertainty of the boundary lines between the States and between private parties. All public lands are surve3^ed and sold by this loS TIIK C'OXHTITlJTIOiV OF WYOMING. system. Streams, county roads and f^rms are located by township lines. Each section contains 640 acres, hence out of each township 1,280 acres are set aside for the common school system of the State in which the township is located. A further division is made of each section which is subdivided into halves and quarters. 6 5 4 3 2 I 7 8 9 10 I! \z 18 17 tx 15 14 13 19 ao ai aa as 24 30 E9 as Z7 ae £5 31 3a 33 34 35 X 60 ACfl^S A quarter section of land contains 160 acres, and this is the legal subdivision of land by which homestead claims THE ADMINISTRATION OF AFFAIRS. loit are filed upon by the settler when he wishes to obtain lanci from the government.* When Wyoming became a State she disclaimed forever any right or title to the unappro- priated public land within her boundaries. (Const. Ord., Sec. 3.) Any title that the State may have to land comes through the government, which has been generous in its endowments of acres to be used for State purposes. By Constitutional limitations the minimum price at which this State land can be sold is ten dollars per acre. This is a wise provision, for the sales of the public school lands donated to the older States were badly mismanaged and sold in some States at so low a price as to amount to almost nothing. The common school lands in AVyoming embrace 3,457,999 acres. About two-thirds, 1,999,511 acres, of this school land is leased or rented (1907). All of the school land could be rented if it were of a desir- able kind ; but much of it is mountainous and unfit ^or grazing or agricultural purposes. The average rent per year for this land is about fi\-e cents per acre. The school lands rented amounted in i(;o3 to $68,133. The money derived from the sale of the school lands cannot be spent, but must be safely invested as a permanent endowment fund, the income or interest from which is applied to the common school purposes. In addition to this land gift in the State, the government also gives for the support of the common schools fi\e per cent of the proceeds of the sales jnade by the United States of public lands lying within the State. In 1881 Congress granted Wyoming seventy- two sections or 46.091 acres of land to be used for uni- versity purposes. \Mien the territory became a State the provision was made that this land also could not be sold for less than ten dollars ])er acre, and the proceeds of the sale must constitute a ])ermanent fund, to be safely *The land is sold to the settler in the V. S. Land Offices whifli are located at Clieyenne. Evanston, Douglas, Lander, Buffalo and Sun- dance. im) 'I'lIH (i<)\'i;Ri\MKNT OF WYOMING. iincsled. J5y the Act of Admission of the State of Wyoming 90,000 acres of land were granted for the use and support of an Agricultural College. The provisions for the use and disposal of this land arc the same as the common school land. In addition to these land donations the State has re- ceived the following frcm the government for the estab- lishment and maintenance of the Insane Asylum 30,000 acres f'enitentiary, Albany and Car- bon County 60,000 " Fish Hatchery 5,000 " Deaf, Dumb and Blind Asylum. 30,000 " Poor Farm 10,000 " Hospital for Miners 30,000 " State, Charitable, Educational, Penal and Reformatory Insti- tutions 260,000 " (Act. Ad., Sec. 11.) Thirty thousand acres from the 260,000 have been set aside by the Legislature for the use of the Soldiers and Sailors' Home and fifteen thousand acres for the Miscel- laneous State Library. (R. S., Sees. 695, 478.) By an act of Congress, passed July 2, 1862, each State was given 30,000 acres of land for each Senator and Representative to which it was entitled by the apportionment in Con- gress in i860. This is the famous Morrill or Agricultural College Act from which the State has received benefit since 1890. This was the greatest grant ever given for the cause of education. The land allotted to all of the States under this act amounted to 10,110,852 acres. The civil war was in progress when the law was passed and provision was made for instruction in militar}^ science in all agricultural colleges to be established under its pro- vision. It is for this reason that militarv science and TllK ADMINISTRATION OF AFFAIRS. ini tactics are taught at our own State University; the Col- lege of Agriculture is a "land grant" college and one of the departments of the University. We have never sold any of our 90,000 acres acquired under this act, but derive an annual revenue from the interest which accrues from the investment of the money which was obtained by leasing the land. Hon. Justin S. Morrill again introduced a bill for agricultural purposes which became an act August 30, 1890. This act gives each agricultural and mechanical college established under the provisions of the act of 1862 an additional endowment of $25,000 annually.* Some estimate of the value of this Federal gift to the States can be realized by the statement that 50,026 men and women have graduated from "land grant" colleges and 46,699 are now taking advantage of education as given under the "]\Iorrill Act." For purposes of research work in agriculture and allied sciences most of the agricultural colleges receive further assistance through the Acts of Congress of March 2, 1887. known as the "Hatch Act" and the "Adams Act" of March 16, 1906. These will give an annual endowment of $30,000 to be used for work and investigation in the experiment stations.** An Experiment Station depart- ment was established at our State University in 1891, and experiments are being carried on with a view of aiding and developing agriculture, stock raising and the related industries of the State. The results of these experiments are published as bulletins and are distributed to the resi- dents of the State and those interested in these subjects. *By an act of Congress dated March 2, 1907, known as tlie "Nelson Amendment," .$5,000 additional has been added to this appropriation and each year for four years the same amount is added until the sum reaches $25,000, making a total appropriation of $50,000 for these purposes. **The "Hatch Fund" carries an appropriation of $15,000. The "Adams Fund" in 1907 is $9,000. Annually $2,000 are to be added to this amount until it also reaches $15,000. |(iL> 'I'HK <;()\HKXMKNT OF WYOMING. Each county is di\iclc(l into School Districts. liach district is controlled b}' a board of trustees or directors, members of which live in the district where the schools are located. In districts containing' less than one thou- sand inhabitants three trustees compose the governing board ; districts having more than one thousand inhabit- ants have six trustees. Their term of office is for three years and they receive no compensation. (R. S., Sees. 525, 526.) In the management of school afifairs the citi- zens exercise the right of direct legislation. All ques- tions of money to be raised by a special tax; (piestions of expenditures, improvements and buildings and the num- l)er of schools to be maintained are voted upon by the people of the district at the annual school election held the first Monday in May when the election of trustees takes place. (Sec. 531.) The qualified voters of any dis- trict are responsible for the condition of their ]:)ublic schools, because they have it in their power to directly regulate the amount of money to be used in the district for educational purposes, and elect by direct \'ote those who are to carry out their expressed wishes. Each county has a county superintendent of schools who serves for a term of two years and is elected by the people of the respective counties. The salar}- varies from nine hundred to five hundred dollars a year. (The amount being regu- lated by the population and \'aluation of the school dis- trict.) The first school taught in \\"yoming w-as at Fort Laramie in 1852. Post Chaplain Richard Vaux con- ducted a post school, composed of the children of the of^cers of the military post. (3ne cannot be county superintendent and at the same time a teacher in the public schools. (Sec. 1190.) An- nually the county superintendent sends to the State Superintendent of Public Instruction a written report of the condition of the schools in his county, which is com- piled from the reports sent to his office by the several THE ADMrNISTKATlO.N UF AFFAIRS. 16;; school district clerks. (Sec. 1 192. ) The C(ninty superin- tendent divides the county into school districts , and may change or alter the boundaries of those now formed when so petitioned by two-thirds of the legal voters of the district. (Sec. 1195.) In December of each year he apportions the county school tax and all money in the hands of the county treasurer to the schools in his district and divides monies that have been apportioned and dis- tributed to his county by the State Superintendent for school purposes. This apportionment is made in accord- ance with the number of pupils in attendance at the schools in his district. (Sec. 1 194.) No portion, of money received from the State Superintendent can be given by the county superintendent to any district which has not maintained a school at least three months of the year. (S. L. 1903, Ch. 91, Sec. 6.) County superintend- ents annually conduct a county institute for teachers. An applicant who wishes to teach is examined in spell- ing, reading, penmanship, arithmetic, grammar, geogra- phy, civil government, history and constitution of the United States, the constitution of Wyoming, physiology, hygiene, the theory and practice of teaching. An average grade of eighty-five per cent and no grade lower than sixty per cent entitles the applicant to a second-grade certificate, which enables the holder to teach for two years without an additional examination. A third grade certificate is granted to those receiving an average of seventy and who has not fallen below fifty per cent in auN grade; this entitles the holder to teach one year without further examination First grade certificates do not re- quire an examination for four 3'ears. In addition to the requirements for a second grade certificate, examinations for a first grade certificate must be taken in rhetoric, algebra, ph3\sical geograph}-, plane geometry, English literature, political economy, and any two of the following- branches : botany, zoology, natural philosophy, biology. I(.i4 TllK GOVKRNMKNT OF W VOM 1 NO. chemistn-, |)syclioIog;y and bookkeeping. (S. L. 1901, Ch. 57; S. L. 1903, Ch. 90, Sec. i.) A State or profes- sional certificate is issued by the State Superintendent of l/'ublic Instruction ui)on the recommendation and exami- nation by the State Board of Examiners, and entitles one to teacli six years without examination. The State Board of Examiners (Schools) is composed of three members who are ai)pointed by the State Super- intendent of Pul)lic Instruction for a term of two years. The Sielection must be made from principals of high schools, city and county superintendents and the faculty of our State University. While actually employed in the performance of their duties they each receive five dollars a day. The board must meet at least annually in the office of the State Superintendent at the Capitol building; adopt rules and regulations for the granting of the cer- tificates to teachers ; prepare examination questions which shall be sent to the county superintendents of the several counties where examinations shall be held at least t.wice a year ; they shall receive all papers written by the appli- cants for certificates in the various counties, and grade such, or appoint some suitable person to so grade or mark them ; return the papers within two weeks to the county superintendents, with the results of such ex- aminations ; when the examinations are of sufficient standing recommend to the State Superintendent the issu- ing to the applicants certificates of the proper grades (these examination papers must be kept on file in the State Superintendent's office for a period of one year sub- ject to the inspection of the general public) ; recommend to the State Superintendent the issuing of certificates of the first grade to graduates of our State Universit}'^ who have received the degree of Bachelor of Arts, or Bachelor of Science, or Bachelor of Pedagogy, or Bachelor of Arts in Education ; to recommend also to the State Superin- tendents the issuing of certificates of the grade they deem TIIK ADMIMSTRATIOX OF AFFAIRS. icvi deserved, io i^raduates of reputable colleges and normal schools, when evidence of graduation is accompanied by evidence of proper experience. The Board's further duty is to recommend annually a list of books for the basis of work of a State Reading Circle for Teachers, and also, a list of books suitable for general reading for pupils of the various grades. The State Superintendent of Public Instruction shall issue teacher's certificates of the proper grades on the recommendation of this State Board of Examiners, which certificates shall entitle the holder to teach in Wyoming for the time fixed by law for that particular grade of certificate. (S. L. igo/, Ch. 65.) The State Superintendent of Public Instruction* has general supervision of all of the district schools of the State. He has authority to make all necessary rules and regulations to carry out the State school laws. (R. S.. Sec. 91.) Once a year he distributes to the county super- intendents for the use of the public schools all the money in the State treasury to the credit of the school income fund.'^ This money includes the five per cent derived from sales of the public lands by the United States and the rents of the unsold school lands. The money is apportioned in the same manner as the county tax, which is distributed to each school district pro rata to the num- ber of school children of school age in the district. (Sec. 93.) Five per cent of the money obtained by the govern- ment for leasing the forest reserves for grazing or per- mitting timber to be removed therefrom goes to the gen- eral school fluid of the county in which the reserve is located. (S. L. 1907, Ch. 7.) The State Superintendent of Public Instruction is a member ex-ofificio of the trus- tees of the State University. (Sec. 488.) He is also a member of the State Board of School Land Commis- *So.' p. 11.". anil l.V.t UKi Till-: CiOVKKXMKNT OF VVVOMlNti. sioners, of the Tublic Land C'onmiissioncrs for the selec- tion of State lands and of the Board of Charities and Reforms. (See State Officers.) The ptiblic schools are free and accessible to all chil- dren residents of the State who are over six years and under twenty-one years of age. Compulsory Education is sometimes necessary when children and parents do not realize the necessity and advantages of a public school education. Every parent, or guardian, or those having control of children between the ages of seven and fourteen years inclusive, are required to send such children, or child, to a public, private or parochial school, each school year for the first six months during which public schools of the school district wdiere the child resides shall be in session. If a child is too ill to attend school during this term of years as indicated a physician's certificate must be fur- nished to establish such fact; or, if making a child attend school in accordance with this law should work a par- ticular hardship such child may be excused. In order to enforce this law the sheriffs of each county, or constable within the respective precincts, or a specially appointed truant officer, shall see that the required pro- visions are enforced. A fine or imprisonment may be imposed for a violation of this law. (S. L. 1907, Ch. 93.) Free kindergartens for the instruction of children from four to six years of age are a part of our public school system. The cost of maintaining these schools is paid from the special school fund of the district having the kindergarten, and the sum so expended is annually deter- mined by the electors of the district at their annual meet- ing. (Sec. 593.) The county superintendent and the district school board or directors determine whether a high school shall be established in the district. The teachers at the county institute may determine the studies to be pursued and the State Superintendent has power to TIIK ADMIXKSTKATIOX OF AFFAIK8. 1(57 carry into effect the courses of study so determined. (Sec. 551.) The high schools of the State prepare stu- dents to enter the freshman class of the State Universit}' without examinations. Until more high schools are es- tablished in the State, the University will be obliged to maintain three preparatory years, the first of which ad- mits pupils who have graduated from the eighth grade of our public schools. The University finishes the sys- tem of public schools in our State. The University" with its several departments was es- tablished in 1886 and received students in the fall of 1887. The State Normal School, the College of Liberal Arts, the School of Mines, the Agricultural and Me- chanical College, the Husiness College and the School of Music, are a part of the University. All of the institu- tions of higher learning are centered in one locality and each is part of the L'niversity. There are no denominational colleges in the State. All educational institutions supported wholly or in part by the State, above the second grade, must give instruc- tion in physiology and hygiene with special reference to the effects of alcohol and narcotics upon the human sys- tem. (Sec. 612.) The humane treatment of animals must also be taught and the instruction must consist of not less than two lessons of ten minutes each per week. (S. L. 1901. Ch. 8.) That no one may be denied the privilege of a common school education on account of expenses attached to the purchase of school supplies, free text-books are furnished to all public school ])upils by the school boards. (S. L. 1901, Ch. 38.) In order to prevent as far as possible cruelty to chil- dren and dumb animals there has been established a Board of Child and Animal Protection. This humane organization has for its board of directors the Governor, ♦Frederick Monroe Tisdel. Ph. D., (1907,) President. im THE GOVERNMENT OF WYOMING. State Superintendent of Pul:)lic Instruction, and Attorney General, whose duties are to secure the enforcement of laws for the prevention of wrongs to children and dumb animals who are unable to defend and protect them- selves. This Board shall also assist in the organization of district and county Humane Societies and appoint a State and local agents to assist in carrying out the provi- sions of the law. (S. L. 1907, Ch. 82.) Provision has been made by which the birds and their nests and eggs are protected. A fine of five dollars or imprisonment for ten days, or both, may be imposed upon any one killing or catching birds, other than game birds, or taking or destroying their nests or eggs. The State Superintendent of Public Instruction may issue a cer- tificate which will permit the holder to collect birds, nests or eggs for scientific purposes. (S. L. 1901, Ch. 37.) The legal holidays of the State, when schools are not in session, are January first, New Year's Day; February twelfth, Lincoln's Birthday; February twenty-second, AVashington's Birthday ; thirtieth of May, Decoration Day; Fourth of July, Thanksgiving Day; twenty -fifth of December, Christmas ; days on which our general elec- tions are held and Arbor- Day. The date for Thanksgiv- ing Day is designated by the President of the United States. It is usually the last Thursday in November. The exact date for Arbor Day is made by the Governor, always in the spring, in time to plant trees.* (S. L. 1901, Ch. 93.) As a stimulus to patriotism the law requires that the trustees in each school district shall cause the American flag to be placed on the schoolhouse of their district and remain there each day while school is in session. (S. L. T903, Ch. 83.) *The State Superintendent of Puljlic Instruction has recommended to the teachers of this State that the Arbor Day exercises be combined with a' program for Bird Day. THH ADMINrSTHATlOX OF AFFAIRS. ]m Any one desecrating" or publicly or wilfully mutilating or tramping upon or tearing down any flag of the United States or vState flags of Wyoming is subject to a fine or imprisonment or both. This desecration includes having placed upon the flags inscriptions, words, portraits, ad- vertisements, names, symbols or inscriptions. (S. L. 1905, Ch. 47.) QUESTIONS. 1. What is the Public School system? 2. Explain how tlic school acquired title to Scetious 16 and 36 of each Township. 3. Draw a diagram of a Township, locate the School Sections and the southeast quarter of the southwest quarter of Section 8. 4. How many acres of land are there in the southwest quar- ter of the southeast quarter of Section 16? 5. What is the lowest price at which school land can be sold? 6. Name the State institutions that received land grants from the Government. 7. Explain how revenue for the Agricultural Colleges and Experiment Stations is obtained. 8. What is a School District? 9. Who elects School Directors? Who elects the County Super- intendent? The State Superintendent of Public Instruction? 10. What are the duties of each of these officers? 11. Of what use is a teacher's certificate? 12. Who are exempt from teachers' examinations? 13. What is a kindergarten? A graded school? A high school? A university? 14. What are the public schools of the State required to teach? 15. Name the legal holidays in tliis State. How long has the State observed Lincoln's Birthday? 16. State the regulations in regard to the protection of birds of the State. How could you be allowed to make a collection for the schools? REFERENCES. Ashley, The American Federal Government, pp. 371-375; Sees. 187, 449. Boone, Education in the United States. Butler, Education in the United States, II, p. 613. ■(I THK tiOVlOKNMKNT OF W VOMlNCi. lliiis(l;ilo, Tlie American Govciiinunit, CAi. LVI. Hart, Actual Government, Sees. 154, 231. Fiske, Civil Government, pp. 81-88. James and Sanford, Governinent in the Stiite and Nation, Chs. IX, XXVIII. Hart, Practical Essays on American Government, X. Smith, Training for Citizenship, Ch. IV. and VT. Moses, Government of the U. S., p. 325-327. Forman, Advanced Civics, Ch. XLVI. Fairlic, Local Government in Counties, Towns and Villages, Ch. XH. Knight, The Birds of Wyoming (Free on application to the University). Wyoming School Laws, compiled by the State Superintendent of Public Instruction. CHAPTER XX. Irrigation and Forest Reserves. "In the arid West water is g'okl." For her sujjerior laws regulatinja: the use of water, Wyominj^^ has been called the law-giver of the arid region. Our State Su- l)reme Court has acted upon but few water cases. This must not be taken to indicate that there are no conditions existing in the State where litigation over water might arise, but that the water laws are so wisely constructed that the appropriators of water know what their rights are and thus avoid endless lawsuits. That this condition of alYairs exists in our State where over nine thousand people have water rights and take water from more than six luindred streams, speaks well for the Constitution- makers and law-builders, as well as for the owners of the ditches. The Declaration of Rights in our State Consti- tution, Sec. 31, recognizes the importance of the question of water in an arid region, and places absolute control of the waters with the State. The waters from all of the natural streams, springs, lakes and collections of still water within the borders of the State are State property, and are controlled by a board which supervises the appro- ])riation. distribution and division of these waters. The board consists of the State Engineer and his four division superintendents, all of whom are appointed by the Gov- ernor with the consent of the Senate. The board acts as a court and has original jurisdiction in water right con- troversies. The State Engineer, whose office is in the Capitol Building, keeps a record of all appropriations of water. Priority of appropriation for beneficial uses gives the best title to water, but actual use of the water so appropriated must be shown before an appropriator's title can be recognized. Those who first utilize the waters of a stream for useful purposes are the prior appropriators. 172 Tin-: COVKRNM I'^XT OF \VV(>.MIN(;. The water is comeycd thrcmj^ii (lilchcs that connect the streams with the land which is to 1)e reclaimed or irri- gated. Trior right dates from the time when construc- tion commenced on these ditches. If due diligence is not shown in making these ditches, the right commences with the time when water was actually conveyed through the ditch to be used on the land. The State Engineer keeps a record of all the ditches and their capacity for carrying water. Each stream is gauged, and the amount of water flowing through its channel is carefully meas- ured. The amount of land that can be irrigated by these waters is also estimated. These records give the infor- mation by which a just division of water can be made by the Engineer to the land owners of the State. The law requires the State Engineer to make and keep in his office a map showing the course of each stream gauged, the location of each canal and ditch and the legal sub- divisions of land which have been irrigated. (R. S., Sec. 8/1.) The amount of water allowed to each ap- propriator is one cubic foot per second of time for each seventy acres of land for which the appropriation is made. In order to establish a legal claim to a ditch and to ob- tain a right to use water from a stream, application for this privilege must be filed with the State Engineer, who grants a permit. Sometimes all of the water of a stream is appropriated, and to allow further use of it would in- jure rights previously granted. In this case the Engi- neer can reject the application and refuse to permit fur- ther use of the water from the stream. Appeals from the decisions of the Engineer can l)c taken to the State l')oard of Control and from this board to the district courts. To use water from a stream in Wyoming with- out a permit from the Engineer is a misdemeanor. (R. S., Sec. 971.) A title to water is given to the lawful appropriator. and he becomes a partner with the State as part owner of the stream from which he has taken the Till-: AD.MIMSTHA'noX OF AFFAIRS. 17.-) water. When all of the reciuirenienls of the law are ful- lilled, ihc State lioard of Control issues a certificate and t^ives the ap])licant a rig'ht which cannot be taken from him except h}' failure on his i)art to keep his canals and ditches in repair, and failure to use the water for two .successive years. Our I.egislature passed an act ( S. L.. 1903, Ch. 69) au- thorizing i)ersons or corporations to construct reservoirs for the storage of the unappropriated waters of the State, to be used for beneficial purposes. Applications and permits for this work must be approved by the State Engineer in the same manner as the water applications. The most important provisions of the irrigation law^s of Wyoming stipulate that water belongs to the land irri- gated and not to the ditch or individual ; that there must be a central office of record where all information con- cerning the flow of streams and the area of the land irri- gated by each, can be obtained; that claims of water are to be settled before complications arise, the State taking the initiative; and that all claimants are represented in the process of accpiiring their title. The United State- Government under the Desert Land z^ct gives 320 acres of land to any one who will irrigate the land and pay $1.25 per acre. Originally a person could file on an entire section, or 640 acres, but during recent years this amount has been reduced, and if a set- tler has a homestead of 160 acres he can only file on and purchase 160 acres of desert land. Thousands of acres of desert land in Wyoming have been acquired through this act. The title to land comes from the government. The title to water comes from the State. The patent to the land comes from the United States ; the patent to the water comes from Wyoming. Congress in 1894 passed an act commonly known as the Carey Act, which donated to each of the States in the arid region one million acres of land for actual settlers. 176 TlIK COVEKNMHNT OF WYOMING. The provision attached to the ^ih was that the land should be irrigated, reclaimed and settled by actual set- tlers in small tracts. The selection and management and disposal of this desert land in Wyoming; is vested in the State Board of I.and Commissioners. The ditches built for use in reclaiming aj-e not built by the State, but by irrigation companies, who agree to sell them to the set- tlers at a reas(3nable price. Wyoming was the first State to accept the provisions of this act, and at the present time has 800,000 acres segregated for this purpose. Title to this land after being reclaimed passes to the State and then to the settler, who pays fifty cents an acre for the land. In 1902 Congress passed another act, the national irrigation law, appropriating the receipts from the sale of public land in thirteen States and territories for the construction of irrigation works to reclaim the arid lands in these States. This money is to be spent in surxeying, constructing and maintaining works which are to l)e used for the storage of waters for irrigation and for the con- struction of canals to carry the water to the lands. Sur- veys for three large reservoirs have been made by the Government in this vState. The largest reservoir is now ( 1907) being built above Alcova called the "Pathfinder" in Natrona County, located on the Platte River near the mouth of the Sweetwater. It will have a capacity of about one million acre feet of water. An acre foot of water is enough water to cover an acre of ground one foot deep. When this reservoir is built, it will be the largest in the world, and will have a capacity of 137,000 more acre feet than the famous Assuan reservoir in Egypt, and this is the largest that has ever been constructed. The second survey was made in Johnson County, to use Lake DeSmet as a reservoir and the waters from Piney Creek. This proposed site has been abandoned by the Govern- ment. The third proposed location is in Big Horn Countx'. near Codv. and will utilize tlic water from the THE ADMIMSTIv'A'noX OF AFFAIKS. I77 Shoshone River. A huge area of 350.000 acres of land will be irrigated from the Shoshone canal, when com- pleted, on the former Shoshone Indian Reservation north of Wind River and west of l.)ig Horn River.* Lands in the arid region are practically useless without water. 'J'he value of land depends upon the question of the water supply. Irrigated lands in Wyoming sell on an average for from twenty to fifty dollars an acrc.f Forest Reserves. — "The forest and water problems arc perhaps the most vital internal questions of the United States." The Government has recognized the impor- tance of this question and has set aside lands in the I'nited States amounting to over 63,000,000 acres to be used as forest reserves. Formerly there was a provision by which 160 acres of government land could be pur- chased under what was known as the Timber Act. This law^ was repealed in 189 1 and provision was made for the Federal Forest Reserves. In Wyoming there are (1907) three large and two small tracts of land reserved for this ])urpose : the Big Horn, reserved by proclamations of 1897 and 1904. of 1,216,960 acres situated on both sides of the Big Horn mountains in Big' Horn. Johnson and Sheridan counties ; the Medicine Row, proclamation of 1902, with 420,584 acres lying in the southwestern part of Albany and southeastern corner of Carbon counties :** the Yel- *The location of these canals must not be confused. The one con- nected with the Shoshone River is in Big Horn County. The "Sliosh- one canal" is in Fremont County adjacent to the northern boundary of the reduced Shoshone Reservation. (See page 51 footnote.) tThe Wyoming Development Company, managed by private indi- viduals, has the largest reservoir in the State and one of the largest in the world. It takes the water from the I^aramie river and irrigates about 60,000 acres. The Secretary of the Interior has allotted .$1,000,000.00 for the con- struction of a reservoir to be known as the Pathfinder, to be located about forty miles southwest of Casper, for the utilization of the waters of the North Platte river. (See p. I7('i.) **Th!s reserve had 140,000 acres added to it by the President's proclamation of March, 1907. 178 THK GOVERNMENT OF WVOMINU. lowstonc, proclamations of 1891 and 1904, containing 7,017,600 acres embracing practically all of northern Uinta, the western part of Big Horn and northwestern portion of Fremont counties ; the small area in the ex- treme southeastern part of Crook county called the Black ?Iills Forest Reserve, under proclamations of 1897 and 1898, and the Bear Lodge Forest Reserve in northeastern Wyoming, proclamation March, 1907, of 137,000 acres. These lands are under the control of the National Gov- ernment and are regulated by three of its departments. The Department of the Interior, through the General Land Ofifice, has general supervision over and regula- tion of these reserves. The Geological Department sur- veys the land and does the topographical work locating the streams and roads and calculates the amount of tim- ber, which has been burned or can be safely used for commercial purposes. The Department of Agriculture, through the Bureau of Forestry, makes a technical inves- tigation as to the character and distribution of the trees, and makes recommendations as to the best methods for preserving the forests. Sheep and cattle are allowed to graze on the forest reserves, but must pay the Gov- ernment for this use. Under federal regulations trees may be cut down for timber and lumber. Ten per cent of the money derived from these two sources must be turned into the State and used for the benefit of the pub- lic schools and public roads of the county in which the reser\c is situated. One-half of this ten per cent is ap- plied to the general school fund and one-half for the betterment of public roads. (S. L. 1907, Ch. 7.) The objects of reserving these lands are two-fold : first, to furnish timber; second, to regulate the flow of water which fills our streams. Forests act as windbreaks and also as a shade to the ground, and thus prevent the snow from rapidly melting and the water from evaporating. The snows on our mountains are the source of water THH ADMIXISTK'ATIOX Oh' A KKA I US. IM sui)j)ly, and it is essential that this moisture be g^radually (listril)utecl into the streams. The trees protect the earth from I^eing- washed away by the suddenly melting' snow or heavy rains, h'orests serve the purpose of reservoirs, storing" waters during the time of abundant moisture, when the largest part of the water would otherwise run to waste. The vital importance of the question of the water supply, particularly in the arid and semi-arid regions, has justified the National (loxermnent in assuming control of the headwaters oi some of the streams which are gen- erally to be found in the forests. The dead leaves and limbs and fallen trees protect the snow from the hot sun and make its melting gradual. This gives an even dis- tribution through the season of the water for the land below the mountain region where the streams originate, thus preventing floods at one time and drought when water is most needed. QUESTIONS. 1. Why are the water and land so closely related'? 2. What is water litigation? 3. Who owns the water's in Wyoming? 4. Describe the process of acquiring title to land and water. 5. What are the duties of the State Engineer? The State Board of Control? 6. What is prior appropriation? 7. What is desert land? Irrigation? 8. In what way is the National Government interesteil in the desert land of Wyoming? 9. What is meant by the "reclamation of the arid region"? 10. Is the United States interested in any reservoirs in Wyoming? 11. What is a National Forest Reserve? 12. Describe the relation of forests to irrigation. REFERENCES. Mead, Irrigation Institutions! Newell, Irrigation. King, Irrigation and Drainage. ,,.._, TllK COVKKNMKiN'r OF WYOMING. Sniytlic, The Conquest of Arid America. Roosevelt, Winning of the West. Gifford, Practical Forestry. U. S. Department of the Interior, Forest Reserve Manual. IT. S. Department of Agriculture, Office of Experiment Sta- tions: Bulletins Nos. 86 and 104, Mead and .Johnston, The Use of Water in Irrigation. Bulletin No. 81, Buffum, The Use of Water in Irrigation in "Wyoming. CHAPTER XXI. Government in the District, Town, City, County and State. The general laws governing a school district, town, city, county and State arc made by the Legislature. In this way uniform laws are obtained for all localities of tlie State. If one school district has free text-books, it is safe to conclude that all o*" the schools have the free text- book system, because the laws governing one locality govern all others. The salaries of all county superin- tendents and city officers are regulated by a State law; the several duties of the officers are designated by legis- lative acts ; the limitation of officers' responsibilities is regulated by a general law; the number of county officers and school trustees and the powers of the mayor are all governed by legislative enactment. The State makes the laws, but designates who shall execute them. The duty falls upon the officers who oc- cupy the positions created by the general laws. 1. THE SCHOOL DISTEICT. (See Education.) 2. THE TOWN. . . . A local it}' containing not less than one hundred and fifty people may be incorporated as a town when applica- tion is made by a majority of the electors in the district proposed to be incorporated. (R. S., Sec. 1521.) The application is made to the county commissioners, who appoint three persons whose duty it is to call a special election of the people of the location to vote upon the (juestion of incorporation. These inspectors act as judges of the election on this (juestion. as well as of the election cf officers for the town. The municipal officers of a town elected by the people are a mayor, who is elected for one year, and four conncilrnen, who hold office for two vears. 1S4 Tin-: (U)VKKNMIONT OV WYOMING. The maj'or appoints a marshal, who is cx-officio lire war- den and street commissioner, one clerk, who is ex-officio assessor and a treasnrer. These a])])ointments are for one year.* :5. THE CITY. Cities are dixided into what are known as tirst and sec- ond class cities. When any city or town has attained a population of more than four thousand inhal)itants, the mayor of the town may so certify to the Governor of the State who shall declare l>y public proclamation the city or town to be a city of the first class. (Cities that were organized under special charter may reorganize by this method abandoning their old charters and adopting new ones.) Each city must be divided into at least three wards, with no ward containing less than one thousand inhabitants. The city elections are held the Tuesday fol- lowing the first Monday in November of each year. In the absence or disability of a mayor the president of the cit}^ council shall exercise the duties of the office of mayor. (S. L. 1907, Ch. 71.) In second class cities there are three wards, and the councilmen are elected for a period of four years. Cities incorporated under a special charter and having ten thou- sand inhabitants elect the councilmen for three years. (S. L. 1901, Ch. 69.) The mayor receives a salary of two hundred dollars a year, the councilmen each fifty dollars. (R. S., Sec. 1674.) Cities of the first class may have more than three w^ards, with two or three councilmen from each ward, as the council may determine. If there are two elected from each ward, they serve for two years each ; if three, they serve for three years each. The sala- ries of the mayor and councilmen of the second class cities *Towns having a population of ovei- 1,000 and less than 3,500 the term of office foi" Maj'oi- is for two years, and elections for this office and that of councilman are held the first Tuesday in May. TI!K ADMINIS'rK'ATlOX OK AFFAIRS. Ks:) are fixed b}' ordinance of the last council meeting prior to the beginning of their respective terms. The mayor's salary cannot exceed five hundred dollars a year, and the councilmen are paid according to the number ot meet- ings attended. (R. S.. Sec. 1603.) llefore a general law was enacted regulating the estab- lishment of cities, special charters were granted by the Legislature to Cheyenne, Laramie, llufTalo, Sheridan and Rawlins. The laws governing these cities, while alike in general construction, have special regulations made for each locality and do not come under the general law of the classified cities. They all were incorporated during the territorial da}s ; laws governing cities of the first and second class have been enacted since Wyoming be- came a State. The mayor, I)y and with the consent of the council, appoints a city clerk, attorney, chief of the fire department, city marshal and such police as the coun- cil may authorize. Their term of ofBce corresponds with that of the mayor. ( R. S., Sec. 1600.) Police justices are also a])pointed l)y the mayor with the consent of the coun- cil. These, under the general law governing cities, must be duly elected justices of the peace for the precinct embraced in said city or town. If the city is incorporated under a special charter, the police justice need not be a Justice of the Peace. (S. L. 190T, Ch. loi ; 1903, Ch. 21.) These police justices have jurisdiction over the municipal courts for the trial of ofTenses arising under the ordi- nances of the city or town. Appeals from the decisions of this court can ])e taken to the district court in all cases. (S. L. 1903, Ch. lOi, Sec. 4.) The cities described are corporations, and as such have power to sue or be sued ; to purchase and hold real and l)ersonal property for the use of the city ; to sell and conve}' any real or personal estate owned by the city; to make contracts for the city ; to incur the indebtedness as maA^ be necessary. The granted powers are exercised 1S(^ THK (iOVKKNMKNT OF WYOMING. by the mayor and the council. (R. S., Sec. 1595.) These ofticers hold rej^^ular council meetings at such times as are fixed by the ordinance. The mayor presides at all of these meetings and has superintending control of all of the officers and affairs of the city and acts as the exec- utive in relation to the ordinance of the city. He has the power to veto any ordinance, resolution or by-law ])assed by the council, but by a two-thirds' vote of the , members of the council it may be passed over the veto. In case of the death or removal of the mayor, the presi- dent of the council is the acting mayor. The City Clerk has in his care all of the city laws and ordinances; he keeps a record of the proceedings of the council and the amv>unts paid out of the city funds. The Treasurer is the custodian of the money belong- ing to the city. He pays all bills against the corporation b}' warrants and collects the city taxes. The Attorney is the legal adviser of the council and the city officers. He prosecutes and defends all suits on behalf of the city, and gives his opinion at the coun- cil meetings when required, upon any matter submitted to him. The Engineer makes the surveys necessary for sewers, water works, grades, bridges and improvements of the streets. He makes the estimates for the city for any proposed building or city improvement. The Marshal has supervision of the police and with them has the power to arrest all offenders against the laws of the State or city and to keep them in the city prison until a trial or examination may be made before the proper officer. He has the same power as sheriffs and constables in relation to all criminal matters in his jurisdiction. Tllf: ADMINISTRATION OF AFFAIRS. ],S7 Cities ])y their mayor or council have power by ordi- nance to levy taxes for general revenue purposes on all l)roperty within the limits of the city; to provide for the grading and repairing of streets and alleys and construc- tion of bridges, culverts and sewers ; to improve, locate and name any street, avenue or park ; to repair side- walks and to collect a license tax on dogs ; to prevent and punish horse racing or fast driving on the streets ; to contract with companies for municipal lighting of the streets ; to regulate the crossing of railway tracks ; to establish public libraries ; to borrow mone}' on the credit of the city ; to provide for issuing bonds for the pur- pose of funding any city indebtedness ; to remove city officers for misconduct; to make the census of the city; to establish a system of water works ; to provide for the organization and support of a fire department ; to estab- lish standard weights and measurements ; to license, re- strain or regulate the selling or giving away of intoxi- cating liquors ; to prohibit or restrain games of chance, opium dens and other disorderly houses : to prevent riots and disturbances in the streets ; to regulate the dis- charge of firearms, rockets or fireworks and the trans- portation and storage of explosive articles ; to provide for the punishment of thieves, tramps and common beg- gars ; to license churches, opera houses and places of amusement; to provide for fire protection; to prohibit the running at large of cattle, horses and other animals ; to make regulations to prevent the introduction of con- tagious diseases and to create a board of health to make ([uarantine laws for this purpose ; to create and estab- lish hospitals, poor-houses and jails; to secure the gen- eral health of the city; to keep in order slaughter houses, stock yards and stables ; to purchase a city cemetery and sell lots in same ; to make all such ordinances, by- laws, rules and regulations not inconsistent with the law'S of the State as may be necessary for good govern- IHK 'rilK (i()VKI»'.\.M i:.\"l' OF \V\()MI\li. iiieiit. ( l\. S.. Sec. K)^/. I In order thai the public may know \\liat the officers of the city are (loin.i;\ the law recitiire^ that all councils in incorporated cities shall ]nd)lish in the ne\vspai)er proceeding's of their meetings, stating- what ordinances were ])assed and all hills al- lowed, the amount, for what purpose, and by whom pre- sented. (S. L. 1903. (h. 51.) 4. TTIK ('Ol'NTV. The count}' and ])recinct officers are elected by the people of their respective counties and hold office for two rears. The election takes ])lacc at the time of the gen- eral election. These officers are the clerk, commission- ers, surx'cyor. sheriff, treasurer, county and prosecuting attorney. su])erintendent of schools, coroner, constables and a clerk of the district court for each county. When a county has an assessed valuation of less than five million dollars, the county clerk acts as ex-officio clerk of the district court without extra cfimpensation. (R. S., Sec. 202.) There are thirteen counties in \\\voming. with the county seats as follows: County. County Seat. Albany . . . Laramie Big Horn Basin City Carbon Rawlins Converse Douglas Crook Sundance Fremont Lander Johnson •. Buffalo Laramie Cheyenne Natrona Casper Sheridan • Sheridan Sweetwater Green River LTinta Evanston W^eston Newcastle THE ADMINIHTRATIOX OF AFFAIRS. ]S!t Counties are formed in much the same manner as are towns and cities. In this case, however, the petition is hied with the Ciovernor to appoint three commissioners to conduct the election. ( R. S., Sec. 1003.) No county can be organized unless it contains within its limits prop- erty of the valuation of two million dollars, and not then unless the remaining" portion of the county from which the new one is to be created contains at least three million dollars. Xew counties to be organized must contain at least one thousand five hundred bona fide inhabitants, and no count}^ can be divided unless a majorit}^ of the quali- fied voters of the area to be separated votes in favor of the division. (Const., Art. XII, Sec. 2.) At the time of the election of the county officers the members of the Legislature are elected from each county, h^ach county is a legislative district. Any vacancy occurring in a county or precinct office is filled by the county commissioners. This rule does not apply to a member of the Legislature, whose place must be filled at an election by the electors of the county. The clerk, sherifif and treasurer are provided with offices at the court-house situated at the county seat of their county, and all Ijooks and records required for their offices are open for examination by any person. The other county officers reside at the county seat, but no special provision is made for their offices. (R. S.. Sec. 1222.) All county officers serve for a term of two years, except the commissioners, two of whom are elected for two years and one for four years. The term of office commences on the first Monday in January of the odd- numbered 3'ears. The County Clerk acts as the secretary to the commis- sioners and keeps the seal, records and papers of the board. He keeps a record of licenses issued b}^ his office and also of all deeds, mortgages, bonds, maps and in- struments authorized bv law to be so recorded. The ab- 1((0 TIIK GOVERNMENT OF WYOMING. stract books in which are recorded transfers and niort- g-ag-es of real property, and abstract entries of land describing the legal subdivisions of the location accord- ing to the United States surveys are kept in his office. ( R. S., Sees. 1 145, 1 146, 1148-1153.) He issues warrants on the county treasurer. These warrants are signed by the chairman of the board of county commissioners, coun- tersigned by the treasurer and attested by the clerk's seal. The salary varies from eighteen to twelve hundred dol- lars a year according to the class of the county — first, second, third or fourth class. The County Commissioners, consisting of three mem- bers, meet at the county seats of their respective counties on the first Tuesday of each month. (S. L. 1903, Ch. Ii.) The powers granted a corporate body are exercised by this board. (R. S., Sec. 1055.) They have the power to make orders concerning the property of the county as they may think expedient ; to settle accounts against the county ; to build and repair bridges ; to apportion and order the levying of taxes ; to manage the business of the county in all cases where no provision is made by law ; to establish election precincts; to make and keep in repair the county roads and bridge?. (Sec. 1058.) They have entire and exclusive superintendence of the poor in their respective counties. (Sec. 1258.) Counties can sue and be sued ; purchase and hold real estate ; make contracts and do all acts in relation to the prosperity and concerns of the county necessary to the exercise of its corporative power. The commissioners receive an annual salary of two hundred dollars and a per diem compensation of five dollars for each day employed in the discharge of their duties. (Sec. 1072.) The Surveyor makes and conducts all surveys for the county, and keeps plats of the surveys on file in his office. He determines the proper location by monument and o o o i^ «> o O C "' 73 H I O ■< ^ ^ w O 1^ 3' E ^ m' ni ^ E o > z THK ADMINISTI^ITION OF AFFA1K8. lit:; l:)()un(lary lines and makes surveys to estal)lisli corner of tracts when in dispute between owners. He receives eig'ht dollars a day for actual service. (Sec. 1184.) The Sheriff in person or by his deputies serves and exe- cutes according to law all processes, writs, precepts and orders issued out of any court of record in his county, in all criminal and civil cases. He preserves and keeps the peace in his county and suppresses all riots, unlawful as- semblies and insurrections. In securing any person for felony or breach of peace he may call to his aid such per- sons as he may deem necessary. His salary is from eighteen to twelve hundred dollars a year, according to the class of county, and fees from parties from whom he has rendered service in serving and returning any writ or orders of attachment or other service in civil cases. fSec. mi.) The County Treasurer collects all of the taxes and keeps a record of the receipts and expenditures of the county. He is custodian of the county funds and issues warrants for the county's obligations. The State taxes from his county are paid and he pays them to the State Treasurer. The salary is from eighteen hundred to one thousand dollars. (Sec. 1083.) The County and Prosecuting Attorney appears in the district court in behalf of the State and county he repre- sents, in all indictments, suits and proceedings to which the State or the people of the county may be a party. He is the legal adviser of the county officials, giving his opinion upon all questions of law having reference to the duties of such of^cers. His salary varies from fifteen hundred to six hundred dollars, according to the class of the county. (Sec. 1103.) The Superintendent of Schools. (See Education.) The county commissioners divide their county into assessment districts and appoint an assessor for each dis- |.\II.\(i. trict : i1r'\- also a|)i)()int a supervising assessor. 'Hk- tc-rin of office is for one year. 'iMie assessors enter upon llieir duties the first clay in .\])ril of each year. 'Phe district assessor obtains a list of e\ery kinrl of property, real and l)ersonal, in his district which is subject to taxation, un- less the valuation has be THK (iOVERNMENT OF WYOMING. than tivc million dollars, in counties having a less valuation the county clerk acts as ex-officio clerk with- out extra compensation. (Sec. 3416, 3429.) QUESTIONS. 1. Who made the laws governing your locality? 2. What is meant by the term incorporated town? 3. How do 3^ou distinguish between a town and a city? 4. Wliy are cities and counties divided into first, second and third classes? 5. If you wished to have your neighbor repair his sidewalks, which were in a dangerous condition, how would j'ou proceed to accomplish this? 6. Who is the chief executive of a city? 7. Name the city officers. What are tlveir duties? 8. Who levies taxes where you live? 9. Explain the process by which a public park could be started in a city. Who regulates affairs of this nature? 10. Who has control of the poor in your locality? How are they taken care of and at whose expense? 11. Who takes the census of a city and county? 12. May a city or county contract a debt? If so, who is re- sponsible for it? 13. Name and locate the counties and tlieir county seats. 14. What is the population of your county? For whom or what was it named? 15. What is a Legislative District? 16. Who are the members of the Legislature from your county? 17. Wlien docs the term of office commence for county officers? How long is their term of office? IS. Explain what the County Commissioners have done for your locality. 19. What are the duties of the County and Prosecuting At- torney? 20. Name the county officers and their duties. REFERENCES. (Soe Chapter XXIT.) CHAPTER XXII. Government in the District, Town, City, County and State. — Continued. 5. THE STATE. The State Officeis and their duties, as provided by the Constitution have been enumerated. (Part 11.) The legislature has exercised its authority and has created other State offices, which are filled by appointment from the Governor and confirmed by the Senate. The Gov- ernor has power to fill any vacancy which may occur in a State office when the Legislature is not in session. The appointment lasts until the next session of the Legislature, when the officer is reappointed or a new appointment is made. If the office is elective, the term is until the next general election. The Attorney-General must be an attorney and have ])racticed law in the State for at least four years and be in good standing in the courts of record in the State. He is the legal adviser of all the State officers, and of the prosecuting attorneys of the State and gives legal opin- ions upon questions submitted to him by the Legisla- ture when in session. He prosecutes and defends all suits that may be instituted by or against the State, which are not otherwise provided for "by lav/. He defends all suits brought against the State officers in their offi- cial relations, except suits brought against them by the State and he represents the State in all criminal cases in the Supreme Court. When a complaint or charge is made by the Governor of misconduct in office by any of the county officers the matter is placed in charge of the Attorney-General to investigate. A report of this investigation and his recommendations are given to the ciistrict court of the countv. A\'hen county officers re- I'JH THK OOVERNMKNT OF WYOMING. fuse to ol)ey instructions of the State J'^xaniiner, tlie Attorney-General has the power to take action and en- force a compliance with the Examiner's instructions. He has power to commence action in the district courts and to dissolve banking associations that are violating the i)rivilege of tiieir franchise and to enforce the pro- visions which regulate foreign corporations in the State. His further duties are to examine, pass upon and ap- prove, as legal, all i^ublic securities l)efore any of the permanent funds of the State shall be invested, as well as to pass upon and approve all official bonds to be exe- cuted by State ofificials. He is appointed for four years and his salar}^ is three thousand dollars a year. (R. S., Sees. 94-100, 127, 140, 605, 3101 ; S. L. 1901, Ch. 83, Sec. 4; 1903. Chs. 30, 40. Sec. 2; S. L. 1907, Ch. 19.) The Veterinarian, who is appointed for two years, must be a graduate of a college of veterinary surgery and a competent surgeon in this science. He investigates cases of contagious and infectious diseases among the cattle of the State. He has authorit}^ to investigate stock that are being imported in or through the State. No animals pronounced unsound by the Veterinary can be turned loose, but are held subject to his orders. He has power to have all diseased animals killed. It is unlaw- ful to sell or give away or kill for butcher purposes ati animal affected with contagious disease. The salary is eighteen hundred dollars. (Sec. 145.) The Board of Live Stock Commissioners is composed of three members, who hold their office for a term of two years. They must be actual owners of live stock, or owners of stock in a company having live stock running at large upon the public lands of the State. The board has general supervision over the live stock of the State and protects the stock interests from theft and disease. It divides the State into "round-up" districts, i;nd ap- THE ADMINISTKaTION OF AFFAIRS. in«» points a commissioner for each of these districts, who looks after the interests of the stockmen of their re- spective districts. The board also appoints inspectors for the better protection of the live stock interests and places them at such places as will most effectively pre- vent the violation of any of the State laws for the protec- tion of stock. A secretary is appointed for the board, who keeps a list of the brands of the owners of live stock in the State. He also keeps a list of the estrays. (Es- trays are live stock owners of which are unknown.) A brand is the individual mark of a live stock owner. This mark, or character, or letters, is burned on the ani- mal's skin. In this way the stockmen can claim their stock when different herds are running at large on the range. Anyone who alters or defaces a l)rand on any cattle commits a penitentiary oft'ense, punishable from six months to five years in prison. (Sec. 4989.) All brands must be recorded in the ofifice of the county clerk of the county where the cattle range, or feed. A stockman is authorized to sell an estray, provided he remits to the secretary of this board the amount re- ceived for the sale. This money is refunded to the owner of the animal if satisfactory proof is given of the owner- ship. If no ownership is established, the proceeds of the sale go into the general fund of the State. The com- missioners receive no salary. Their necessary incidental expenses are paid to the amount of one thousand dollars a year. (Sec. 2017.) The Board of Sheep Commissioners consists of three members, who must be owners of sheep and residents of the State. They serve- for two years. Their duties are the general supervision of the sheep interests of the State. They protect them from theft and disease and they make recommendations to the Legislature that will foster and develop this industry. They have the authority to ap- 200 'I'lllO (iOVEUNMILXT OF WYOMING. point shcc'i) inspectors, who act under the directions of the hoard and the State Veterinarian. Inspectors ex- amine Ijands of sheep and ascertain whether they are free from scab or other disease. The inspectors have au- thority to cpiarantine sheep infected with such contas^ious disease and require the owners to treat the sheejj. This is accomplished by the process of dippino^ the animals in a chemical solution and freeing them from their diffi- culty. The cattle and sheep industry is the leading one in this State, and many more laws are enacted for the better protection of stock-raising than are necessary in those States where this industry is of minor importance. The board receives no salary, but the inspectors are paid five dollars a day for actual service. (Sec. 2074.) The Board of Live Stock and Sheep Commissioners co-operate with the Secretary of Agriculture of the United States in the attempt to suppress and prevent pleuro-pneumonia and contagious diseases among do- mestic animals. Inspectors of the United States Bureau of Animal Industry have the same power in this State as our State Veterinarian and stock inspectors. (S. L. 1903, Ch. 61.) Through the efiforts of the stockmen an act has been passed by the Legislature to encourage the destruction of wild animals who live on other animals. Cattle and sheep are killed by these animals, and a bounty is oiTered for the destruction of each and every one ; for a coyote so destro3'e(l, one dollar and fifty cents; for each gray or black wolf or mountain lion, five dollars. The entire skin of each animal with all four paws attached thereto is presented to the county clerk or notary public of the county in which the animal was killed. The clerk issues a certificate for the person presenting the skins, stating the number and kind of animals killed and the sum to be received ; the county clerk cuts ofif each paw and makes a jnmch mark in the ears of each skin ]:)resented and for- THE ADMINISTEATION OF AFFAIRS. 201 wards a statement of the fact to the State Auditor, with the necessary certificate as to the animals destroyed and by whom. The State warrant is drawn in favor of the one who presented the skins, and sent to the county clerk for delivery to the owner. The last appropriation made under this act was forty thousand dollars, but it was all spent in bounties long before the meeting of the next Legislature, when another appropriation might be made. (S. L. 1903, Ch. 43.) The State Librarian is appointed for two years. The ofitice, the State library, is situated in the capitol building at Cheyenne. The Librarian has charge of all books and papers of the State which properly belong to the library and keeps a file of all the papers published in the State. Man}- of the books in the library are journals, legislative documents and statutes, books of great value for refer- ence and use to the legal ])rofession. Ry legislati\-e enactment the State library is designated as the State Law Library. (R. S., Sec. 475.) -Ml books, maps and charts designed and intended for the use of this State must be deposited with the State Librarian. Fifteen thousand acres of land from the 260,000 acres donated to the State for State, charitable educational, penal and reformatory institutions are set aside for the use of the State law library. The Librarian has supervision over the Miscellaneous State Library, the books of which are kept with those of the law library. This library also has fifteen thoiisand acres set aside for its u.'^e. (Sec. 455.) The United States Go\ernment adopts standard weights, measures and balances, and this State has adopt- « d and established them as the legal public standard for scales. These standards of measurement are sent b}^ the I'nited States to all of the States and placed in the care of some officer, who acts as custodian of the propertv 202 THE GOVHRNMKNT OF WYOMING. and uses thotn to test and verify the weights, measures and balances of those who use them in mercantile busi- ness. The State Librarian acts as the superintendent in this State. (Sec. 2308.) The Librarian receives a salary of thirteen hundred dollars a 3'ear. fS. L. 1903, Ch. 87, S. L. 1907, Ch. 56.) County commissioners are empowered to establish and maintain county libraries at tlie expense of the tax- payers of the county in which the library is situated. Before the tax can be levied, the citizens of the county must give a bond that a suitable place will be perma- nently furnished for the protection of the books and for the use of a public library; then the county commission- ers may levy an annual tax of not less than one-eighth nor more than one-half of a mill on the property of the county for the support of the library to be located at the county seat. The citizens must pay rent for a proper building, the tax pays all of the other expenses. A board of trustees consisting of three members is appointed by the county commissioners, the term of office for each is for three years. The trustees buy the books and ap- point the librarian and regulate the compensation for ser- vice. Every county library is for the free use of the citizens of the county. (Sec. 1019; S. L. 1907, Ch. 45.) All of the counties have not taken advantage of this law, but those which have do not question the benefits de- rived from this form of public education. Next to the public schools the libraries are the wisest form of popular, public education, the results depending largely upon the wisdom of the trustees and the librarian in their selec- tion of books and rules governing the use of the library. The county commissioners of Laramie, Albany, Uinta, Sheridan, Sweetwater, Natrona and Fremont counties have each accepted a gift from Mr. Andrew Carnegie for the erection of a public library. The donation was given on the condition that the county commissioners of Lara- >^ r CC (-1 — rr S CD £?> ^ o 5 =* ° m TUK ADMINISTKATIOX OF AFFAIRS. iHi") niie county would annually expend for tlie u.-e ol ihe libraiy a sum of three thousand dollars, or six jier cent of the sum ap])ropriate(l, which was $50,000, and, that the other counties \^■ould annually raise one-tenth of the sum g'iven for their lil^raries. 'I'he donations for the other libraries \aries from $10,000 to $20,000 each. Mr. Car- negie now makes it a rule not to give any library dona- tions unless one-tenth of the sum to be given is raised by tax and expended annually for lilirary purposes. These libraries are located at the county seats of the respective counties in which they are situated. A city council may make provision to pay part of the expenses of a county library situated within its limits, when the building for the use of the library has been donated. (S. L. 1903, Ch. 88.) Some towns have public libraries which are maintained largely through the indi- vidual efforts of the local citizens. There are also travel- ing libraries which are sent from one ranch to another for public use. The university, believing that education and a library are inseparable, has maintained a liberal policy towar >i O & 5' O 71 CP? O S c c TJ P Pi to O ■n <-<■ H o CD o > O ^ 2 t-t) 3 m ^ 0) P 3 m 01 -! to" 33 c" K o o CO »-i & ^ THE ADMINISTRATION OF AFFAIRS. 2i;; employment and other circumstances bearing upon the public health. The members investigate as to the causes of contagious and infectious diseases that threaten the l)ublic safety. They have authority to inspect for sani- tary purposes the public hospitals, prisons, schools or other public institutions and suggest any needed changes in the drainage, water supply, heating or ventilation. The' State board and local health officer co-operate in their efforts to prevent the spread of disease and for the protection of life and the promotion of health. When small-pox, cholera, typhoid or scarlet fever, diphtheria or other contagious diseases which are a menace to the public exist, it is the duty of the county health officer to notify the secretary of the State board, when the county health officer may be directed to quarantine tlic city, town or place, where the disease exists. Any ex- penditure necessary for the maintenance of such quar- antine, in the nature of clothing, provisions, construction of a pest-house or appointment of police officers, to main- tain and enforce the quarantine, is paid by the county commissioners. The State board may adopt measures for the general vaccination of the public of a locality v^hen it deems it necessary. Any one refusing to be vaccinated is subject to a fine or imprisonment. It is tlie duty of every practicing physician to notify the State board when contagious or infections diseases exist. Their failure to report any such case is a misdemeanor. Anyone escaping from (juarantine, established ])y law, is guilty of a felony and is subject to a punishment of not more than five years in the penitentiary. The members of the State board each receive two hundred dollars a year, but the secretary re- ceives ten dollars a day when doing actual service and the county health officers eight dollars a day. (S. L. 1901, Ch. 55; 1903, Ch. 94.) The State Dairy, Food and Oil Commissioner is ap- pointed by the Governor for a term of four years, recei\-- 214 TilK CiOVKRNMKNT OF WVOMlN(i. ini;" a salary of v$2,ooo a year. Ills duties are to enforce the pure food laws and to co-operate with the State Chemist in preventing- fraud and adulteration or impuri- ties in foods, drinks, drui^s. illuminating' oils and the un- lawful lahelin£2^ of same. The i)rofessor of chemistry at the State rni\ersity is the State Chemist and analyses are made by him vu(\ his assistant in his oflfice at the University. The hcad(|uarters of the Commissioner are in the State Capitol Building-. (S. L. 1903. Ch. 83 ; S. L. 1005, Ch. 49; S. L. 1907, Ch. 2 and 91.) The sale and storage of all explosives are regulated by law. Nitro-glycerine, powder and other high explosives must be stored in a magazine provided for that purpose alone and oils and other inflammable matter must be kept in a building erected for the purpose and at a safe distance from other buildings. (S. L. 1903, Ch. 70.) It is unlawful to sell, except on the written prescription of a regular ]M-acticing |ihysician, any drugs that induce de- lirium ; this includes cocaine, opium and chloral hydrate. (Ch. 98.) Minors or persons under twenty-one years of age are prohibited from frequenting- saloons or gambling places, and the sale of liquor and cigarettes or tobacco in any of its forms to them is a violation of the law, and the seller is subject to a fine of ten to fifty dollars. (R. S., Sec. 5068. 5069.) The State Board of Medical Examiners consists of three physicians, who hold of^ce for a term of four years. The duties of the board are to examine and pass upon the qualifications and fitness of persons who desire to prac- tice medicine or surgery; to examine applicants who wish to practice their science in the State and to issue certifi- cates to those who have successfully passed the examina- tion, which certificate gives them the authority to prac- tice in this State ; to pass upon the sufftciency of a dip- loma received by the applicant from some established THK AnMIMSTRATIOX OF AFFAIRS. 21.-) and recognized medical college which will exempt them from this examination. (Sec. 2189.) This board has the power to revoke the license of a physician if he is guilty of nnprofessional conduct. The members of this board are paid five dollars a day for service. ( S. L. 1903, Ch. 98.) ()nly those who are reg"istered pharmacists may sell or compound drugs, medicines or poisons. .A registered pharmacist is one who is a graduate from a school of pharmacy, or has been licensed as a j^harma- cist. The Governor appoints a commission of pharmacy consisting of three members who hold office for six years. They examine applicants for registration and grant cer- tificates which must be conspicuously placed in view' in the place of business occupied by the pharmacist. The members receive five dollars when actually employed in service. (Sec. 2213; S. L. 1907, Ch. 51.) A person desiring to practice dentistry in the State must be a graduate from a reputable dental college and the diploma must be made a matter of record in the county clerk's office of the county in which the dentist is to ]:)ractice. (R. S.. Sec. 2209.) An attorney-at-law is a lawyer, who is employed by some one to act in his behalf. He is a person who repre- sents the party engaging him at the courts of justice. In Wyoming there is a State Board of La-w Examiners, consisting of five members of the bar appointed by the Supreme Court and who hold office for three years. An applicant for admission to the bar must present his peti- tion to the Supreme Court, and it refers the same to this State Board for examination and recommendation. The examination questions and answers are sent to the court by the board and if the court finds the applicant to be qualified to discharge the duties of an attorney, and is of good moral character, an order is entered admitting him to practice in all the courts of the State. X^o one may be 216 illl'. COVKKNMKNT OF WVO.MLXC. examined wlio is not at least twenty-one years of age, a citizen of the I'nited States, and a resident of Wyoming, and who has not studied law at least three years. At- torneys who have practiced in the highest court of any other State may, at the discretion of the Su])reme Court, be admitted to practice in the State without examina- tion. (Sec. 3304.) The State Board of Charities and Reform consists of the Governor, Secretary of State, Treasurer, Auditor and Superintendent of Public Instruction. The board has general supervision and control of all charitable, reform- atory and penal institutions established by the State ; the general custody, charge and control of all buildings and grounds used for these purposes (except the poor farm at Lander), and the general charge and supervision of all county jails in the State. This supervision includes the insane asylum, the penitentiary, deaf and dumb asylum, the general hospital, the soldiers" and sailors' home, the asylum for the feeble minded, and the I>ig Horn Hot Springs. The district court of any county may commit to the care and guardianshi]:) of the house of refuge and reform, or to an industrial school any child under the age of sixteen who has been convicted for an ofifense, except homicide, to be educated, trained and reformed. The State Uoard of Charities and Re- forms determines from time to time where such juvenile delinquents shall be placed, as there is no house or school of this nature in the State. The cost of supporting this class is paid by the State and cannot exceed five dollars a week for each child. (Sees. 632, 700, 4934.) The Land Boards known as the State Board of School Land Commissioners and the State Board of Land Com- missioners are, the former, presided over 1)y the Gover- nor, Secretary of State, Treasurer and Superintendent of Public Instruction ; and, the latter, by the Governor, Superintendent and Secretary of State. Till-: AP.MI.XISTKATIOX OF AFFAIRS. 217 The School Land Commissioners have direction and control of the leasing, selection anrl disposal of all lands belonging to the State to be used for public schools. The Land Commissioners have the control and care of all other lands granted or acquired by the State. The Commissioner of Public Lands is appointed by the Governor for a term of two years, salary $2,000 annually. He is also Secretary of the State Board of Land Com- missioners. He keeps a record of all leases and patents to lands in our State and receives all of the application? for purchasing, leasing, entering, locating or acquiring any title or interest in land under the State's cc/c-troi. Subject to the approval of the Land Commissioners he allows or disallows such applications. His acts are not only subject to the approval of the Commissioners, but must also receive the approval and signature of the Gov- ernor. * (S. L. 1905, Ch. 36. S. L. 1907, Ch. 95.) The Department of Immigration has for its members the Commissioner of Public Lands, the State Geologist and State Engineer, who have under their directions all matters relating to the advertising of the resources of Wyoming. (S. L. 1905, Ch. 36., Sec. i and 3. S. L. 1907, Ch. 75.) The Board of Control, composed of the State Engineer and his four water division superintendents, in addition to its duties in relation to the waters of the State, con- stitutes a special commission to select and locate all lands which are now or may be hereafter granted to the State by the United States. (R. S., Sec. 788.) (See Irrigation.) The Secretary of State, Treasurer and Auditor consti- tute a Board of Equalization of the taxes for the State. It is the duty of the board to examine the assessments of the various counties so far as regards taxes and equal- •JIS TIM-: (iOVERNMENT OF WYOMING. izc the Nalualion of real property anion<^ the several counties and towns, and notify each county clerk of the rate of the State tax determined upon by the l)oard to be levied and collected in each county. (Sec. 1784.) The Board of Pardons is composed of the members of the State Doard of Charities and Reforms and serve for a term of four years, the (]o\ ernor beinj^ l^resident of the l>oard. its duties are to investigate all ai^plications for Executive Clemency and bring the facts before the Governor with recommendations as to action to be taken. (S. L. 1905. Ch. 56.) The State Board of Horticulture consists of six mem- bers, four of whom are appointed b}^ the Governor ; the Governor and Professor of Botany and Zoology at the State University by \irtue of their offices .serve as the other two members. The term of ofifice is for four years. The salary is per diem when attending meetings and the secretary of the board receives a stated salary, regulated by the board. The duties of the board are to prevent the spread of contagious diseases among fruit and fruit trees ; to cure fruit pests and to attend to the insj^ection of nursery stock. (S. L. 1905, Ch. 50.) The board shall elect one from its niend)ers to serve as Inspector of Fruit Pests, who shall personally inves- tigate trees and fruits, subject to the law\s governing the board. (S. L. 1907, Ch. 73.) The bee industry in the State may have an Inspector of Bees when five actual beekeepers shall petition the county commissioners of the State to make such an ap- pointment. This inspector shall hold ofifice during the pleasure of the county commissioners, and receive pay by the day at such rate as may be decided upon by the appointing power. His duties are to inspect any apiary or colony of bees, and make investigations as to con- tagious diseases or dangerous, or destroying parasites or insects. (S. L. 1907, Ch. ;^2.) THE ADMINISTRATIO.N OF AFFAIRS. -JlO The State Board of Deposits consists of the Governor, Treasurer and Secretary of State. The duties of this board are to meet on the first Wednesday in April and designate such banks within this State that are eligible to be made State Depositaries, in which all of the State money as handled b_y the several State officers, may be deposited. The money used by the County, City and School offi- cials must be deposited in banks designated by the sev- eral governing Ijoards. For County officers this board consists of the County Commissioners, for cities and town the City Council, for schools the Board of Direct- ors. Banks securing any of this money. State, county, city or school, must pay interest for its use. The rate cannot be less than two or more than four per cent. (S. L. 1907, Ch. 30.) YELLOWSTONE NATIONAL PARK. Lewis and Clark had in their party, which explored to the mouth of the Columbia river, a trapper and hunter by the name of John Colter. When the expedition returned from the Pacific Coast (1806) Colter severed his connec- tion with the explorers when in the region oi the Yel- lowstone River, in Montana, and traveled south with two trappers into Wyoming and discovered (1807) what is now known as the Yellowstone National Park. In 1872 by act of Congress this natural wonderland was set aside as a National Park and placed under the jurisdic- tion of the Cnited States. This park was created as a National Reserve in order to preserve its forests and its game and in order to have- it remain as a public domain for the benefit and enjoyment of the people. The park is under the supervision of the Cnited States Secretary of the Interior, who has authority to make all rules and regulations for its government. The local superintend- ent is an officer of the United States arnl^' and resides at L>L>(| THE GOVERNMENT OF WYOMING. Fort Yellowstone. In Wyoming's Act of Admission in 1890 exclusive control and jurisdiction over the park were acknowledged to belong to the United States. No set- tler is jiermitted to reside within the park and strict regu- lations are in force as to fishing and hunting within its l)Oundaries. Bear, antelope, mountain sheep, buffalo, bison, elk and deer make their homes in the park, where they are undisturbed by the people who live out of the State or by those li\'ing in Wyoming. QUESTIONS. 1. What State officers are elected? When, by whom and for what length of time? 2. What State officers are aj^pointed, by whom, when and for what periods? 3. What relation does tlie Attorney-General bear to the Connty Attorneys of the State! 4. What are the advantages of having a Veterinarian? 5. Explain the practical work done by the Stock and Sheep Commissioners. 6. Wliat is the "bounty law"? Has it been of any benefit to your locality? 7. Have you a County Library? Why? Has an effort ever been made to organize one? Where is the State Library located? 8. Describe the purpose of our Fish Hatcheries. When is the legal fishing season? 9. Who guards the game in the State? What animals are prohibited from being shot? Why these and not others? When is the open season? 10. What are the duties of the State Board of Health? Have tliey ever exercised their powers in your locality? 11. Who is the State Chemist? What foods are most easily adulterated? 12. Why does the State liave a Board of Medical Examiners? Of Law Examiners? 13. What advantage is it to have jiharmacists and dentists registered? 14. Explain the duLies of the Board of Charities and Eeform. Where are the juvenile delinqixents of the State sent for correc- tion? Where do we send our deaf, dumb and blind? 15. Locate the public buildings of the State. 'rill'; A DM [M ST RATION' OF AFFAIBS. 22:^ 16. State tlio duties of the Land Coimiiissionei's. 17. Has the Board of C'ontrol any judicial duties'? 18. What is the purpose of the Board of Equalization? 19. Why does the State not own the Yellowstone Park? 20. What other lands are reserved by the National Govern- ment in Wyoming? REFERENCES. Wyoming Ke vised Statutes, 1S99. Session Laws, 19U], 19()H, 190."'), 1907. Hinsdale, The American Government, Ch. LV. Kellogg and Taylor, The Government of the State and Nation, pp. 28-53. Ashley, The American Federal State, Ch. XX. Wilson, The State, Sees. 1033, lOiO, 1209, 1259. Fiske, Civil Government, pp. 116-139. Bryce, The American Commonwealth, I, Chs. 50, 52; II, Chs. 88, 89. James and Sauford, Government in State and Nation, Ch. IV. Hart, Actual Government, pp. 166-214. Cooley, Constitutional Limitations, Ch. VIII. Smith, Training for Citizenship, Ch. XX. Fairlie, Local Government in Counties, Towns and Villages, Ch. VIII and Ch. XII L Jones, Northwestern Wyoming, Including Yellowstone National Park (Government Publication). Chittenden, Yellowstone National Park. Muir, Our National Parks. APPENDIX A THE CONSTITUTION OF WYOMING CONSTITUTION OF THE STATE OF WYOMING. Adopted by the People at u General Klection held November 5, 1881*. PREAMBLE. We. the people of the State of Wyomins. srateful to God for our oivil, political and relif?ious liberties, and desiring to secure them to ourselves and perpetuate them to our po.sterity, do ordain and estab- lish this con.stitution. ARTICLE I. Declaration of Rights. Section 1. All power is inherent in the people, and all free govern- ments are founded on their authority, and instituted for their peace, safety and happiness; for the advancement of these ends they have at all times an inalienable and indefeasible right to alter, reform or abolish the government in such manner as they may think proper. Sec. 2. In their inherent right to life, liberty and the pursuit of happiness, all members of the human race are equal. Sec. 3. Since equality in the enjoyment of natural and civil rights is made sure only through political equality, the laws of this State affecting the political rights and privileges of its citizens shall be without distinction of race, color, sex, or any circumstance or condi- tion whatsoever other than individual incompetency, or unworthiness duly ascertained by a court of competent jurisdiction. Sec. 4. The riglit of the people to be secure in their persons, houses, papers and effects against imreasonable searches and seizure.^; shall not be violated, and no warrant shall issue but upon probable cause, supported by affidavit, particularly describing the place to be searched cr the person or thing to be seized. Sec. 5. No person shall be imprisoned for debt except in cases of fraud. Sec. 6. No person shall be deprived of life, liberty or property with- out due process of law. Sec. 7. Absolute, arbitrary power over the lives, libert5' and prop- erty of freemen exists nowhere in a republic, not even in the largest majority. Sec. 8. All courts shall be open and every person for an injury (tone to person, reputation or property shall have justice adminis- tered without sale, denial or delay. Suits may be brought against the State in such manner and in such courts as the legislature may by law direct. Sec. 9. The right of trial by jury shall remain inviolate in criminal cases, but a jury in civil cases in all courts, or in criminal cases in courts not of record, may consist of less than twelve men, as may be prescribed by law. Hereafter a grand jury may consist of twelve men, any nine of whom concurring may And an indictment, but the legislature ma>' change, regulate or abolish the grand jury system. 228 'I'HK (iOVKHXMKN'l' OK WYOMING. Sec. 10. In all rriiniiiiil prosecailions the acc'used .shall have tlie right to defend in person and l)y counsel, to demand the nature and cause of the accusation, to liave a copy thereof, to be confronted with the witnesses against him, to liave compulsory process served for obtaining witnesses, and to a speedy trial by an impartial jury of the county or district in which the offense is alleged to have been com- mitted. Sec. 11. No person shall be compelled to testify against himself in any criminal case, nor shall any person be twice put in jeopardy for the same offense. If the jury disagree, or if the judgment be ar- rested after a verdict, or if the judgment be reversed for error in law, the accused shall not be deemed to have been in jeopardy. Sec. 12. No person shall be detained as a witness in any criminal prosecution longer than may be necessary to take his testimony or deposition, nor be confined in any room where criminals are im- prisoned. Sec. 13. Until otherwise provided by law, no person shall, for a felony, be jjroceeded against criminally, otherwise than by indict- ment, except in cases arising in the land or naval forces, or in the militia when in actual service in time of war or public danger. Sec. 14. All persons shall be bailable by sufficient sureties, except for capital offenses when the pi'oof is evident or the presumption great. Excessive bail shall not be required, nor excessive fines im- posed, nor shall cruel or unusual punishment be inflicted. Sec. -15. The penal code shall be framed on the humane principles of rfeforniation and prevention. Sec. 16. No person arrested and confined in jail shall be treated with unnecessary rigor. The erection of safe and comfortable prisons, aiid 'inspec-tion of prisons, and the humane treatment of prisoners shall be provided for. Sec. 17. The privilege of the writ of habeas corpus shall not be sus- pended unless, when in case of rebellion or invasion, the public safety niay require it. Sec. 18. The free exercise and enjoyment of religious profession and worship without discrimination or preference shall be forever guar- anteed ill this State, anJ no person shall be rendered incoinpetent to hold any office of trust or profit, or to serve as a witness or juror, because of his opinion on any matter of religious belief whatever; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness or justify practices inconsistent with the "peace or safety of the State. Sec. 19. No nioney of rhe State shall ever be given or appropriated to any sectarian or religious society or institution. Sec. 20. Every person may freely speak, write and publish on all subjects, being responsible for the abuse of that right; and in all trials for libel, both civil and criminal, the truth, when published with good intent and for the justifiable ends, shall be a sufficient de- fense, the jury having the right to determine the facts and the law, under direction of the court. Sec. 21. The right of petition, and of the people peaceably to as- semble to consult for the common good, and to make known their opiuions, shall never be denied or abridged. THE CONSTITUTIOX OF WVOMING. 229 Sec. 22. The riKhts of labor shall have just pioteclion through laws calculated to secure to the laborer proper rewards for his service and to promote the industrial welfare of the State. Sec. 23. The right of citizens to opportunities for education should have practical recognition. The I^egislature shall suitably encourage means and agencies calculated to advance the sciences and liberal arts. Sec. 24. The right of citizens to bear arms in defense of tliemselves and of the State shall not be denied. Sec. 25. The military shall ever be in strict subordination to the civil power. No soldier in time of peace shall be (luartered in any house without consent of the owner, nor in time of war except in the manner prescribed by law. Sec. 26. Treason against the State shall consist only in levying war against it, or in adhering to its enemies, or in giving them aid and comfort. No person shall be convicted of treason unless on the testi- mony of two witnesses <.o the same overt act, or on confession in open court; nor shall any person be attainted of treason by the legislature. Sec. 27. Elections shall be open, free and equal, and no power, civil or military, shall at any time interfere to pi-event an untrammeled exercise of the right of suffrage. Sec. 28. No tax shall be imposed without the consent of the people or their authorized representatives. All taxation shall be equal and uniform. Sec. 29. No distinction shall ever be made by law between resident aliens and citizens as to the possession, taxation, enjoyment and descent of pi-operty. Sec. 30. Perpetuities and monopolies are contrary to the genius of a free State, and shall not be allowed. Corporations being the creatures of the State, endowed for the public good with a portion of its sove- reign powers, must be subject to its control. Sec. 31. Water being essential to industrial prosperity, of limited amount, and easy of diversion from its natural channels, its control must be in the State, which, in providing for its use, shall equally guard all the various interests involved. Sec. 32. Private property shall not be taken for private use unless by consent of the owner, except for private ways of necessity, and for reservoirs, drains, flumes, or ditches on or across the lands of others for agricultural, mining, milling, domestic or sanitary purposes, nor in any case without due compensation. Sec. 33. Private property shall not be taken or damaged for public or private use without just compensation. Sec. 34. All laws of a general nature shall have a uniform oper- ation. Sec. 35. No ex post lacto law, nor any law impairing the obliga- tion of contracts, shall ever be made. Sec. 36. The enumeration in this constitution, of certain rights shall not be construed to deny, impair, or disparage others retained by the people. Sec. 37. The State of Wyoming is an inseparable part of the Fed- eral Union, and the constitution of the United States is the supreme law of tlie land. 230 THK (iOVKKNMKNT OF WVOMIiVG. ARTICLE II. Distribution of Powers. Section 1. Tlie powers of the fj;overnment of this Slate are divided into tliiee distinct departments: the legislative, executive and judicial, and no person or collection of persons chai-ged witli the exercise of powers properly belonging to one of these departments shall exercise any powers properly belonging to either of the others, except as in this constitution expressly Jirected or permitted. ARTICLE III. Legislative Department. Section 1. The legislative power shall be vested in a senate and house of representatives, which shall be designated "The Legislature of the State of Wyoming." Sec. 2. Senators shall be elected for the term of four (4) years and representatives for the term of two (2) years. The senators elected at the first election shall be divided by lot into two classes as nearly equal as may be. The seats of senators of the first class shall be vacated at the expiration of the first two years, and of the second class at the expiration of four years. No person shall be a senator who has not attained the age of twenty-five years, or a representative who has not attained the age of twenty-one years, and who is not a citizen of the United States and of this State, and who has not, for at least twelve months next preceding his election, resided within the county or district in which he was elected. Sec. 3. Each county shall constitute a senatorial and representative district; the senate and house of representatives shall be composed of members elected by the legal voters of the counties respectively, every two (2) years. They shall be apportioned among the said coun- ties as nearly as may be according to the number of their inhabitants. Each county shall have at least one senator and one representative; but; at no time shall the number of members of the house of repre- sentatives be less than twice nor greater than three times the num- ber of members of the senate. The senate and house of representa- tives first elected in pursuance of this constitution shall consist of sixteen and thirty-three members respectively. Sec. 4. When vacancies occur in either house by death, resignation or otherwise, such vacancy shall be filled for the remainder of the term by special election, to be called in such manner as may be pre- scribed by law. Sec. 5. Members of the senate and house of representatives shall be elected on the day pi-ovided by law for the general election of a mem- ber of congress, and their term of office shall begin on the first Monday of January thereafter. Sec. 6. Each member of the first legislature, as a compensation for liis services, shall receive five dollars for each day's attendance, and fifteen cents for each mile traveled in going to and returning from the seat of government to his residence by the usual traveled route, and shall receive no other compensation, perquisite or allowance whatever. No session of the legislature after the first, which may be sixty days, shall exceed forty days. After the first session the compensation of the members of the legislature shall be as provided by law; but no legislature shall fix its own compensation. THE CONSTITUTION OF WYOMING. 231 Sec. 7. Tlio lesislature sliall meet at the seat of government at twelve o'clock, noon, on the second Tuesday of .January, next suc- ceeding the general election provided by law, and at twelve o'clock, noon, on the second Tuesday of January of each alternate year there- after, and at other times when convened by the governor. Sec. 8. No senator or representative shall, during the term foi- which he was elected, be appointed to any civil office under' the State, and no member of congress or other person holding an office (except that of notary public or an office in the militia) under the United Slates or tliis State, shall be a member of either house during Ids con- tinuance in office. Sec. 9. No member of either house sliall, during the term for wliicli he was elected, receive any increase of salary or mileage under an>' law passed during that term. Sec. 10. The senate shall, at the beginning and close of each regu- lar session and at such other times as may be necessary, elect one of its members president; the house of representatives shall elect one of its members speaker; each liouse shall choose its own officers, and shall judge of the election returns and qualifications of its members. Sec. 11. A majority ot eacli house shall constitute a ciuorum to do business, but a smaller number may adjourn from day to day, and compel the attendance of absent mem.bers in such manner and undei- such penalties as each house may prescribe. Sec. 12. Each house shall have power to determine I lie rules of its proceedings, and to punish its members or other persons for con- tempt or disorderly behavior in its presence; to protect its members against violence or offers of bribes or private solicitation, and with the concurrence of two-thirds, to expel a member, and shall have ah other powers necessary to the legislature of a free state. A member expelled for corruption shall not thereafter be eligible to either house of the legislature and punishment for contempt or disorderly behavior shall not bar a criminal prosecution for the same offence. Sec. 13. Bach house shall keep a journal of its proceedings and may, in its discretion, from time to time, publish the same, except such parts as require secrecy, and the yeas and nays on any ques- tion, shall, at the reciuest of two members, be entered on the journal. Sec. 14. The sessions of each house and of the committee of the whole shall be open unless the business is such as requires secrecy. Sec. 15. Neither house shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting. Sec. 16. The members of the legislature shall, in all cases, except treason, felony, violation of their oath of office and breach of the peace, be privileged from arrest during their attendance at the ses- sions of their respective houses, and in going to and returning from the same; and for any speech or debate in either house they shall not be questioned in any other place. Sec. 17. The sole power of impeacliment shall vest in the house of representatives; the concurrence of a majority qf all the members being necessary to the exercise thereof. Impeachment shall be tried by the senate sitting for that purpose, and the senators shall be upon oath or affirmation to do justice according to law and evidence. 2:i2 TUK GOVMRNMENT OF WYOMING. When the governor is on trial, tlie chief justice of tlie supreme court shall preside. No person shall be convicted witliout a concurrence of two-thirds of the senators elected. Sec. 18. The governor and other State and judicial ofhcers except justices of the peace, shall be liable to impeachment for high crimes and misdemeanors, or malfeasance in ofTice, but judgment in such cases shall only extend to removal from office and dis(iualiflcation to hold any office of honor, trust or profit under the laws of the State. The party, whether convicted or acQuitted, shall, nevertheless, be liable to prosecution, trial, judgment and punishment according to law. Sec. 19. All officers not liable to impeachment shall be subject to removal for misconduct or malfeasance in office, in such manner as may be provided by law. Sec. 20. No law shall be passed except by bill, and no bill shall be so altered or amended on its passage through either house as to change its original purpose. Sec. 21. The enacting clause of every law shall be as follows: "Be it Enacted by the Legislature of the State of Wyoming." Sec. 22. No bill for the appropriation of money, except for the ex- penses of the government, shall be introduced within five (.5) days of the close of the session, except by unanimous consent of the house in which it is sought to be introduced. Sec. 23. No bill shall be considered or become a law unless re- ferred to a committee, returned therefrom and printed for the use of the members. Sec. 24. No bill, except general appropriation bills and bills for the codification and general revision of the laws, shall be passed contain- ing more than one subject, which shall be clearly expressed in its title; but if any subject is embraced in any act which is not expressed in the title, such act shall be void only as to so much thereof as shall not be so expressed. Sec. 25. No bill shall become a law, except by a vote of a majority of all the members elected to each house, nor unless on its final passage the vote taken by ayes and noes, and the names of those voting be entered on the journal. Sec. 26. No law shall be revised or amended, or the provisions thereof extended by reference to its title only, but so much thereof as is revised, amended or extended, shall be re-enacted and published at length. Sec. 27. The legislature shall not pass local or special laws in any of the following enuinerated cases, that is to say: For granting divorces; laying out, opening, altering or working roads or high- ways; vacating roads, town plats, streets, alleys or public grounds; locating or changing county seats; regulating county or township affairs; incorporation of cities, towns or villages; or changing or amending the charters c>f any cities, towns or villages; regulating the practice in courts of justice; regulating the jurisdiction and duties of justices of the peace, police inagistrates or constables; changing the rules of evidence in any trial or inquiry; providing for changes of venue in civil or criminal cases; declaring any person of age; for limiti- tation of civil actions; giving efteet to any informal or invalid deeds; summoning or impaneling grand or petit juries; providing for the management of common schools; regulating the rate of interest on money; the opening or conducting of any election, or designating THH COXSTnnJTION OF WYOMING. 233 the place of votins; t'le sale or inortgase of real estate belonging to minors or others under disability: chartering or licensing ferries or Ijridgc's or toll roads; charteiing banks, insurance companies and loan and trust companies; remitting tines, penalties or forfeitures; creating, increasing, or decreasing fees, percentages or allowances of puVjlic otticers; clianging the law of descent; granting to any corporation, association or individual, the right to lay down railroad tracks, or any special or exclusive privilege, immunity or franchise whatever, or amending existing chartr^r for such purpose; for punisliment of crimes; changing the names of persons or places; for the assessment or col- lection of taxes; affecting estates of deceased persons, minors or others under legal disabilities; extending the time for the collection of taxes; refunding money paid into the State treasury; relinquishing or extin- guishing, in whole or part, the indebtedness, liabilities or obligation of any corporation or j^srson to this State or to any municipal cor- poration therein; exempting property from taxation; restoring to citizenship persons convicted of infamous crimes; authorizing the creation, extension or impairing of liens; creating offices or prescrib- ing the powers or duties of offices in counties, cities, townships or school districts; or aut'iorizing the adoption or legitimation of chil- dren. In all other cases where a general law can be made applicable no special law shall be enacted. Sec. 28. The presiding officer of each house shall, in the presence of the house over which he presides, sign all bills and joint resolu- tions passed by the legislature immediately after their titles have been publicly read, and the fact of signing shall be at once entered upon the jovirnal. Sec. 29. The legislature shall prescribe by law the number, duties and compensation of the officers and employes of each house, and no payment shall be made from the State treasury, or be in any way authorized to any such person except to an acting officer or employe elected or appointed in pursuance of law. Sec. 30. No bill shall be passed giving any extra compensation to any public officer, servant or employe, agent or contractor, after ser- vices are rendered or contract made. Sec. 31. All stationery, printing, paper, fuel and lights used in the legislature and other departments of government, shall be furnished, and the printing and binding of the laws, journals and department reports and other printing and binding, and the repairing and furnish- ing of the halls and rooms used for the meeting of the legislature and its committees shall be performed under contract, to be given to the lowest responsible bidder, below such maximum price and under sucla regulations as may be prescribed by law. No member or officer of any department of the government shall be in any way interested in any such contract; and all such contracts shall be subject to the approval of the governor and State treasurer. Sec. 32. Except as otnerwise provided in this constitution, no law shall extend the term of any public officer or increase or diminish his salary or emolument after his election or appointment; but this shall not be construed to forbid the legislature from fixing the salaries or emoluments of those officers first elected or appointed under this constitution, if such salaries or emoluments are not fixed by its pro- visions. 284 11 li; (iOVEHNMKNT OF WYOMIxN'lJ. Sec. 33. All bilLs I'or rai.siiig' revenue shall orisiiiate in the liouse of representatives; hut the penate may propose amendments, as in case of other bills. Sec. 34. The general appropriation bills shall embrace nothing V)ut appropriations for the ordinary expenses of the legislative, executive and judicial depaitments of the State, interest on the public debt, and for public schools. All other appropriations shall be made by separate bills, each embracing but one subject. Sec. 35, Except for interest on xjublic debt, money shall be paid out of the treasury only on appropriations made by the legislature, and In no case otherwise than upon warrant drawn by the proper officer in pursuance of law. Sec. 36. No appropriation shall be made for charitable, industrial, educational oi' benevolent purposes to any person, corporation or com- munitj' not under the absolute control of the State, nor to any de- nominational or sectarian institution or association. Sec. 37. The legislature shall not delegate to any special commis- sioner, private corporation or association, any power to make, super- vise or interfere with any municipal improvements, moneys, property or effects, whether held in trust or otherwise, to levy taxes, or to per- form any municipal functions whatever. Sec. 38. No act of the legislature shall authorize the investment of trust funds by executors, administrators, guardians or trustees, in the bonds or stock of any private corporation. Sec. 39. The legislature shall have no power to pass any law authorizing the State or any county in the State to contract any debt or obligation in the construction of any railroad, or give or loan its credit to or in aid of the construction of the same. Sec. 40. No obligation or liability of any person, association or cor- poration, held or owned by the State, or any municipal corporation therein, shall ever be exchanged, transferred, remitted, released or postponed, or in any way diminished by the legislature; nor shall such liability or obligation be extinguished, except by the payment thereof into the proper treasury. Sec. 41. Every order, resolution or vote, in which the concurrence of both houses may be necessary, except on the question of adjourn- ment, or relating solely to the transaction of the business of the two houses, shall be presented to the governor, and before it shall take effect be approved by him, or, being disapproved, be repassed by two- thirds of both houses as prescribed in the case of a bill. Sec. 42. If any person elected to either house of the legislature shall offer or promise to give his vote or influence in favor of or against any measure or proposition, pending or to be introduced into the legis- lature, in consideration or upon condition that any other person elect- ed to the same legislature will give, or promise or assent to give his vote or influence in favor of or against any other measure or proposi- tion pending or propos.;d to be introduced into such legislature, the person making such offer or promise shall be deemed guilty or solicita- tion of bribery. If any member of the legislature shall give his vote or influence for or against any measure or proposition pending or to be introduced in such legislature, or offer, promise or assent thereto, upon condition that any other member will give or will promise or assent to give his vote or influence in favor of or against any other measure or proposition pending or to be introduced in such legislature, or in TIIH COXSTITUTION OF WYOMING. 235 consideration that any other member has siven his vote or influence for or asuinst any other measure or proposition in sucli legislature, he shall be deemed suilty of briljery, and any member of the legislature, or person elected thereto, who shall be guilty of either of such offences, shall be expelled and shall not thereafter be eligible to the legislature, and on conviction thereof in the civil courts shall be liable to such further penalty as may be piesciibed by law. Sec. 43. Any person who shall directly or indirectly offer, give or pi-omise any money or thing of value, testimonial, privilege or personal advantage, to any executive or judicial officer or member of the legis- lature, to influence him in the performance of any of his official duties shall be deemed guilty of bribery, and be punished in such manner as shall be provided by law. Sec. 44. Any person may be compelled to testify in any lawful in- vestigation or judicial proceeding against any person who may be charged witli having committed the offense of bribery or corrupt solicitation, or practices of solicitation, and shall not be permitted to withhold his testimony upon the ground that it may criminate him- self, or subject him to public infamy; but such testimony shall not afterwards be used against him hi any judicial proceeding, except for perjury in giving such testimony, and any person convicted of either of the offenses aforesaid shall, as part of the punishment therefor, be disqualified from holding any office or position of honor, trust or profit in this State. Sec. 45. The offense of corrupt solicitation of members of the legis- lature or of public officers of the State, or of any municipal division thereof, and the occupation or practice of solicitation of such members or officers to influence their official action shall be defined by law and shall be punishable by fine and imprisonment. Sec. 46. A member who has a personal or private Interest In any measure or bill proposed or pending before the legislature shall dis- close the fact to the house of which he is a member, and shall not vote thereon. APPORTIONMENT. Section 1. One representative in the congress of the United States shall be elected from the State at large, the Tuesday next after the first Monday in November, 1890, and thereafter at such times and places, and in such manner as may be prescribed by law. When a new apportionment shall be made by congress, the legislature shall divide the State into congressional districts accordingly. Sec. 2. The legislature shall provide by law for an enumeration of the inhabitants of the .State in the year 1895, and every tenth year thereafter, and at the session next following such enumeration, and also at the session next following an enumeration made by the au- thority of the United States, shall revise and adjust the apportion- ment for senators and representatives, on a basis of such enumeration according to ratios to be fixed by law. Sec. 3. Representative districts may be altered from time to time as public convenience may require. When a representative district shall be composed of two or more counties, they shall be contiguous, and the districts as compact as may be. No county shall be divided in the formation of representative districts. •2-Mi TIIK COVKKXMKNT OF WYOMING. Sec. 4. Until an appoilionment of .senalor.s and representatives as otherwi.se provided by law, tliey shall be divided auKjng the several counties of the State In the followins manner: Albany county, two senators and iive representatives. Carbon county, two senators and five representatives. Converse county, one senator and three representatives. Crook county, one senator and two representatives. Fremont county, one .senator and two representatives. IjaraTuie coimty, tliree senators and si.x; representatives. .Johnson county, one senator and two representatives. Sheridan county, one senator and two representatives. Sweetwater county, two senators and three representatives. I'^inta county, two senators and three representatives. ARTICLE IV. Executive Department. Section 1. The executive power shall be vested in a governor, who shall hold his office for the term of four (4) years and until his suc- cessor is elected and duly qualified. Sec. 2. No person shall be eligible to the office of governor unless he be a citizen of the United States and a qualified elector of the State, who has attained the age of thirty years, and who has resided five years next preceding the election within the State or territory, nor shall he be eligible to any other office during the term for which he was elected. Sec. 3. The governor shall be elected by the qualified electors of the State at the time and place of choosing members of the legislature. The person having the highest number of votes for governor sliall be declared elected, but if two or more shall have an equal and highest number of votes for governor, the two houses of the legislature at its next regular session shall forthwith, by joint ballot, choose one of such persons for said office. The returns of the election for governor shall be made in such manner as shall be prescribed by law. Sec. 4. The governor shall be commander-in-chief of the military forces of the State, except when they are called into the service of the U^nited States, and may call out the same to execute the laws, sup- press insurrection and lepel invasion. He shall have power to con- vene the legislature on extraordinary occasions. He shall at the com- mencement of each session communicate to the legislature by mes- sage, information of the condition of the State, and recommend such measures as he shall deem expedient. He shall transact all necessary business with the officers of the government, civil and military. He shall expedite all such measures as may be resolved upon by the legis- lature and shall take care that the laws be faithfully executed. Sec. 5. The governor shall have power to remit fines and forfeitures, to grant reprieves, commutations and pardons aftM- conviction, for all offences e.xcept treason and cases of impeachment; but the legislature may by law regulate the manner in which the remission of fines, par- dons, commutations and reprieves may be applied for Upon convic- tion for treason he shall have power to suspend the execution of sen- tence until the case is reported in the legislature at its next regular session, when the legislature shall either pardon, or commute the sen- tence, direct the execution of the sentence or grant further reprieve. Tin-: CONSTITUTION OF WYOMING. 237 He shall I'ommunicate to the legislature at each regular session each case of remission of fine, reprieve, commutation or pardon granted by him, stating the name oi the convict, the (-rime for which he was convicted, the sentence and its date, and the date of the remission, commutation, pardon or reprieve with his reasons for granting the same. Sec. 6. If the governor be impeached, displaced, resign or die, or from mental or physical disease or otherwise become incapable of per- forming the duties of his office or be absent from the State, the secre- tary of state shall act as governor until the vacancy is filled or the disability removed. Sec. 7. Wiien an.N- office from any cause becomes vacant, and no mode is provided by the constitution or law for filling such vacancy, the governor shall have the power to fill the same by appointment. Sec. 8. Every bill which has passed the legislature shall, before it becomes a law, be presented to the governor. If he approve, he shall sign it; but if not, he shall return it with his objections to the house in which it originated, which shall enter the objections at large upon the journal and proceed to reconsider it. If, after such reconsidera- tion, two-thirds of the members elected agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if it be approved by two-tliirds of the members elected, it shall become a law; buv in all such cases the vote of both houses shall be determined by yeas and nays, and the names of the members voting for and against the bill shall be entered upon the journal of each house respectively. If any bill is not returned by the governor within tiiree days (Sundays excepted) after its presentation to him, the same shall be a law, unless the legislature by its adjournment, prevent its return, in which case it shall be a law, unless he shall file the same with his objections in the office of the secretary of state within fifteen days after such adjournment. Sec. 9. The governor shall have power to disapprove of any item or items or part or parts of any bill making appropriations of money or property embracing distinct items, and the part or parts of the bill approved shall be the law, and the item or items and part or parts disapproved shall be void unless enacted in the following manner: If the legislature be in session he shall transmit to the house in which the bill originated a copy of the item or items or part or parts thereof disapproved, together with his objections thereto, and the items or parts objected to shall be separately reconsidered, and each item or part shall then take the same course as is prescribed for the passage of bills over the executive veto. Sec. 10. Any governoi- of this State who asks, receives or agrees to receive any bribe upon any understanding that his official opinion, judgment or action shall be influenced thereby, or who gives or offers, or promises his official influence in consideration that any member of the legislature shall give his official vote or influence on any particular side of any question or matter upon which he is required to act in his official capacity, or who menaces any member by the threatened use of his veto power, or who offers or promises any member that he, the governor, will appoint any particular person or persons to any office created or thereafter to be created, in considei-ation that any member shall give his official vote or influence on any matter pending or thereafter to be introduced into either house of said legislature: or :>;{S TllK (iOVKRNMENT OF WYOMING. wlio threatens any member that he, the governor, will remove any person or persons from office or position with intent in any manner to influence the action of said member, shall be punished in the man- ner now or that may hereafter be provided by law, and upon convic- tion thereof shall foifeit all right to hold or exercise any office of trust oi" honor in this State. Sec. 11. There shall be chosen by the qualified electors of the State at the limes and places of choosing members of the legislature, a secretary of state, auditor, treasurer, and superintendent of public instruction, who shall have attained the age of twenty-five years re- spectively, shall be citizens of the United States, and shall have the qualifications of State electors. They shall severally hold their offices at the seat of government, for the term of four (4) years and until their successors are elected and duly qualified, but no person shall be eligible for the office of tieasurer for four (4) years after the expira- tion of the term for which he was elected. The legislature may pro- vide for such other State officers as are deemed necessary. Sec. 12. The powers and duties of the secretary of slate, of state auditor, treasurer and superintendent of public instruction shall be as prescribed by law. Sec. 13. Until olheiwise provided by law, the governor shall receive an annual salary of two thousand five hundred dollars, the secretary of state, state auditor, state treasurer and superintendent of public in- struction shall each receive an annual salary of two thousand dollars, and the salaries of any of the said officers shall not be increased or diminished during the period for which they were elected, and all fees and profits arising from any of tlie said offices shall be covered into the State treasury. Sec. 14. The legislature shall provide for a state examiner, who sliall be appointed by the governor and confirmed by the senate. His duty shall be to examine the accounts of state treasurer, supreme court clerks, district court clerks, and all county treasurers, and treasurers of such other public institutions as the law may require, and shall perform such other duties as the legislature may prescribe. He shall report at least once a year, and oftener if required, to such officers as are designated by the legislature. His compensation shall be fixed by law. Sec. 15. There shall be a seal of state which shall be called the "Great Seal of the State of Wyoming;" it shall be kept by the secre- tary of -state and used by him officially as directed by law. The seal of the Territory of Wyoming as now used shall be the seal of the State until otherwise provided by law. ARTICLE V. Judicial Department. Section 1. The judicial power of the State shall be vested in the senate, sitting as a court of impeachment, in a supreme court, dis- trict courts, justices of the peace, courts of arbitration and . such courts as the legislature may, by general law, establish for incor- porated cities or incorporated towns. THE ("ONSTITUTION OF WYOMING. 239 Sec. 2. The supretno c'ourt shall have general appellate jurisdiction, co-extensive with tlie Slate, in 'ootli civil and criminal causes, and .shall have a general superintending control over all inferior courts, under such rules and regulations as may be prescribed by law. Sec. 3. The supreme court shall hav'e original jurisdiction in quo warranto and mandamus as to all State officers, and in habeas corpus. The supreme court sliall also have rower to issue writs of mandamus, review, proliibition, habeas corpus, certiorari, and other writs neces- sary and proper to the complete exercise of its appellate and revisory jurisdiction. Each of the judges shall have power to issue writs of habeas corpus to any part of the State upon petition by or on behalf of a person held in actual custody, and may make such writs re- turnable before himself or before the supreme court, or befoi-e ;in.\- district court of the State or any judge thereof. Sec. 4. The supreme court of the State shall consist of three jus- tices, who shall be elected by the qualified electors of the State at a general State election at the times and places at which State oflficers are elected; and their term of office shall be eight (8) years, com- mencing from and after the first Monday in January next succeed- ing their election; and the justices elected at the first election after this constitution shall go into effect shall, at their first meeting pro- vided by law, so classify themselves bj' lot that one of them shall go out of office at the end of four (4) years, and one at the end of si.x (6) years, and one at the end of eight (8) years from the commence- ment of their term, and an entry of such classification shall be made in the record of the court and signed by them, and a duplicate thereof shall be filed in the office of the secretary of state. The justice hav- ing the shortest term to serve and not holding his office by appoint - mint or election to fill a vacancy, shall be the chief justice and shall preside at all terms of the supreme court, and, in case of his absence, the justice having in like manner the next shortest term to serve, shall preside in his stead. If a vacancy occur in the office of a justice of the supreme court, the governor shall appoint a person to hold the office until the election and (qualification of a person to fill the une.x- pired term occasioned by such vacancy, which election shall take place at the next succeeding general election. The first election of the jus- tices shall be at the first general election after this constitution shall go into effect. Sec. 5. A majority of the justices of the supreme court shall be necessary to constitute a quorum for the transaction of business. Sec. 6. In case a judge of the supreme court shall be in any way interested in a cause brought before such court the remaining judges of said court shall call one of the district judges to sit with them on the hearing of said cause. Sec. 7. At least two terms of the supreme court shall be held an- nually at the seat of government at such times as may be provided by law. Sec. 8. No person shall be eligible to the office of justice of the supreme court unless he be learned in the law, have been in actual practice at least nine (9) years, or whose service on the bench of any court of record, when added lo the time he maj' have practiced law, shall be equal to nine (9) years, be at least thirty years of age and a citizen of the Ignited States, nor unless he shall have resided i 1 this State or Territoiy at least three years. •J40 'VWK (iOVKKNMKN'r Ob' WYOMING. Sec. 9. There shall be a clerk of llie supreme court wlio shall be appointed by the justices of said court and shall hold his office during their pleasure, and whose duties and emoluments shall be as provided by law. Sec. 10. The district couil shall have orif^inal jurisdiction of all causes at law and in equitj' and in all criminal cases, of all matters of probate and insolvency and of such special cases and proceedings as are not otherwise provided for. The district court shall also have original jurisdiction in all cases and of all proceedings in which juris- diction shall not have been by law vested exclusively in some other court; and said court shall have the power of naturalization and to issue papers therefor. The.v shall have such appellate jurisdiction in cases arising in justices' and other inferior courts in their respective counties as may be prescribed by law. Said courts and their judges shall have power to issue writs of mandamus, quo warranto, review, certiorari, prohibition, injunction and writs of habeas corpus, on peti- tion by or on behalf of any person in actual custody in their respective districts. Sec. 11. The judges of the district courts may hold courts for each other and shall do so when required by law. Sec. 12. No person shall be eligible to the office of judge of the dirtrict court unless he be learned in the law, be at least twenty- eight years of age, and a citizen of the United States, nor unless he shall have resided in the State or Territory of W.voming at least two years next preceding his election. Sec. 13. There shall be a clerk of the district court in each organ- ized county in which a court is holden who shall be elected, or, in i-ase of vacancy, appointed in such inannei- and with such duties and compensation as ma.v be prescribed by law. See. 14. The legislature shall provide by law for the appointment by the several district courts of one or more district court commis- sioners (who shall be persons learned in the law) in each organized county in which a district court is holden, such commissioners shall have authority to perform such chamber business in the absence of the district judge from the county or upon his written statement liled with the papers, that It is improper for him to act, as may be prescribed l)y law, to take depositions and perform such other duties, and receive such compensation as shall be prescribed by law. Sec. 15. The style of all process shall be "The State of Wyoming." All prosecutions shall be carried on in the name and by the authority of the State of Wyoming, and con'^'lude "against the peace and dignity of the State of Wyoming." Sec. 16. No duties shall be imposed by law upon the supreme court or any of the judges thereof, except such as are judicial, nor shall any of the judges thereof exercise any power of appointment except as herein provided. Sec. 17. The judges of the supreme and district courts shall re- ceive such compensation for their services as may be prescribed by law, which compensation shall not be increased or diminished dui'ing the term for which a judge shall have been elected, and the salary of a judge of the supieme or district court shall be as may be pre- scribed by law. TllK CONSTITUTION OF WVOMlNCi. 241 Sec. 18. \Vrit.s of error am? appeals may be allowed from the deci- sions of the (listriol courts to the supreme oourts under suoli regu- lations as may he prescribed by law. Sec. 19. Until otlierwise provided by law, the State shall be divided into three judicial districts, in each of wliich there shall be elected at general elections, by the electors thereof, one judge of the. district I'ourt therein, whose terms shall be six (6) years from the first Mon- day in January succeeding his election and until his successor is duly (|iialitieti. Sec. 20, I'ntil otherwise provided by law, said judicial districts, shall he constituted as follows: District number one shall consij^t of the I'ounties of l^araniie. Con- verse and Crook. District number two sliall consist of tlie coimties of Albany, .John- son and Sheridan. District number three sliall consist of the counties of Carbon, Sweeit- water, Uinta and Fremont. Sec. 21. The legislature may from time to time increase the nurn- ber of said judicial districts and the judges thereof, but such increase or change in the boundaries of the district shall not work the removal of any judge from his office during the term for which he may have been elected or appointed; provided the niunber of districts and dis- trict judges shall not exceed four until the taxable valuation of prop- erty in the State shall exceed one hundred million dollars ($100,000,000). Sec. 22. The legislature shall provide by law for the election of justices of the peace in each org;inized county within the State. But the number of said justices to be elected in each organized county shall be limited by law to such number as shall be necessary for the proper administration of justice. The justices of the peace herein pro- vided for shall have concurrent jurisdiction with the district court m all civil actions where the amount in controversy, exclusive of cos.ts, does not exceed two hundred dollars, and they shall have such juris- diction to hear and determine cases of inisdemeanor as may be pro- vided by law, but in no case shall said justices of the peace have jurisdiction when the boimdaries of or title to real estate shall come into question. Sec. 23. Appeals shall lie from the final decisions of justices of the peace and police magistrates in such cases and pursuant to such regu- lations as may be prescribed by law. Sec. 24. The time of holding courts in the several counties of a dis- trict shall be prescribed by law, and the legislature shall make pro- visions for attaching unorganized counties or territory to organized counties for judicial purposes. Sec. 25. No judge of the supr?me or district court shall act as attorney or counselloi at law. Sec. 26. Until the legislature shall provide by law for fixing the terins of courts, the judges of the supreme court and district courtf^ shall fix the terms thereof. Sec. 27. No judge of the supreme or district court shall be elected or appointed to any other than judicial offices or be eligible thereto during the term for which he was elected or appointed such judge. Sec. 28. Appeals from decisions of compulsory boards of arbitration ;hall be allowed to the supreme court of the State, and the manner of taking such appeals shall be prescribed by law. 242 THK GOVERNMENT OI'^ WYOMING. ARTICLE VI. Suffrage. Section 1. Tho liKlits i)t' cilizeiis of tlie State of Wyoming to vote and hold office shall not lie denied or abridged on account of sex. t?olh male and female citizens of vliis State sliall equally enjoy all civil, political and religious rights and privileges. Sec. 2. Every citizen of the United States of the age of twenty- one years and upwards, who has resided in the State or Territory one year and in the county wherein such residence is located sixty days next preceding any election, shall be entitled to vote at such election, except as herein otherwise provided. Sec. 3. Electors shall in all cases except treason, felony or breach of the peace, be privileged from arrest on the days of election during their attendance at elections, and going to and returning therefrom. Sec. 4. No elector shall be obliged to perform militia duty on the day of election, except in time of war or public danger. Sec. 5. No person shall be deemed a qualified elector of this State, unless such person be a citizen of the United States. Sec. 6. All idiots, insane persons, and persons convicted of in- famous crimes, unless restoi-ed to civil rights, are excluded from the elective franchise. Sec. 7. No elector shall be deemed to have lost his residence in the State, by reason of his absence on business of the United States, or of this State, or in the military or naval service of the United States. Sec. 8. No soldier, seaman, or marine in the army or navy of the United States shall be deemed a resident of this State ni consequence of his being stationed therein. Sec. 9. No person shall have the right to vote who shall not be, able to read the constitution of this State. The provisions of this section shall not apply to any pe.-son prevented by physical disability frorri complying with its requirements. Sec. 10. Nothing herein contain'3d shall be construed to deprive any person of the right to vote who has such right at the time of the adoption of this constitution, unless disqualified by the restrictions of section six of this article. After the expiration of five years from the time of the adoption of this constitution, none but citizens of the United States shall have the right to vote. Sec. 11. All elections shall be by ballot. The legislature shall pro- vide by law that the names of all candidates for the same office, to be voted for at any election, shall be printed on the same ballot, at pub- lic expense, and on election day vo h'i delivered to the voters within the polling place by sworn public officials, and only such ballots so delivered shall be received and t^ounted. But no voter shall be de- prived of the privilege of writing upon the ballot used the name of any other candidate. All voters shall be guaranteed absolute privacy in the preparation of their ballots, and the secrecy of the ballot shall be niade compulsory. Sec. 12. No person qualified to be an elector of the State of Wyo- niirig shall be allowed to vote at a-iy general or special election here- aftei- to be holden in the State, until he or she shall have registered as a voter according to law, unless the failure to register is caused by sickness or absence, for which provision shall be made by law. TlIK COXSTITl'TiO.N OF WVOMINU. 24,S Tlio legislatme of Uie Slate sliall enact siuh laws a^ will carry into effect the provisions of this sec-.ion, which enactment shall be sub- ject to amendment, but shall never be repealed; but this section shall not apply to the first election held under this constitution. Elections. Section 1. The legislature shall pass laws to secure the purity of elections, and guard against abuses of the elective franchise. Sec. 2. The legislature shall, by general law, designate the courts by which the several classes of election contests not otherwise pro- vided for, shall be tried, and regulate the manner of trial and all mat- ters incident tliereto; but no suoli law shall apply to any contest arising out of an election held before its passage. Sec. 3. No person except a qu ilified elector sliall be elected or ap- pointed to any civil or military jfRce in the State. Sec. 4. Every person holding any civil office under the State or any municipality therein shall, unless removed according to law, exer- cise the duties of sucii offlce until his successor is duly qualified, but this shall not apply to members of the legislature, nor to members of any board of assembly, two or more of whom are elected at the same time. The legislature may by law provide for suspending any officer in his functions, pending impeachm:'nt or prosecution for misconditct in office. Sec. 5. All general elections for State and county officers, for mem- bers of the liouse of representatives and the senate of the State of Wyoming, and representatives to the congress of the United States, shall be held on the Tue.sday following the first Monday in November of each even year. Special elections inay be held as now, or as may hereafter be provided by law. All State and county officers elected at a general election shall enter upon their respective duties on the first Monday in .January next following the date of their election, or as soon thereafter as may be possible. Sec. 6. All officers, whose election is not provided for in this con- stitution, sliall be elected oi- appointed as may be directed by law. Sec. 7. No member of congress from this State, nor anj-' person holding or exercising any office or ; ppointment of trust or profit under the United States, shall at the same time hold or exercise any office in this State to which a salary, fees or perquisites shall be attached. The legislature may by law declare what offices are incompatible. Sec. 8. Senators ani( representatives and all judicial. State and county officers shall, before entering upon the duties of their respect- ive offices, talie and subscribe the following oath or afl[irmation: "I do solemnly swear (or affirm) that I will support, obey and defend the constitution of the United States, and the constitution of this State, and that I will dischar.ge the duties of my office with fidelity; that I have not paid or contribute'!, or promised to pay or contribute, either directly or indirectly, any money or other valuable thing, to prcnire my nomination or election, (or appointment) except for neces- sary and proper expenses expressly authorized by law; that I have not. knowingly, violated any election law of the State, or procured it to be done by others in my belialf; that I will not k'lowingly receive, directly or indirectly, any money or other valuable thing for the per- formance or non-pei-formance of any act or duty pertaining to my office, other than the compensation allowed by law." L>44. TliK COVKK.NMKNT OF WVOMINC. Sec. 9. Tlie rorosoiiij; t)ath shall be acliniiiistered by some person HuLhoi'ized to ailininister oaths, and in the case of State officers and judges of the supreme court shall be filed in the office of the secre- tary of state, and in the case of other judicial and county officers in the office of the clerk of the county in which the same is taken; any person refusing to take said oath or affirmation shall forfeit his office, and any person who shall be convicted of having sworn or affirmed falsely, or of having violated said oath or affirmation, sliall be guilty of perjury, and be forever disqualitied from holding any office of trust or profit within this State. The oatli to members of the senate and house of reprt^sentativos shall be administered by one of the judges of the supreme court or a justice of the peace, in the hall of the house to which the memlicrs shall be elected. ARTICLE VII. Education. Section 1. The legislature sliall provide for tlie establishment and maintenance of a complete and uniform system of public Instruction, embracing free elementary schools of every needed kind and grade, a university with such teclinical and professional departments as the public good may require and the means of the State allow, and such other institutions as may be necessary. Sec. 2. The following are declared to be perpetual funds for school purposes, of which the annual income only can be appropriated, to wit: Such per centum as has been or may hereafter be granted by congress on the sale of lands in this State; all moneys arising from the sale or lease of sections number sixteen and thirty-six in each township in the State, and the lands selected or that may be selected in lieu thereof; the proceeds of all lands that have been or may here- after be granted to this State, where by the terms and conditions of the grant, the same are not to be otherwise appropriated; the net proceeds of lands and other property and effects that may come to the State by escheat or forfeiture, or from unclaimed dividends or distributive shai-es of the estates of deceased persons; all moneys, stocks-, bonds, lands and other property now belonging to the common school fund. Sec. 3. To the sources of revenue above mentioned shall be added all other grants, gifts and devises that have been or may hereafter be made to this State and not otherwise appropriated by tlie terms of tlie grant, gift or devise. Sec. 4. All moneys, stocks, bonds, lands and other property belong- ing to a county school fund, except such moneys and property as may be provided by law for current use in aid of public scliools, shall belong to and be securely invested and sacredly presei'ved in the sevei'al counties as a county public school fund, the income of which shall be appropriated exclusively to the use and support of free pub- lic schools in the several counties of the State. See. 5. All fines and penalties under general laws oi the State shall belong to the public school fund of the respective counties and be paid over to the custodians of such funds for the current support of the public schools therein. Sec. 6. All funds belonging to the State for public school purposes, the interest and income of which only are to be used, shall be deemed THK CONSTITITTION OF WYOMING. 245 trust funds in the car'i of tlie State, which shall keep tliem for the exflusive benefit of the public scliools, and shall make good any losses that may in any manner occur, so that the same shall remain for- ever inviolate and undiminished. None of such funds shall ever be in- vested or loaned e.xiept on the bonds issued by school districts, or registered county bonds of the State, or State securities of this State, or of the United States. Sec. 7. The income arising from the funds mentioned in the pre- ceding section, togethei- with all the rents of the unsold school lands and such other mean.s as the legislature may provide, shall l)e ex- clusively applied to tlie support of free schools in every county in the State. Sec. 8. Provision shall be made by general law for the equitable distribution of such income among the several counties according to the number of children of school age in each; which several coun- ties shall in like manner distribute the proportion of said fund by them received respectively to the several school districts embraced therein. But no appropriation shall be made from said fund to any district for the year in which a school has not been maintained for at least three months; nor shall any portion of any public school fund ever be used to support or assist any private school, or any school, academy, seminary, college or other institution of learning controlled by any church or sectarian organization or religious denomination whatso- ever. Sec. 9. The legislature shall make such further provision by taxa- tion or otherwise, as with the iu'i'ome arising from the general school fund will create and maintain a thorough and efficient system of public schools, adequate to the proper instruction of all the youth of the State, between the ages of six and twenty-one years, free of charge; and in view of such provision so made, the legislature shall require that every child of sufficient physical and mental ability shall attend a public school during the period between six and eighteen years for a time equi\'alent to three years, unless educated by other means. Sec. 10. In none of the public schools so established and maintained shall distinction or discrimination be made on account of sex, race or color. Sec. 11. Neither the legislature nor the superintendent of public in- struction shall have power to prescribe text books to be used in the public schools. Sec. 12. No sectarian instruction, qualifications or tests shall be imparted, exacted, applied or in any manner tolerated in the schools of any grade or character controlled by the State, nor shall attendance be required at any religious service therein, nor shall any sectarian tenets or doctrines be taught or favored in any public school or in- stitution that may be established under this constitution. Sec. 13. The governor, secretary of state, state treasurer and super- intendent of public instruction shall constitute the board of land com- missioners, which, under direction of the legislature, as limited by this constitution, shall have direction, control, leasing and disposal of the lands of the State granted, or which may be hereafter granted for the support and benefit of public schools, subject to the further limitations that the sale of all lands shall be at public auction, after such delay (not less than the time fixed by Congress) in portions 246 'I'Hl-; tlOVEKNMKN'r OF \VVOMIN(;. at proper inlervals of time, find at suth mininium prices (not less than the mininium fixed by Coriji;ie.ss) as to realize tlie larsest pos- sible proceeds. Sec. 14. The general sui'ervision of the public schools shall be en- trusted to the State superintendent of public instruction, whose powers and duties shall be prescribed l)y law. The University. Sec. 15. The establishment of the University of Wyoming is hereby confirmed, and said institution, with its several departments, is hereby declared to be the University of the State of Wyoming. All lands which have been heretofore granted or which may be granted here- after by Congress unto the imiversity as such, or in aid of the instruc- tion to be given in any of its departments, with all other grants, donations, or devises for said univ3rsity, or for any of its departments, shall vest in said university, and be exclusively used for the purposes for which they were granted, donated or devised. The said lands may be leased on terms approved by the land commissioners, but may not be sold on terms not approved by Congress. Sec. 16. The university shall be equally open to students of botli sexes, irrespective of race or color; and, in order that the instruction furnished may be as nearly free fs possible, any amount in addition to the income from its grants of lands and other sources above men- tioned, necessary to its support tmd maintenance in a condition of full efficiency shall be raised by taxation or otherwise, under pro- visions of tlie legislature. Sec. 17. The legislature shall provide by law for tlie management of the university, its lands and other property by a board of trustees, consisting of not less than seven members, to be appointed by the governor by and with the advice and consent of the senate, and the president of the university, and the superintendent of public instruc- tion, as members ex-offlcio, as such having the right to speak, but not to vote. The duties and powers of the trustees shall be prescribed by law. Charitable and Penal Institutions. Sec. 18. Such charitable, reformatoi'y and penal institutions as the claims of humanity and the public good may require, shall be estab- lished and supported by the State in such manner as the legislature may prescribe. They shall be under the general supervision of a State board of charities and reform, whose duties and powers shall he pre- scriljed by law. Sec. 19. The property of all charitable and penal institutions be- longing to tlie Territory of Wyoming shall, upon the adoption of this constitution, become the property of the State of Wyoming, and such of said institutions as are then in actual operation, shall thereafter have the supervision of the board of charities and reform as provided in the last preceding section of rliis article, under provisions of the legislature. T 111-; ( •( ).\ ST I T HT 1 OX OF W VOM 1 NG. 247 Public Health and Morals. Sec. 20. As the health and morality of the people are essential to I heir well-being, and to the peace and permanence of the State, it shall be the duty of the legislature to protect and promote these vital inter- ests by such measures for the encouragement of temperance and virtue, and such restrictions upon vice and immorality of every sort, as are deemed necessary to the public welfare. Public Buildings. Sec. 21. All public buildings and other property, belonging to the Territory shall, upon the adoption of this constitution, become the property of the State of Wyoming. Sec. 22. Tlie construction, care and preservation of all pulilic build- ings of the State not under the control of the board of officers of public institutions by authority of law shall be entrusted to such offi- cers or boards, and under such regulations as shall be prescribed by law. Sec. 23. The legislature shall have no power to change or to locate the seat of government, the State University, insane asylum, or State penitentiary, but may after the expiration of ten (10) years after the adoption of this constitution, provide by law for submitting the ques- tion of the permanent locations thereof, respectively, to the qualified electors of the State, at some general election, and a majority of all votes upon said question cast at said election, shall be necessary to determine the location thereof; but for said period of ten (10) years, and until the same are respectively and permanently located, as herein provided, the location of the seat of government and said institutions shall be as follows: The seat of government shall be located at the City of Cheyenne, in the county of Laramie. The State University shall be located at the City of Laramie, in the county of Albany. The insane asylum shall be located at the town of Evanston, in the count j' of Uinta. The peni- tentiary shall be located at the City of Rawlins, in the county of Car- bon; but the legislature may provide by law that said penitentiary may be converted to other public uses. The legislature shall not locate any other public institutions except under general laws, and by vote of the people. ARTICLE VIII. Irrigation and Water Rights. Section 1. The water of all natural streams, springs, lakes or other co'.lections of still water, within the boundaries of the State, are hereby declared to be the property of the State. Sec. 2. There shall be constituted a board of control, to be com- posed of the State Engineer and superintendents of the water divi- sions; which shall, under such regulations as may be prescribed by law, have the supervision of the waters of the State and of their appro- priation, distribution and diversion, and of the various officers con- nected therewith. Its decisions to be subject to review by the courts of the State. 248 'I'lIK (lOVKRNMIONT OF WV()MIN(i. Sec. 3. I'riority of approprialiun for beiiericial uses shall jfive the betti^r ii.t;lit. No appio{)riation >-hall he denied except when sueh denial is demanded by the public interests. Sec. 4. The legislature shall by law divide the State into four (4) water divisions, and provide for the appointment of superintendents thereof. Sec. 5. Tht-re sliall be a State euKineer who shall be appointed by tiie f^overnor of the State and confirmed by the senate; he shall hold his office for the term of six (6) years, or until his successor shall have been appointed and shall have qualified. He shall be president of the boaid of control, and shall have general supervision of the waters of the State and of the officers connected with its distribution. No person shall be appointed to this position who has not such theoretical knowledge and such practical experience and skill as shall fit him for the position. ARTICLE IX. Mines .nnd Mining. Section 1. There shall be established and maintained the ofHce of inspector of mines, the duties and salary of which shall be prescribed by law. When said office shall be established, the governor shall, with the advice and consent of tiie senate, appoint thereto a person proven in the manner provided by law to be competent and practical, whose term of office shall be two years. Sec. 2. The legislature sliall provide by law for the proper develop- ment, ventilation, drainage and operation of all mines in this State. Sec. 3. No boy under the age of fourteen years and nc) woman or girl of any age shall be employed or permitted to be in or about any coal, iron or other dangerous mines for the purpose of employ- ment therein: pi'ovided, however, this provision shall not affect the employment of a boy or female of suitable age in an office or in the performance of clerical work at such mine or colliery. Sec. 4. For any injury to person or pi'operty caused by wilful fail- ure to comply with the provisions ■)f this article, or laws passed in pur- suance hereof, a right of action shall accrue to the party injured, for the damage sustained thereby, and in all cases in this State, whenever the death of a person shall be caused by wrongful act, neglect or de- fault such as would, if death had not ensued, have entitled the party injured to maintain- an action to recover damages in respect thereof, the person who, or the corporation whicii would have been liable, if death had not ensued, shall be liable to an action for damages, not- withstanding the death of the person injured, and the legislature shall provide by law at its first session for the manner in which the right of action in respect thereto shall be enforced. Sec. 5. The legislature may provide that the science of mining and metallurgy be taught ir one of the institutions of learning under the patronage of the State. Sec. 6. There shall be a State geologist, who shall be appointed by the governor of the State, with the advice and consent of the senate. He shall hold his office for a term of six (6) years or until his successor shall have been appointed and shall have qualified. His duties and Till-: COXSTITUTION' OF WYOMING. 249 i-oinpensation shall be prescribed by law. No person shall be appointed lo this position unles.-^ he has such theoretical knowledge and sucli practical experience and skill as phall fit him for the po.sition; said State geologist shall ex-ofRcio pei-foi-ni the duties of inspector of mines until otherwise provided liy law. ARTICLE X. Corporations. Section 1. The le.sfislature shall provide for the organization of cor- porations by general law. All laws relating to corporations may be altered, amended or repealed by the legislature at any time when neces- sary for the public good and general welfare, and all corporations doing business in this State may as to such business be regulated, limited or restrained b.v law not in conflict with the constitution of the United States. Sec. 2. All powers and franchises of corporations are derived from the people and are granted by thoir agent, the government, for the public good and general welfare, and the right and duty of the State to control and regulate them for these purposes is hereby declared. The power, rights and privileges of any and all corporations may be for- feited by willful neglect or abuse thereof. The police power of the State is supreme over all corporations as well as individuals. Sec. 3. All existing chaileVs, franchises, special or exclusive priv- ileges under which an actual and bona fide organization shall not have taken place for the purpose for which formed and which shall not have been maintained in good taith to the time of the adoption of this constitution shall thereafter have no validity. Sec. 4. No law shall be enacted limiting the amount of damages to be recovered for causing the injury or death of any person. Any con- tract or agreement with any em;iloye waiving any right to recover damage?- for causing tlie deatli or in.iury of any employe shall be void. Sec. .5. No c-orporatiun organized under the laws of Wyoming Ter- ritory or any other jurisdiction than this State, shall be permitted to transact business in this State until it shall have accepted the con- stitution of this State and filed such acceptance in accordance with the laws thereof. Sec. 6. No corporation shall have power to engage in more than one general line or department of business, which line of business shall be distinctly specified in its charter of incorporation. Sec. 7. All corporations engag'^d in the transportation of persons, property, mineral oils, and mineral products, news or intelligence, incluriing railroads, telegraphs, express companies, pipe lines and telephones, are declared to be common carriers. Sec. 8. There shall be no consolidation or combination of corpora- tion.s of any kinds whatever to prevent competition, to control or in- fluence productions or prices thereof, or in any manner to interfere with the public good and general welfare. Sec. 9. The right of eminent domain shall never be so abridged or construed as to prevent the legislature from taking property and franchises of incorporated companies and subjecting them to pub- lic us-e the same as the property of individuals. 250 TlIK (iOVKKNiMKNT OF WYOMING. Sec. 10. The legislature sliall provide by suitable leKislalion for the <)ip;aiiizali(in of mutual and co-oiierative associations or corporations. Railroads. Section 1. Any railroad corporation or association organized for the purpose, shall have the right to construct and operate a railroad between any points within this State and to connect at the State line with railroads of other States. /{Ivery railroad shall have the right with its road to intersect, connect with or cross any other railroad, and all railroads shall receive and transport each other's passengers, and tonnage and cars, loaded or empty, without delay or discrimina- tion. Sec. 2. Railroad and telegraph lines heretofore constructed or that may hereafter be constructed in this State are hereby declared public highways and common carriers, and as such must be made by law to extend the same equality and impartiality to all who use them, excepting employes and their families and ministers of the gos- pel, whether individuals or corporations. Sec. 3. Every railroad corporation or association operating a line f>f railroad within thi« State shall annually make a report to the auditor of State of its business within this State, in such form as the legislature may prescribe. Sec. 4. Exercise of the power and right of eminent domain shall never be so construed or abridged as to prevent the taking by the legislature of property and franchises of incorporated companies and subjecting them to public use the same as property of Individuals. Sec. 5. Neither th? State, nor any county, township, school dis- trict or municipality shall loan or give its credit or make donations to or in aid of any railroad or telegraph line; provided, that this section shall not apply to obligations of any county, city, township or school district, contracted prior to the adoption of this constitution. Sec. 6. No railroad or other Transportation company or telegraph company in existence upon the adoption of this constitution shall de- rive the benefit of any future legislation without first filing in the office of the secretary of state an acceptance of the provisions of this constitution. Sec. 7. Any association, corporation or lessee of the franchises thereof organized for the purpose shall have the right to construct and maintain lines of telegraph »vithin this State, and to connect the same ■with other lines. Sec. 8. No foreign railroad or telegraph line shall do any business within this State without having an agent or agents within each county through which such railroad or telegraph line shall be con- structed upon whom process may be served. Sec. 5. No railroad company shall construct or operate a railroad within four (4) miles of any existing town or city without pro- viding a suitable depot or stopping place at the nearest practicable point for the convenience of said town or city, and stopping all trains doing local business at said stopping place. No railroad company shall deviate from the most direct practicable line in constructing a railroad for the purpose of avoiding the provisions of this section. Til K COXSTlTrTIOX OF WYOMING. 251 AF?TICLE XI. Boundaries. Section 1. Tlie bouiulaiies of the State of Wyoming sliall be as fol- lows: Commencins at the iiitersec'.ion of the twenty-seventh meridian of longitude west from Washington with the forty-fifth degree of north latitude, and running thence west to the thirty-fourth meridian of west longitude, thence south to the forty-first degree of north latitude, thence east to the twenty-seventh meridian of west longitude, and thence north to place of beginning. ARTICLE XII. County Organization. Section 1. The several counties in tlie Territory of Wyoming as they shall exist at the time of the admission of said Territory as a State, are hereby declared to be the counties of the State of Wyo- ming. Sec. 2. The legislature shall provide by general law for organizing new counties, locating the county seats thereof temporarily and chang- ing county lines. But no new county shall be formed unless it shall contain within the limits thereof property of the valuation of two million dollars, as shown by last preceding tax returns, and not then unless the remaining portion of the old county or counties shall each contain property of at least three million of dollars of assessable valu- ation; and no new county shall be organized nor shall any organized county be so reduced as to contain a population of less than one thou- sand five hundred bon;i fide inhabitants, and in case any portion of an organized county or counties is stricken off to form a new county, the new couuty shall assume and be holden for an equitable propor- tion of the indebtedness of the county or counties so reduced. No county shall be divideil unless a majority of the ciualified electors of the territory proposed to be cut off voting on the proposition shall vote in favor of the division. Sec. 3. The legislature shall provide by general law for changing county seats in organized counties, but it shall have no power to re- move the county seat of anj- organized county. Sec. 4. The legislature shall provide by general law for a system of township organization and government, which may be adopted by any county whenever a majority of the citizens thereof voting at a general election shall so determine. Sec. 5. The legislature shall provide by law for the election of such county officers as may be necessary. ARTICLE XIII. Municipal Corporations. Section 1. The legislature shall provide by general laws for the organization and classification of municipal corporations. The num- ber of such classes shall not exceed four (4), and the powers of each class shall be defined by general laws, so that no such corporation shall have any powers or be subject to any restrictions other than all corporations of the same class. Cities and towns now existing under special charters or the general laws of the Territory may aban- don such charter and reorganize under the general laws of the State. L'.-)L> TJIH (JOVKK.N'MHNT OW WYOMING. . Sec. 2. No municipal coiporaiiun shall be oisanizetl without the con- sent of the majority of the electors residing within the district pro- posed to be so incorporated, such consent to be ascertained in the manner and imder such regulations as may be prescribed by law. Sec. 3. The lej^islaturc shall restrict the powers of such corporations to levy taxes and assessments, to borrow money and contract debts so as to prevent the abuse of such power, and no tax or assessment shall be levied or collected or dents contracted by municipal corpora- tions except in pursuance of law for public purposes specified by law. Sec. 4. No street passenger railway, telegraph, telephone or electric light line shall bo constructed within the limits of any municipal organization without the consent of its local authorities. Sec. 5. Municipal corporations shall have the same right as indi- viduals to acquii'e rights by prior appropriation and otherwise to the use of water for domestic and mu.iicipal purposes, and the legislature shall provide by law for the exercise upon the part of incorporated cities, towns and villages of the right of eminent domain for the purpose of acquiring from prior appropriators upon the payment of just compensation, such water as may be necessary for tlie well-being thereof and for domestic uses. ARTICLE XIV. Salaries. Section 1. All State, city, county, town and scliool officers, (ex- cepting justices of the peace and constables in precincts having less than fifteen hundred population, and excepting court commissioners, boards of arbitration and notaries public) shall be paid fixed and definite salaries. The legislature shall, from time to time, fix the amount of sucli salaries as are not already fixed by this constitution, which sliall in all cases, be in proportion to the value of the services rendered and the duty performed. Sec. 2. The legislature shall provide by law the fees which may be demanded by justices of the peace and constables in precincts having less than fifteen hundred population, and of court commissioners, boards of arbitration and notaries public, which fees the said officers sliall accept as their full compensation. But all other State, county, city, town and scliool officers shall be required by law to keep a true and correct account of all fees collected by them, and to pay the same into tlie proper treasury when collected, and the officer whose duty it is to collect sucli fees shall be held responsible, under his bond, for neglect to collect the same; provided, that in addition to the salary of sheriff they shall be entitled lo receive from the party for whom the services are rendered in civil cases sucli fees as may be pre- scribed by law. Sec. 3. The salaries of county officers shall be fixed by law witliin the following limits, to wit: In counties having an assessed valua- tion not exceeding two millions (2,000,000) of dollars, the sheriff shall be paid not more tlian fifteen hundred dollars per year. The county clerk shall not be paid more than twelve hundred ($1,200) dollars per year. The county and prosecuting attorney shall not be TlIK (OXSTITITTJOX OF \VV()M[\(i. 2oS paid more than twelve hundred (.$1,2()0) dollars per year. The county treasurer shall not be paid more than one thousand ($1,000) dollars per year. The county assessor shall not be paid more than one thou- sand ($1,000) dollars per year. The county superintendent of schools shall not be paid more than five hundred ($.500) dollars per year. In counties having an assessed valuation of more than two millions ($2,000,000) of dollars and not exceeding five millions ($.'>, 000, 000) of dollars, the sheriff shall not be paid more than two thousand ($2,000) dollars per year. The county clerk shall not be paid more than eighteen hundred ($1,800) dollars per year. The county treasurer shall not be paid more than eighteen hundred ($1,800) dollars per year. The coimty assessor shall not be paid more than twelve hundred ($1,200) dollars per year. The county and pro.'^ecuting attorney sliall not be paid more than fifteen hundred ($1,.500) dollars per year. The county superintendent of schools shall not be paid more than seven hundred and fifty ($7.'50) dollars ner year. In counties having more than five millions ($5,000,000) dollars as- sessed valuation, the sheriff shall not be paid more than two thou- sand ($2,000) dollars per year. The county clerk shall not be paid more than two thousand ($2,000) dollars per year. The rounty treas- urer shall not be paid more than two thousand ($2,000) dollars per year. The county assessor shall not be paid more than fifteen hundred ($1,500) dollars per year. The county and prosecuting attorney shall not be paid more than twenty-five hundred ($2,500) dollars per year. The county superintendent of schools shall not be paid moie than one thousand ($1,000) dollars per year. The county surveyor in each county shall receive not to exceed eight ($8.00) dollars per day, for each day actually engaged in the performance of the duties of his office.- Sec. 4. The legislature shall provide by general law for such deputies as the public necessities may require, and shall fix their compensa- tion. Sec. 5. Any county officers performing the duties usually per- formed by the officers named in -his article shall be considered as re- ferred to by section .3 of this article, regai-dless of the title by which their offices may hereafter be designated. Sec. 6. Whenever practicable the legislature may, and whenever the same can be done without detriment to the public service, shall con- solidate offices in State, county and municipalities respectively, and whenever so consolidated, the duties of such additional office .shall be performed under an ex-officio title. ARTICLE XV. Taxation and Revenue. Section 1. All lands and improvements thereon shall be listed for assessment, valued for taxation and assessed separately. Sec. 2. All coal lands in the State from which coal is not being- mined shall be listed foi" assessment, valued for taxation and assessed according to value. Sec. 3. All mines and mining claims from which gold, silver and other precious metals, soda, saline, coal, mineral oil or other valuable deposits, is or may be produced shall be taxed in addition to the sur- face improvements, and in lieu of taxes on the lands, on the gross product thereof, as may be prescribed by law; pi-ovided, that tlie product of all mines shall be taxed in proportion to the value thereof. 2-A TIIK (JOVERNMKNT OK WYOMTNCJ. Sec. 4. For Stale revenue, there sliall be levied annually a tax not to exceed four mills on the dollar of the assessed valuation of the property in the State except for the support of State educational and charitable institutions, the payment of the State debt and the interest thereon. Sec. 5. For county revenue tliere shall be levied annually a tax not to exceed twelve mills on the dollar for all purposes, including general school tax, exclusive of State revenue, except for the payment of its public debt and the interest thereon. An additional tax of two dollars for each person between the ages of twenty-one years and fifty years, inclusive, shall be anni'ally levied for county school purposes. Sec. 6. No incorporated city or town shall levy a tax to exceed eight mills on the dollar in any one year, except for the payment of its public debt and the interest thereon. Sec. 7. All money belonging to the State, or to any county, city, town, village, or other sub-division therein, except as herein other- wise provided, shall whenever practicable, be deposited in a national bank or banks, or in a bank or banks incorporated under the laws of this State; provided that the "oank or banks in which such money is deposited shall furnish security to be approved as provided by law; and shall also pay a reasonable rate of interest thereon. Such Interest shall accrue to the fund from which it is derived. Sec. 8. The making of profit, directly or indirectly, out of State, county, city, town or school district money or other public fund, or using the same for any purpose not authorized by law, by any public officer, shall be deemed a felony, and shall be punished as provided by law. Sec. 9. There shall be a state board, composed of the State auditor, treasurer and secretary of state. Sec. 10. The duties of the state board shall be as follows: To fix a valuation each year for the assessment of live stock and to notify the several county boards of equalization of the rate so fixed at least ten (10) days before the day fixed for beginning assessments; to assess at their actual value the franchises, roadway, roadbed, rails and roll- ing stock and all other property, used in the operation of all railroads and other common carriers, except machine shops, rolling mills and hotels in this State; such assessed valuation shall be apportioned to the counties in which said roads jmd common carriers are located, as a basis for taxation of such pioperty; provided, that the assessment so made shall not apply to incorporated towns and cities. Said board shall also have power to equalize ahe valuation on all property in the several counties for the State revenue and such other duties as may be prescribed by law. Sec. 11. All property, except as in this constitution otherwise pro- vided, shall be uniformly assessed for taxation, and the legislature shall prescribe such regulations as shall secure a just valuation for taxation of all property, real and personal. Sec. 12. The property of the United States, the State, counties, cities, towns, school districts, municipal corporations and public lib- raries, lots with the buildings thereon used exclusively for religious worship, church parsonages, public cemeteries, shall be exempt from taxation, and such other property as the legislature may by general law provide. THK C()N8TlTUTI0x\ OF WYOMING. 255 Sec. 13. No tax shal) be levied, except in pursuance of law, and every law imposing a tax shall stale distinctly the object Oi the same. to which only it shall be applied. Sec. 14. The power of taxation shall never be .surrendered or sus- pended by any grant or contract to which the Slate or any county or other municipal corporation shall be a party. ARTICLE XVI. Public Indebtedness. Section 1. The Slata of Wyoming shall not, in any manner, create any indebtedness exceeding one per centum on the assessed value of the taxable property in the State, as shown by the last general assessment for taxation, preceding; except to suppress insurrection or tp provide for the public defense. Sec. 2. No debt in excess of the taxes for the current year, shall in any manner be created in the State of Wyoming, unless the proposi- tion to create such debt shall have been submitted to a vote of the people and by them approved; except to suppress insurrection or to pi-o- vide for the public defense. Sec. 3. No county in the State of Wyoming shall in any manner create any indebtedness, exceeding two per centum on the assessed value of taxable property in such county, as shown by the last general •assessment, preceding; provided, liowever, that any county, city, town, village or other sub-division thereof in the State of Wyoming, may bond its public debt existing at the time of the adoption of this con- stitution, in any sum not exceeding four per centum on the assessed value of the taxable property in such county, city, town, village or other sub-division, as shown by the last general assessment for taxa- tion. Sec. 4. No debt in excess of the taxes for tlie curi-ent yeai- shnll. in any manner, be created by any county or sub-division thereof, or any city, town or village, or any sub-division thereof in the State of Wyoming, unless the proposition to create such debt shall have been submitted to a vote of the people thereof and by them approved. Sec. 5. No city, town or village, or any sub-division thereof, or any sub-division of any county of the State of Wyoming, shall, in any manner, create any indebtedness exceeding two per centum on the assessed value of the taxable property therein; provided, however, that any city, town or village may be authorized to create an addi- tional indebtedness, not exceeding four per centum on the assessed value of the taxable property therein as shown by the last preceding general assessment, for the purpose of building sewerage therein. Debts contracted for supplying water to such city or town are ex- cepted from the operation of this section. Sec. 6. Neither the State nor any county, city, townsliip, town, school district, or any other political sub-division, shall loan or give its credit or make donations to or in aid of any individual, association or corporation, except for necessa.^y support of the poor, nor subscribe to or become the owner of the capital stock of any association or cor- poration. The State shall not engage in any work of internal im- provement unless authorized by a two-thirds vote of the people. Sec. 7. No money shall be paid out of the State treasury except upon appropriation by law and on warrant drawn by the proper ofR- L>0(> THIO (H)VlORXMKiNT ()F WYOMING. cer. ami no l^ills, claims, actouiUs ur deiiiaiids against the State, or any icjunty or political sub-division, shall be audited, allowed or paid until a full itemized slateni'.'nt in writing, verified by affidavit, sliall be Hied witli the officer or officers whose duty it may be to audit the same. Sec. 8. No bond or evidence of indebtedness of the State shall be valid unless the same shall have endorsed thereon a certificate signed by the auditor and secretary of 'tate tliat the bond or evidence of debt is issued pursuant to law and is within the debt limit. No bond or evidence of debt of any county, or bond of any township, or other political sub-division, sliall be valid unless the same shall have endorsed thereon a certificate sig led by the county auditor or other officer authorized by law to sign such certificate, stating that said bond or evidence of debt is issued pursuant to law and is within the debt limit. ARTICLE XVII. State Militia. Section 1. The militia of the State shall consist of all able-bodied male citizens of the State, between the ages of eighteen and forty- five years; e.xcept such as are exempted by the law of the United States or the State. But all such citizens having scruples of conscience reverse to bearing armn shall be excused therefrom upon such con- ditions as shall be prescribed by law. Sec. 2. The legislature shall provide by law for the enrollment, equipment and discipline of the militia to conform as nearly as prac- ticable to the regulations for the government of the armies of the I'nited States. Sec. 3. All militia officers shall be cominissioned by the governor, the manner of their selection to l;e provided by law, and may hold their commissions for such period of time as the legislature may pro- vide. Sec. 4. No military organization luider the laws of the state shall carry any banner or flag representing any sect or society or the flag of any natioanlity but that of the United States. Sec. 5. The governor sliall be commander-in-chief of all the mili- tary forces of the state, and shall have power to call out the militia to -preserve tlie public peace, to execute the laws of the state, to sup- jiress insurrection or repel invasion. ARTICLE XVIII. Public Lands and Donations. Section 1. The state of Wyoming hereby agrees to accept the grants of lands heretofore made, or that may be hereafter made by the United States to the state, for educational purposes, for public build- ings and institutions and for other objects, and donations of money with the conditions and limitations tliat may be imposed by the act or acts of congress, making such grants or donations. Such lands shall be disposed of onlj' at public auction to tiie liighest responsible l)idder, after having been duly appraised by the land commissioners, at not less than three-fourths of the appraised value thereof, and for not less than $10 per acre; provided, that in case of actual and bona TITE ("ONSTITUTIOX OF WVOMlNtJ. 257 fide settlenieiit and iinr.ro\emenl tlieieon al llie time of the adoption of this constitution, such artual seitler shall have the preference right to purchase the land whereon he may have settled, not exceediuR 160 acres at a sum not less than the appiaii--od value thereof, and in makinK such appraisement the value of improvements shall not be taken into cons^ideration. If, at any time hereafter, the I'nited States shall grant any arid lands in the state to the state, on the condition that the state reclaim and dispose of them to actual settlers, the legislature shall he authorized to accept such arid lands on such con- ditions, or other conditions, if the same are practicable and reason- :iV)ie. Sec. 2. The proceeds from the sale and rental of all lands and other properly donated, granted or received, or that may hereafter be donated, granted or received, from the United States or any other source, shall be inviolphly appropriated and applied to the specific purposes specified in tlie original grant or gifts. Sec. 3. The governor, s.uperintendent of public instiuction and secre- tary of state, shall constitute a board of land commissioners who. under such regulations as may be provided by law, shall have the direction, control, disposition and care of all lands that have been lieietofore or may hereafter be granted to the state. Sec. 4. The legislature shall enact the necessary laws for the sale, disposal, leasing or care of all lands that have been or may hereafter he granted to the state, and shall, at the earliest practicable period, provide by law for the location and selection of all lands that have been or may hereafter be granted by congress to the state, and shall ))ass laws for the suitable keeping, transfer and disbursement of the land grant funds, and shall recjuire of all officers charged with the same or the safe keeping thereof to give ample bonds for all money.< and funds received by them. Sec. 5. E-Kcept a preference right to buy as in this constit\ition otherwise provided, no law shall ever be passed by the legislature trranting any privileges to persons who may have settled upon, any of the schools lands granted to the state subsequent to the survey lliereof by the general government, by which the amount to be de-- rived by the sale, or other disposition of such lands, shall be dimin- is led directly or indirectly. Sec. 6. If any portion of the interest or income of the perpetual School fund be not expended during any year, said portion slial! be added to and become a part of the said school fund. ARTICLE XIX. Miscellaneous. Live Stock. Section 1. The legislature shall pass all necessary laws to provide fo" the protection of live stock against the introduction or spi-ead of plcuro-pneumonia. glanders, splenetic, or Texas fever, and other in- fectious or contagious diseases. The legislature shall also establish a system of quarantine, or inspection, and such other regulations ;is may be necessary for the protection of stock owners, and most 'onducive to the stock interests within the state. 258 'i'lIH OOXKHNMKXT OF WVOMINU. Concerning Labor. Section 1. Eight (8) lioius at'tual work .shall constitute a lawful (lay's work in all mines, a)i(l on all .stale and niuni<-ip!il woi'ks. Labor on Public Works. Section 1. No por.son not a citizen of the United States or who has n:->t declared lii.s intentions to heconie such, shall be employed upon or in connection with any state, county or nuuiicipal works or em- ployment. Sec. 2. The legislature shall, by appropriate lesislation, see that the provisions of the foregoing section are enforced. Boards of Arbitration. Section 1. The legislature shall establish courts of arbitration, whose duty it shall be to hear, and determine all differences, and controversies between organizations or associations of laborers, and their employers, which shall be submitted to them in such manner as the legislature may provide. Police Powers. Section 1. No armed police force, or detective agency, or armed body, or unarmed body of men, shall ever be brought into this state, for the suppression of domestic violence, except upon the applica- tion of the legislature, or executive, when the legislature cannot be convened. Labor Contracts. Section 1. It shall be unlawful for any person, company or cor- poration, to require of its servants or employees as a condition of their employment, or otherwise, any contract or agreement, whereby such person, company or corporation shall be released or discharged from liability or responsibility, on account of personal injuries received by such servants or employees, while in the service of such person, company or corporation, by reason of the negligence of such person, company or corporation, or the agents or employees thereof, and such conti-acts shall be absolutely null and void. Arbitration. Section 1. The Legislature may provide by law for the voluntary submission of differences to arbitrators for determination, and said arbitrators shall have such powers and duties as may be prescribed by law, but they shall have no power to render judgment to be obligatory on parties, unless they voluntarily submit their matters of difference and agi'ee to abide by the judgment of such arbitrators. Homesteads. Section 1. A homestead as provided by law shall be exempt from forced sale under any process of law, and shall not be alienated with- out the joint consent of husband and wife, when that relation exists; but no property shall be exempt from sale for taxes, or for the pay- tnent of obligations contracted for the purchase of said premises, or for the erection of improvements thereon. 'niio co.xsTiTK'riox of wvckmino. 2-M) ARTICLE XX. Amendments. Section 1. Aiij- ;iinernlment or iiniendnients to this i;onstitutioi) nmy lie prupo.scil in either branch of the Lesislature, and, if the same shall be agreed to by two-thirds of all the members of each of the two houses, voting separately, such proposed amendment or amendments sliall, with the yeas and naj-s thereon, be entered on their journals, and it shall be the duty of the IjCgislature to submit such amendment or amendments to the electors of the State at the ne.xt general election, and cause the same to be published without delay for at least twelve (12) consecutive weeks, prior to said elec- tion, in at least one newspaper of general circulation, published in each county, and if a majority of the electors shall ratify the same, such amendment or nnieiidinents shall become a part of this Con- stitution. Sec. 2. If two or more amendments are proposed, they shall be submitted in such manner that the electors shall vote for or against each of them separately. Sec. 3. Whenever two-thirds of the members elected to each branch of the Legislature shall deem it necessary to call a conven- tion to revise or amend this Constitution, they shall recommend to the electors to vote at the next general election for or against a con- vention, and if a majority of all the electors voting at such election shall have voted for a convention, the I..egislature shall at the next session provided by law for calling the same; and such convention shall consist of a number of members, not less than double that of the most numerous branch of the Legislature. Sec. 4. Any Constitution adopted by such convention shall have no validity until it has been submitted to and adopted by the people. ARTICLE XXI. SchedLile. Section 1. That no inconvenience may arise from a change of tlie Territorial government to a permanent State government, it is declared that all writs, actions, prosecutions, claims, liabilities and obligations against the Teri-itory of Wyoming, of whatever nature, and rights of individuals, and of bodies corporate, shall continue as if no change had taken jilace in this government, and all process which may, before the organization of the judicial department under this Constitution, be issued under the authority of the Territoi-y of Wyoming sliall be as valid as if issued in the name of the State. Sec. 2. All property, real and personal, and all moneys, credits, claims and choses in action, belonging to the Territoi-y of Wyoming, at the time of the adoption of this Constitution, shall be vested in and become the property of the State of Wyoming. Sec. 3. All laws now in force in the Territory of W^yoming, which are not repugnant to this Constitution, shall remain in force until they expire by their own limitation, or be altered or repealed by the I>egislature. L'HO 'I'll!'; COVKIINM KNT OF WV()MJN(i. Sec. 4. All fines, penalties, t'orleitures and esclieals, accruing to tiie Toiritory of Wyoniins-, shall accrue to the use of the State. Sec. 5. All recognizances, bonds, obligations or other undertakings heretofore taken, or which may be taken before the organization of the judicial department under this Constitution shall remain valid, and shall pass over to and may be prosecuted in the name "f the State, and all bonds, obligations or other undertakings executed to this Territory, or to any offlcer in his official capacity, shall pass over to the proper State authority and to their successors in office, for the uses therein respectively expressed, and may V)e sued for and recovered accordingly. All criminal prosecutions and penal actions which have arisen or which may arise before the organization of the judicial department under this Constitution, and which shall then ♦■ be pending, may be prosecuted to judgment and execution in the name of the State. Sec. 6. All officers, civil and military, holding their offices and appointments in this Territory, under the authority of the United States or under the authority of this Territory, shall continue to hold and exercise their respective offices and appointments until .suspended under this Constitution. Sec. 7. This Constitution shall ])e submitted for adoption or i-e- jection to a vote of the qualified electors of this Territory, at an election, to be held on the first Tuesday in November, A. D. 1889. Said election, as nearly as may be, shall be conducted in all re- spects in the same manner as provided by the laws of the Territory for general elections, and the returns thereof shall be made to the Secretary of said Territory, who with tlie Governor and Chief Jus- tice thereof, or any two of them, shall canvass the same, and if a majority of the legal votes cast shall be for the Constitution the Governor shall certify the result to the President of the United States, together with a statement of the votes cast thereon and a lopy of said Constitution, articles, propositions and ordinances. At the said election the ballots shall be in the following form: "For the Constitution — Yes. No." And as a heading to eacli of said ballots, shall be printed on each ballot the following instructions to voters: "All persons who desire to vote for the Constitution may erase the word 'No.' All persons who desire to vote against the Constitution may erase the word 'Yes.' " Any person may have printed or written on his ballot only the words: "For the Con- stitution," or "Against the Constitution," and such ballots shall be counted for or against the Constitution accordingly. Sec. S. This Constitution shall take effect and be in full force immediately upon the admission of the Territory as a State. Sec. 9. Immediately upon the admission of the Territory as a state, the Governor of the Territory, or in case of his absence or failure to act, the Secretary of the Territory, or in case of his ab- sence or failure to act, the president of this convention, shall issue a proclamation, which shall be published and a copy thereof mailed to the chairman of the Board of County Commissioners of each county, calling an election by the people for all State, district and other officers, created and made elective by tliis Constitution, and fixing a day for such election, which shall not be less than forty days after the date of such proclamation nor more than ninety days after the admission of the Territory as a State. THE CONSTITUTION OI<^ WYOMING. 261 Sec. 10. The board of commissioners of the several counties shall thereupon order such election for said day, and shall cause notice thereof to be given, in the manner and for the length of time pro- vided by the laws of the Territory in cases of general elections for delegate to Congress, and county and other officers. Every qualified elector of the Territory at the date of said election shall be entitled to vote thereat. Said election shall be conducted in all respects in the same manner as provided by the laws of the Territory for gen- eral election, and the returns thereof shall be made to the can- vassing board hereinafter provided for. Sec. 11. The Governor, Secretary of the Territory and president of this convention, or a majority of them, shall constitute a board of canvassers to canvass the vote of such election for member of Congress, all State and district officers and members of the Legisla- ture. The said board shall assemble at the seat of government of the Territory on the thirtieth day after the day of such election (or on the following day if such day fall on Sunday) and proceed to canvass the votes for all State and district officers and mem- bers of the Legislature, in the manner provided by the laws of the Territory for canvassing the vote for delegate to Congress, and they shall issue certificates of election to the persons found to be elected to said offices, severally, and shall make and file with the Secretary of the Territory an abstract certified by them of the num- ber of votes cast for each person, for each of said offices, and of the total number of votes cast in each county. Sec. 12. All officers elected at such election, except members of the Legislature shall, within thirty days after they have been de- clared elected, take the oath required by this Constitution, and give the same bond required by the law of the Territory or district, and shall thereupon enter upon the duties of their respective offices; but the Legislature may require by law all such officers to give other or further bonds as a condition of their continuance in office. Sec. 13. The Governor-elect of the State, immediately upon his qualifying and entering upon the duties of his office, shall issue his proclamation convening the Legislature of the State at the seat of government, on a day to be named in said proclamation, and which shall not be less than thirty nor more than sixty days after the date of such proclamation. Within ten days after the organization of the Legislature, both houses of the Legislature, in joint session, shall then and there proceed to elect, as provided by law, two Senators of the United States for the State of Wyoming. At said election the two persons who shall receive the majority of all the votes cast by said Senators and Representatives shall be elected as such United States Senators, and shall be so declared by the presiding officers of said joint session. The presiding officers of the Senate and House shall issue a certificate to each of said Senators certifying his election, which certificates shall also be signed by the Governor and attested by the Secretary of State. Sec. 14. The Legislature shall pass all necessary laws to carry into effect the provisions of this Constitution. Sec. 15. Whenever any two of the judges of the Supreme Court of the State, elected under the provisions of this Constitution, shall have qualified in their offices, the causes then pending in the Su- preme Court of the Territor5-, and the papers, records and proceed- 262 THE GOVERNMENT OF WYOMING. ings of said court, and the seal and other property pertaining thereto, shall pass into the jurisdiction and possession of the Supreme Court of the State; and until so superseded the Supreme Court of the Territory and the judges thereof shall continue with like powers and jurisdiction, as if this Constitution had not been adopted. When- ever the judge of the District Court of any district, elected under the provisions of this Constitution, shall have qualified in ofHce, the several causes then pending in the District Court or the Terri- tory, within any county in such district, and the records, papers and proceedings of said District Court and tiie seal and other property pertaining thereto, shall pass into tlie jurisdiction and possession of the District Court of the State for such county; and until the District Courts of this Terriltory shall be superseded in the manner aforesaid, the said District Courts and the judges thereof shall continue with the same jurisdiction and power to be exercised in the same judicial districts respectively as heretofore constituted under the laws of the Territory. Sec. 16. Until otherwise provided by law tlie seals now in use in the Supreme and District Courts of this Territory are hereby de- clared to be the seals of the Supreme and District Courts, re- spectively, of the State. Sec. 17. Whenever this Constitution shall go into effect, records and papers and pi-oceedings of the Probate Court in each county, and all causes and matters of administration and other matters pending therein, shall pass into the jurisdiction and possession of the District Court of the same county, and the said District Court shall proceed to final decree or judgment order or other determina- tion in the said several matters and causes, as the said Probate Court might have done if this Constitution had not been adopted. Sec. 18. Senators and members of the House of Representatives shall be chosen by the qualified electors of the several Senatorial and Representative districts as established in this Constitution, until such districts shall be changed by law, and thereafter by the quali- fied electors of the several districts as tlie same sliall be established by law. Sec. 19. All county and precinct officers who may be in office at the time of the adoption of this Constitution, shall hold their re- spective offices for the full time for which they may have been elected, and until such time as their successors may be elected and qualified, as may be provided by law, and the official bonds of all such officers shall continue in full force and effect as though this Constitution had not been adopted. Sec. 20. Members of the Legislature and all State officers. Dis- trict and Supreme Judges elected at the first election held under this Constitution shall hold their respective offices for the full term ne.xl ensuing such election, in addition to tlie period intervening be- tween the date of their qualification and the commencement of such full term. Sec. 21. If the first session of the Legislature under this Consti- tution shall be concluded within twelve months of the time desig- nated for a regular session thereof, then the next regular session following said special session shall be omitted. THE CONSTITUTrON OF WYOMING. 263 Sec. 22. The first regular election that would otherwise occur following the first session of the Legislature, shall be omitted, and all county and precinct offlcers elected at the first election held under this Constitution shall hold their office for the full term thereof, commencing at the expiration of the term of the county and precinct officers then in office, or the date of their qualification. Sec. 23. This Convention does hereby declare on behalf of the people of the Territory of Wyoming, that this Constitution has been prepared and submitted to the people of the Territory of Wyoming for their adoption or rejection, with no purpose of setting up or organizing a State government until such time as the Congress of the United States shall enact a law for the admission of the Terri- tory of Wyoming as a State under its provision. Ordinances. Tlie following article shall be irrevocable without the consent of the United States and the people of this State: Section 1. The State of Wyoming is an inseparable part of the Federal Union and the Constitution of the United States is the su- preme law of the land. Sec. 2. Perfect toleration of religious sentiment shall be secured, and no inhabitant of this State shall ever be molested in person or property on account of his or her mode of religious worship. Sec. 3. The people inhabiting this State do agree and declare that they forever disclaim all right and title to the unappropriated public lands lying within the boundaries thereof, and to all lands lying within said limits owned or held by any Indian or Indian tribes, and that until the title thereto shall have been extinguished by the United States, the same shall be and remain subject to the dispo- sition of the United States, and that said Indian lands shall remain under the absolute jurisdiction and control of the Congress of the United • States; that the lands belonging to citizens of the United States residing without this State shall never be taxed at a higher rate than the lands belonging to residents of this State; that no taxes shall be imposed by this State on lands or property therein, belonging to, or which may hereafter be purchased by the United States, or reserved for its use. But nothing in this article shall preclude this State from taxing as other lands are taxed, any lands owned or held by any Indian who has severed his tribal relations, and has obtained from the United States, or from any person, a title thereto, by patent or other grant, save and except such lands as have been or may be granted to any Indian or Indians under any acts of Congress containing a provision exempting the lands thus granted from taxation, which last mentioned lands shall be exempt from taxation so long, and to such an extent, as is, or may be pro- vided in the act of Congress granting the same. Sec. 4. All debts and liabilities of the Territory of Wyoming shall be assumed and paid bj' this State. Sec. 5. The Legislature shall make laws for the establishment and maintenance of systems of public schools which shall be open to all the children of the State and free from sectarian control. 2G4 THE GOVKRNMKNT OF WYOMING. Done in open convention. uL the City of Clieyenne, in the Territory of Wyoming, tliis .30th day of September in tlie year of our I^ord one thousand eight hundred and eighty-nine. Attested: JOHN K. .JIOFFREY, Secretary. mi<:lville c. brown, President. GEO. W. BAXTER, A. C. CAMPBELI., J. A. CASEBEBR, C. D. CLARK, HENRY A. COFFEEN, ASBURY B. CONAWAY, HENRY S. ELLIOTT, MORTIMER N. GRANT, HENRY^ G. HAY, FREDERICK H. HARVEY, MARK HOPKINS, JOHN W. HOYT, WM. C. IRVINE, JAMES A. JOHNSTON, JESSE KNIGHT, ELLIOTT S. N. MORGAN, EDWARD J. MORRIS, JOHN M. McCANDLISH. HERMAN F. MENOUGH, LOUIS J. PALMER. CALEB P. ORGAN, C. W. HOLDBN, ir. G. NICKERSON, A. L. SUTHERLAND, W. E. CHAPLIN, JONATHAN JONES, JOHN L. RUSSELL, GEO. W. FOX, FRANK M. FOOTE, CHAS. H. BURRITT, CHAS. N. POTTER, D. A. PRESTON, JOHN A. RINER, GEO. C. SMITH, H. E. TESCHEMACHER, C. L. VAGNER, THOS. R. REID, ROBT. C. BUTLER, C. W. BURDICK, DE FOREST RICHARDS, MEYER FRANK, M. C. BARROW, RICHARD H. SCOTT. APPENDIX B. STATE BUFLDINGS. Location Authorized by Legislature Fish Hatchery, Lataniie 1884 Capitol, Cheyenne 1886 Insane Asylum, Evanston 1886 University, Laramie 1886 Deaf, Dumb and Blind Asylum. Cheyenne 1886 (a) Penitentiary, Rawlins 1888 (b) Poor As'ylum. Landers 1888 (f ) Penitentiary, Laramie 1890 (b) Hospital for Disabled Miners, Rock Springs. . . .1890 (c) ,-, , „. , TT 1 \ Sheridan 189s Branch hish Hatchery - „ , „-^^ / Sundance 1895 Soldiers and Sailors' Home, Cheyenne 1895 (a) Big Horn Hot Springs. Thermopolis 1897 (d) Governor's Residence, Cheyenne 1901 (e) T-, 1 ,-• , TT . , \ Lander 190^ Branch hish Hatcherv ] ^ ^ -^ • / Saratoga 1903 Soldiers and Sailors' Home. Buffalo 1903 (a) Branch Hospital, Sheridan 1903 (e) (a) The unfortunates under this class have been so few in the State that the building has not been occupied for this purpose, it being more economical to care for them at the institutions in other States. The pupils of this class are in institutions in Colo- rado Springs, Colo., Ogden, Utah, and Nebraska City, Neb. (Our male juvenile delinquents are kept at Colorado Industrial School, Golden, and our female juvenile delinquents at the Good Shep- herd's Industrial School, Denver, Colo.) From 1895 to 1903 this building was used as the Soldiers and Sailors ' Home. The sol- diers were transferi-ed to Butfalo, 1903. This building by S. L. 1907, Ch. 10, was set aside temporarily for use as the State Mili- tary headquarters and is the office of the Adjutant General of the Militia, and is further used as the storage house for military supplies. (b) When the Territory was organized there was no provision made for a penitentiary, and our convicted ])risoners were sent 266 TIIK GOVEllNMKNT OF WYOMING. to the House of (.'orroetion, Detroit, Mieli. In 1872 the peni- tentiary wjis l)iiilt by the government :it Lanuiiie ami used as a territorial penitentiary, and also for convicts from the United States Court. Under the terms of the Wyoming admission bill the penitentiary became the property of the State and was used for the prisoners until 1902, when they were transferred to Rawlins. The Laramie buildinji; is now used for the University Experiment Station Farm. (Transferred S. L. 1907, Ch. 11.) (c) The location was not determined until tlie general election of 1892, and the building was occupied 1894. (d) No buildings, only improvements. (e) Constructed 1904. (f) By legislative enactment (S. L. 19i)7, Cli. l()4).tliis loca- tion may be used for the State Home for Feeble Miaded. The Federal Government building is located at Cheyenne. An Act of Congress of 1895 approved of an appropriation for the purchase of a site for this building and the ground on which it is now located was ceded by Wyoming to the jurisdiction of the United States. The State has no control over this small tract of land nor over acts or depredations committed upon it. APPENDIX C GOVERNORS OF WYOMING. From the Organization of the Territory of Wyoming to its Admission to Statehood. Date of Appointment. John A. Campbell April 7, 1869 John M. Thayer February 10, 1875 John W. Hoyt April 10, 1878 William Hale August 3, 1882 Francis E. Warren February 27, 1885 George W. Baxter November 6, 1886 Thomas Moonlight December 20, 1886 Francis E. W^arren March 27, 1889 TTIK COXSTITITIOX OF \Vy()^r[N(J. l'H7 Since Statehood. Date of Assuming Office Francis E. Warren October ii, 1890 Amos W . I)arl)cr (a ) . . . Xovember 24, 1890 John E. Osborne January 2, 1893 William A. Richards January 7, 1895 De Forest Richards January 2, 1899 Fenimore Chattcrton (b) April 28, 1903 Bryant B. Brooks January 2, 1905 Bryant B. Brooks January 7, 1907 (:i) Acting Governor upon resignation of Francis E. Warren. (b) Acting Governor upon the death of De Forest Richards. APPENDIX D. THE SUPREME COURT OF WYOMING. Territorial Chief Justices. Date of Appointment John W. Howe April 6, 1869 Joseph W. Fisher October 14, 1871 James B. Sener December 18, 1879 John W. Lacey July 5, 1884 William L. Maginnis November 8, 1887 Willis Van Devanter October i, 1889 State Chief Justices. Date of Assuming Office Willis Van Devanter October 11, 1890* Herman V. S. Groesbeck. . .October 15, 1890 Asbury B. Conway January 4, 1897 Charles N. Potter December 8, 1897 Samuel T. Corn January 5, 1903 Jesse Knight January 2, 1905'''* Charles N. Potter April 9, 1905 *Resigned October loth, 1890, and Judge Groesbeck became Chief Justice. **Died April 9, 1905; .ludge Potter became Chief .lustice. L'liS TIIK COVKRNMKNT OF WYOMING. APPENDIX E. DELEGATES TO CONGRESS FROM WYOMING TERRITORY. Term of Office Stephen F. Nuckolls 1869-71 William T. Jones 1871-73 William R. Steele ^^73-77 William W. Corlett 1877-79 Stephen W. Downey 1879-81 Morton E. Post 1881-85 Joseph M. Carey . 1885-90 UNITED STATES SENATORS FROM WYOMING. Joseph M. Carey 1891-95 Francis E. Warren 1891-93 Francis E. Warren (a) 1895-1913 Clarence D. Clark 1895-1911 UNITED STATES REPRESENTATIVES FROM WYOMING. Clarence D. Clark 1890-93 Henry A. Coffeen 1893-95 Frank W. Mondell 1895-97 John E. Osborne 1897-99 Frank W. Mondell 1899-1909 (a) The Legislature failed to elect a Senator in 1893, and for two years Wyoming had but one Senator. 'iMiK co.NSTi'rr'rioN of \v^■()Ml^■(;. 269 APPENDIX F. STATE ELECTIVE OFFICERS. Tciiii Expires Senators \ l'>ancis E. \Varren, March 4, 1913 United States / Clarence D, Clark, March 4, 191 1 Representative in Congress, Frank W . ]\Iondell, March 4, 1909 Governor, Bryant B. Brooks Secretary, William R. Schnitger ( January 2, 191 1 Treasurer, Edward Gillette > Superintendent Public Instruction. , Archibald D Cook ( jauuary j, 191 r Auditor, LeRoy Giant ) Chief Justice Supreme Court, Charles N. Potter, January 2, 191 1 Associate \^ Richard H. Scott January 4, 1915 Justices / Cyrus Beard January 6, 1913 i Roderick N. jNIatson, 1st Uist . .January 4, 1909 Judges ! Charles E. Carpenter, 2d Dist. .January 4, 1909 District ^ David H. Craig, 3d Dist January 2, 1911 Carroll H. Parmelee, 4th Dist. .January 2, 191 1 270 TIIK (iOVKKNMEiNT OF WYOMING. APPENDIX G. STATE EDUCATIONAL DIRECTORY. 1907. State Sui^crintendent Public Instruction, Archibald D. Cook Cheyenne President of State University, I'Vederick Monroe Tisdcl Laramie Principal State Normal School, John Eranklin Brown Laramie County Superintendents elected November, 1906, for a term of two years, ending January 4, 1909. Name. County City Mrs. E. H. Knight. . . .Albany Laramie. W. F. Brown Big Horn Rairden. Frances B, Smith Carbon Rawlins. William S. Young Converse Manville. Jennie Davis Crook Sundance. Allie Davis Fremont Landers. Margaret Lothian Johnson Buffalo. Mrs. Effie C. Rogers.. .Natrona Casper. Alice M. Sampson Laramie Cheyenne. Mrs. E.S. Worthington.Sheridan Sheridan. Mrs. Hattie H. Wingo. Sweetwater . . .Rock Springs. Iva Thomas Uinta Evanston. Mrs. Anna C. Miller. . .Weston Newcastle. STATE BOARD OF EXAMINERS. C. R. Atkinson, Superintendent Sheridan Public Schools Sheridan Grace Raymond Hebard, Librarian State Uni- versity Laramie William S. Young. County Superintendent Con- verse County Manville Till'; COXSTITrTION OF WVOMINC;. 1'71 APPENDIX H. (List of examination questions j^iven to tcacliers on the subject of National and State Civics.) 1. Describe the machinery by which every voter is allowed to have a voice in the selection of candidates for count}-, State and national offices. 2. What State officer may not succeed himself? Why? 3. What is meant by the jurisdiction of a court? What is the jurisdiction of a court of a Justice of the Peace ? 4. J low is a vi'.cancy in one of the county offices filled? 5. Who are the Justices of the Supreme Court and when does the term of each expire? 6. Does the Secretary of State continue to draw the salary of the office when advanced to that of Governor? Does he draw the salary of the Governor in that case? 7. How can one collect a bill against the county? 8. Distinguish between a civil suit and a criminal l^rosecution. 9. Who is Governor of Wyoming? 10. How are criminals brought to trial before the district courts? How in the United States courts and in many State courts? 11. What are the sources of revenue for the su]')port of the public schools? 12. What is the mininuun price for which scIkxjI lands can be sold? 13. Name the niend^ers of the State legislature from your county and tell when their terms expire. 14. Tell of some laws made at the last session of the legislature. 15. (a) Wliat i.i a Republic? Give an example, (b) W^hy is the United States sometimes called a repre- sentative democracy? 272 TlIK (iOVERNMENT OF WYOMING. i6. (a) W'li}' is a g'overnmcnt justified in imposing taxes, (h) "No tax or duty sliall be laid on articles ex- ported from any State" (U. S. Constitution). Why this provision? 17. Name ten powers of Congress. 18. Name the (pialifications for the ofifice of the Presi- dent as to age, citizenship, residence. 19. (a) Under the United States Constitution by what body must officers be impeached? (b) By what body must such impeacliment be tried? 20. (a) What is a census? (b) How often is a United States census taken? (c) In what year was the last United States census taken? 21. (a) When do the State officers elected by the people begin their term of office? (b) How often does the Legislature of Wyoming meet? 22. When is the Governor not commander-in-chief? 23. What are the duties of the State Superintendent of Public Instruction? (b) How are the public schools supported ? 24. Define the following terms : writ of habeas corpus, bill of attainder, common law, eminent domain. 25. Name the dififerent departments of the national government and tell who is at the head of each. 26. Explain the process by which a bill may become a law. 2"]. Give the length of term and compensation c^f the following: senator, representative, justice of the supreme court. 28. What is the purpose of introducing civics into the school curriculum? Where should lessons in this subject begin? Why? 29. Define monarchy, aristocracy, democracy and re- public. 30. (a) Tell all you can about some of the leading disputes that arose in the Constitutional Convention. T UK CO \ST I T ['T [ON OF W VOM I N( }. 27:J 31. (b) Why were the articles of confederation con- sidered defccti\'e? ^2. Xame and define the three great departments of our government Of what does each consist? ^^. Mention three constitutional qualifications for the President, U. S. Senators and Representatives. 34. Give qualifications for corresponding State ofifi- cers. 35. Xame the most important offices of our State Government. The County Government. 36. Explain fully what is meant by the following terms: justice, revenue, quorum, bail, subpoena, elector, and writ of habeas corpus. ^y. In the town system of government name (a) the legislative body; (h) the judicial officer. 38. (a) Who are citizens of Wyoming? (b) Who qualified electors. 39. Xame the Slate officers and give length of term. 40. In what courts is the judicial power of the United States vested? 41. N^ame two powers possessed by the United States Mouse of Representatives which the Senate does not possess. 42. Define the following : Ex post facto law, writ of habeas corpus, reprieve, jurisdiction, letters of marque and reprisal. 43. What justifies the government in imposing taxes? 44. What does the U. S. Constitution say about taxes and duties? 45. Give a quotation from the Declaration of Inde- pendence. 46. What are law's? Who makes our national laws? State law's? What necessity is there for law, and what is the prime object of its enactment? 47. What justifies the government in imposing taxes? What is meant by the Governor's message? When is it 274 'rill'] GOVERNMENT OF WYOMING. given? How does it differ from the President's mes- sage? 48. How often does the legislature of Wyoming meet? AVhat time of the year relative to the election of the members of the legislature? 49. (jive the divisions of the President's Cabinet, and the name of the head of each. Name of President and Vice-President. 50. In what manner is the President of the United States elected? Plow does this dififer from the election of our Governor? Who is at present the Governor of Wyoming. 51. \A'hat is a veto? And who exercises it? 52. Tell how a bill may become a law? How a bill may fail to become a law? 53. What part of the Constitution of the United States Avas called a Bill of Rights? 54. (a) Give three powers of our State legislature, (b) What election State officer cannot succeed himself and why? 55. Define reprieve, jurisdiction. Define impeach- ment. Who can try national cases? State cases? The President of the United States? The Governor? What is the punishment for impeachment? 56. In what courts is the judicial power of the United States vested? AA'yoming? 57. What is a constitutional amendment and how can it only be made in Wyoming? Give process. 58. Term of office of judges of the United States Supreme Court? Wyoming? How do they obtain office, national and State? Salaries? 59. What is a petit jury? Grand jury? 60. What is treason? Tf convicted, what punish- ment? 6r. How are the public schools supported? What officer is at the head of our public school system ? What is co-education? THK CONSTrTUTION OF WYOMINCj. 27-3 62. Wliat are taxes? Give example of direct taxes. Indirect. 63. \A'hat is ciriinent domain? What is a constitu- tion ? Who. makes it ? 64. Why do we have a Pure Food Commission? Who assists him in his duties? 65. Give an outline of the three departments of gov- ernment, national and state, how elected, term of office, compensation and duties. 66. Define the meaning of a jury, a verdict, a sentence, plaintiff, defendant, bail, patent, copyright. 67. How often does the legislature of \A'yoming meet? When does it not meet? 68. Who is the State District Judge in your count}'? 69. Name five state officers who are elected. Give five who are appointed by the Governor. 70. Who has jurisdiction over the Yellowstone Na- tional Park? 71. Draw a map of Wyoming, locating and naming the counties and county seats. yz. Name and locate our State buildings. y^. What is an alien; to be naturalized? 74. How is a vacancy in one of the county offices filled? How can one collect a bill against the county? 75. What are the sources of revenue for the support of the public schools? 76. How many district judges are there in this State? Give the length of their term and their compensation yy. What is meant by the jurisdiction of a court? Of a justice of the peace? 78. When was Wyoming admitted as a State? 79. In what courts is the judicial power of the United States vested? 80. Name four divisions of government to which citi- zens of Wyoming are subject. 276 THE GOVERNMENT OF WYOMING. 8i. Plow can we collect a bill against the county? Against the city? 82. What is the difference between impeachment and treason? 83. In the town system of government name (a) The legislative body, (b) The judicial officer. 84. What are the duties of the county attorney? 85. How is Wyoming represented in Congress? 86. ^Vhat determines the number of senators and representatives in Congress? 87. Name the departments presided over by members of the President's Cabinet. State one duty of each of the respective departments named. 88. State three ways in which a bill may become a law after it has once passed a majority of both houses. ' 89. What is the right of suffrage? Is it a natural or civil right? 90. What are the requirements for a qualified elector in Wyoming? 91. For how long a term is each of the following State officers elected: (a) Governor; (b) State Superintendent of Public Instruction; (c) State Senator; (d) State Rep- resentative; (e) Judge of the Supreme Court? 92. What is appellate jurisdiction? 93. Mention two things that the constitution guar- antees to every state? 94. What are the duties of a School Trustee? 95. Who are the Trustees in your District? 96. What is the date of the annual school meeting? 97. What business is transacted at such meetings? 98. When will the next Presidential election be held? 99. When do we vote for State officers? 100. What is the object of Teaching Civics? < INDEX. Accessories, in crime, 143. Acquisitions, 9. Acting Governor, 84. Adams Act, 157. Adjutant-General, 130. Administration of Affairs, 135. Agricultural College, 104, 167. Age, School Children, 103. Albany County, name, 57. Organized, 57. Alcohol, effect on system, 167. Alcova, 176. Amendments, 259. To Constitution, how made, 81. American Domain, 19. Animal Industry, 200. Protection, 167. Animals, wild, bounty on, 200. Annexations, 9, 10. Appeal, 92. Appellate Jurisdiction, 92. Appointment made by the Gover- nor, 87. Apportionment, 235. Congress, 106. Legislative, 77, 78. Appropriation of water, 171. Arapahoe Indians, 47. Arbitration, 258. Arbor Day, a holiday, 168. Arrest, 143. Articles of confederation, 69. Ashley, Wm., 39. Assessed valuation, 126. Assessments, 113. Limited, 114. Assessor, 193. Astor, John Jacob, 36. Attorney, city, 186. County, 193. Attorney General, 197. Attorneys at Law, 215. Auditor of State, 121. Insurance Commissioner, 121. Australian Ballot System, 105, 149, 155. Bail, 143. Baker, Jim, 40. Balance of Power, 79. Ballot, color of, 154, 155. Bannock Indians, 47. Bees, Inspector, 218. Big Horn County, name, 57. Organized, 57. Bills, Legislative, become laws, 80, 86. Bill of Eights, 68, 70. Bird Day, 168. License, 210. Birds, Protection of, 168. Board of Arbitration, 97. Control, 217. Of Water, 171. Deposits, 219. Equalization, 114, 217. Health, 210. Horticulture, 218. Live Stock Commissioners, 198. Pardons, 218. Sheep Commissioners, 199. (See State Boards.) Bonneville, Captain, 40, 43. Boundaries, 251. Territory and State, 46. Wyoming, 26. Bounty, wild animals, 200. Brand, stock, 199. Bribery, 110, 111. Bridger, Fort, 39. James, 39. Buildings, Public, 126, 132, 247. Bureau of Forestry, 178. Campbell, John A., 55. Canal, Shoshone, 177. Capital Crime, 142. Capitol, 132. Carbon County, named, 57. Organized, 57. Carey Act, 175. Carey, Joseph M., 60, 63. Carnegie, Andrew, 202. Carnegie libraries, 203. Carson, Kit, 40. Cases of law and equity, 96. Cattle kings, 58. Caucus, 148. 280 INDEX. Census, State, 194. Certificates, teachers', 163, 165. Challenges, 141. ('liange of Venue, 145. CUiarities and Reform, 216. Charters, city, 184. Chemist, State, 214. Cheyenne, 46. Child Protection, 167. Christmas, a holiday, 168. Cigarettes, sale of, 214. City, classes, 139, 184. Elections, when held, 184. Government, 184. Officers, 185. Power by ordinance, 186. Citizens, naturalized, 95. Citizenship, restored by Gover- nor, 88. Civil action, 140. Clark and Lewis, 34, 39. Classes of cities, 139. Counties, 124. Clerk, city, 186. County* 189. District Court, 195. Coal Mines, Inspectors, 123. College of Agriculture, 161. Color of ballot, 154, 155. Colter, John, 35, 43, 219. Commander in Chief, 130. Commission of Pharmacy, 215. Commissioners, County, 190. Public lands, 217. Common law, 138, 139. Common school funds, 115. Lands, 159. Complaint, at law, 140. Compulsory education, 103, 166. Concurrent jurisdiction, 92. Congress, delegate to, 46. Congressional Representatives, 106. Constables, 195. Constitution, amendments, 71. Division of, 72. Of the U. S., 70. Took effect, Wvommg, 61. Text, 227. Constitutional Amendments, 81, 151. Voted upon, 82. Convention, 56, 61, 63. Members, 264. (.'onstitutions, written and un- written, 71. Contagious diseases, 213. Contracts, labor, 258. Control, Board of, 217. Of water, 128. Converse County, name, 57. Organized, 57. Coroner, 194. Corporations, 126, 249, 251. Private, 129. Councilmen, 184. County, classes, 124. Derivation of names, 57. Government, 188. Libraries, 201. Organization, 57, 251. Scats, 188. Superintendents of schools, 162. Lists of, 270. Counties, list of, 188. Court Commissioners, 96. Supreme Term, 90. Crime, 142. Criminal case, 140. Crook County, name, 57. Organized, 57. Dairy, food and oil commissioner, 213. Debt, 114. Declaration of Independence, 68. of rights, 72, 74, 227. Foundation of law, 98. Decoration Day, a holiday, 168. Defendant, 140. Delegate to Congress, 55, 59, 256. Demurrer, 140. Dentists, 215. Deposits, 219. Desert Land Act, 17~. DeSmet, Father, 43. Direct taxes, 113. Diseases, cattle, 198. human, 210. District Court, Clerk, 195. Government (see education). Judges, 93. Division Superintendent, water, 171. Doctors, 214. Donations, 256. Of land to State, 159, Druggists, 215. INDEX. 281 Education, 100, 103, 157, 244. Compulsory, 166. Educational directory, 270. Eggs, birds, 168. Eight hours' labor, 128. Elected State officers, 117. Election day, a holiday, 168. Elections, 105, 148, 243. Certificates signed by, 82. Date of general, 106. General, 153. Time of, 153. Electors for President, 106. Eminent Domain, 127. Engineer, city, 186. State, 123, 171. Equalization, Board of, 114, 217. Equity, 96. Estrays, 199. Examination questions (100), 271. Examinations for teachers, 163, 164. Examiners, school, 164. List of, 270. State, 122. Execution of law, 142. Executive Department, 74, 84, 236. Experiment Station, 161. Explorations, 16-26. Explorers, 32. Explosives, 214. Expost facto law, Wyoming, 80. Extra session of Legislature, 84. Feeble minded, 216. Felonies, 142. Fish hatchery, 206. Fishing, open season, 209. First school in Wyoming, 162. First State Legislature, 60. Flag, cannot carry, 131. Mutilating, 169. Over schoolhovise, 168. Food Commissioner, 213. Forestry, Bureau, 178. Reserves, 177, 178, 181. Revenue, 161. Formation of a Constitution, 61. Fourth of July, a holiday, 168. Fort Bridger, 39, 44, 47, 48. Casper, 44. Douglas, 44. Fetterman, 44. Laramie, 40, 43, 44. Phil Kearney, 47. ' ' Forty-niners, ' ' 44. Frame of Government, 71. Franchise, 100, 105, 129, 150. French discovery, 18. Rulers, 22. Free education, 103. Text books, 103. Fremont, 43. County, 57. Name, 57. Peak, 43. Fruit pests, 218. Gadsden Purchase, 9. Gambling, 214. Game Warden, 209. General elections, 153. Geologist, 123. Government in State, 197. Governments over Wyoming, 25. Governor, acting, 84. Appointments, 86. Commander in Chief, 85. Duties, 90. Exercises Legislative power, 98. Impeached, 109. Message, 86. Pardons, 88. Powers, 84. Term, 84. Vacancy, 84. Veto power, 86. Governors, list of, 266. Grade of certificates, teacher, 165. Grand Jury, 111. Guards, National, 130. Gun license, 209. Habeas Corpus Act, 68, 93. Hatch Act, 161. Hatchery, fish, 206. Hebard, Frederic S., 105. Health, 247. Board, 210. High schools, 167. Historical society, 205. Holidays, 168. Homesteads, 258. Horticulture, board of, 218. Howe, Chief Judge, 56. Humane Societies, 168. Treatment of animals, 167. Hunt, Wilson P., 36, 39. Hunting, open season, 209. 282 INDEX. Illustrations — Birds, game, 211. Capitol at Cheyenne, frontis- piece. County courthouse, Sheridan, 191. Great Seal Wyoming Secretary of State, 119. Haunts of the elk, 207. Indians, 53. Irrigation lands, Johnson Coun- ty, Wyoming, 173. Judicial districts, 94. Libraries, 203. Lower Yellowstone falls, 221. Wyoming, 12. North Piney Lake, 179. Teton Mountains, 41. Township and sections, 158. University buildings, 101. Yellowstone National Park, 37. Washakie, chief, 49. Son, 53. Immigration, department of, 217. Impeachment, 90, 109. Governor, 110. President U. S., 110. Indebtedness, 255. Independence Kock, 40. Indians, Arapahoes, 47. Bannocks, 47. Cheyennes, 48. Government control, 48-52. Shoshones, 47, 48. Sioux, 48, 55. Indictment, 111, 144. Indirect taxes, 113. Information, at law, 140. Injured persons, 112. Insane asylum, 132. Inspector of bees, 218. Cattle, 199. Coal mines, 123, 124. Insolvency, 96. Insurance commissioner, 121. Interpretation of the law, 137. Investment of school funds, 116. Irrigation, 127, 171, 247, Jefferson, Thomas, 28, 32. Johnson County, name, 57. Organized, 57. Jackson Hole, 39. Judges, district, 93, Makes Citizens, 95, Qualifications, 93. Salaries, 93. Judges Supreme Court, 90. Duties, 93. Qualifications, 91. Term of court, 91. Term of Office, 90. Judgment, 142. Judicial department, 74, 90, 238. As a court of impeachment, 90, 109. Districts, 93. .lurisdiction, definition, 92. Ai^pellate, 92. Concurrent, 92. Original, 92. Jury, 141. Justice, 138. Of the Peace, 140. Justices of the Peace, 96. Authority, 97. Justices of District Court, 93. Supreme Court, 90. Kindergartens, 166, Labor, 128, 258. Land boards, 216. Officers, 159. Title to, 175. (See boards.) Lands, 256. For schools, 157. State, donation, 160. Laramie, 44. County, name, 57. Organized, 57. La Kamie, Jacques, 44. Law examiners, 215. Appointment, 91. Library, 201. Laws, application of, 90, How regulated, 137. Legislative apportionment, 77. Deportment, 76, 77, 230. Legislature, elects Governor, 81. U. S. Senators, 82. Empowered, 80. Extra sessions, 85. First State, 63. Territorial, 55. INDEX. 283 Length of sessions, 76. Powers, 80. Time of meeting, 80. Kestrictions, 80. Salary, 79. Statehood, 59. Levy of taxes, 113. Lewis and Clark, 32-35. Librarian, State, 201. Libraries, county, 202. License to hunt, 209. Limitation of taxes, 113. Lincoln's birthday, a holiday, 168. Live stock, 257. Commissioners, 198. Louisiana purchase, 9, 10, 27. Magna Charta, 67. Mandamus, 93. Marshal, city, 186. Maughwauwama, 46. Mayor, 183, 186. Mechanical college, 10-4. Medical examiners, 214. Memorial day, a holiday, 168. Message of Governor, 86. Mexican cession, 9. Militia, 126, 130, 256. Mines, coal inspectors, 123. And mining, 248. Minors, prohibited, 214. Miscellaneous State Library, 201. Misdemeanors, 142. Money for public schools, 115. Schools, 115. State, deposited, 219. Monopoly, 129. Monroe, James, 28. Morals, 247. Mormons, 44. Morrill Act, 160. Morris, Mrs. Esther, 55. Municipal Corporations, 251. Napoleon, 28. Treaty with, 29. Narcotics, on system, 167. National Guards, 130. Eeservoirs, 176. Natrona, name, 57. Organized, 57. Naturalization of citizens, 95. Nests of birds, 168. New Years, a holiday, 168. Nelson Act, 161. Nominations, 148. Normal School, 104, 167. Oath of office, 117. Officers appointed by the Gover- nor, 87. Open season for fishing and hunt- ing, 209. Oregon country, 9, 10, 19. Ordinances of 1785, 157. Of a Constitution, 72. Ordinances, 263. Original jurisdiction, 92. Overland trail, 39, 44, 45. Pardons, Board of, 218. By Governor, 88. Parker, Samuel, 40. "Pathfinder" reservoir, 176. Penitentiary, 132. Perpetuity, 129. Personal Eights, 111. Pests, fruit, 218. Petit Jury, 111. Petition of Right, 68. Pharmacists, 215. Philippines, soldiers, 131. Pike, Zebulon, 35. Plea, 144. Plaintiff, 140. Platform, political, 151. Police Justices, 185. Power, 258. Political bosses, 149. Polling place, 152. Poll tax, 114. Polygamy, 150. Pony Express, 45. Population, Wyoming, 58. Powers of State, 230. Preamble, 227. To Constitutions, 72. President of Senate, 80. University, 104. Presidential electors, 106. Primary, 148, 151. Principal, in crime, 143. Prior appropriation, 171. Probate, 95. Property exempt from taxes, 113. Property rights. 111. Prosecuting attorney, 193. ^84 INDEX. Public buildings, 126, 132, 247. Health and Morals, 247. Indebtedness, 255. Land, eommissioners, 217. Lands and donations, 256. Roads, forest reserve, money, 177. School funds, 115. Pupils' reading circle, 165. Pure Food, 214. Quarantine, 213. Qualification for voters, 150. Questions, list of, 74, 83, 88, 98, 107, 112, 116, 125, 133, 146, 155, 169, 181, 196, 220, 271. Quo warranto, 92. Eailroad corporations, 129. Railroads, 250. Read Constitution, 150. Reading Circle, for pupils, 165. Teachers, 165. Reel, Estelle, 56. References for reading — City and county government, 183. Constitutional conventions, 67, 76. County government, 188. Early history of Wyoming, 59, 60. Education, 100, 157. Elections, 105. Executive department, 84. Forest reserves, 171. Franchise, 110. History of Wyoming, 59-63. Impeachment, 109. Irrigation, 171. Judiciary department, 90. Justice, 137. Legislative department, 76. Lands, 126. Militia, 126. Religion, 110. Reservoirs, 176. Revenue, 113. Schools, 157. State government, 197. Suffrage, 150. Taxes, 113. Treason, 109. Wyoming history, 59-63. Registration, for voting, 148. Uefigioii, 10(1. Religious tests proliibited, 100. Representatives In Congress, 268. Legislature, 76. N'uiid)er, 76. Tei'ni of office, 76. Requisition, 143. Reservation, Indian, 48. Reserves, 171. Forest, 177. Reservoirs, 176. National, 176. Restoration of Citizenship, 88. Revenue, 113, 253. Revenues for State, countv and City, 113. Rhodes' scholarship, 104. Rights, 109, 111. Declaration of, 227. Roads, public, 178. "Round-ups," 198. Rulers over Wyoming, 22. Sacaja^ea, 32. Salaries, 252. Schedule, 259. Of a Constitution, 73. Scholarship, Rhodes', 104. School, age, 103. Districts, 162. Land Commissioners, 126, 217. Lands, rent of, 159. Laws, 157. Money, 165. Forest reserve, 177. Of mines, 104. Sections, 158. Taxes, apportionment, 163. Secretary of State, 118. Acting Governor, 85, 118. Duties, 118. Salary, 121. Secret ballot, 149, 150. Section sixteen, 158. Sectarian appropriations, prohib- ited, 100. Senators, Legislature, 76. Term of office, 76. Number, 77. Executive authority, 98. United States, 268. Sheep commissioners, 199, INDEX. 283 Sheridan County, name, 57. Organized, 57. Sheriff, 193. Shoshone canal, 177. Indians, 47. Eeservation, 52, 177. Soldiers in Spanisli war, 131. South Pass, 40, 44. Spanish-American War, 131. Spanish discovery, 17. Explorers, 35. Rulers, 27. Speaker of House, 80. State Buildings, list of, 265. State Auditor, 121. Board of Charities and Reform, 216. Examiners, school, 164. Law examiners, 215. Medical examiners, 214. (See boards.) Chemist, 214. Depositaries, 219. Elective officers, 269. Engineer, 123. Examiner, 122. Finances, 113-116. Government, 197. Lands, 126. Law library, 201. Legislature, first, 63. Officers, term of office, etc., 84, 117, 197. Secretary, 118. Superintendent of Public In- struction, 56, 103, 121, 164, 165. Treasurer, 121. Statehood, 46. Stuart, Robert, 36, 39, 43. Sublette, Wm., 39. Suffrage, 105, 151, 242. Suffrage, woman, 55. Superintendent of county schools, 162. Public instruction, 56, 121, 165. Issues certificates, 164. Supreme Court, Chief Justice jjre- sides Impeachment cases, 110. Members of, 267. Surveyor, county, 190. Sweetwater County, name, 57. Organized, 57. Tax, poll, 114. Taxation, 253. Taxes, 113. Direct, 113. Indirect, 113. Property exempt from, 113. Teachers' institutes, 163. Reading circle, 165. Telegraph line, first, 45. Term of office, county, 188. Territorial acquisitions, 9, 10. Growth, 9, 15. Territory of Wyoming, 44-58. Organized, 45, 46. To State, 59. Teton Mountains, 36. Illustration, 41. Texas annexation, 9, 21. Thanksgiving day, a holiday, 168. Ticket, at election, 154. Timber act, 177. Title, to land and water, 175. Torrey troops, 131. Town, government, 183. Township, illustration, 158. Treason, 109. Treasurer, citv, 186. County, 193"! State, 121. Trial by jury, 141. Trust, 139. Uinta, name, 57. Organized, 57. Union Pacific railway, 45, 47. United States Senators, 268. First Wyoming, 63. Universal suffrage, 151. University, 132, 161, 167, 246. Education, 104. Graduates exempt examination, 164. Mill tax, 104. Support, 104. Unwritten Constitution, 71. Vacancies, county officers, 189, Vaccination, 213. Valuation, assessed, 124. Vaux, Richard, 162. Venue, change of, 145. Verdict, 141, 142. Verendrye, 35, 43. 286 INDEX. Veterinarian, 198. Veto power, 86. Voters, qualifications, 150. Voting, 10.5. Volunteers in war, 131. Warden, fish, 206. Game, 209. Warren, Francis E., 63. Washakie, chief, 48, 51. Picture of, 49. Son, 53. Washington's Birthday, a holi- day, 168. Water, 127, 128. Rights, 247. Title to, 175. Waters of State, 171. Weights and Measures, 201. Weston County, name, 57. Organized, 57. Whitman, Marcus, 40. Wild animals, 200. Destruction, 210. Wind River Reservation, 47. Woman suffrage, 55, 105, 150. Written laws, 137. Wyoming, boundaries, 26. Development Co., 177. Historical Society, 205. In its making, 23. Meaning of word, 46. State, 59-64. Territory, 44-58. Yellowstone National Park, 219. UC SOUTHERN RfcGIUNAL LibhAhY i-auil AA 000 954 187 i