I 7 University of California Berkeley ^< , 70/0 JOURNAL AND' DEBATES OF THE OF THE STATE OF WYOMING. Begun at the City of Cheyenne on September 2, 1889, and concluded September 30, 1889. PRINTED BY AUTHORITY. CHEYENNE, WYO. TJIE DAILY SUN, BOOK AND JOB PKINTING, 1893 W76 OF THE J STATE OF WYOMING. FIRST DAY. HALL OF CONSTITUTIONAL CONVENTION, CAPFIOL BUILDING, Cheyenne, Wyo., Monday, Sept. 2, 1889. The delegates elected to the convention to form a constitu- tion for the proposed State of Wyoming met at the Supreme Court room in the Capitol building- at Cheyenne, Laramie Coun- ty, Wyoming, at 12 o'clock noon, and was called to order by Hon. A. B. Conaway, of Sweetwater County. Mr. Morgan of Laramie County moved that a committee on temporary organization be appointed, to consist of one mem- ber from each county. The motion was carried. The chairman appointed as said committee: M. N. Grant of Albany Caunty, G. C. Smith of Carbon County, W. C. Irvine of Converse County, R H. Scott of Crook County, D. O. Preston of Fremont County, C. IT. P>urritt of Johnson County, H. E. Teschemacher of Laramie County, H. A. Coffeen of Sheridan County, Frank M. Foote of Uinta County, E. J. Morris of Sweet water County. " On motion, a recess of 30 minutes was taken. After recess the committee on temporary organization pre sen ted the following report: 4 CONSTITUTIONAL CONVENTION. HALL OP- CONSTITUTIONAL CONVENTION, CAPITOL BUILDING, Cheyenne, Wyo., Sept. 2, icSSp, Your commit lee on temporary organization have had the matters referred to them under consideration, and respectfully report as follows: For temporary president, H. S. Elliott of Johnson County. For temporary secretary, J. K. Jeffrey of Laramie County. We also request that Robt. C. Morris report the proceed- ings of the temporary organization. M. N. GRANT, Chairman. D. O. PRESTON, Secretary. On motion the report of the committee on temporary organ- ization was adopted. Mr. H. S. Elliott of Johnson County then assumed the chair, as temporary chairman, John K. Jeffrey acting as temporary secretary. It was moved by Mr. Reed of Laramie County that a com- mittee on credentials be appointed to consist of one membetr from each county. The motion was carried. The chair appointed as such com- mittee : Geo. W. Fox of Albany, George Ferris of Carbon, M. C. Barrow of Converse, Meyer Frank of Crook, H. G. Nickerson of Fremont, John M. McCandlish of Johnson, Henry G. Hay of Laramie, H. A." Coffeen of Sheridan, H. F. Minough of Sweetwater, C. W. Holden of Uinta. Moved by Mr. Grant of Albany that a recess of thirty min- utes be taken. The motion was carried. At the expiration of the recess, the convention was called to order. President pro tern w r as in the chair. The committee on credentials presented the following re- port: Gentlemen of the Convention: We, your committee on credentials find the following per- sons present, arid entitled to seats in this convention: Albany County; S. W. Downey, Mortimer N. Grant, Mel- ville C. Brown, Wm. E. Chaplin, Geo. W. Fox, John W. Hoyt, A. L. Sutherland, Jno. McGill. Carbon County: Geo. Ferris, Geo. C. Smith, Chas. L. Yag- ner, J. A. Casebeer, R. C. Butler, C. W. ttimlick. Crook County: Richard H. Scott, Meyer Frank, Thos. H. Moore, Jos. L. Stotts. Converse County: W. C. Irvine, M. C. Barrow, DeForest Richards. JOURNAL. 5 Fremont County: D. A. Preston, H .G. Mckerson. Johnson County: II. S. Elliott, Chas. H. Burritt, Jno. M. McCandlish. Laramie County: Henry Gr. Hay, E. S. N. Morgan, Chas. ~N. Potter, Jno. A. Riner, Anthony C. Campbell, Geo. W. Baxter, Jas. A. Johnston, Caleb 1*. Organ, Jno. K. Jeffrey, Thos. B. Reed, H. E. Teschemacher. Sheridan County: H. A. Coffeen, C. Boulware, Wm. X. Robinson. Uinta County: Clarence D.Clark, Frank M. Foote, Jesse Knight, Chas. W. Holden, Jonathan Jones, Jno. L. Russell. Sweetwater County: A. B. Conaway, Edward J. Morris, H. E. Menough. GEO. W. FOX, Chairman. M. C. BARROW, Secretary. On motion the report of the committee on credentials was received and adopted, and the committee continued. Mr. Teschemacher of Laramie moved that the members proceed to select seats. The motion was carried, and lots were drawn by counties for seating the- members. On motion of Mr. Downey of Albany the roll is now^ called and the following members answ r ered to their names: Albany County: Stephen W. Downey, M. N. Grant, Mel* ville C. Brown, Win. E. Champlin, Geo. W. Fox, John W. Hoyt, A. L. Sutherland, John McGill. Carbon County: Geo. Ferris, Geo. C. Smith, Chas. L. Vag- uer, J. A. Casebeer, R. C. Butler, C. W. Burdick. Crook County: Richard H. Scott, Meyer Frank. Converse County: W. C. Irvine, M. C. Barrow. Fremont County: D. A. Preston, H. G. Nickerson. Johnson County: H. S. Elliott, Chas. H. Burritt John M. McCandlish. Laramie County: Henry G. Hay, E. S. ~N. Morgan, Charles N. Potter, John A. Riner, Geo. W. Baxter, James A. Johnston, Caleb P. Organ, John K. Jeffrey, Thomas B. Reed, H. E, Teschemacher. Sheridan County: H. A. Coffeen. Sweetwater County: A. B. Conaway, Edward J. Morris, H. E. Menough. Uinta County: Clarence D. Clark, Frank M. Foote, Jesse Knight, Chas. W. Holden, Joh.nat.han Jones, John L. Russell. Mr. Fox of Albany presented the following resolution: Resolved, that the oath to be administered to members of this convention shall be as follows: You and each of you do solemnly swear, that you will sup- port the constitution of the United States, and that you will honestly and faithfully discharge your duties as members of this convention, called for the purpose of framing a constitu- tion for the proposed State of Wyoming. So help me God. 6 CONSTITUTIONAL CONVENTION. The resolution was adopted. It was moved that Justice of the Peace W. P. Carroll, of Cheyenne, be requested to administer the oath of office to the members of this convention. The motion was carried. The oath of office was then administered to the following; members elect: Downey, Grant, * Brown, Chaplin, Fox, Hoyt, Sutherland, McGill, Ferris, Smith, Vagner, Casebeer, Butler, Burdick, Scott, Frank, Irvine, Barrow, Preston, Nickerson, Elliott, Burritt, Mc- Cnndlish, Hay, Morgan, Potter, Kiner, Baxter, Johnston, Organ, Jeffrey, Reed, Teschemacher, Coffeen, Conaway, Morris, Me- nough, Clark, Foote, Knight, Holden, Jones, Russell. It was moved by Hoyt of Albany that a committee to con- sist of one delegate from each county (to be named by delega- tion) be appointed to suggest what offices will be necessary and should be created by the permanent organization. An amendment was offered by Hay of Laramie that the committee be further instructed to suggest ways and means for the payment of salaries of officers and other expenses. A substitute was offered by Mr. Fox that this convention do now proceed to the election of a permanent president of this convention. Before a vote was reached Mr. Irvine of Converse moved that the -convention adjourn until to-morrow (Tuesday) at 10 o'clock a. m. Duly seconded and carried. M. C. BROWN, Pres. Con. H. S. ELLIOTT, Pres. pro tern. Attest: JOHN K. JEFFREY, Secretary pro tern. SECOND DAY. HALL OF THE CONSTITUTIONAL CONVENTION, } CAPITOL BUILDING, > Cheyenne, Wyo., Sept. 3, 1889. ) The coirvention was called to order at 10 o'clock A. M. The temporary president in the chair. Roll call, 41 mem- bers present. The committee on credentials reported the presence of Mr. Louis J. Palmer, a duly elected member of this convention, fnwi the county of Sweetwater. Mr. Palmer took the oath of office administered by Justice* of Peace W. P. Carroll. The journal of the previous session w r as read and approved. The resolution offered by Mr. Fox, to proceed to the elec- JOURNAL. 7 tion of a permanent president of this convention, being the unfinished business of the previous session, was taken up and adopted. On motion of Mr. Brown, a recess of five minutes was* ordered. On reconvening, Mr. Teschemacher moved that the elec- tion of president of the convention be by ballot, and that a( majority vote should elect. Carried. On motion of Mr. Chaplin, the chair appointed three tel- lers: Messrs. Potter, Scott and Preston. Mr. Downey moved that nominations for president of the convention be made by counties. Adopted. Albany County, by Mr. Hoyt, presented Melville C. Brown. Carbon no nomination. Converse no nomination. Crook Mr. Scott presented the name of A. B. Conaway. Fremont Mr. Preston seconded the nomination of M. C. Brown. Johnson Mr. Burritt seconded the nomination of M. C, Brown. Laramie no nomination. Sheridan Mr. Coffeen seconded the nomination of M. C. Brown. Sw eetwater no nomination. Uinta seconded the nomination of A. B. Conaway. The ballot resulted as follows: Brown 24, Conway 17, Hoyt 1, Baxter 1, The chair thereupon declared that Melville C. Brown had been duly elected president of this convention. On motion of Mr. Irvine, the election of Mr. Brown was made unanimous by acclamation. The president pro tern appointed Messrs. Hoyt and Baxter a Committee to conduct the president elect to the chair. On motion of Mr. Riner the convention took a recess until 2 o'clock p. m. AFTERNOON SESSION. The convention reconvened at two o'clock p. m. The temporary president in the chair. On motion of Mr. Downey, the Hon. Delegate in Congress, and the Governor and Secretary of the Territory were invited to seats on the floor. Anthony C. Campbell of Laramie County appeared an took the oath of office, administered by Justice of the Peace W. P. Carroll. Messrs. Hoyt and Baxter, select committee, conducted the CONSTITUTIONAL CONVENTION. president elect to the chair, who thereupon delivered an ad- dress to the convention. Prayer by Eev. S. A. Bright. Mr. Coffeen moved that the President appoint a committee of five, to draft and to present to the convention, as soon as possible, such rules as may be neccessary for the government of thte body. Carried. The president appointed as such committee. Messrs. Coffeen of Sheridan, Foote of Uinta, Campbell of Laramie, Preston of Fremont, Burritt of Johnson. Mr. Baxter presented the following resolution: Resolved, That the permanent organization of this conven- tion be completed by the election of onq secretary, two assist- ant secretaries, one sergeant-at-arms, one doorkeeper, one chap- lain, and two pages. Adopted. J. K. Jeffrey was chosen secretary by acclamation. A ballot ordered for the choice of two assistant secretaries resulted in the election of Mrs. B. Recker and H. Glafcke. O. P. Yelton, on motion of Mr. Teschemacher, was chosen sergeant-at-arms. J. B. Walsh was elected doorkeeper. Rev. S. A. Bright, chaplain, and Coiiett Downey and Fred Post, Jr., w r ere chosen pages by acclamation. On motion of Mr. Campbell the committee on rules was in- creased to eleven members, and the president made the follow- ing additional appointments on said committee: Albany, Mr. Chaplin, Crook, Mr. Frank, Sweetwater, Mr. Coriway, Converse, Mr. Barrow, Carbon, Mr. Burdick. Mr. Hay offered the following resolution, which was adopted: Resolved, That a commit te of five be appointed by the pres- ident, to be known as the ways and means commission, whose duty it shall be to fix the compensation of the officers of the convention, and to suggest ways and means for providing the funds to meet the necessary cash expense of the convention. This to be a temporary committee who shall report as early as possible to the convention. The president appointed as such committee Messrs. Hay, Fox, Vagner, Mckerson and Clark. On motion of Mr. Potter, the question of employing an offi- cial stenographer was referred to the committee on ways and means. Mr. Dov. uey moved that the secretary be instructed to pro- cure books and stationery necessary for the transaction of the business of this convention. Adopted. JOURNAL. 9 Mr. Hoyt presented the following resolution: Resolve d, That a committee of five, to be named by the pres- ident, be appointed, whose duty it shall be to report at the ear- liest moment practicable the titles of the standing committees deemed necessary as a means of facilitating the work of draft- ing a constitution for Wyoming. The resolution was lost. Mr. Burritt moved a reconsideration of the resolution ap- pointing a committee on rules. Carried. On motion of Mr. Hoyt the subject of standing committees was referred to the committee on rules. Mr. Morgan moved that the members originally named by the president, as the committee on rules, shall constitute the committee on rules. Carried. On motion of Mr. Riner, the convention adjourned till ten o'clock a. in., Sept. 4th. M. C. BROWN, Pres. Con. H. S. ELLIOTT, Pres. pro tern. Attest: JOHN K. JEFFREY, Secretary THIRD DAY. HALT. OF THE CONSTITUTIONAL CONVENTION, \ CAPITOL BUILDING, > Cheytnne, Wyo., Sept. 4, 1889. ) The convention was called to order at 10 o'clock a. m. Mr. President in the chair. Prayer by the chaplain. Roll call.' All absent members were excused on motion of Mr. Clark. Mr. Burritt, from the committee on rules presented the fol- lowing report: To the Constitutional Convention-. Gentlemen: Your committee appointed to draft "Rules of the Constitutional Convention of the Territory of Wyoming'' for submission for your consideration, have attended to that duty and submit herewith a draft of rules, such as .your com- mittee believe will facilitate the transaction of business, and we recommend their adoption. M. C. BROWN, Chairman. CHARLES H. BURRITT, Secretary. RULES OF THE CONVENTION. 1. The president shall take the chair every day precisely at the hour to which the convention shall haA^e adjourned on the preceding day, and shall immediately call the convention to order. 10 CONSTITUTIONAL CONVENTION. In case the president is absent, or fails from any cause to take the chair, the convention shall appoint a president pro tern. 2. The president shall have general direction of the hall, and shall have the right to name any member to perform the duty of the chair, but such substitute shall not extend beyond adjournment. 3. He shall preserve order and decorum in the proceedings of the convention and in case of any disturbance or disorderly conduct in the galleries or lobby, the president or chairman of the committee of the whole convention shall have the power to cause the same to be cleared. 4. No smoking shall be allowed in the hall w r hile the con- vention is in session. 5. Reporters for newspapers or stenographers wishing to take down debates may be admitted within the bar of the con- vention by the president Avho shall assign such places to them as shall not interfere with the conveniences of the convention. 6. The president shall appoint the following standing com- mittees on business. No. 1. A committee of five to be known as the committee on preamble and declaration of rights and executive. No. 2. A committee of ten to be known as the legislative committee. No. 3. A committee of ten to be known as the committee committee. No. 4. A committee of seven to be known as the committee on election and right of suffrage, and qualifications to office. No. 5. A committee of five to be known as the committee on education, public buildings, state institutions, public health, and public morals. No. 6. A committee of five to be known as the committee on county, city and town organization. No. 7. A committee of seven to be known as the committee on corporations. No. 8. A committee of ten to be known as the committee on taxation, revenue and public debt. No. 9. A committee of five to be known as the committee of printing, publication, accounts and expenses. No. 10. A committee of seven to be known as the committee on schedule, future amendments, and miscellaneous matters. No. 11. A committee of five to be known as the committee on irrigation, water rights and mining. No. 12. A committee of seven to be known as the committee on agriculture, manufactures, commerce, live stock interests and labor. No. 13. A committee of ten to be known as the committee on boundaries and apportionment. No. 14. A committee of five to be known as the committee on salaries of public officers, and homestead exemptions. No. 15. A committee of five to be known as the committee JOURNAL. 1 1 on federal relations, public lands and military affairs. No. 16. A committee of ten to be known as the committee on railroads and telegraph. No. 17. A committee of five to be known as the committee on revision and adjustment. 7. All committees shall be appointed by the president, unless it shall be otherwise directed by the convention; in which case they shall be appointed by a vote of the convention. THE RIGHTS AND DUTIES OF MEMBERS. 8. Members and officers of the convention are required 1o be constantly in attendance upon the duties of their position, and leave of absence to such will only be granted by vote of the convention or by unanimous consent. 9. Whenever a member is about to speak he shall rise from his seat and respectfully address himself to "Mr. President," and he shall announce the gentleman from the county he rep- resents; if there be more than one member from such county then by adding the name of the mender. The member may then speak either from his seat or from the seat of any other member tendered him for the purpose or from the secretary's desk. 10. In all cases the member who shall first rise and address the chair shall speak first but when two or more members shall rise at once, the president shall name the member who shall speak first. No 11. No member shall speak more than twice on the same subject, without leave of the convention, nor more than once until every member choosing to speak on the question pending shall have spoken, and he shall confine himself to the question under debate and avoid personality. 12. Any member while discussing a question may read from books, papers, or documents, any matter pertinent to the subject under consideration without asking leave. 13. Any member may ask for the statement of the ques- tion which the president may give sitting. 14. Any member may call for a division of the question and the decision of the president as to its divisibility shall be subject to appeal as in questions of order. 15. Every member present when the question is put shall vote unless the convention excuses him, and any member re- questing to be excused from voting or desiring to explain his vote may make a brief verbal statement of his reasons for mak- ing such a request and the question shall then be taken with- out further debate. The president shall vote on all questions taken by yeas and nays, and in all elections and decisions called for by the members. And in case of a tie vote the prop- osition pending shall be lost. 16. While the president or chairman is putting the ques- tion or addressing the convention no one shall walk across the I2 CONSTITUTIONAL CONVENTION. hall; and while a member is speaking no one shall pass be- tween him and the chair. No person or member shall go to or remain at the secretary's table while the yeas and nays are being called or ballots counted except the secretary and his assistants. 17. Any two members shall have the right to demand the yeas and nays upon any question before the result is announced ; but if objection is made the demand shall be sustained by one- fifth of the members present; if not sustained any member may upon request have his vote upon the question recorded upon the journal and upon the call for yeas and nays the secretary shall call over the names alphabetically. 18. Any three members have the right to demand a call of the convention but if objection is made the demand shall be sustained by one-fifth of the members present; and upon a call of the convention the names of the members shall be called alphabetically and the absentees noted upon the journal. 19. Any five members have the right to demand the pre- vious question. The previous question shall be put in this form: u Snall the main question now be put?" and, until de- cided, shall preclude all debate and all amendments and mo- tions, except one motion to adjourn and one motion to lay on the table. All incidental questions or questions of order aris- ing after a motion is made for the previous question and pend- ing such motion shall be decided whether on appeal or other- wise without debate. 20. On motion for the previous question and prior to vot- ing on same a call of the convention shall be in order, but after the demand for the previous question shall have been sustained, no call shall be in order, and the convention shall be brought to an immediate vote, first, upon the pending amendment in the inverse order of their age and then upon the main question. 21. If a call for the previous question be not sustained the subject under consideration shall not thereby be postponed. ORDER OF BUSINESS FOR THE DAY. 22. As soon as the convention is called to order, prayer may be off ere']. The roll shall then be called and absentees noted, and a quorum being present the journal of the preceding day shall be read by the secretary ,and if necessary, corrected 1)3' the convention. 23. A majority of the members of the convention shall be necessary to constitute a quorum to do business and a major- ity of those voting shall be sufficient to decide pending ques- tions. 24. As soon as the journal is read and corrected, as afore- said, the president shall call for presentation of petitions and memorials. Reports of standing committees. JOURNAL. 1 3 Reports of select committees. Final readings. The above business shall be disposed of in the order in which, it is arranged arid shall not be in order at any other time. 25. Every petition and memorial shall be referred on mo- tion without put ting the question for that purpose unless the reference is objected to by a member, at the time of its pre- sentation. No petition or memorial or other matter shall be printed without the special order of the convention. 20. Communications from the executive department of the territory may be receiA^ed, read and disposed of at any time except when the president is putting the question, while the yeas and nays are being called, or while ballots are beiD^ counted. 27. An interim between any two sessions of the convention on the same day shall be called a recess; and on re-assem- bling at the appointed hour any question pending at the time of taking such recess shall be resumed without motion to that effect. MOTIONS AND QUESTIONS. 28. Every motion shall be reduced to writing if the presi- dent shall require it. 29. When a motion is made and seconded, it shall be stated by the president; or, being in writing, it shall be read audibly to the convention by the moA r er or the secretary before debate. 30. After a motion, is stated by the president, or read by the secretary, it shall be deemed in the possession of the con- vention, but it may be withdrawn by leave of the convention at any time before decision or amendment. 31. All questions in committee or convention except priv- ileged questions shall be put in the order in which they are made except in filling blanks, the largest sum or number and longest time shall be put first. 32. When a question is under debate no motion shall be received but to adjourn, to take a recess, to proceed to (.he orders of the day, to lay on the table, for the previous ques- tion, to postpone to a certain day, to commit, to amend, to postpone indefinitely; which several motions shall have pre- cedence of each other in the order in which they are arranged. 33. Wlien a motion is made to commit to committee of the whole convention or to a standing committee, it shall not be in order to amend such motion by substituting any other committee, but if any committee shall be suggested the motion shall first be put upon the committee first named and after- wards upon the committee or committees suggested in the order in which they are named; but a motion to refer to a com- mittee of the whole convention, to a standing committee or to 14 CONSTITUTIONAL CONVENTION. a select committee shall have precedence in the order here named. 34. A motion to postpone to a day certain or indefinitely being decided shall not again be allowed at the same stage of the proposition. 35. A motion to adjourn shall always be in order but being negatived shall not again be entertained until some motion, call or order shall take place. 3(5. The following questions shall be decided without de- bate, to-wit: To adjourn, to take recess, to take from the table, to go into committee of the whole on the orders of the day. AMENDMENTS. 37. No motion or proposition differing from that under con- sideration shall be admitted under color of amendment. 38. A motion to strike out and insert shall be deemed divisible and a motion to strike out on a division being nega- tived, or a motion to insert being decided in the affirmative, shall be equivalent to agreeing to a matter, in that form, but shall not preclude further amendment, provided that substi- tutes for the pending propositions, shall, for the purpose of amendments, be treated as original propositions. RECONSIDERATIONS. 39. A motion to reconsider must be made by a member voting with the prevailing side, and such motion to be in order must be within the next day of actual session of the conven- tion after such vote was taken, and the same shall take pre- cedence of all motions except a motion to adjourn. QUESTIONS OF ORDER. 40. If any member in speaking or otherwise, shall trans- gress the rules of the convention, the president shall, or any member of the convention may, call him to order, and the member called to order shall take his seat, if required to do so l>y the president, until the question of order is decided. 41. The president shall decide all questions of order, sub- ject to an appeal by any member, on which appeal no member shall speak more than once, unless by permission of the con- vention, except the member appealing, who may speak twice; and the president may speak in reference to any other member. 42. If the division be in favor of the member called to order, he shall be at liberty to proceed; if otherwise he shall not be permitted to proceed, in case any member object, with- out the leave of the convention. 43. If a member call another to order for words spoken in debate, he shall, if required by the president, reduce to writing the language used by the member which he deemed out of order. JOURNAL. 15 OF COMMITTEES. 44. It shall be in order for the committee on revision and adjustment to report at any time when the convention is not otherwise engaged. 45. All reports of the committees shall be signed by the members thereof who concur therein, and the report, with the name of the member or members singing the same, shall be read by the secretary, or from the secretary's desk by the member making the report, without a motion, unless the read- ing be dispensed with by the convention. Where the report is unanimous it may be signed by the chairman alone. 46. No committee shall sit during the daily sessions of the convention unless by special leave. COMMITTEE OF THE WHOLE 47. When the committee shall be ready to proceed with the orders of the day, a motion to go into committee of the whole on orders of the day, shall have precedence over all other motions, except to adjourn, to take a recess or for the previous question. 48. In forming a committee of the whole convention the president shall lea\ T e the chair and appoint a chairman who shall preside and vote as other members. 49. Iii committee of the whole, propositions shall be read by the chairman and considered item by item unless otherwise directed by the committee, leaving the preamble, if any, last to be considered. The body of the proposition shall not be defaced or interlined, but amendments shall be noted by the chairman or secretary upon a separate piece of paper, as the same shall be agreed to by the committee and so reported to the convention. After being reported the propositions with the amendments thereto by the committee of the whole shall b& immediately taken up for consideration unless it shall be oth- erwise ordered by the convention, and again be subject to discussion or amendment before the question to engross for final reading shall be taken. 50. The rules for proceeding in the committee of the whole shall be the same as in the convention so far as may be applicable. 51. All reports of the committees containing matters to be incorporated in the constitution shall be considered in the order in which the reports are made, and upon their intro- duction and full reading before the convention such matters to be incorporated shall be laid upon the table and (when so ordered) be printed and wlien printed (if so ordered) shall be placed upon the calender to be considered in the committee of the whole convention, and if not ordered printed they shall be immediately placed upon the calender to be considered by the committee of the whole. 1 6 CONSTITUTIONAL CONVENTION. 52. TV hen such propositions shall have been considered in the committee of the Avhole and amendments thereto have been disposed of by the convention, the question shall be on ordering the final reading and fixing the time thereof. 53. So soon as any entire proposition for incorporation in the constitution shall have been disposed of, such proposition if agreed to by the convention shall be referred to the com- mittee on reA'ision and adjustment, to be by that committee embodied in the constitution. The committee shall have full power to revise the language used in the various propositions and to arrange the same so as to be clearly expressive of the sense of the convention and to make the instrument complete and consistent within itself. 54. The committee on revision having completed its re- vision as provided in the preceding rule, shall report the arti- cle or articles of the constitution to the convention, when it shall be fully read, and when it is thus read, the question shall be on the article or articles so revised and amended, and if the same shall be decided in the affirmative the constitution as a whole shall be carefully enrolled under the supervision of the committee on revision and adjustment and signed by the pres- ident and members of the convention. 55. The final vote agreeing to each proposition and upon agreeing to the instrument as a whole shall be taken by the yeatr and nays, and no such proposition shall be considered as agreed to, nor the instrument as a whole except a majority of the delegates present vote therefor. RESOLUTIONS. 56. Resolutions giving rise to debate shall lie over one day before being acted upon, if upon their introduction any member shall give notice of a desire to discuss the proposi- tions therein contained. 57. No compensation shall be voted to any officer, em- ployee, or appointee of the convention other than fixed origi- nally by resolution; and this rule shall not be altered or sus- pended except on three days' notice and by a tw T o-thirds vote of the members elected to the convention. CALENDER. 58. The calender of each successive day's business shall be prepared by ihe secretary and six copies printed or written and one copy laid upon each table and one copy laid upon the jiicsidmi's table every morning. Upon each calender all prop- ositions for final readings and all special orders shall be placed in order of priority in which the order is made. Propostions for final reading on a particular day not reached on that lay shall be placed upon the calender in order of final reading, each succeeding day until disposed of. No proposition found JOURNAL. jy upon the calender shall be taken up and read by the secretary out of its order thereon except by direction of the convention. ON RULES OF THE CONVENTION. 59. These rules shall not be altered except after at least one day's notice of the intended alteration, and then only by a majority vote of the members of the convention, and no rule shall be suspended except by two-thirds of those present. GO. Cushing's Manual and Law of Legislative Assemblies shall be received as authority in all cases not provided for in the foregoing rules. Upon motion of Mr. Potter, the convention resolved itself into committee of the whole for the consideration of the re- port of the committee on rules. Mr. Smith in the chair. When the committee arose it reported as folloAVs: HALL OF THE CONSTITUTIONAL CONVENTION, \ CAPITOL BUILDING, > Cheyenne, Wyo., Sept. 4, 1889. ) Mr. President: Your committee of the Avhole having had under consideration the report of the committee on rules, beg leave to report progress and ask leave to sit again. G. C. SMITH, Chairman. On motion the report was adopted. The convention then on motion of Mr. Einer stood in recess until two o'clock p. m. AFTERNOON SESSION. The convention convened at two o'clock p. m. Mr. President in the chair. On motion of Mr. Morgan tht- convention went into com- mittee of the whole for the consideration of the report of the committee on rules. Mr. Smith in the chair. When the committee arose it made the following report, which was adopted: HALL OF THE CONSTITUTIONAL CONVENTION, CAPITOL BUILDING, Cheyenne, Wyo., Sept. 4, 1889. Mr. President: Your committee of the whole having had under consideration the report of the committee on rules, beg 2 1 8 CONSTITUTIONAL CONVENTION. leave to recommend that said rules be adopted with the fol- lowing amendments: Amend Sec. 6. Subdivision by striking out the words "an executive" also add a new committee, to be known as the "com- mittee on the executive department," said committee to con- sist of seven members. Amend Subdivision 6, by striking out the word "five" and inserting the word "seven." Amend Subdivision eleven (11) by striking out the word "five" and inserting the word "seven," by striking out the words "and mining" and by adding the word "agriculture" preceding the word "irrigation." Amend Subdivision 12 by striking out the word "agricul- ture." Amend Subdvision 14 by striking out the words "and home- stead exemptions." Amend Sec. 6 by adding a committee on mines and mining to consist of five members. OEO. C. SMITH, Chairman. On motion of Mr. Morgan, the rules, as amended by the committee of the whole, were referred to the committee un rules. The convention thereupon took a recess of twenty minutes. After reconvening, Mr. Burritt, from the committee on rules, presented the following report: COMMITTEE ROOM, CAPITOL BUILDING, ) Cheyenne, Wyo., Sept. 4, 1889. > To the Constitutional Convention of Wyoming Territory: Your committee on rules to whom was reported Rule No. 6, for reclassification and rearrangemtnt of the committees in accordance with the expressed wishes of the convention report back a substitute for said Rule No. 6 (hereto attached) em- bodying the amendments and changes suggested by the con- vention. M. C. BKOWN, Chairman. CHAS. H. BURRITT, Secretary. 6. The president shall appoint the following standing com- mittees on business : No. 1. A committee of five to be known as the committee on preamble and declaration of rights. No. 2. A committee of ten to be known as the committee on legislative department. No. 4. A committee of ten to be known as the committee on judiciary. No. 5. A committee of five to be known as the committee on elections, right of suffrage, and qualifications to office. JOURNAL. I9 No. 6. A committee of ten to be known as the committee on boundaries and apportionment. No. 7. A committee of five to be known as the committee on education, public buildings, state institutions, public health and public morals. No. 8. A committee of seven to be known as the committee on agriculture, irrigation and water rights. No. 9. A committee of five to be known as the committee on mines and mining. No.K). A committee of seven to be known as the committee OH manufactures, commerce, live stock interests and labor. No. 11. A committee of ten to be known as the committee on taxation, revenue and public debt. No. 12. A committee of five to be known as the committee on county, city and town organizations. No. 13, A committee of seven to be known as the commit- tee on corporations. No. 14, A committee of ten to be known as the committee on railroads and telegraphs. No. 15. A committee of five to be known as the committee on salaries of public officers. No. 1(>. A committee of five to be known as the committee on federal relations, public land and military affairs. No. 17. A committee of five to be known as the committee on printing, publication, accounts and expenses. No. 18. A committee of seven to be known as the commit- tee on schedule, future amendments and miscellaneous matters. No. 19. A committee of five to be known as the committee of revision and adjustment. On motion of Mr. Grant the above report was adopted and the committee on rules discharged. Mr. Biner moved the adoption of the rules as the rules to govern this convention. Carried. Mr. Coffeeii of Sheridan county stated that he was instruct- ed by the mass convention of Sheridan county that elected him to this convention, to oppose the formation of a state consti- tution at this time, by this convention, and announced that he was ready to second any motion to that effect if any member of the convention would make such motion, he having no col- league from his OAVTI county to aid him in this move. On motion of Mr. Fox, the secretary was instructed to pro- cure 100 printed copies of the rules. The president presented the following communication from Mr. E. A. Slack: OFFICE OF THE CHEYENNE DAILY SUN, ) Cheyenne, Wyo., Sept. 4, 1889. \ Hon. M. C. Brown, President Constitutional Convention: Sir : The "Sun" from the initiation of the question of state- hood, for Wyoming, has been active in its advocacy of such 20 CONSTITUTIONAL CONVENTION. measures as would speedily insure Wyoming's admission as a state. it is anxious in any way in its power to promote the objects of the convention. The "Sun" will furnish materials and do any or all printing that may be desired by the convention, on bids or estimates as may be agreed upon, trusting to compensation therefor to be hereafter provided by the legislature of the territory or the congress of the United States. Very respectfully, E. A. SLACK, Publisher Daily Sun. On motion of Mr. Hay the secretary was instructed to get the rules printed at the office of the Cheyenne Daily Sun. Mr. Mckerson, from the committee on ways and means made the following report: Mr. President : Your committee on ways and means having considered the matter referred to them, beg leave to report : That they recommended that the various officers of this con- vention receive the same compensation that like officers of the Tenth Legislative Assembly received, depending upon the Unit- ed States or the next legislature to pay the same, and that the president and secretary be authorized to issue certificates to said officers. Your committee estimate that the cash expense for books, printing and other incidental expense ought not to exceed $500, and that we have under consideration means of defraying such expense, as well as to employ a stenographer at $10 per day. We herewith submit a proposition of Miss Louisa S. Smith, stenographer, and recommend that she be employed. Your committee feel confident that arrangements can soon be made to raise the necessary funds to defray these expenses mid ask for further time to report. H. G. HAY, Chairman. H. G. NTCKEESON, Secretary. Cheyenne, Wyoming, Sept. 4th, 1889. Henry G. Hay, Chairman, Cheyenne, Wyoming. . Dear Sir: I hereby offer to report the proceedings of the constitutional convention at the rate of ten dollars per diem. Yours Respectfully, LOUISE S. SMITH. The report, on motion of Mr. Irvine, was received and further time granted. / Mr. Potter moved 1hat Miss Smith be employed as official stenographer, in accordance with the report of the committee on ways and means. JOURNAL. 2 1 Pending this motion, the convention, on the motion of Mr. Riner, adjourned until ten o'clock, a. m., Sept. 5th. M. C. BROWN, President Convention. Attest: JOHN K. JEFFREY, Secretary. FOURTH DAY. HALL OF THE CONSTITUTIONAL CONVENTION, CAPIIOL BUILDING, Cheyenne, Wyo., Sept. 5, 1889. The convention asembled at ten o'clock a. m. In the absence of the president, Mr. Riner was chosen presi- dent pro tern, and took the chair. Koll call Forty members present. Prayer by the chaplain. Journal of the two previous sesions were read and approved. The committee on credentials reported the presence of Mr. N. Baldwin, a duly elected delegate to this convention from the County of Fremont. On motion of Mr. Grant the report was adopted, and Mr. Baldwin was sworn in by Justice of the Peace W. P. Carroll. On motion of Mr. Fox 1he oath of office was then admin- istered by Justice Carroll to Assistant Secretaries Mrs. B. Recker and H. Glafcke, Sergeant-at-arms O. P. Yelton and Door- keeper J. B. Walsh. On motion of Mr. Teschemacher the convention took up the motion to employ an official stenographer. Mr. Chaplin moved that we do not employ an official sten- ographer. Mr. Teschemacher offered an amendment that w r e do employ an official stenographer.- Mr. McCandlish called for the yeas and nays on this ques- tion. The amendment was adopted by the following vote: Ayes Messrs. Baxter, Burdick, Burritt, Butler, Campbell, Casebeer, Coffeen, Conaway, Davis, Elliott, Ferris, Foote, Fox, Frank, Hay, Holden, Irvine, Jeffrey, Johnston, Jones, Morgan, Morris, McCandlish, Nickerson, Organ, Palmer, Potter, Preston, Reed, Riner, Russell, Scott and Teschemacher. 33. Nays Messrs. Baldwin, Barrow, Chaplin, Menough, Suther- land. 5. Absent and not voting Messrs. Clark, Davis, Downing, 22 CONSTITUTIONAL CONVENTION. Grant, Hopkins, Hoyt, Knight, McGill, Smith, Vainer, and Mr. President. 11. Thereupon the president pro tern announced that the con- vention had adopted the amendment of Mr. Teschemacher. The original motion, as amended, was then adopted. Mi 1 . Chaplin moved that Miss Louise S. Smith be appointed official stenographer. Mr. Baxter moved to amend by referring the matter to the committee on ways and means, with power to act. The amendment was adopted. On motion of Mr. Teschemacher the privileges of the floor were extended to the Governor and Secretary of the Territory, Delegate in Congress, Judges of the Supreme Court and Ex- Secretary Shannon. The convention then stood in recess until two o'clock p. m. AFTERNOON SKSSION. The convention re-assembled at two o'clock p. m. The president in the chair. The president announced the following standing committees: STANDING COMMITTEES. Committee No. 1. Preamble and Declaration of Eights: George W. Baxter, S. W. Downey, C. D. Clark, N. Baldwin and Mark Hopkins. Committee No. 2. Legislative Department: E. S. N. Mor- gan, W. E. Chaplin, H. S. Elliott, D. A. Preston, E. C. Butler, H. A. Coffeen, DeF. Eichards, T. H. Moore, M. Hopkins, C. W. Holdeii. Committee No. 3. Executive Department: Jesse Knight, John A. Einer, A. L. Sutherland, J. C. Davis, Thomas E. Eeed, Chas. Vagner, T. H. Moore. Committee No. 4. Judiciary: A. B. Conaway, C. N. Potter, C. D. Clark, S. W. Downey, A. C. Campbell, D. A. Preston, H. S. Elliott, G. C. Smith, E. H. Sc6tt and F.-H. Harvey. Committee No. 5. Elections, Eights of Suffrage and -Quali- fications to Office: J. K. Jeffrey, John W. Hoyt, H. E. Tesche- macher, C. H. Burritt, G. C. Smith, H. A. Coffeen, E, H, Scott. Committee No. 6. Boundaries and Apportionment: M. C. Barrow, Joseph L. Stotts, J. A. Casebeer, John McGill, John M. McCandlish, H. E. Teschemacher, E. J. Morris, F. M. Foote, N. Baldwin, H. A. Coffeen. Committee No. 7. Education, Public Buildings, Public Health and Public Morals: John W. Hoyt, C. N. Potter, A. B. ConaAvay, E. S. N. Morgan. C. D. Clark. JOURNAL. 23 Committee No. 8. Agriculture, Irrigation and Water Eights : J. A. Johnston, C. W. Burdick, W. C. Irvine, A. L. Sutherland, C. W. Holden, N. Baldwin, C. H. Burritt. Committee No. 9. Mines and Mining: John L. Russell, G. W. Fox, L. J. Palmer, H. G. Nickerson, C. Vagner. Committee. No. 10. Manufactures, Commerce, Live Stock Interests and Labor: G-eo. Ferris, John McGill, T. R. Reed, H. G. Nickerson, C. P. Organ, E. J. Moris, Jonathan Jones. Committee No. 11. Taxation, Revenue and Public Debts: M. N. Grant, J. C. Davis, DeForest Richards, H. S. Elliott, H. G. Hay, D. A. Preston, H. E. Menough, Jesse Knight, H. A. Ooffeeii, Meyer Frank. Committee No. 12. County, City and Town Organization: C. H. Burritt, Geo. W. Fox, A. C. Campbell, J. A. Riner, Jona- than Jones. Committee No. 13. Corporations: H. A. Coffeen. C. N. Potter, F. M. Foote, C. W. Burdick, Geo. W. Baxter, S. W. Downey, John L. Russell. Committee No. 14. Railroads and Telegraphs: G. C. Smith, J. A. Riner, M. N. Grant, M. C. Barrow, J. M. McCandlish, H. G. Nickerson, A. B. Conaway, Jesse Knight, H. A. Coffeen, Meyer Frank. Committee No. 15. Salaries of Public Officers: F. M. Foote, H. G. Hay, H. F. Menough, N. Baldwin, J. M. McCandlish. Committee No. 16. Federal Relations, Public Lands, and Military Affairs: H. G. Nickerson, C. P. Organ,. R. C. Butler, H. F. Menough. G. W. Fox. Committee No. 17. Printing, Publication, Accounts, and Expenses: R. H. Scott, W. E. Chaplin, J. A. Casebeer, M. C. Barrow, H. G. Hay. Committee No. 18. Schedule, Future Amendments and Mis- cellaneous Matters: L. J. Palmer, J. K. Jeffrey, F. H. Harvey, R, C. Butler, W. C. Irvine, J. L. Stotts, A. L. Sutherland. Committee No. 19. Revision and Adjustment: H. E. Tesehemacher, A. C. Campbell, C. D. Clark, J. A. Casebeer and J. W. Hoyt. Mr. Hay moved that the list of standing committees be printed with the rules. Carried. The president presented the following communication from his Excellency, the Governor of the Territory: EXECUTIVE DEPARTMENT, ) Cheyenne, Wyo., Sept. 5, 1889. \ Hon. M. C. Brown, President Constitutional Convention, Cheyenne. Wyo. Sir: I have the honor to enclose you herein for the infor- mation of the members of the Constitutional Convention, copy of a letter recently received with relation to contemplated 24 CONSTITUTIONAL CONVENTION. visit to Wyoming of the United States Senate Committee on Arid Lands and Irrigation. Very Eespectfully, FRANCIS E. WARREN, Governor. San Francisco, Gala., Aug. 29, 1889. lion. Francis E. Warren, Governor of Wyoming Territory. Dear Sir: By direction of Senator Wm. M. Stewart, Chair- man U. S. Senate Committee on Arid Lands and Irrigation, I write to say that as at present advised, a sub-committee of said body will visit Cheyenne, arriving some time in September, about the 22d to 26th of that month. As it will then be impos- sible for the committee to go elsewhere than your capitol, Sen- ator Stewart desires me to urge upon you the advisability of securing the attendance there of as many representative citi- zens who understand your irrigation plans and needs, so tlu.t their testimony may be secured. You will be advised by tele- graph, probably from El Paso, of a more definite date. Very Respectfully, (Signed) RICHARD J. HINTON, Irrigation Engineer. The foregoing communications were referred to the com- mittee on irrigation. Mr. Riner moved that Mr. Slack's proposition in regard to printing be accepted, and that all matter to be printed be sent to the office of the Cheyenne Daily Sun. Mr. Burritt moved to amend by referring Mr. Slack's propo- sition to the committee on printing, with instructions to make a contract for printing on the most reliable basis and on the terms proposed in Mr. Slack's letter. The amendment was adopted. Mr. Coffeen offered the following resolution, which was adopted : Resolved, that the Territorial Librarian be requested TO furnish one copy of the Revised Statutes of Wyoming to each member of this convention at his earliest convenience. Mr. Fox presented the following resolution which was read: Resolved, that all matter any member may wish to be in- corporated in the Constitution shall be first introduced in the convention in writing to be read by the member introducing the same or by the clerk of the convention; after a second reading it shall be referred to the appropriate committee with- out debate, and no matter shall be incorporated in the Consti- tution until the subject to which it relates shall have first beeu considered and reported iipon by the committee of the whole. Each article or resolution so introduced shall be printed, giving its consecutive number of introduction and a copy JOURNAL. 25 Thereof furnished to each member before its second reading, providing, that nothing in this resolution shall prevent the in- troduction of original matter by any standing committee. The convention thereupon stood in recess for thirty minutes. On re-assembling. The following propositions were then presented, read first time by title and referred: File No. 1. By Mr. Morgan. "Declaration of Rights." Referred to Committee No. 1. File No. 2. By Mr. Morgan. "Legislative Department ." Referred to Committee No. 2. File No. 3. By Mr. Morgan. "Executive." Ref erred to Committee No. 3. File No. 4. By Mr. Morgan. 'Judiciary." Referred to Committee No. 4. File No. 5. By Mr. Morgan. "Qualifications foi Office." Referred to Committee No. 5. File No. 6. By Mr. Morgan. "Elections." Referred to Committee No. 5. File No. 7. By Mr. Morgan. "Taxation and Finance." Referred to Committee No. 11. File No. 8. By Mr. Morgan. "Education." Referred to Committee No. 7. File No. 9. By Mr. Morgan. "Militia." * Referred to Committee No. 16. File No. 10. By Mr. Morgan. "Public Officers." Referred to Committee No. 5. File No. 11. By Mr. Morgan. "City Charters." Referred to Committee No. 12. Tile No. 1.2. By Mr. Morgan. "Railroads." Referred to Committee No. 14. File No. 13. By Mr. Morgan. "Future Amendments." Referred to Committee No. 18. On reassembling Mr. Holden moved that his colleague, Mr. C D. Clark, be excused until his return next week. Agreed to. 26 CONSTITUTIONAL CONVENTION. Oil motion of Mr. Tesckemaclier the presentation of resolu- tions and propositions was made the special order for Satur- day, Sept, 7th. The convention thereupon adjourned until ten o'clock a. in. Sept. 6th. M. C. BROWN, President. Attest: JOHN K. JEFFREY, Secretary. ' FIFTH DAY. HALT. OF THE CONSTITUTIONAL CONVENTION, \ CAMTOL BUILDING, > Cheyenne, Wyo., Sept. 6, 1889. ) The convention assembled at ten o'clock a. m. Mr. President in the chair. Prayer by the chaplain. Roll call, thirty-seven members present. Journal of previous session read and approved, Mr. Fox persented the credentials of Mr. F. H. Harvey, del- egate elect from Converse county. Referred to the committee on credentials. The convention stood in recess for ten minutes. On reassembling Mr. Jeffrey offered the following resolu- tion: Resolved, That the delegates to this convention elected for the purpose of forming a constitution for the proposed state of Wyoming do hereby declare, on behalf of the people of said proposed state, that they adopt the constitution of the United States. Referred to Committee No. 1. On motion of Mr. Teschemacher the rules were suspended for the purpose of authorizing the committee on credentials to make a report. Mr. Fox of said committee made the follow- ing report: Cheyenne, Sept. 6th, 1889. Mr. President: We, your committee on credentials, have examined the credentials of Mr. F. H. Harvey of Converse county and do recommend that he be entitled to a seat in the convention. GEO. W. FOX, Chairman. J. M. McCANDLISH, Secretary pro tern. On motion of Mr. Fox the above report was adopted. JOURNAL. 27 * Mr. Harvey thereupon was sworn in by Justice of the Peace W. P. Carroll and took his seat in the convention. PROPOSITIONS AND RESOLUTIONS. The following propositions were read first time and re- ferred : File No. 1.4. By Mr. Barrow. "County Seats, Boundaries and Divisions of Coun- ties." Mr. Potter moved its reference to committee No. 12. Mr. Irvine moved to amend by referring the proposition to committee No. 6. Mr. Burritt arose to a point of order, it being the point that a motion to refer is not under the rules, subject to amend- ment. The chair sustained the point of order. The convention by a rising vote then referred File No. 14 to committee No. 6. File No. 15. By Mr. Palmer. "Concerning School Lands." Read first time and referred to Committee No. 16. File No. 16. By Mr. Palmer. "Concerning a compulsory Secret Ballot." Read first time and referred to Committee No. 5.. File No. 17. By Mr. Palmer. "Concerning Private Detective Agencies." Referred to Committee No. 10. File No. 18 By Mr. Campbell. "Qualifications of State Officers." Referred to Committee No. 5. File No. 19, By Mr. Campbell. "Creation of New Counties and Municipal Corpora- tions." Referred to Committee No. 12. File No. 20. By Mr. Fox. "Preamble." Referred to Committee No. 1. File No. 21. By Mr. Chaplin. "Freedom of Conscience, etc." Referred to Committee No. 1. File No. 22. By Mr. Baxter. "Creation of New Counties." Referred to Committee No. 12. The president presented a communication from Mr. Joseph Ramsey, of Tennessee, proposing several articles for the con- stitution of Wyoming. Referred to Committee No. 18. Mr. Baxter offered the following resolution, which was adopted : Resolved, That the president of this convention be requested to send to the president of the constitutional convention of 28 CONSTITUTIONAL CONVENTION. New Mexico, now in session in the City of Santa Fe, greetings of the people of Wyoming, and convey some expression of the hope which we entertain that both Wyoming and New Mexico may at an early day ! be admitted as states in the Union as of right they ought to be. Mr. Hoyt presented the following resolution, which was laid over under the rules: Resolved, That the members of standing Committee No. 10, .entitled "Manufactures, Commerce, Live Stock Interests and Labor," is hereby increased to ten in order that each coun- ty of the territory may be represented therein. On motion the convention stood in recess until two o'clock AFTERNOON SESSION. The convention reassembled at two o'clock p. m. The president in the chair. The president presented the following communication, "which was read: Lexington, Missouri, Sept. 3rd., 1889. B. S. Elliott, President, and Members of Wyoming Constitu- tional Convention, Cheyenne: Dear Sir: As an old resident of Wyoming and a mem- ber of her first legislature, it will not seem out of place for me to express my interest in your proceedings, and my best wishes for the success of the new state. The name of the state has much to do with its future for- tunes, and if the new state is to be named after a county, it would seem to me much better to name it after one of your own counties, than after a county in an eastern state, as it is now named. Uuita is a much prettier name than Wyoming, and it is one that belongs to your locality and was not imported from the east. Wyoming was chosen for you when helpless. When you become full fledged free men choose your own name. 1'h ere are many other pretty aboriginal names that belong to the west, but it would be hard to find a more suita- ble and pleasant sounding name than Uinta, spelled with five letters. With many wishes for the prosperity of the new state, I have the honor to be, my dear sir and gentlemen, GEORGE WILSON, Member of Council, First Legislature. On motion of Mr. Reid the foregoing communication was laid upon the table. At the request of M. Palmer, Mr. Preston was excused until his return next week. JOURNAL. 29 The convention excused Mr. Barrow until Tuesday next. The president submitted the following communications from his excellency, the governor of the territory, which were read and referred to Committee No. 5. EXECUTIVE DEPARTMENT, ) Cheyenne, Wyo., Sept. 3, 1889.. $. Hon. M. C. Brown, President Constitutional Convention, Cheyenne, W}*o. Dear Sir: I am in receipt of a letter from Henry B. Blackwell, of Boston, regarding woman's suffrage, in the Wyo- ming constitution. He encloses letters from U. S. Senator Henry W. Blairv of New Hampshire, Ex-Governor of Massachusetts John D- Long, and Member of Congress T. B. Eeed of Maine. The three letters I herewith enclose you for any use you may desire to make of them during the convention. Very Truly Yours, FRANCIS E. WAEEEN, UNITED STATES SENATE, > Washington, D. C., Aug. 21, 1889. \ Henry B. Blackwell, Cor. Sec'y Am. Woman's Suffrage Asso'tn. Dear Sir: The most common arguments urged by the opponents of woman suffrage to a national constitutional amendment giving suffrage to women, is that the whole subject belongs to the states, and to the people of the states. Always in debate they tell us to go to the states and fight out the battle there. Hence all must see that you are pursuing the very course they pronounce the proper one, in your efforts to secure the suffrage for women in" the formation of the constitutions of the new states. There is not the slightest ground to apprehend their re- jection should these states apply, with woman suffrage in their constitutions. There is very general willingness that the experiment be tried even by those who have no faith in the result. Tried it must be, and the sooner the better. Truly Yours, HENRY W. BLAIE. Portland, Me., Aug. 21st, 1889. My Dear Sir: There is no danger that the admission of Wyoming will be hindered in the least by putting woman suffrage in the constitution. Very Truly, T. 'B. EEED. To Henry B. Blackwell, Cor. Sec'y Am. W. S. A. go CONSTITUTIONAL CONVENTION. LAW OFFICE OF ALLEN, HEMENWAY & LONG, Boston, Mass., Aug. 22, 1889. Dear Sir: In my judgment, if Wyoming adopts a woman suffrage constitution, congress will recognize and respect the right of the people of that territory to regulate and determ- ine the question of suffrage for themselves, and would not refuse them, admission as a state on that account. Yours Truly, JOHN ). LONG. Henry K Blackwell, Esq. Mr. Chaplin submitted the following report: Cheyenne, Sept. 6th, 1889. To the Members of the Constitutional Convention of Wyoming: Gentlemen: We, your committee on printing, desire to report that we have asked for bids from the various printing establishments in Cheyenne, w r hich are submitted herewith, and made a part of this report. We desire to state that the committee in each case in- formed the printing establishments that no moneys were avail- able for the payment of bills which might be incurred, bat that they would be compelled to take their chances upon an appropriation by the legislature, or the United States congress. W. -E. CHAPLIN, J. A. CASEBEER, HENRY O. HAY. To the Printing Committee of the Wyoming Constitutional Convention : Sirs: The Sun will do the printing as specified by you, upon , 161b. flat cap at the rate of 55 cts. per 1.000 ems. And upon a super sized calendered bb. paper after sam- ple enclosed at 5 cts. less per 1,000 ems. E. A. SLACK. Cheyenne, Wyo., Sept. 6, 1889. To the Printing Committee, Constitutional Convention: Gentlemen : We agree to print (75) seventy-five copies of all matter introduced in said convention for incorporation into the constitution of the state of Wyoming for the sum of (57) fifty-seven cents per 1,000 ems. This to include paper and press work. Type small pica. Paper 16 Ib. cap, good quality. Kespectfully, BRISTOL AND KNABE PRINTING CO. t S. A. Bristol, Manager. JOURNAL. 31 Cheyenne, Sept. 6, 1889. Committee on Printing, Constitutional Convention: Gentlemen: I herewith propose to do the printing for the constitutional convention, in a manner similar to the enclosed legislative bill, at the rate of 65 cents per 1,000. This includes composition, paper, press work, and every- thing complete. Enclosed find sample of paper and style of bill. Yours Truly, JOHN F. CARROLL, Manager Cheyenne Leader. On motion of Mr. Coif een the report was accepted and the committee authorized to contract with Mr. Slack, the lowest bidder, for the printing required by this convention, on the basis of his two propositions submitted to this convention. Mr. Hay, from the committee on ways and means, reported as follows: Mr. President: Your special committee on ways and means to whom was re referred the matter of employing an official stenographer to report the proceedings of this convention, jbeg leave to re- port that they have employed Miss Louise S. Smith, and submit her proposition herewith. H. G. HAY, Chairman. II. G. MCKERSO^, Secretary. Cheyenne, Wyoming, Sept. 6th, 1889. Henry G. Hay, Esq., Chairman, Cheyenne, Wyoming, l>ear Sir: I beg to submit the following proposition for your final consideration. I will make a stenographic report of the proceedings of the convention, and furnish a type-written transcript of the same at the rate of fifteen dollars per day, for each day actu- ally employed in making such stenographic report, the work to be completed within thirty days after the adjournment of the convention. Yours Respectfully, LOUISE S. SMITH. On motion of Mr. Campbell the report was accepted, and the action of the committee approved. Mr. Potter gave the following notice: Cheyenne, Sept. 6th, 1889. Mr. President: I hereby give notice that on to-morrow or some subsequent day, I will move an amendment to Rule six, by the establish- ment of an additional committee to be known as a "Committee on Ordinances." C. N. POTTER. 3 2 CONSTITUTIONAL CONVENTION The resignation of Corlett Downey, one of the pages of this convention, having been accepted, Mr. Potter nominated' Fred Huf smith for the position vacated; and he was chosen page by acclamation. On motion of Mr. Campbell, the convention adjourned un- til ten o'clock a. m. Sei)t. 7th. M. C. BROWN, Pres. Con. Attest: J. K. JEFFREY, Secretary. SIXTH DAY HALL OF CONSTITUTIONAL CONVENTION, V CAPITOL BUILDING, > Cheyenne, Wyo., Sept. 7, 1889, V The convention assembled at ten o'clock a. m. Mr. President in the chair. Prayer by the chaplain. Roll call, 34 members present. Journal of previous session read and approved. Mr. Mark Hopkins, delegate from Sweetwater County, ap- peared on the floor of the convention and the oath of office* was administered to him by Justice of the Peace W. P. Carroll. The president submitted a communication from Mr. S. I). Shannon, Ex-Secretary of Wyoming Territory, accepting the courtesies extended to him by this convention. The following resolution, offered by Mr Baxter, was unan- imously adopted: Resolved, That the thanks of members of this convention are hereby tendered to Mr. Jno. F. Carroll for his generous; offering of copies of the Cheyenne Leader, daily, during the continuance of the convention. The p?*esident announced the receipt of several copies of the annual report of the State Engineer of Colorado. On motion of Mr. Johnston, a vote of thanks was extended to that official. PROPOSITIONS. The following propositions were read first time and re- ferred : File No. 23. By Mr. Baxter. "Concerning Oath of all Civil Officers." Referred to Committee No. 5. File No. 24. By Mr. Baxter. "Concerning one of the Duties of the Attorney Gen- eral of the State." Referred to Committee No. 4. JOURNAL 33 File No. 25. By Mr. Ha x lor. 'Concerning Female Suffrage." Referred to Committee No. 5. 'file No. 26. By Mr. Baxter. "Forbidding the improper use of Public Funds.' 7 Referred to Committee No. 11. File No. 27. By Mr. Potter. "Concerning Taxation." Referred fo Committee, No. 11. File No. 28. By Mr. Potter. ''Public Schools." Referred to Committee No. 7. File No. 29. By Mr. Potter. "Concerning Qualifications of Electors." Referred to Committee No. 5. File No. 30. By Mr. Potter. "Limitation on Legislative Power." Referred to Committee No. 2. File No. 31. By Mr. Grant. -Relating to Railroad and Telegraph Lines." Referred ro Committee No. 14. File No. 32. By Mr. Teschemacher. "Qualification of Electors." Referred to Committee No. 5. File No. 33. By Mr. Palmer. "Concerning Exemptions." Referred to Committee No. 11. File No. 34, By Mr. Burdick. "State Militia." Referred to Committee No. 16. File No. 35. By Mr, Burdick. "Irriga tion Commissioners." Referred to Committee No. 8. File No. 36. By Mr. Fox. "Militia." Referred to Committee No. 16. File No. 37. By Mr. Coffeen. "Railroad Corporations." Referred to Committee No. 14. File No. 38. By Mr. Coffeen. "On Corporations." Referred to Committee No. 13. File No. 30. By Mr. Teschemacher. "Concerning the Ballot." Referred to Committee No. 5. File No. 40. By Mr. Reid. "Prohibiting the Importation of Foreign Police, Etc." Referred to Committee No. 10. On motion of Mr. 'Potter, Files 23, 25, 26, 27, 2S, 30, 31, 35, 36, 37, 38, and 40 were ordered to be printed. 3 34 CONSTITUTIONAL CONVENTION. The resolution offered by Mr. Hoyt, Sept. Oth, increasing the membership of Committee No. 10 to ten, was adopted. Mr. Coffeen moved a reconsideration. Carried. Mr. Coffeen moved an amendment of the resolution in- creasing the committee to eleven members. The amendment was agreed to. The resolution, as amended was then adopted. In pursuance of a notice previously given Mr. Potter moved to amend Rule 6, by appointing an additional standing com- mittee of seven members, to be known as Committee No. 20, "On Ordinances." Agreed to. Mr. Johnston, of Committee No. 8, made the following re- port, which was adopted: Mr. President: CONSTITUTIONAL CONVENTION, WYOMING TERRITORY, ) Committee Room No. 8, Sept. 7, 1889. \ Your committee to whom was referred the communica- tion of His Excellency relative to the expected visit of the U. S. Senate committee on arid lands and irrigation, respect- fully report that they have had the matter under considera- tion and report That we have conferred with His Excellency and are informed b} r him that he has called upon the several Boards of County Commissioners of the Territory to send one or more men who are familiar with irrigation in their coun- ties to represent their counties, before the U. S. Senate Com- mittee but that all the counties may not have time to respond. Your committee therefore recommend: That for fear the county commissioners may fail to respond, that a member be designated from this convention to com- plete the representation from each county, and whose busi- ness shall be to see that their counties are represented before the U. S. Senate committee, and this committee be informed at once, so that the material to be used before said committee may be intelligently arranged so as to make the best showing possible and that * each county delegation be requested to designate a member for said committee. Your committee fur- ther recommend that the U. S. Senate committee be tendered the privileges of the floor of this convention, and that the president of this convention be requested to write the mem- bers of the U. S. Senate committee to address this convention upon the question of irrigation. We submit herewith two resolutions and recommend their adoption. J. A. JOHNSTON, Chairman. The following resolutions submitted by Committee No. 8, were ordered to be read and were adopted without debate. Kesolved, That the president of this convention be re- quested to extend to the members of the U. S. Senate com- JOURNAL. 35 mictee on arid lauds and irrigation the privileges of the floor of this house, and to extend an invitation to the members of the said committee to address this convention upon the ques- tion of irrigation. Resolved, That a select committee of ten to consist of one member from each county, be chosen from this convention, each delegation to designate the member from their county, to attend to the preparation and presentation of information on irrigation to the U. S. Senate committee 0*1 arid land and irrigation on the occasion of their yisit to Cheyenne and in conjunction with His Excellency the Governor to arrange for their formal reception and entertainment. The president announced that in accordance with the fore- going resolution the designation of the members to form this select committee was in order. The roll of counties being called, the following named gentlemen were chosen as mem- bers of the select committee: Albany Count} r , S. W. Downey, Carbon County, K. C. Butler, Crook County, nomination deferred, Converse County, nomination deferred, Fremont County, N, Baldwin, Johnson County, C. H. Burritt, Laramie County, J. A. Johnston, Sheridan County, IT. A. Coffeen, Svvwetwntei' County, M. Hopkins, TTinta County, C. W. Holden. Mr. Hoyt presented a resolution relating to "Printing and Publication," which resolutions were laid over under the Tides. By general consent Mr. Campbell was excused from atten- dance next Monday. Mr. Fen-is and Foote were also excused until their return next -vvfeek. On motion of Mr. Organ, as amended by Mr. Campbell, the com r ention adjourned till two o'clock p. m. Monday, Sep- tember 9th. M. C. BROWN, Pres. Con. Attest: JOHN K. JEF.FREY, Secretary. 36 CONSTITTTIONAL CONVENTION. SEVENTH DAY HALL OF CONSTITUTIONAL CONVENTION, \ CAPITOL BUILDING, > Cheyenne, Wyo., Sept. 9, 1889, 7 The convention was called to order at 2 o'clock p. m. Mr. President in the chair. Prayer by the chaplain. Roll call; 38 members present. Journal of the previous session read and approved. Mr. Frank, of Crook, designated Mr. R. H. Scott as mem- ber of the special committee to meet the "U. S. Senate com- mittee on irrigation. The president announced that he had made the following additional appointments on standing committees: Committee No. 10, Messrs. Sutherland of Albany, Frank of Crook, Irvine of Converse, McCandlish of Johnson. Committee No. 20, "On Ordinances," Messrs. Downey, Or- gan, Harvey, Burdick, Potter, Menough, Jones. PROPOSITIONS. The following propositions were read first time and re- ferred : File No. 41. By Mr. Jeffrey. "Public Indebtedness." Referred to Committee No. 11. File No. 42. By Mr. Fox. ''Transportation of Coal and Mineral Oils." Referred to Committee No. 13. File No. 43. By Mr. Nickerson. "Apportionment." Referred to Committee No. 2. File No. 44. By Mr. Morgan. "Preamble." Referred to Committee No. 1. File No. 45. By Mr. Morgan. "Declaration of Rights." Referred to Committee No. 1. File No. 46. By Mr. Morgan. "'Distribution of Powers." Referred to Committee No. 18. File No. 47. By Mr. Grant. "Elections." Referred to Committee No. 5. JOURNAL. 37 The president announced thiit in accordance with a reso- lution of this convention, he had sent the following telegraphic dispatch : Cheyenne, Wyo., Sept. 6th. To the President of the Constitutional Convention, Santa Fe, New Mexico: Wyoming's Constitutional Convention sends greetings and -expresses the hope that Wyoming and New Mexico at an early day will be admitted into the Union of States, as by right they ought to be. (Signed) MELVILLE C. BROWN, President. The reply received was as follows: Santa Fe, N. M., Sept, 7. Melville C. Brown, President Constitutional Convention, Cheyenne, Wyoming : The New Mexico Constitutional Convention extends the IniTkd oi fellowship to Wyoming with deepest gratitude for her kindly greeting, and is sanguine that the race upon which "Wyoming and New Mexico have entered will be successful and that their two stars will be none the less brilliant in the American constellation than those which shine in the Union firmament. (Signed) J. FRANK CHAVEZ, President. Mr. Morgan offered the following resolution, which was unan- imously adopted : Resolved, That the thanks of the convention are due and hereby tendered to Hon. J. W. Meldrum, Secretary of the Territory, for his successful efforts in fitting up the hall for the meetings of the convention, providing ^stationary and other essentials for the use of the members, Mr. Jeffrey moved that File No. 41 be printed; so ordered. On motion of Mr. Chaplin, the resolutions offered by Mr. Hoyt, September 7th, were laid over until to-morrow. Mr. Irvine of Converse, withdrew the name of M. C. Bar- row, as member of the special committee to meet the IT. S. Senate committee on irrigation. Mr. Irvine moved that the delegation from Converse be permitted to designate Mr. DeForest Richards as the Con- verse Comity member of ihe special committee to meet the IT. S. Senate committee on irrigation. Ruled out by the chair on a point of order. On motion of Mr. Riner, the convention adjourned until ten o'clock a. m., September 10th. M. C. BROWN, Pres. Con. Attest: JOHN K. JEFFREY, Secretary Const. Con. 38 CONSTITUTIONAL CONVENTION. EIGHTH DAY. HALT. OF THE CONSTITUTIONAL CONVENTION, \ CAPITOL BUILDING, > Cheyenne, Wvo., Sept. 10, 1889. ) The convention was called to order at 10 o'clock a. m. Mr. President in the chair. Prayer by the chaplain. Roll call. Thirty -nine members present; absent members heretofore excused by the convention. Journal of previous session read and approved. The convention on motion excused Mr. Hopkins until Thurs- day next. PROPOSITIONS. The following propositions were read first time and re- ferred : File No. 48. P,y Mr. Frank. "County Organizations." Referred to Committee No. 12. File No. 4!). By Mr. Frank. "Sultrag^ and Elections." Referred to Committee No. 5. File So. 50. By Mr. Campbell. "'Concerning the Creation of a Supreme Court." Referred to Committee No. 4. File No. 51. By Mr. Jeffrey. "Seal of State." Referred to Committee No. 3. File No. 52. By .Mr. Smith. "Regulation of Railroads and Telegraphs." Referred to Committee No. 14. File No. 53. By Mr. Chaplin. "Preamble." Referred to Committee No. 1. File No. 5-4. By Mr. Grant. 'Limitation on Public Indebtedness." Referred to Committee No. 11. File No. 55. By Mr. Grant, ''Concerning the Revenue." Referred to Committee No. 11. File No. 56. By Mr. Riner. "In relation to the Executive Department." Referred to Committee No. 3. JOURNAL. 39 Mr. Hay offered an amendment to Kule No. 25, relating to printing. Mr. Riner moved the suspension of the rule requiring one day's notice for the purpose of considering the amendment, seconded by two members. The yeas and nays were called for, 011 the motion to suspend the rules, and resulted as fol- lows: Yeas 35. Nays 5. Absent 0. Thereupon the president announced that two-thirds of the members present having voted in the affirmative, the rules were suspended for the purpose of considering the proposition to amend the rules. Mr. Hay having withdrawn his amendment Mr. Tesche- macher offered the following substitute: Amend Kule 51 so as to read as follows: "All reports of -the committees containing matter to be incorporated in the constitution shall be considered in the order in which the reports are made, and upon their intro- duction and full reading before the convention; such matters to be incorporated shall be referred immediately to the print- ing committee and when printed shall be placed upon the calender to be considered in the committee of the whole con- vention. No other matter shall be printed except by consent of the convention." Mr. Riner called for the yeas and nays on the question to adopt the amendment. Seconded by two members. Pending the question, on motion of Mr. Campbell, sup- ported by five members, a call of the house was ordered The president instructed the sergeant-at-arms to close the doors. On motion of Mr. Riner further proceedings under the call of the house were dispensed with. The yeas and nays on the question of adopting Mr. Tesche- macher's proposed amendment of Rule No. 51, resulted as follows : Yeas 18: Nays 1.9; Absent 11. The president thereupon announced that a majority of the convention having not voted in the affirmative, the motion to amend the rules was lost. On motion of Mr, Fox, the convention stood in recess until two o'clock p. in. AFTERNOON SESSION. The convention re-assembled at two o'clock p. m. Mr. President in the chair. The president presented the following communication from, the Hon. Delegate in Congress from Wyoming Territory: 40 CONSTITUTIONAL CONVENTION. Cheyenne, Wyoming, Sept. 9, 1889. Hon. M. C. Brown, President Constitutional Convention, ( .-heyenne, Wyoming. Sir: For the distinguished honor conferred in tendering to me the privileges of the floor of the convention, I desire to express my hearty thanks. Tin.* first Constitutional Convention of Wyoming, I be- lieve, v/ill form a constitution which will be approved by fill its members, ratified by the people, and accepted by congress as the fundamental law of a new state. Very respectfully, Your obedient servent, JOSEPH M. CAREY. REPORTS OF STANDING COMMITTEES. Mr. Johnston, of Committee No, 8, made the following re- port which was adopted and the accompanying proposition ordered printed. Cheyenne, September 10, 1889. Mr. President: Your Committee No. 8, submit herewith a proposition on "Irrigation and Water Rights," and recommend that the same be Drill ted for the information of the convention. el". A. JOHNSTON, Chairman. Committee No. 1.2 reported as follows: Committee No. 12. On County, City and Town Organi- zations. September 10th, 1889. Mr. 1 'resident* Your committee having under consideration File No. 11, re- turn the same with the recommendation that it do not pass, and submit herewith a substitute entitled Municipal Corpora- tions which we recommend for incorporating in the constitu- tion. Your committee apprehend that a large portion of File No. 11 was inadvertantly referred to us, as it refers to corpora- tions other than municipal, we therefore recommend that all of said file except the first section be referred to Committee No. 13, on corporations. CHAS. H. BUKKITT, JONATHAN JONES, GKO. W. FOX, A. C. CAMPBELL, J. A. RINER. On motion of Mr. Elliott the report of Committee No. 12 was adopted, the substitute submitted by the committee, ord- JOURNAL 4! *ered printed and File No. 11, excepting Sec. 1, referred to Com- mittee No. 13. Committee No. 12 submitted a majority and minority report on Files No. 19 and 22, which on motion were accepted. The special committee on ways and means made the fol- lowing report: Wyoming Constitutional Convention. Final Report of Temporary Committee on Ways and Means. Cheyenne, Wyoming, Sept. 10, 1889. To the President of the Wyoming Constitutional Convention, Cheyenne, Wyoming, Sir: Your committee having had under consideration the questions which were referred to them, viz: The compensa- tion of the employees of the convention, the advisability of employing a stenographer, and the ways and means of raising the funds to meet the necessary cash expenditures of the con- vention, beg leave to submit the following final report: As already suggested your committee recommends that the compensation of the employes of the convention, be fixed as nearly as possible at the same rates as those paid for similar service to the employes of the Tenth Legislative Assembly of Wyoming. And that the president and secretary of the con- vention be authorized to issue to the said employes certificates showing the amount of service rendered and the amount due them, said certificates to be accepted by the employes subject to any action that -the legislature of Wyoming or the congress of The United States, may take in reference to paying the expenses of this convention. We find that the rates of com- pensation as suggested above applied to the employes of this convention, would be as follows, to-wit: Two assistant secretaries at five dollars per day each. One Sergeant-at-Arms, at five dollars per day. One dookeeper or watchman at four dollars per day. One chaplain at one dollar and fifty cents per day. Two pages or messengers at two dollars per day. A contract has been made with the Cheyenne Daily Sun, by another committee, by which it is provided that no cash payment shall be made, and we therefore suggest that certi- ficates, similar to those mentioned, be issued to the editor of the Cheyenne Sun. The convention has already taken action in reference to stenographer. Your committee estimates that there will be required not to exceed $700.00 in cash for the payment of stenographic report, for the tables, stationery and supplies provided by the secretary of the territory, previous to the meeting of the convention. To meet this demand a loan has been made, by .subscription, from certain citizens of Cheyenne, on condition 42 CONSTITUTIONAL CONVENTION. that certificates be issued to them showing the amount sub- scribed. A form of certificate is submitted herewith, and it is recom- mended that authority for their issue be given, on receipt by the secretary of the convention, of their par value from the subscribers and that the funds so received be paid by the sec- retary of the convention to the secretary of Wyoming territory, who shal be requested to pay the same out on the properly audited vouchers of the convention. Your committee having completed the labors assigned to it to the best of its ability, now ask to be discharged, and that the matter of carrying out the details of the plan proposed, be referred to the proper standing committee. Very Respectfully, HENRY G. HAY, Chairman. H. G. NICKERSON, Secretary. FORM OF CERTIFICATE. No | WYOMING CONSTITUTIONAL CONVENTION. Cheyenne, Wyo., September. . . ., 1889. This is to certify that (blank) this blank to be filled to show the name of the party to whom issued, the service rendered, and the amount due Dollars. And that this certificate is issued by authorit}^ of the Consti- tutional Convention of Wyoming, subject to such action as the Legislature of Wyoming, or the Congress of the U S. may make in reference to the payment of the expenses of the said con- vention. President. Secretary. On motion of Mr. Potter the foregoing report of the com- mittee on ways and means was adopted and the committee dis- charged. On motion of Mr. Smith the resolutions offered by Mr. Hoyt were laid over until the next session. Mi'. Hay offered the following resolution which was adopted by a unanimous vote : Resolved, That the president and secretary of this conven- tion are hereby authorized to issue certificates, in the form, and for the purposes, proposed in the report of the temporary committee on ways and means of September 10th, and that the proceeds derived from the sale of any of such certificates as may be sold shall be paid to tin* sec-rotary of the territory.. JOURNAL. 43 to be disbursed by him on the properly audited vouchers of the convention. Also that the certificates issued for the pay- ment of the employes, and for printing and be delivered to the 'secretary of the territory to be paid out to the proper parties, and that the secretary of the territory be requested to keep a record of his receipts and disbursements, on this account, for future reference. Provided, That no certificate shall be issued, in excess of the amount or for any other purpose than those suggested in the report of the ways and means committee, without the further authority of this convention. Mr. Fox submitted the following resolution, which was adopted: Resolved, That a committee of three be appointed by the chair to inspect from tune to time the work performed by the stenographic reporter so far as the report is completed in type written manuscript, the approval of the report by said committee shall entitle the stenographer to the payment of the fees ae designated in the report of the committee on ways and means and adopted by the convention. Mr. Pox moved that the convention go into committee of the whole. Lost on a rising vote. On motion of Mr. Baxter the majority and minority re- ports of Committee No. 12, on files No. 19 and 22 were ordered printed. Messrs. Elliott and Preston w r ere excused for the day. On motion of Mr. Campbell the convention adjourned until' ten o'clock a. m., Sept. llth. M. C. BROWN, President Convention. Attest: JOHN K. JEFFREY, Secretary. NINTH DAY. HALL OF THE CONSTITUTIONAL CONVENTION, CAPFIOL BUILDING, Cheyenne, Wyo., Sept. n, 1889. The convention was called to order at ten o'clock a. in. Mr. President in the chair. Braver oy the chaplain. Roll call: 40 members present, absent members hereto- fore excused by the convention. Journal of previous session read and approved. Mr. DeForest Richards, delegate elect from Converse coun- ty, appeared on the floor of the convention, and the oath of ^4 CONSTITUTIONAL CONVENTION. office was administered to him by Justice of the Peace W. P. Carroll. PROPOSITIONS. The following propositions were read first time and re- ferred : File No. 59. By Mr. Fox. "Qualifications to Office." Referred to Committee No. 7. File No. 60. By Mr. Fox. ''Federal delations/' Referred to Committee No. 16. File No. 61. By Mr. Campbell. "'Incorporations of Cities, Towns and Counties." Referred to Committee No. 15. File No. 62. By Mr. Morgan. ' 'Legislative Depa rtment . " Referred to Committee No. 2. File No. 63. By. Mr. Grant. "Revenue." Referred to Committee No. 11. File No. 64. By Mr. Morgan. "General Oath of Office." Referred to Committee No. 5. File No. 65. By Mr. McCandlish. "Salaries of County Officers." Referred to Committee No. 15. REPORTS OF STANDING COMMITTEES. Committee No. 5 reported as follows: Cheyenne, Wyo., Sept. llth, 1889. Mr. President: Your Committee No. 5, having under consideration File No. 18, beg leave to return the same with the recommendation that it be re-referred to Committee No. 3 on executive de- partment. JOHN K. JEFFREY, Chairman. On motion of Mr. Jeffrey File No. 18 was referred to com- mittee No. 3. Committee No. 18 submitted the following report: To the Chairman of the Constitutional Convention, Wyoming: Sir: Your Committee No. 18 on Schedule, Future Amend- ments and Miscellaneous Matters, report as follows: That File No. 46, concerning the distribution of powers, be and is returned to your body with the recommendation that it become a part of the constitution of the state of Wyoming. That File No. 13 be and is referred back to your body with the recommendation that it do not pass, and your com- JOURNAL 45 mil tee propose a substitute therefor with the recommenda- tion that said substitute become a part of the constitution for the state of Wyoming, under the title of "Amendments," L. J. PALMER, Chairman. On motion of Mr. Irvine File No. 46, and substitute for File No. 13 reported by Committee No. 18, were ordered printed. RESOLUTIONS. The following resolution offered by Mr. Hoyt Sept. 7th and as amended by Mr. Jeffrey was adopted. Whereas, It has been determined that a full record shall be made of the proceedings of this convention, with a view to its publication, and whereas it is desirable that such record be so prefaced as to show the successive official acts in which the convention had origin in order that such acts may be- come a permanent part of its history, therefore, Resolved. That the standing committee on printing and publication is hereby instructed to embrace in the volume of proceedings to be so published, and as introductory thereto, the following official papers, to- wit: 1. The memorial of the Tenth Legislative Assembly, re- questing of congress such legislation as will enable the people of Wyoming to form a constitution and state gOA T ernment. 2D. THE RESOLUTIONS ADOPTED BY THE SEVERAL BOARDS OF COUNTY COMMISSIONERS. "Whereas, This board of county commissioners is satis- fied, by an examination of senate bill No. 2,445, as unanimously and favorably reported to the United States senate by the committee on territories, that its provisions are absolutely fair for all sections of the territory of Wyoming, and Whereas, The board is satisfied that there should be im- mediate action, as there would be greater probability of suc- cess by literally and speedily following the provisions of this bill; therefore be it Resolved, That this board pledges itself to put in operation the election machinery under the laws of the territory for the election of delegates to a constitutional convention, and the submission of such constitution as may be presented by the said convention to the people of this county for ratification or rejection, if the governor, chief justice (ind secretary of the territory shall in their wisdom see fit to take the initiatory steps under the provisions of said senate bill for calling into existence a constitutional convention. Resolved. That the chairman of this board be instructed to present copies of this resolution to the governor, chief jus- tice and secretary, with the request that if other counties 4 6 CONSTITUTIONAL CONVENTION. of the territory make similar requests they shall divide the territory into districts, apportion the number of delegates to the several districts or counties, and do such other acts as may be necessary for the convening of such constitutional con- vention in the manner and form as is provided by the terms of said senate bill" 3. The certificate of the governor, chief justice and sec- retary of the territory, setting forth their apportionment of the number of delegates to said convention among the sev- eral districts of the territory dated Junte 3rd, 1889. 4. The proclamation of the governor dated June 3rd, 1889, directing an election throughout the territory for the* choice of delegates to a constitutonal conventon to form at Cheyenne on the first Monday of September, 1889, for the purpose of framing a constitution for the state of Wyoming. The following resolution submitted by Mr. Hoyt, relating to constitutional provisions, was on motion of Mr. Burritt adopted : Kesolved, That the constitution for Wyoming to be sub- mitted to the people for their adoption or rejection, should be as comprehensive and general in its provisions as shall be consistent with definiteness of purpose, and that in tke drafting of provisions there should be the avoidance of details which may be safely left to future legislation, to the end that with every necessary safeguard for interests general and vital, there may also be the freedom essential to a great and grow- ing people in a rapidly advancing age. On motion of Mr. Jeffrey Committee No. 1 was requested to report back the resolution relattng to the adoption of the constitution of the United States. Mr. Campbell moved the following resolution, which was adopted : Kesolved, That the following telegram be forwarded to Mrs. S. S. Cox, New York City: In the death of your distinguished husband we recognize the loss of an earnest and able advocate for our admission as a state. Permit us to extend our sympathies in this, your "hour of affliction. The president announced the following special committee on stenographic report: Messrs. Fox, Jeffrey and Baxter, Mr. Holden offered the following resolution, which was adopted : Resolved, That there be added to the committee appointed by this convention to meet and confer with the United States senatorial committee on arid lands which is expected to visit this city in the near future : 1. Hon. M. C. Brown, president of this convention. JOURNAL 47 2. That Hon. Joseph M. Carey, delegate to congress, be requested to act in conjunction with said special committee and that the secretary of this convention be instructed to notify him in writing of such request. 3. That the secretary be instructed to notify his excellency, Governor Warren, of the action of this convention upon the communication from the said senatorial committee, submit- ted to the convention by him. Mr. Irvine, on behalf of the delegation from Converse coun- ty, designated Mr. DeForest Bifchards, as member of the spe- cial committee to meet the United States senate committee on irrigation. The convention stood in recess until two o'clock D. m. AFTERNOON SESSION. The convention reassembled at two o'clock p. m. The president in the chair. Mr. Baxter of Committee No. 1, in accordance with the request of the convention, reported back the resolution offered by Mr. Jeffrey. On motion the resolution was referred to Committee No. 20. Mr. Organ of Committee No. 20 made the following re- pert. Cheyenne, Sept, 11, 1889. Mr. President: Yoar Committee No. 20, to whom was referred the resolu- tion of Mr. Jeffrey, concerning the adoption of the constitu- tion of the United States by this convention, beg leav* to report that we return said resolution to the convention togeth- er with a substitute therefor, and that we recommend the adoption of the substitute. Bespectfully, C. P. OBGAN, Acting Chairman. The convention stood in recess until three o'clock. On reassembling, by general consent, the report of Com- mittee No. 20 in relation to the resolution adopting the con- stitution of the United States, was placed first on the gen- eral file. Mr. Palmer, of Committee No. 18, made a report which was ordered printed. Committee No. 6 obtained leave to sit during the present session of the convention. 4.3 CONSTITUTIONAL CONVENTION v On motion of Mr. Potter the convention went into com- mittee of the whole. Mr. Organ in the chair. When the committee arose it made the following report : Mr. President: Your committee of the whole having had under consider ation the general file, beg leave to report with the following recommendations : That the substitute resolution submitted by Committee No. 20, in relation to the adoption of the constitution of the United States be adopted. That File No. 58 be amended as follows: Amend Sec. 1 by striking out all after the word "class" in the fifth line. Amend Sec. 2 of said file by striking out the words "accord- ing to law" and inserting in lieu of the words "in the manner and under such regulations as may pe prescribed by law." Amend Sec. 3 by adding "except in the event that money so raised shall not be required or needed for the purpose for which the same was raised." Amend by adding Sec. 5. Municipal corporations shall have the same right as in- dividuals to acquire rights by prior appropriation and other- wise to the use of water for domestic and municipal 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 nfay be necessary for the well being thereof, and for domestic uses. A ud that as amended, File No. 58, be embodied in the con- stitution. C. P. ORGAN, Chairman. On motion the report of the committee of the whole was received and placed on file. The convention ordered final reading of the resolution adopt- ing the constitution of the United States. The yeas and nays on the adoption of the resolution, re- sulted as follows: Yeas, Messrs. Barrow, Elliott, 1 iaxter, Ferris, Biirdiek, Foole, Burritt, Fox, Campbell, Frank, Casebeer, Grant, Chaplin, Hay, Coffeen, Harvey, Conaway, If olden. JOURNAL. 49 - Hoyt, Potter, Irvine, Preston, Jeffrey, Eeid, Jones, Richards, Johnston, Iliner, Menough, Russell, Morgan, Scott, Morris, Smith, McCandlish, Sutherland, Organ, Teschetiuicher, Palmer, Mr. President 40. Nays None. Absent Messrs. Baldwin, Butler, Clark, Downey, Hop- kins, Knight, Me Gill, Nicker son, Vagner 9. Thereupon the president announced that the convention had passed the resolution adopting the constitution of the United States. On motion of Mr, Burritt the further consideration of File No. 58 was postponed until the next session. Committee No. 5 by general consent made the following report : Cheyenne, Wyo., Sept. 11, 1889. Mr. President: Your Committee No. 5 having had .under consideration files numbered 16, 25, 29, 32, 39 and 47, return the same with an article entitled "Suffrage" containing such portions of said files as your committee deem desirable, which article we recommend as a substitute to be incorporated in the consti- tution. Also, having had under consideration File No. 49, return the same herewith without our approval. On motion of Mr. Jeffrey the report w T as accepted and ordered printed. On motion of Mr. Organ the convention adjourned till ten o'clock Sept, 12th. M. C. BROWN, President Convention. Attest: JOHN K. JEFFREY, Secretary. TENTH DAY. HALL OF THE CONSTITUTIONAL CONVENTION, CAPFIOL BUILDING, Cheyenne, Wyo., Sept. 12, 1889. The convention was called to order at teji o'clock a. m. Mr. President in the chair. 4 ^o CONSTITUTIONAL CONVENTION. * Prayer by the chaplain. Roll call : 30 members present, absent members heretofore excused by the convention. Journal of previous session read and approved. The president announced that owing to the absence of Mr. Thos. H. Moore of Crook county, he had appointed in his place on Committee No. 2, Mr. Frank of Crook county, and on Com- mittee No. 3, Mr. Eichards of Converse. Mr. Organ was excused for the day. Mr. Baxter moved a suspension of the rules for the pur- pose of electing an enrolling and engrossing clerk. The rules were suspended. On motion of Mr. Baxter the convention proceeded to the election of an enrolling and engrossing clerk, upon the same terms and conditions as governed the election of the assistant scretaries. Mr. Baxter nominated for the position Mrs F.Olleroiishavv. There being no other nominations, Mrs. Ollerenshaw, on motion wjs declared elected engrossing and enrolling clerk by acclamation. On motion of Mr. Frank, Mr. Scott of Crook, was excused from attendance for ten days. PROPOSITIONS. The following propositions were read first tune and re- ferred : File No. 66. By Mr. Eeid. "Concerning Chinese Labor." Referred to Committee No. 10. File No. 67. By Mr. Harvey. "Ordinances." Referred to Committee No. 20. FINAL READING. File No. 58 with amendments recommended by the com- mittee of the w r hole, w;is taken up on final reading. The amendments recommended by the committee to sec- tions 1 and 2, were, on motion, adopted. Mr. Potter moved to amend the amendment recommended to Section 3 by substituting in its stead the w r ords "except by authority of law." Agreed to. The substitute amending Section 3 was then adopted. The amendment adding Section 5 was adopted. On motion of Mr. Burritt, Section 3 of File No. 58, was further amended by striking out all after the Avord "law" in the fifth line. Mr. Campbell moved the previous question; sustained by five members. JOURNAL. 5I The convention then ordered the final reading of File No. 58 as amended. Mr. Potter moved the final reading and adoption of the proposition in File No. 58, by sections. Motion declared out of order. Mr. Potter appealed from the decision of the chair. The decision of the chair was sustained by a rising vote. The yeas and nays on the adoption of File No. 58 resulted .as follows: Yeas, Messrs. Baldwin, Irvine, Barrow, Jeffrey, Baxter, Johnston, Burdick, Menough, Campbell, Morris, Chaplin, Nickerson, Conaway, Potter, Elliott, Preston, Ferris, Eeid, Foote, Richards, Tox, Riner, Frank, Russell, Hay, Smith, Harvey, Teschemacher, If olden, Mr. President 30. Nays Messrs. Burritt, Casebeer, Coffeen, Grant, Jones, Morgan, McGandlish, Palmer, Sutherland 9. Absent Messrs. Butler, Clark, Downey, Hopkins, Hoyt, Knight, McGill, Organ, Scott, Vagner 10. Thereupon the president announced that the convention had adopted the proposition in File No. 58, as amended, to be embodied in the constitution. Mr. Teschemacher moved to reconsider the vote by which File No. 58 was adopted. The yeas and nays on the question to reconsider resulted as follows: Ayes Messrs. Baldwin, Barrow, Burdick, Burritt, Case- ' beer, Coffeen, Conaway, Ferris, Grant, Irvine, Jones, Morgan, McCandlish, Palmer, Richards, Russell, Sutherland, Tesche- macher 1 8. Nays Messrs. Baxter, Campbell, Chaplin, Elliott, Foote, Fox, Frank, Hay, Harvey, Holden, Jeffrey, Johnston, Menougb, Morris, Nickerson, Potter, Preston, Reid, Riner, Smith, Mr. President 21. Absent Messrs. Butler, Clark, Downey, Hopkins, Hoyt, Knight, McGill, Organ, Scott, Vagner 10. Thereupon the president announced that the convention had refused to reconsider the vote by which the proposition in File No. 58 had been adopted. 2 2 CONSTITUTIONAL CONVENTION. On motion of Mr. Riner the convention stood in recess until 2:30 o'clock p. m. AFTERNOON SESSION. The convention reassembled at 2:30 o'clock p. m. The president in the chair. File No. 58, and the resolution adopting the constitution of the United States, were referred to the committee on revision. Mr. Potter gave the following notice: Cheyenne, Sept. 12, 1889, Mr. President: T hereby give notice that on to-morrow or some subsequent day, I shall offer an amendment to the rules of the conven- tion by adding to section 55 "When any proposition which is before the convention for final adoption consists of several sections, any member shall have the right to demand that a particular section shall be submitted to the convention and voted on separately. C. N. POTTER. On motion of Mr. Baxter the convention went into com- mittee of the whole for the consideration of the general file, . Mr. Smith in the chair. When the committee arose it submitted the following re- port: Cheyenne, Sept. 12, 1889. Mr. President: Your committee of the whole having had under consider- ation the general file, beg leave to report with the following recommendations : That File No. 57 be amended as follows: Amend Sec. 1 by striking out the words "not heretofore appropriated" in the second line of said section, and by in- serting in the third line between the words "to" and "appro- priation" the words "prior or future." That amendment offered by Mr. Fox be referred to the committee on irrigation. That File No. 57 as amended be re-referred to Coifunittee No. 8. That substitutes for Files 19 and 22 submitted by Com- mittee No. 12, be amended in Sec. 2 by striking out the words "an equal or greater" and inserting in lieu thereof the words "at least three millions of dollars of assessable." And your committee not having finished the consideration of said file reports progress and asks leave to sit again. G. C. SMITH, Chairman. JOURNAL. 53 On motion the report of the committee of the whole re- lating to File No. 57 was adopted, and said file re-referred to Committee No. 8. The convention then adjourned until 10 o'clock a. m. Sept. 13th. M. C. BROWN, Pres. Con. Attest: JOHN K. JEFFREY, Secretary Const. Con. ELEVENTH DAY HALL OF CONSTITUTIONAL CONVENTION, \ CAPITOL BUILDING, > Cheyenne, Wyo., Sept. 13, 1889, ) The convention was called to order at ten o'clock a. m. Mr. President in the chair. Prayer by the chaplain. Koll call: 40 members present, absent members hereto- fore excused by the convention. Journal of previous session read and approved. The president submitted the following communication: Laramie, Wyoming, Sept. 10, 1889. Hon. M. C. Brown, President Wyoming Constitutional Convention, Cheyenne, Wyo. Dear Sir: I acknowledge the receipt of a communication from the secretary of the constitutional convention inform- ing me that toy a vote of that body I have been tendered the privilege of the floor. I thank the members for their courtesy. I am very respectfully, M. C. SAUFLEY. On motion of Mr. Campbell File; No. 68, by Committee No. 5, "Concerning Suffrage," was made the special order for Tues- day, Sept. 17. PROPOSITIONS. The following propositions were read first time and re- ferred : File No. 69. By Mr. McCandlish. "Concerning Trusts." Referred to Committee No. 14. File No. 70. By Mr. Jones. "Concerning Contracts of Employes, Etc." Referred to Committee No. 10. 54 CONSTITUTIONAL CONVENTION. File No. 71. By Mr. Baxter. "Railroads.'" Referred to Committee No. 14. File No. 72. By Mr. Baxter. "Corporations." Referred to Committee No. 13. File No. 73. By Mr. Barrow. "Legislative Apportionment." Referred to Committee No. 6. File No. 74. By Mr. Hay. "Legislative Apportionment." Referred to Committee No. 6 and ordered printed. File No. 75. By Mr. Grant. "State Boundaries." Referred to Committee No. 6. Mr. Baxter gave the following notice : Mr. President: I hereby give notice that on to-morrow or some subsequent day I shall move to amend rules numbered 18 and 19 O. W. BAXTER, REPORTS OF STANDING COMMITTEES. Committee No. 12 reported as follows: Cheyenne, Wyo., Sept. 12, 1889. Mr. President: Your Committee No. 12, having under consideration File No. 48, return the same without our approval. The substance of this file has been already considered by your committe and a substitute reported. CHAR. H. BITRRITT, Chairman. On motion the report was adopted and File No. 48 was in- definitely postponed. Committee No. 6 made a report submitting a substitute for File No. 1.4. The report and substitute were placed on general file. Committee No. 10 reported adversely on Files No. 17 and 40, submitting a substitute for the same. Ordered printed. On motion of Mr. Jeffrey the convention went into commit- tee of the whole. Mr. Riner in the chair. When the committe arose it reported as follows: Cheyenne, Sept. 13, 1889 1 . Mr. President: Your committee of the whole having had under considera- tion the general file, beg leave to report with the following rec- ommendations: That substitutes for Files Nos. 19 and 22 be further amend- ed toy adding to Sec. 2 the following: "No county shall be di- vided unless a majority of the qualified electors of the territory JOURNAL. 55 proposed to be cut off, voting on the proposition, shall vote in favor of the division." That the following be substitute for sections 4, 5 and 6 of the majority report and for section 4 of the minority report: Sec. 4. The legislative assembly shall provide by general law for a system of township organizaton and government, which may be adopted by any county whenever a majority of the citizens thereof voting at a general election shall so de- termine. That Sec. 7 be re-numbered Sec. 5, and that the words "and township" be stricken from said section. That substitute for files numbered 19 and 22 as amended, Jbe incorporated in the constitution. And your committee respectfully reports progress and asks leave to sit again. J. A. RINER, Chairman. On motion of Mr. Potter, the report of the committee of the whole was adopted. Mr. Teschemacher of the committee on revision, reported File No. 58 properly engrossed. On motion File No. 58 was re-referred to the committee on revision to be embodied in the constitution. Messrs. Frank and Russell were excused from attendance from day to day until their return. Messrs. Baxter and Baldwin were excused from attendance to-morrow. The convention then stood in recess until two o'clock p. m. AFTERNOON SESSION. The convention re-assembled at two o'clock p. m. Mr. President in the chair. On motion substitute for Files No. 19 and 22 was ordered engrossed. On motion of Mr. .leffrey, the convention went into com- mittee of the whole. Mr. Conaway in the chair. When the committee arose it reported as follows: Cheyenne, Sept. 13, 1889. Mr. President: Your committee of the whole having had under consid- eration the general file, beg leave to report with the follow- ing recommendations: That File No. 46, substitute for File No. 13 arid substitute for File No. 14, be adopted. A. B. CONAWAY, Chairman. 56 CONSTITUTIONAL CONVENTION. On motion the report was adopted. Mr. Potter moved that the original files be considered en- grossed copies. So ordered. FINAL READINGS. The convention ordered the final reading of File No. 4G, substitute for File No. 13 and substitute for File No. 14. The yeas and nays on the adoption of File No. 46, resulted as follows: Yeas Messrs. Barrow, Irvine, Baxter, Jeffrey, Bur dick, Johnston, Casebeer, Jones, Chaplin, Morgan, Clark, Morris, Coffeeii, McCandlish, Conaway, Nickerson, Elliott, Potter, Ferris. Preston, Foote, Eeid, Fox, Kichards, Grant, Riner, Hay, . Smith, Harvey, Teschemacher, Holden, Mr. President 33. Hoyt, Nays none. Absent Messrs. Baldwin, Butler, Burritt, Campbell Dow- ney, Frank, Hopkins, Knight, Menough, McGill, Organ, Palmer, Russell, Scott, Sutherland, Vagner. 16. The president thereupon announced that the convention had adopted the proposition in File No. 46. Substitute for File No. 1.3 having been finally read the yeas and nays on its adoption resulted as follows: Yeas Messrs. Barrow, Hay, Baxter, Harvey, Burdick, Holden, Casebeer, Hoyt, Chaplin, Irvine, Clark, . Jeffrey, Coffeen, Johnston, Coiiaway, Jones, Elliott, Morgan, Ferris, Morris, Foote, McCandlish, Fox, Nickerson, Grant, Potter, JOURNAL 57 Preston, Smith, Reid, Sutherland, Ri chards, Teschemacher, Einer, Mr. President. 34. Nays none. Absent Messrs. Baldwin, Butler, Burritt, Campbell, Dow- ney, Frank, Hopkins, Knight, Menough, McGill, Organ, Palmer, Russell, Scott, Vaguer. 15. Thereupon the president announced that the convention had adopted the proposition in substitution for File No. 13. Substitute for File No. 14, having been finallv read, the .yeas and nays on its adoption resulted as follows: Yeas Messrs. Barrow, Fox, Baxter, Grant, Burdick, Hay, Burritt, Harvey, Casebeer, Hoi den, Chaplin, Hoyt, Coffeen, Irvine, Conaway, Jeffrey, Elliott, Johnston, Ferris, Jones, Foote, Morgan, Morris, Richards, McCandlish, Riner, Nickerson, Smith, Potter, Sutherland, Preston, Teschemacher, Reid, . Mr. President. 34. Nays none. Absent Messrs. Baldwin, Butler, Burritt, Campbell. Dow- ney, Frank, Hopkins, Knight, Menough, McO-ill, Organ, Palmer, Ilussell, Scott, Vagner. 15. The president thereupon announced that the convention had adopted the proposition in substitute for File No. 14. On motion the foregoing three propositions adopted by the convention were referred to Committee No. 19. The convention excused Mr. Clark until his return next week. On motion the convention adjourned until ten o'clock a. m. Sept. 14th. M. C. BROWN, President. Attest: JOHN K. JEFFREY, Secretary Const. Con. 58 CONSTITUTIONAL CONVENTION. TWELFTH DAY. HALT, OF THE CONSTITUTIONAL CONVENTION, V CAPITOL BUILDING, > Cheytnne, Wyo., Sept. 14, 1889. V The convention was called to order at ten o'clock a. m. Mr. President in the chair. Prayer by the chaplain. Roll call; 33 members present, absent members heretofore- excused by the convention. Journal of previous session read and approved. The convention excused Messrs. Menough and Palmer from attendance until their return next week. PROPOSITION. The following propositions were read first time and re- ferred : File No. 77. By Mr. Hay. "'Concerning a State Examiner." Laid on the table. File No. 78. By Mr. Hay. "Concerning Live Stock." Referred to Committee No. 10. File No. 79. By Mr. Hay. "Concerning Rights of the People." Referred to Committee No. 1. Committee No. 2 reported as follows: REPORTS OF STANDING COMMITTEES. Cheyenne, Sept. 14, 1889. President Wyoming Constitutional Convention: Sir: Your Committee No. 2, to which were referred Files No. 2, 30, 43 and 62, report the same back with a recommenda- tion that they be not adopted. Your committee also present herewith a majority and minority report of matter proposed to be incorporated in the constitution. E. S. N. MORGAN, Chairman. H. S. ELLIOTT, Secretary. On motion the report was accepted and the propositions as recommended by the majority and minority reports ordered! printed. Committee No. 1.6 made the following report: Cheyenne, Sept. 14, 18891 Mr. President: Your committee No. 16, to whom were referred Files No.. 36-9, have had the same under consideration and refer them* JOURNAL. 59 back to the convention and offer herewith a substitute Cheyenne, Wyo., Sept. 17, 1889. ) The convention was called to order at 10 o'clock a. m. Mr. President in the chair. Roll call; forty members present; absent members hereto- fore excused by the convention. JOURNAx. 63 Journal of previous session read and approved. REPORT OF STANDING COMMITTEES. Committee No. 5 presented a supplementary report on File Itfo. 68, which report was ordered to be placed on general file with File No. 68. Committee No. 10 reported adversely on File No. 78, and submitted a substitute for the same. Substitute placed on gen- eral file. On motion of Mr. Teschemacher the convention went into committee of the whole for the consideration of the special or- -der of the day, being File No. 68, and the amendments thereto submitted by Committee No. 5. Mr. Morgan in the chair. When the convention arose it reported progress and asked leave to sit again. Mr. Einer moved a call of the house. Sustained by the con- vention. The president ordered the sergeant- at-arms to close the doors. The roll being called, fifteen members were absent. The sergeant-at-arms was instructed to find the absentees. On motion of Mr. Riner further proceedings under call of the house were dispensed with. The convention, on motion, again resolved itself into a com- mittee of the whole. Mr. Burritt in the chair. On arising the committee reported progress and asked leave to sit again. The president submitted the following communication from liis excellency, the governor of the territory: EXECUTIVE DEPARTMENT, Cheyenne, Wyo., Sept. 16, 1889. Honorable President Constitutional Convention, Cheyenne, Wyoming. Sir: Some time last year an Inter-State Deep Harbor Con- vention was h eld at Denver, Colo., and was largely attended by delegates from the southwest and western states and territo- ries. A convention has now been called by his excellency, Ly- man U. Humphrey, governor of Kansas, to meet at Topeka, Oct. 1st next. The appointment provides for four delegates from each congressional district, one of whom shall be the memjber or delegate in congress. Under this apportionment Wyoming is entitled, in addition to the delegate in congress, to three mem- bers, to be appointed by the governor. I have the honor to suggest that the constitutional conven- tion may, through its president or proper committee, present to this office the names of three or more persons from different 6 4 CONSTITUTIONAL. CONVENTION localities of the territory if possible, who will attend the Deep Harbor Convention in the interests of Wyoming territory. It is believed the subject is one of great importance and I trust may receive your co-operation and advice. I will take pleasure in appointing such nominees as you may suggest. Respectfully, FRANCIS E. WARREN, Governor. Thereupon the convention stood in recess until 1:45 o'clock p. m. AFTERNOON SESSION. The convention reassembled at 1:45 o'clock p. m. Mr. President in the chair. On motion of Mr. Baxter an invitation was extended to the United States senate committee on arid lands and irrigation to meet this convention at 9 o'clock tomorrow morning. The convention thereupon adjourned until 9 o'clock a. m. Sept. 18th. M. C. BROWN, President. Attest: J. K. JEFFREY, Secretary. FIFTEENTH DAY HALL OF THE CONSTITUTIONAL CONVENTION, v CAPITOL BUILDING, > Cheyenne, Wyo., Sept 18, 1889. > The convention reassembled at 9 o'clock a. m. Mr. President in the chair. Prayer by the chaplain. Roll call; no quorum present. On motion of Mr. Elliott a call of the house was ordered. The roll being called, twenty-two members were present. The president ordered the closing of the doors, and directed the sergeant-at-arms to Bequest the attendance of absent mem- bers. A quorum being present, on motion of Mr. Teschmacher fur- ther proceedings under the call of the house were dispensed with. The journal of the previous session was read and ap- proved . The president announced that owing to the absence of Mr.. Downey he had appointed Mr. Hoyt to act temporarily as- JOURNAL. 65 member of the committees Nos. 1 and 20; also that United States Senator Stewart had been requested by the special com- mittee to address this convention, and that the senator had ex- pressed a willingness to do so at 7:30 this evening. REPORTS OF STANDING COMMITTEES. Committee No. 11 submitted the following report: Cheyenne, Sept. 17, 1889. Mr. President: Your Committee No. 11, to which was referred Files No. 7, 26, 27, 41 , 54 and 55, report the same back with the recommen- diition that they be not adopted. Your committee further pre- sent a substitute for the above files, which they propose to be incorpora ted in the constitution. M. N. GRANT, Chairman. H. S. ELLIOTT, Secretary. D. A. PRESTON, H. F. MENOUGH, H. A. COFFEEN, HENRY G. HAY, DeFORREST RICHARDS. (Except as to Sections 2, 3, 4, 5, 10 and 14). (Except as to Sections 2, 3, 4, 5, 10 and 14 in article on revenue). On motion the substitute submitted by Committee No. 11 was ordered printed. On motion of Mr. Morgan it wasresolved that this conven- tion hereafter meet in evening session at 7:30 o'clock, and that the morning session commence at 9 o'clock. On motion of Mr. Teschemacher the convention resolved itself into a committe of the whole for the consideration of the itself into a committe of the whole for the consideration of the general file. Mr. Coffeen in the chair. When the committee arose it submitted the following re- port: Cheyenne, Sept. 18, 1889. Mr. President: Your committee of the whole to whom was referred File No. 68, with the amendments thereto, submitted by Committee No. 5, beg leave to report with the following recommendations: That the substitute for section 1 recommended by Commit- tee No. 5 be adopted. That section 2 be amended by: 1st. By striking out the words "six months" and by in- serting in lieu thereof the words "''one year." 2d. P.y adding the words "except as herein otherwise pro- vided." 5 66 CONSTITUTIONAL CONVENTION. 3d. Bv inserting the words "or Territory" after the word "State." That Sec. 5 be amended by striking out the word "full" in said section. That a new section be added to be known as Sec. 10. Noth- ing herein contained 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 restric- tions of section 6 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. That Sec. 10 be renumbered Sec. 11. That the following new section ,be added as Sec. 12: Sec. 12. No person qualified to be an elector of the state of Wyoming shall be allowed to vote at any general or special election hereafter to be holden in the state until he or she shall have registered as a voter according to law. The legislature of the state shall enact such laws as will carry into effect the provisions of this section, which enact- ment shall be subject to amendment but shall never be re- pealed, but this section shall not apply to the first election held under this constitution. And that said File No. 68, as thus amended, be adopted. Your committee has also duly considered the propositions in the general file and submit the following recommendations: That substitute for File No. 78 be adopted. That File No. 70 be adopted. That substitute for Files No. 17 and 40 be referred back to Committee No. 10. H. A. COFFEEN, Chairman. On motion of Mr. Kiner the report of the committee of the whole was adopted. File No. 68, substitute for File No. 78 and File No. 70 were ordered to be engrossed. On motion of Mr. Teschemacher, the president was request- ed to escort U. S. Senator Stewart to the hall of the conven- tion this evening. The convention thereupon stood in recess until two o'clock p. m. AFTERNOON SESSION. The convention re-assembled at two o'clock p. m. Mr. President in the chair. On motion of Mr. Burritt the convention resolved itself into committee of the whole. Mr. Holden in the chair. JOURNAL. 67 Upon arising the committee made the following report: Mr. President: Your committee of the whole having had under consider- ation the general file Jbeg leave to report with the following recommendation : That File No. 66 be referred back to Committee No. 10. And your committee reports progress and asks leave to sit again. C. W. HOLDEN, Chairman. On motion of Mr. Jeffrey the report was adopted. The convention thereupon stood in recess until 7:30 o'clock p. m. EVENING S The convention re-assembled at 7:30 o'clock p. m. Mr. President in the chair. By general consent Mr. Ho3^t, of Committee No. 7, made the following 1 report: Mr. President: Your Committee No. 7 herewith return File No. 59, with- out approval; also Files No. 8 and 28 which have been incor- porated in a substitute, together with other provisions, and recommend that the substitute be adopted. JOHN W. HOYT, A. B. CONWAY, C. N. POTTER, E. S. N. MORGAN. September 18th 1889. On motion the substitute submitted by Committee No. 7 was ordered printed. The president introduced to the convention Hon. Wm. Stew- art, I'. S. Senator, from Nevada, and Major Powell, chief of the U. S. Geological Survey, who addressed the convention. Mr. Morgan thereupon offered the following resolution which was adopted by a unanimous vote: Resolved, Thai this convention most heartily, thank Sena- tor Stewart and Major Powell for their able and instructive address this evening; and that we will ever gratefully remem- ber them as true friends of Wyoming. On motion of Mr. Fox the convention adjourned until 9 o'clock a. m. Sept. 19th. M. C. BROWN, President. Attest: JOHN K. JEFFREY, Secretary. 68 CONSTITUTIONAL CONVENTION. SIXTEENTH DAY HALL OF CONSTITUTIONAL CONVENTION, \ CAPITOL BUILDING, > Cheyenne, Wyo., Sept. 19, 1889, ) TJie eon vent ion was called to order at nine o r clock a. in. Mr. President in the chair. Prayer by the chaplain Roll call; 40 members present; absent members heretofore excused by the convention. Journal of the previous session read and approved. PROPOSITIONS. The following propositions were read first time and re- ferred : File No. 81. By Mr. Hoyt. "Declaration of Eights." Referred to Committee No. 1. File No. 82. By Mr. Palmer. "Police Powers." Referred to Committee No. 10, Committee No. 19 reported as follows: Cheyenne, Sept. 19, 1889. Committee No. 19 herewith return Files No. 68 and 70, and substitute for File No. 78, as properly engrossed. H. E. TESCHEMACHER, Chairman. The president submitted a communication from Mr. Posey S. Wilson relative to the naming of the new state; referred to Committee No. 6. Committee No. 8 reported as follows: Cheyenne, September 19, 18S9. Mr. President: Your committee No. 8 having had under consideration Files No. 35 and 57 report that they have agreed upon a substitute and return the same herewith and recommend that it be in- corporated in the constitution. J. A. JOHNSTON, Chairman. On motion the substitute submited by Committee No. 8 was placed on the general file. The president presented the following communication: Rawlins, Wyoming, Sept. 16, 1889. Hon. M. C. Brown, Cheyenne, Wyo. Dear Sir: I regret to have to inform you that business matters, over which I have no control r compel me to leave JOURNAL. 69 this morning for the north instead of Cheyenne, as anticipated. I can assure von it has been no trifling matter thai h;is kept me absent from the constitutional convention. Wishing you great success, and again apologizing for my inability to attend, I am, Yours truly, J. C. DAVIS. FINAL READING. File Xo, OS being taken up for final reading Mr. Clark sub- mitted the following amendment to Sec. 5: "Add to said sec- tion: "or si tall have legally declared within this Territory his intention to become such at least one year prior to the elec- tion at which said seeks to cast his vote." The amendment was lost. Mr. Clark moved an amendment to Sec. 5. Add to said sec- tion: "or shall have legally declared within this territory his intention to become such at least one year prior to the elec- tion at which said elector seeks to cast his vote.'' The amendment was lost. Mr. Clark moved to amend by striking out Section 9. The yeas and nays were called for and sustained by the convention on this amendment, and resulted as follows: Yeas Messrs. Baldwin, Baxter, Campbell, Casebeer, Clark, Conaway, Irvine, Jones, Menough, Morgan, Potter, Preston, Riner, Russell, Vaguer. 15. Nays Messrs. Barrow, Burdick, Burritt, Butler, Chaplin, CoiTeen, Elliott, Foote, Fox, Grant, Hay, Harvey, Holden, Hop- kins, Hoyt, Jeffrey, Johnston, Morris, McCandlish, Mckerson, Palmer, Reid, Richards, Smith, Teschemacher, Mr. President. 26. Ajbsent Messrs. Downey, Ferris, Frank, Knight, McGill, Organ, Scott, Sutherland. 8. Thereupon the president announced that the convention had refused to strike out section 9. Mr. Riner moved to amend by striking out section 10. The yeas and nays on this amendment were called for and sustained by the convention, resulting as follows: Yeas Messrs. Elliott, Fox, Menough, Preston, Riner. 5. Nays: Messrs. Baldwin, Barrow, Baxter, Burdick, Burritt, Butler, Campbell, Casebeer, Chaplin, Clark, Conaway, Foote, Grant, Hay, Harvey, Holden, Hopkins, Hoyt, Irvine, Jeffrey, Johnson, Jones, Morsran, Morris, McCandlish, Mckerson, Pal- mer, Potter, Reid, Richards, Russeel, Smith, Teschemacher, Vaguer, Mr. President, Coffeen 30. Absent: Messrs. Downey, Ferris, Frank, Knight, McGill, Organ, Scott, Sutherland 8. The president thereupon announced that the convention had refused to strike out Sec. 10. yb CONSTITUTIONAL CONVENTION. Mr. Holden moved to amend Sec. 9 by striking out the last sentence of said section. The motion prevailed, and File No. 08 was amended by striking out the last sentence of Section 9. Mr. Smith, moved to amend by striking out Section 9 as amended. The yeas and nays were called for on this amendment and sustained by the convention, resulting as follows: Yeas: Messrs. Campbell, Casebeer, Clark, Conaway, Foot, Irvine, Jones, Menough, Morgan, Potter, Preston, Riner, Rus- sell, Smith, Vaguer 15. Nays: Messrs. Baldwin, Barrow, Baxter, Burdick, Burritt, Butler', Chaplin, Coffeen, Elliott, Fox, Grant, Hay, Harvey, Hol- den, Hopkins, Hoyt, Jeffrey, Johnston, Morris, McCandlish, Niekerson, Palmer, Reid, Richards, Tescliemacher, Mr. Pres- ident 2(>. Absent: Messrs. Downey, Ferris, Frank, Knight, McGill, Organ, .Scott, Sutherland 8. Thereupon the president announced that the convention had refused to strike out Sec. 9 as amended. Mr. Campbell moved a reconsideration of the vote by w T hich the last section of Sec. 9 had be< k n stricken out. The convention by a rising vote decided not to reconsider said vote. Mr. Potter moved the following amendment to Sec. 12: Add after the word "law" inthe seventh line of said section the following: "unless the failure to register is caused by sick- ness or absence, for which provision shall be made by law. The amendment prevailed. File No. 68 as amended was then ordered to a final read- ing. The yens and navs on the adoption of the proposition in File No. 0$ as amended resulted as follows: Yeas: Messrs. Barrow, Baxter, Burdick. Burritt, Butler Campbell. Chaplin, Coffeen. Elliott, Foot. Fox. Grant, Hay, Harvey. Holden. Hopkins, Hovt, Irvine.Jeffrey, Johnston. Mor- gan. Morris. McCandlish, Nickerson, Palmer, Potter, Reid, Sutherland. Teschemneher, Mr. President 30. Nays: Messrs. Baldwin, Casebeer, Clark, Conaway, Jones, Menonch, Preston, Richards, Riner, Russell, Smith, Vag- ner 12. Absent: Messrs. Downey, Ferris, Frank, Knight, McGill, Organ, Scott 7. The president thereupon announced that the convention had adopted the proposition in File No. 08 as amended, as a part of the Constitution of the State of Wyoming. File No. 70 was then ordered to a final reading, and pend- ing the question, the convention stood in recess until 7:30 o'clock p. m. JOURNAL. 71 EVENING SESSION. The convention re-assembled at 7:30 o'clock p. m. Mr. President in the chair. By general consent Mr. Richards presented File No. 83, "relating to salaries of public officers." Keferred to Commit- tee No. 15. FINAL READING. File No. 70 having been finally read was adopted by the following 1 vote: Yeas: Messrs. Baldwin, Barrow, Baxter, Burdick, Burritt, Campbell, Casebeer, Chaplin, Clark, Coffeen, Conaway, Elli- ott, Foot, Fox, Grant, Hay, Harvey, Holden, Hopkins, Hoyt, Jeffrey, Johnston, Jones, Knight, Menough, Morgan, Morris, Nickerson, Palmer, Reid, Richards, Riner, Russell, Smith, Sutherland, Teschemacher, Vagner, Mr. President 38. Nays: None. Absent: Messrs. Butler, Downey, Ferriss, Frank, Irvine, McCandlish, McGill, Organ, Potter, Preston, Scott 11. The president thereupon announced that the convention had adopted the proposition in File No. 70 to be embodied in the constitution. By general consent Committee No. 13 submitted the follow- ing report: September 19, 1889. To the President of the Convention: We, your Committee No. 13, on corporations, beg leave to report that we have examined Files No. 11, 38, 42 and 72, re- ferred to our committee, and return herewith the same with a general substitute therefor and recommend the adoption of the same, with the statement that F. M. Foot and C. W. Bur- dick, members of this eornTriitt.ee, withhold their approval of Sec. No. 8. and ( '. N. Potter withholds his approval of Sees, 5, 8 and 12. Respectfully Submitted, H. A. COFFEEN, F. M. FOOTE, I C. W. BURDICK, JNO. L. RUSSELL, GEORGE W. BAXTER. On motion of Mr. Riner the substitute for Files No. 11, 38, 42 and 72, submitted by Committee No. 13, was ordered printed. The final reading of File No. 78 having been ordered it was adopted by the following vote: Yeas: Messrs. Baldwin, Barrow, Baxter, Burdick, Burritt, Campbell, Casebeer, Chaplin, Coffeen, Conaway, Elliott, Foote, j 2 CONSTITUTIONAL CONVENTION. Fox, Grant, Hay, Harvey, Holden, Hopkins, Hoyt, Jeffrey, John- ston, Jones, Knight, M enough, Morgan, Morris, Nickerson, Pal- mer, "Reid, Richards, Riner, Russell, Smith, Sutherland, Tesche- macher. Vainer, Mr. President. 37. Nays none. Absent Messrs. Butler, Clark, Downey, Ferris, Frank, Ir- vine, McCandlish, Mcflill, Organ, Potter, Preston, Scott. 12. Thereupon the president announced that the convention had adopted the proposition in File No. 78 to be embodied in the constitution. On motion of Mr. Teschemacher the convention went into committee of the whole. Mr. Burritt in the chair. Upon arising the committee made the following report: Cheyenne, Sept. 19th, 1889. Mr. President: Your committee of the whole to whom was referred the general file, beg leave to report that the same has had due consideration and is returned with the following recommend- ations: That the first and second sections of the amendment to file No. 76 adopted in committee of whole, Sept. 18th, be referred to Committee No. 2, and that the remainder of File No. 76 be referred to Committee No. 6. And your committee reports progress in theconsi deration ol} substitute for Files No. 51 and 5(5, and asks leave to sit again. C. H. BURRITT, Chairman. Files No. 70 and 80 were referred to Committee No. 19. On motion the report of the committee of the whole w T as adopted. The convention then adjourned until 9 o'clock a. m., Sept. 2()th. M. C. BROWN, President, Attest: JOHN K. JEFFREY, Secretary. SEVENTEENTH DAY HALT. OF THE CONSTITUTIONAL CONVENTION, CAPITOL BUILDING, Cheyenne, Wyo., Sept. 20, 1889. The convention was called to order at nine o'clock a. m. Mr. President in the chair. Prayer by the chaplain. JOURNAL 73 Roll call; 38 members present. Absent members heretofore excused by the convention. Joiirnjil of previous session read and approved. On motion of Mr. Elliott the communication of His Excel- lency, Governor F. E. Warren, relating to the Inter State Deep Harbor convention to be hoi den at Topeka, Kan., Oct. 1st, was referred to Committee No. 10, with the request for an imme- diate report. REPORTS OF STANDING COMMITTEES. Committee No. 1.0 made the following reports: Cheyenne, Sept. 19th, 1889. Mr. President: Your Committee No. 10, to whom was referred File No. 82, beg leave to report that the same has been duly considered and is herewith returned with the recommendation that the proposition be adopted. THOS. R. REID, Acting Chairman. Mr. President: Your committee No. 10, to whom was re-referred File No. 66, report that they have complied with the suggestion of your convention, and return said file herewith. THOS. R. REID, Acting Chairman. On motion Files No. 66 and 82 reported back by Committee No. 10 were referred to the general file. By general consent Committee No. 10 submitted File No. 8-1, concerning "Boards of Arbitration;" ordered printed. By general consent the following named gentlemen were excused: Mr. Richards, from day to day until his return. Mr. Butler, for today and tomorrow, and Messrs. Organ and Riner for to- day's session. On motion of Mr. Burritt substitute for Files No. 35 and 57 was made the special order for to-morrow. Mr. Baxter moved that the convention resolve itself into committee of the whole. So ordered. Mr. Teschemacher in the chair. On arising the committee reported as follows: Cheyenne, Sept, 20, 1889. Mr. President: Your committee of the whole to whom was referred the general file beg leave to report with the following recommen- dations: That substitute for Files No. 51 and 56 be amended in Sec. P> by inserting in line 3 after the word "office" the words ""or his absence from the state."' Amend Sec. 13 in the fifth line by striking out the words "fifteen hundred" and inserting in lieu thereof the words "two thousand." 74 CONSTITUTIONAL CONVENTION; That the amendment submitting a new section, No. 16, be referred to Committee No. 4. That Sec. 11 be amended by adding the following: "The legislature may provide for such other state offi- cers as may be deemed necessary." And that substitute for Files No. 51 and 56 thus amended be adopted. That substitutes for Files No. 9 and 36 be amended as fol- lows: Strike out all of Sec. 2 after the words "United States" in the sixth line. Substitute the following for Sec. 4: "Xo military organization under the laws of the state shall carry any banner or flag representing any sect or society or the flag of any nationality but that of the United States. Amend Sec. 5 by inserting in first line after the word "chief" the words "of the military forces, of the state." And that substitute for Files No.9 and 36 thus amended be printed. H. E. TESCHEMACHER, Chairman. On motion the report of the committee was adopted. Mr. Potter moved that substitutes for Files No. 9 and 36 and substitute for Files No. 51 and 56 be engrossed. So or- dered. ' On motion of Mr. Hoyt, the thanks of the convention were were extended to the publishers of the Laramie Boomerang, Bill Barlow's Budget and Carbon County Journal for copies of their publications. On motion of Mr. Campbell File No. 50 Avas made the spec- ial order for this evening. The convention thereupon stood in recess until 7':30> o'clock T). in. EVENING SESSION. The convention reassembled at 7:30 o'clock p. m. Mr. President in the chair. On motion the convention resolved itself into committee of the whole for the consideration of the special order. Mr. Burritt in the chair. On arising the committee made the following report: Cheyenne, Sept. 20, 1889. Mr. President: Your committee of the whole, to w horn w as referred substitute for File No. 50, beg leave to report that the same has been duly considered and is returned with the following recommendations : JOURNAL. 75 Amend Sec. 1 ill the second line by inserting after "justice of the pence'* the words "courts of arbitration." Amend Sec. 4 by inserting in line 16 before the word "vacancy" the words "unexpired term occasioned by such." Insert the following as Sec. 6 and renumber the remain- ing sections accordingly. "Sec. 6. In case a judge of the supreme court shall be in .my way interested in a cause brought before said court the remaining judges of said court shall call one of the district judges to sit with them OTI the hearing of said cause. Amend Sec. 12 by inserting in line 2, before the word "appointed," the words "or in case of vacancy." Amend Sec. 12 by striking out the last sentence and in- serting in lieu thereof "and with such duties and compensation as may be prescribed by law." Amend Sec. 13 by striking out all of line eight and all after- the word "duties" in the seventh line, and inserting in lieu thereof the words "and receive such compensation as shall be prescribed by law." Amend Sec. 16 by striking out in the fourth and fifth lines the words "not, be less than twenty-five hundred dollars,'' and inserting in lieu thereof the words "be as may be pre- scribed by law." Amend Sec. 18 by inserting at the beginning of said section the words: "Until otherwise provided by law." Amend Sec. 22 by striking out the words "county court" in first line. That substitute for File No. 50, except the last section be- adopted, and the committee ofthe whole ask for further time in the consideration of the last section of said file. 0. H. BIJKRITT, Chairman. The report of the commit te of the whole was adopted, and substitute for File No. 50, excepting the last section, was orbered engrossed. , The convention threupon adjourned until 9 o'clock a. m. Sei)t, 21st, EIGHTEENTH DAY HALL OF THE CONSTITUTIONAL CONVENTION, CAPITOL BUILDING, Cheyenne, Wyo., Sept. 21, 1889. The convention was called to order at 9 o'clock a. m. Mr. President in the chair. Prayer by the chaplain. '7 6 CONSTITUTIONAL CONVENTION. Roll call; thirty-nine members present; absent members lieretofore excused by the convention. Journal of previous session read and approved. PROPOSITIONS. The following propositions were presented and referred: File No. 85. " By Mr. Jones. "Concerning- Labor.'' Ordered printed and referred to Committee No. 10. File -No. 86. By Committee No. 16. "Public Lands and Donations." Ordered printed. REPORTS OF STANDING COMMITTEES. 'Committee No. 16 submitted the following report: CONSTITUTIONAL CONVENTION, WYOMING, ) Cheyenne, Sept. 20, 1889. > Mr. 1 'resident : Your Committee No. 16 beg leave to report that they have had under consideration File No. 15, which was referred to this committee, and the same is returned without recom- mendation as the substance is embodied in the report here- Avith on public lands, which is recommended for adoption in the constitution. Signed, H. GL NICKERSON. Chairman, OEO. W. FOX, fi. F. MENOTTOH, C. P. ORGAN. On motion File No. 86, submitted by Committee No. 16, "concerning public lands and donations," was ordered printed. On motion of Mr. Johnson the convention went into com- mittee of the whole for the consideration of the special order. Substitute for Files No. 35 and 57. Mr. Irvine in the chair. On arising the committee made the following report: Cheyenne, Wyo., Sept. 21, ISSf). Mr. President: Your committee of the whole, to whom was referred substi- tue for Files No. 35 and 57, have had the same under consid- eration, and beg leave to report with the following recom- mendations: Amend Sec. 3 of said file by inserting after the word "ap- propriation" in the first line the words "for beneficial uses." Amend Sep. 3 in second line by inserting after the word "when" the words "such denial is." Strike ojit Sec. 6. JOURNAL. 77 And that, substitute for Files No. 35 and 57 be adopted as amended. W. C. IRVINE, Chairman. The report of the committee of the whole was adopted. Committee No. 19 reported substitute for Files No. 9 and 36, and substitute for Files No. 51 and 56 properly engrossed. On motion of Mr. Chaplin, the committee on revision was authorized to raise the several articles of the constitution as they are adopted by this convention. By unanimous consent Committee No. 6 was permitted to make a report, and said report was received.^ Pending the reading of the report of Committee No. 6 the convention stood in recess until 2 o'clock p. m. AFTERNOON SKSSION. The convention reassembled at 2 o'clock p. m. Mr. President in the chair. The report of Committee No. 6, as follows, was read: Mr. President: We, your committee on boundaries and apportionment, beg leave to submit the following sections as an apportionment article for the Constitution of the State of Wyoming and rec- ommend its adoption. File No. 76 is returned herewith. M. C. BARROW, Chairman, H. E. TESCHEMACHER, J. A. CASEBEER, E. J. MORRIS, F. M. FOOTE, Referred to the general file. By general consent Committee No. 9 made the following report : Mr. President: Your Committee No. 9 report the following and recom- mend its adoption . J. L. RUSSELL, H. G. NICKERSON, GEO. W. FOX, C. L. VAONER, T approve of the above report with the exception of Sec. 5. LOUIS J. PALMER. The proposition referred to in the foregoing report being File No. 87, "concerning coal mines," was then read first time, referred to Committee No. 10 and ordered printed. yS CONSTITUTIONAL CONVENTION. Committee No. 2 by general consent submitted the follow- ing report: Cheyenne, Sept. 21, 1889. Mr. President: Your Committee No. 2, to whom was referred Sees. 3 and 4 of File 1 No. 70 us amended, beg leave to submit majority and minority reports on said sections. E. S. N. MORGAN, Chairman. H. S. ELLIOTT, Secretary. Referred to the general file. Committee No. 6 submitted the following minority report: Cheyenne, Sept. 21st, 1889. Mr. President: A minority of your committee No. 6 beg leave; to report a substitute for section. 4 of the majority report and recommend the adoption of the same as a substitute for said section L Respectfully submitted, H."A. COFFEE X. J. M. McCANDLISil. Referred to general file. Substitute for Files No. 35 and 57 was ordered engrossed. By general consent Mr. Baldwin was excused from attend- ance from day to day until his return. FINAL READING. A substitute for Files No. 9 and 36 as amended having been finally read, the yeas and nays were ordered on its adoption, resulting as follows: Yeas Messi-s. Barrow, Baxter, Burdick, Burritt, Campbell, Casebeer, Chaplin, Clark, Coffeen, Conaway, Elliott, Fox, Grant, Harvey, Hopkins, Hoyt, Irvine, Jeffrey, Johnston, Jones, Mor- gan, Morris, McCandlish, Nickerson, Organ, Palmer, Potter, Preston, Reid, Riner, Russell, Sutherland, Teschemacher, Vag- ner, Mr. President. 35. Nays none. Absent Messrs. Baldwin, Butler, Downey, Ferris, Foote, Frank, Hay, Holden, Knight, Menough, McGill, Richards, Scott, Smith. 14. The president thereupon announced that the convention had adopted substitute for Files No. 9 and 36 to be incorpor- ated in the constitution. Substitute for Files No. 51 and 56 as amended having been finally read, the yeas and nays were ordered on its adoption, resulting as follows: Yeas Messrs. Barrow, Baxter, Burdick, Burritt, Campbell, Casebeer, Chaplin, Clark, Coffeen, Conaway, Elliott, Fox, Grant, Hay, Harvey, Hopkins, Hoyt, Irvine, Jeffrey, Johnston, Jones, Morgan, Morris, McCandlish, Nickerson, Organ, Palmer, Potter, JOURNAj 79 iPreston, Reid, Riner, Russell, Sutherland, Teschemacher, Vag- ;ner, Mr. President. 36. Nays none. Absent Messrs. Baldwin, Butler, Downey, Ferris, Foote, Frank, Holden, Knight, Menough, McGill, Richards, Scott, : Smith. 13. The president thereupon announced that the convention had adopted substitute for Files No. 51 and 56 to be incorporated in the constitution. On motion of Mr. Riner substitute for File No. 50 was con- sidered the engrossed copy recalled from the committee on en- grossment, and taken up for consideration and final reading. Mr. Potter offered the following amendment to Section 4: "Substitute the following: "Sec. 1. The Supreme Court shall consist of four justices, t.o be chosen in districts by the electors thereof, and their .term of office shall be six years. The number of justices -and dis- tricts may be increased but shall not exceed five until the pop- ulation of the state shall amount to one hundred and fifty thou- sand- and the boundaries of districts may be changed, but no change of district shall have the effect to remove a judge from ^office during the term for which he may have been elected or appointed, or require him to change his residence without his consent." The yeas and nays were called for on this amendment and sustained by the convention, and resulted as follows: Yeas: Messrs. Barrow, Casebeer, Chaplin, Coffeen, Elliott. Hay, Irvine, Jeffrey, Jones, Morgan, Moris, McCandlish, Nick- erson, Organ, Potter, Reid, Sutherland 17. Naves: Messrs. Baxter, Burdick, Burritt, Campbell, Clark, Conaway, Fox, Grant, Harvey, Holden, Hopkins, Hoyt, John- ston, Palmer, Preston, Riner, Russell, Smith, Teschemacher, Vagner, Mr. President 21. Absent: Messrs. Baldwin, Butler, Downey, Ferris, Foot, Frank, Knight, Menough, McGill, Richards, Scott 11. The president anounced that the convention had refused to adopt the amendment. Substitute for File No. 50 as amended having been finally read, the yeas and nays on its adoption resulted as follows: Yeas: Messrs. Barrow, Baxter, Burdick, Burritt, Campbell, Casebeer, Chaplin, Clark, Coffeen, Conaway, Elliott, Fox, Grant. Hay Harvejr, Holden, Hopkins, Hoyt, Irvine, Jeffrey, Johnston, Jones, Morgan, Morris, McCandlish, Nickerson, Organ, Palmer, Potter, Preston, Reid, Riner, Russell, Smith, Teschemacher, Vaguer, Mr. President 37. Nays: Mr. Sutherland 1. Absent: Messrs. Baldwin, Butler, Downey, Ferris, Foot, Frank, Knight, Menough, McGill, Richards, Scott 11. So CONSTITUTIONAL CONVENTION The president thereupon announced that the convention had adopted substitute for File 50 to be incorporated in the constitution. Substitute for File 50 was referred to Committee No. 19. Mr. Teschemacher of Committee No. 19 reported substitute for Files No. 35 and 57 properly engrossed. Mr. Chaplin of the committee on printing reported that Mr. E. A. Slack had indicated an unwillingness to continue the work of printing for this convention and suggested that the com- mittee be authorized to give the printing hereafter to the next lowest bidder. On motion the matter was referred to the committee on printing, with full power to act. The convention ordered the final reading of substitutes for Files No. 35 and 57 as amended. Mr. Coffeen moved to amend by striking out Sec. 3. Mr. Elliott moved an amendment to the amendment by ad- ding to Sec. 3 the following: "But priority of appropriation shall not be conclusive in determining the better right." Mr. Coffeen accepted the amendment. The convention by a rising vote refused to adopt the amend- ment. Mr. Fox moved to strike out Sec. 3. The convention refused to strike out Sec. 3. Substitute for Files No. 35 and 57 as amended having been finally read the yeas and nays on its adoption resulted as fol- lows: Yeas: Messrs. Barrow, Baxter, Burdick, Burritt, Campbell,. Casebeer, Chaplin, Clark, Coffeen, Conaway, Elliott, Fox, Grant, Hay, Harvey, Holden, Hopkins, Hoyt, Irvine, Jeffrey, Johnston, Jones, Morgan, Morris, Nickerson, Organ, Palmer, Potter, Pres- ton, Reid, Riner, Russell, Sutherland, Teschemacher, Vaguer. 35. Nays Messrs. Smith and Mr. President. 2. Absent Messrs. Baldwin, Butler, Downey, Ferris,. Foote, Frank, Knight, Menough, McCandlish, McGill, Richards. Scott. 12. Thereupon the president announced that the convention had adopted substitute for files No. 35 and 57 to be incorporated in the constitution. Substitute for files No. 35 and 57 was referred to Committee- No. 19. On motion of Mr. Hay the convention resolved itself into a committee of tin* whole for the consideration of the majority and minority reports of Committees No. 6 and 2 on File No. 7(L Mr. Campbell in the chair. On arising the committee reported as follows: JOURNAL. 8 1 Mr. President : Your committee of the whole to whom were referred the majority and minority reports of Committees No. 6 and 2 rela- tive to File No. 7P> beg leave to report that the same have been duly considered and they are returned with the recom- mendation that the majority report of Committee No. 6 on File No. 7G be adopted. And your committee reports progress and asks leave to sit Again. A. C. CAMPBELL, Chairman. On motion the report of the committee of the whole was adopted. The convention then adjourned until o'clock a. m. Sept. 23d. M. C. BROWN, President. Attest: JOHN K. JEFFREY, Secretary. NINETEENTH DAY. HALL OF THE CONSTITUTIONAL CONVENTION, CAPITOL BUILDING, Cheyenne, Wyo., Sept 23, 1889. The convention was called to order at nine o'clock a. m. Mr. President in the chair. Prayer by the chaplain. Roll call; no quorum present. On motion of Mr. Elliott a call of the house was ordered. The president ordered the sergeant-at-arms to close the doors and to request the attendance of absent members. A quorum being present further proceedings under call of the house were on motion of Mr. Elliott, dispensed Avith. Journal of previous session read and approved. REPORTS OF STANDING COMMITTEES. Committee No. 1 submitted the following report: Mr. President: Your committee No. 1 returns files numbered 1-20-21-44 and 53 not approved. Portions of file 81 have been incorporated in the draft of a Bill of Rights, herewith submitted with the recommendation that it be adopted. GEO. W. BAXTER, JOHN W. HOYT. Cheyenne, Wyo., Sept. 23, 1889. S 2 CONSTITUTIONAL CONVENTION. The proposition of Committee No. 1 being File 88 on "Pre- amble" was ordered printed. Messrs. Barrow and Burdick were excused from attend- ance for the day. Committee No. .17 reported as follows: Cheyenne, Sept. 23d, 1889. To the President and Members of the Wyoming Constitutional Convention. Gentlemen: We your committee on printing accounts and expenses beg leave to report that the contract for the balance of the printing required by this convention has been let to the Bristol & Knabe Printing Co. under the same conditions and subject to the same terms of payment as the former agreement with the Cheyenne Daily Sun. Very Respectfully, W. E.' CHAPLIN, HENRY G. HAY, J. A. CASEBEER. On motion the report of Committee No. 67 was adopted. Mr. Johnston submitted the following resolution Avhich was referred to Committee No. 8: Resolved, That, it is the sense of this convention, that the effort that is being made to establish a deep water harbor on the Texas coast has our approbation and that our representa- tive at Washington be requested to use his best endeavors to secure the building of such harbor or harbors. On motion of Mr. Burritt the convention went into com- mittee of the whole for the consideration of the majority and minority reports on the amendment to File No. 76 and the general file. Mr. Riner in the chair. T T pon arising the- committee reported as follows: Mr. President: Your committee of the whole to whom were referred the majority and minority reports on the amendments to File 76, beg leave to report with the following recommendations: Amend majority report of Committee No. 2 by striking out "1,400" wherever it may appear and inserting in lieu thereof "1.200;" also by inserting "16" in lieu of "13" as the number of senators, and "33" instead of "30" as the number of represen- tatives. Your committee further recommends the reconsideration of the vote adopting the majority report of Committee No. 6, also that the additional three representatives be apportioned to Con- verse, Johnson and Sheridan counties, and that File No. 76, as amended, be adopted. J. A. RINER, Chairman. On motion the report was adopted. JOURNAL. 83 File No, 7(1, as amended, was ordered engrossed. The convention thereupon stood in recess until 3 o'clock p. m. AFTERNOON SESSION. The convention re-assembled at three o'clock p. m. Mr. President in the chair. The general consent committee No. 10 submitted the fol- lowing report: Mr. President: We, your committee No. 10, to whom was referred the com- munication from the governor in regard to the Deep Water Convention do respectfully recommend the following gentle- men as delegates from Wyoming: I Ton. Elwood Mead, Cheyenne, Mr. A. V. Quinri, Evanston, Hon. H. A. Coffeen, Sheridan. Eespectfully submitted, THOMAS E. EEID, Chairman. On motion of Mr. I'trritt the report was adopted. Committee No. 19 reported Articles 2 and 3 prepared for the constitution. Mr. Campbell gave the following notice: Mr. President: I hereby give notice that I will move for an amendment of the rules by making a new committee to be known as a com- mittee on address to the people and to congress. Committee No. 8 submitted the following report: Cheyennq, Wyo., Sept, 23, 1889. Mr. President: Your committee 1 on irrigation having under consideration resolution relative to Deep Water Harbors on the Texas coast of the Gulf of Mexico, recommend the adoption of the accom- panying resolutions. J. A. JOHNSTON, Chairman. Whereas, the Territory of Wyoming has great agricultural, mineral and industrial interests that require for their develop- ment, trunk lines of railroads, running north and south, and extending from the British Columbian provinces to the Gfulf of Mexico, thereby opening up to its farmers, miners, and arti- sans, additional markets, and to enable them to compete with the states nearer the seaboard, and enabling them to exchange the products of its country for the products of the south. Whereas, those results must nnd will te materially advanced by the establishment and maintenance of a deep water harbor or harbors on the Gulf of Mexico. 84 CONSTITUTIONAL CONVENTION. Now, there-fore, .Be it Kesolved by the delegates of the con- stitutional convention of the Territory of Wyoming, that the establishment of a deep water harbor or harbors on the Texas* roast of the Gulf of Mexico, meets with the approbation of this convention; that our president and secretary are hereby instructed to forward to the Deep Water Harbor Convention, about to convene in the city of Topeka, Kansas, a copy of these resolutions, and that they also furnish a copy to our delegate in congress, the Hon. Joseph M. Carey, accompanying the same with the request that our delegate use his best endeavors to secure the establishment of such harbor or harbors. On motion the foregoing resolutions were adopted and re- ferred to Committee No. 19 for engrossment. On motion the convention resolved itself into committee of the whole for the consideration of the general file. Mr. Elliott in the chair. On arising the committee made the following report: Mr. President: Your committee of the whole having had under considera- tion the general file, beg leave to report with the following recommendations : That File No. 66 be adopted. That substitute for File No. 82 be adopted. That Section 28 of substitute for File No. 50 be adopted. That substitute for File No. 31 be amended in section by striking out all after the word "and" in the third line, and inserting the following, "Common carriers and as such must be made, by law to extend the same equality and impartiality to all who use them ,excepting employees and their families, whether individuals or corporations.' 7 And that said files, as amended, be adopted. That File No. 60 be amended by substituting the following for section 4 of said file: "All debts and liabilities of the Territory of Wyoming shall be assumed and paid by this State," and that, as amended, File No. 60 be adopted. That substitute for File No. 84 be adopted. That substitute for Files No. 7, 26, 27, 41, 54, and 55 be made the special order for Tuesday afternoon, Sept. 24th. And your committee respectfully asks leave to sit again. H. S. ELLIOTT, Chairman. The report of the committee of the whole was adopted, and the tiles recommended for adoption ordered engrossed. The convention thereupon stood in recess until 7:30 o'clock p. m. JOURNAL. 85 EVENING SESSION. The convention re-assembled at 7:30 o'clock p. m. Mr. President in the chair. On motion of Mr. Einer the convention went into commit- tee of the whole for the consideration of the general file. Mr. Johnston in the chair. On arising the committee reported as follows: Mr. President: Your committee of the whole to whom was referred the general file beg leave to report that the same has been duly considered and is returned with the following recommendation: That File No. 85 be adopted. And your committee respectfully report progress and asks leave to sit- a en in. J. A. JOHNSTON, Chairman. On motion the report was adopted and File No. 85 ordered engrossed. On molion the convention adjourned until 9 o'clock a. m, Sept, 24th. M. C. BROWN, President. Attest: JOHN K. JEFFREY, Secretary. TWENTIETH DAY. HALL OF THE CONSTITUTIONAL CONVENTION, CAPFIOL BUILDING, Cheyenne, Wyo., Sept. 24, 1889. The convention was called to order at nine o'clock a. in. Mr. President in the chair. Prayer by the chaplain. Roll call; 33 members present; absent members heretofore excused by the convention. Journal of previous session read and approved. On motion of Mr. Riner the convention resolved itself into a committee of the whole for the consideration of the general file. Mr. Chaplin in the chair. On arising the committee made the following report: Mr. President : Your committee of the whole who have had under conside 1 * atiou the general file, beg leave to report with the following recommendations : 85 CONSTITUTIONAL CONVENTION. That substitute for files No. 11, 38, 42 and 72 "On Corpora- tions" be amended by substituting- the following for Sec. ;>: "All existing charters, franchises, special or exclusive priv- ilege s under which an actual and bona fide organization shall not have taken place for the purpose for which, framed and which shall not have been maintained in good faith to the time of the adoption of this constitution shall thereafter have no validity." Add to Sec. 5 the words "Shall be void." Amend Sec. 5 by striking out the first part up to "enacted" in second line and inserting in lieu thereof the words "No law shall be." . Amend Sec. 6 so as to read as follows: Sec. 6. No corporation organized under the laws of Wyo- ming territory or any other Jurisdiction than this state shall be permitted to transact business in this state, until it shall have accepted the constitution of this state and filed such ac^ ceptance in accordance with the laws thereof." Strike out Section 7. Amend Sec. 10 in the third line by striking out the word "thereon" and inserting in lieu of it the word "thereof.'' Strike out Section 11. Strike out Section 12. Strike out Section 4. Amend Sec. 1, by striking out the first sentence and insert- ing in lieu thereof the words: "The legislature shall provide for the organization of cor- porations by general laAv." And your committee respectfully recommends that said file, as amended, be adopted. W. E. CHAPLIN, Chairman. On motion the report of the committee was adopted and substitutes for Files 11, 38, 42 and 72, as amended, was ordered engrossed. Committee No. 19 reported as follows: Mr. President: Your Committee No. 19 beg leave to return herewith Files No. 6f', 82 and 84, and Sec. 27 of substitute for File No. 50 as properly engrossed. H. E. TESCHEMACHEK, Chairman. The convention thereupon stood in recess until two o'clock p. in. JOURNAL. 87 AFTERNOON SESSION. The convention reassembled at two o'clock p. m. Mr. President in the chair. Committee No. 19 reported substitute for File No. 76, prop- erly engrossed. By general consent Committee No. 5 made the following report : Cheyenne, Wyo., Sept. 24, 1889. Mr. President: Your Committee No. 5, having had under consideration Files No. 5, 6, 10, 23 and 04 return the same and recommend that the substitute herewith returned be incorporated in the consti- tution including accompanying article concerning qualifications to office, etc., and recommend that the several sections therein contained be incorporated in the constitution. Mr. .Teschemacher and Mr. Burritt dissent as to Sec. 4 of the qualifications to office. JOHN K. JEFFREY, Chairman. By general consent the substitutes for Files 5, 0, 10, 23 and 64, submitted by Committee No. 5, concerning "Elections and Qualifications to Office," was ordered printed. The convention, by unanimous consent, proceeded to the final reading of engrossed files. File No. 84, concerning "Boards of Arbitration," upon final reading was amended by striking out the words "upon such matters and," in the seventh and eighth line. The yeas and nays on the adoption of File No. 84, as amend- ed, resulted as follows : Yeas Messrs. Baxter, Campbell, Casebeer, Chaplin, Coifeen, Fox, Grant, Hay, Harvey, Hoyt, Irvine, Jeffrey, Johnston, Jones, McCandlish, Nickerson, Organ, Potter, Reid, Riner, Russell, Smith, Sutherland, Teschemacher, Yagner and Mr. President 26. Nays Mr. Burritt 1. Absent Messrs. Baldwin, Barrow, Burdick, Butler, ('lark, Conaway, Downey, Elliott, Ferris, Foote, Frank, Hoi den, Hop- kins, Knight, Meriough, Morris, McGill, Palmer, Preston, Scott, Richards 21. Thereupon the president announced that the convention had adopted File No. 84, as amended, to be incorporated in the con- stitution. The convention having ordered the final reading of File No. 66 "Concerning Chinese Labor," the yeas and nays were taken on its adoption, with the following result : Yeas Messrs. Baxter, Burritt, Campbell, Chaplin, Clark, Coffeen, Grant, Hay, Harvey, Hoyt, Jeff rev, Jones, Morgan, McCandlish, Nickerson, Organ, Potter, Reid, Riner, Russell, 88 CONSTITUTIONAL CONVENTION. Smith, Sutherland, Tescheniacher, Vagner, Mr. President 25. Nays Messrs. Foote, Fox, Irvine, Johnston 4. Absent Messrs. Baldwin, Barrow, Burdick, Butler, Case- beer, Conaway, Downey, Elliott, Ferris, Frank, Holden, Hop- kins, Knight, Menough, Morris, McGill, Palmer, Preston, Rich- ards, Scott 20. The president announced that the convention had adopted File No. 06, to be incorporated in the constitution. Sec. 27 of substitute for File No. 50, "Concerning, Arbitra- tion," having been finally read, the yeas and nays on its adop- tion resulted as follows: Yeas Messrs. Burritt, Campbell, Chaplin, Clark, Coffeen, Fox, Grant, Hay, Hoyt, Jeffrey, Johnston, Jones, Morgan, Mc- Candlish, Nickerson, Organ, Potter, Reid, Riner, Russell, Smith, Sutherland, Tescheniacher, Vagner 24. Nays Messrs. Baxter, Foote, Harvey, Irvine, Mr. Presi- dent 5. Absent Messrs. Baldwin, Barrow, Burdick, Butler, Case- beer, Downey, Elliott, Ferris, Frank, Holden, Hopkins, Knight, Menough, Moirris, McGill, Palmer, Preston, Richards, Scott 20 Thereupon the president announced that the convention had adopted Sec. 27 of substitute for File No. 50, to be incor- porated in the constitution. File No. 76, "Concerning Apportionment," having been finally read, the yeas and nays on its adoption resulted as fol- lows : Yeas Messrs. Baxter, Burritt, Campbell, Chaplin, Coffeen, Fox, Grant, Harvey, Hoyt, Irvine, Jeffrey, Johnston, Jones, Morgan, McCandlish, Nickerson, Organ, Potter, Preston, Reid, Russell, Smith, Sutherland, Tescheniacher, Vagner, Mr. Presi- dent 26. Nays Messrs. Clark, Hay, Foote and Riner 4. Absent Messrs. Baldwin, Barrow r , Burdick, Butler, Case- beer, Conaway, Downey, Elliott, Ferris, Frank, Holden, Hop- kins, Knight, Menough, Morris, McGill, Palmer, Richards, Scott 19. The president thereupon announced that the convention had adopted File No. 76, on apportionment, to be incorporated in the constitution. File No. 76, concerning "Legislative Department," on be- ing taken up for final reading was amended in Section 2 by striking out the words "except as otherwise provided in this constitution." On motion of Mr. Coffeen, Section 3 was amended by add- ing at the beginning of said section the following: "Each county shall constitute a senatorial and representa- tive district." On motion of Mr. Riner, Section 6 was amended by striking out "120" in the tenth and eleventh line, and inserting "90" JOURNAL 89 in lieu thereof , also by striking out "60" in the eleventh line and inserting "40'' in lieu thereof. On motion of Mr. Smith, Sec. 17 was amended by striking out the wqrds "or lieutenant governor." On motion of Mr. Smith Sec. 10 was amended by striking out the words "pro tempore." On motion of Mr. Campbell, Sec. 22 was amended by strik- ing out "ten," in the fourth line, and inserting instead the word "'five." On motion of Mr. Campbell, Sec. 30 was amended by strik- ing out all of said section after the word "made" in the sixth line. . File No. 76, on Legislative Department, having been finally Tead, as amended, the yeas and nays on its adoption resulted as follows: Yeas Messrs. Baxter, Campbell, Casebeer, Chaplin, Clark, Foote, Fox, Grant, Hay, Harvey, Holden, Hoyt, Irvine, Jeffrey, Johnston, Jones, Morgan, MeCandlish, Niekerson, Organ, Pot- ter, Keid, Riner, K'issell, Smith, Sutherland, Teschemacher, Vagner 28. Nays Messrs. Burritt, Coffeen, Elliott, Preston, Mr. Pres- ident 5. Absent Messrs. Baldwin, Barrow, Burdick, Butler, Cona- way, Downey, Elliott, Frank, Hopkins, Knight, Menough, Mor- McGill, Palmer, Richards, Scott 16. Tlit- preident thereupon announced that the convention had adopted File No. 76, concerning "Legislative Department," to 1)e incorporated in the constitution. The several files finally adopted were referred to Committee No. 19. On motion of Mr. Potter the convention resolved, itself into a committee of the w^hole for the consideration of the special order, being substitutes for Files No. 7, 26, 27, 41, 54 and 55, on "Taxation and Revenue." Mr. Burritt in the chair. On arising the committee made the following report : Mr. President: your Committee of the Whole to whom was referred the special order, being substitute for Files 7, 26, 27, 41, 51 and o5, beg leave to report progress and ask leave to sit again. CHARLES H. BURRITT, Chairman. JOHN K. JEFFREY, F. H. HARVEY, W. C. IRVINE, A. L. SUTHERLAND. On motion File No. 80, by Committee No. 18, "Schedule," was ordered printed. The convention thereupon stood in recess imtil 7:30 o'clock D. m. 9 CONSTITUTIONAL CONVENTION. The convention reassembled at 7:30 o'clock p. m. The president in the chair. The president announced as a ruling that the propositions finally adopted by this convention will remain in charge of the committee on revision until they are incorporated in the con- stitution and considered as a whole. Mr. Johnson move*! that the convention resolve itself into a committee of the whole for the consideration of the special order. Mr. Bnrritt in the chair. Upon arising the committee made the following report: Mr. President: Your committee of the whole having had under considera- tion the special order, being substitute for Files No. 7, 26, 27, 41, 54 and 55, "concerning taxation and revenue," beg leave to report progress and ask leave to sit acjain. CHARLES H. BUEU.ITT Chairman. On motion the report was adopted. The convention thereupon adjourned until 9 o'clock a. m.,, Sept. 25th. M. C. BKOWN, President. Attest: J. K. JEFFKEY, Secretary. TWENTY-FIRST DAY. HALL OF THE CONSTITUTIONAL CONVENTION, \ CAPITOL BUILDING, > Cheyenne, Wyo., Sept. 25, 1889. )< The convention was called to order at o'clock a. m.. Mr. President in the chair. Grayer by the chaplain. Journal of previous session read and approved. Mr. Organ was excused from attendance for the day. Committee No. 19 submitted the following report: Mr. President: Your Committee No. 19 beg leave to return Files No. 85,. substitute for Files No. 11, 38, 42 and 72. File No. 60, and sub- stitute for File No. 31, properly engrossed. H. E. TESCHEMACHEK, Chairman.. FINAL READING. The convention proceeded to the final reading of en- grossed files. File No. 82, "concerning police powers," having been finally read, the yeas and nays on its adoption resulted as follows: JOURNAL. 9 1 Yeas: Messrs. Baxter, Biirritt, Campbell, Chaplin, (Mark, Colleen, KlHott, Foot, Fox, Grant, Hay, Harvey, Holden, Hoyt, Irvine, Jei'frey, Johnston, Jones, Morgan, McCandlish, Xirker- son, Palmer, Potter, Preston, Reid, Russell, Smith, Sutherland, Teschemacher, Vainer, Mr. President. 31. Nays: None. Absent: Messrs. Baldwin, Barrow, Burdick, Butler, Case- beer, Conaway, Downey, Ferris, Frank, Hopkins, Knight, Me- nou.i?b, Morris, McGill, Organ, Richards, Riner, Scott 18. The president thereupon announced that the convention had adopted File No. 82, "concerning police powers," as a part of the constitution. Substitute for File No. 31, "concerning railroads," was, on final reading, on motion of Mr. Clark, amended in Sec. 2 by inserting after the word "families" in the tenth line the words' "ministers of the gospel." Substitute for File No. 31 having been finally read, as amended, the yeas and nays on its adoption resulted as fol- lows : Yeas: Messrs. Baxter, Burritt, Campbell, Clark, Coffeen, Elliott, Foot, Fox, Grant, Hay, Harvey, Holden, Hoyt, Irvine. Jeffrey, Johnston, Jones, Morgan, McCandlish, Nickerson, Pot- ter, Preston, Reid, Russell, Smith, Sutherland, Teschemacher, Vagner, Mr. President 29. Nays: None. Absent: Messrs. Baldwin, Barrow, Burdick, Butler, Case- beer, Chaplin, Conaway, Downey, Ferris, Frank, Hopkins, Knight, Menough, Morris, McGill; Organ, Palmer, Richards, Riner, Scott 20. The president thereupon announced that the convention had adopted subsfitue for File No. 31 as amended, as a part of the constitution. File No. 60, "concerning federal relations," having been finally read, the yeas and nays on its adoption resulted as fol- lows: Yeas: Messrs. Baxter, Burritt, Campbell, Clark, Coffeen, Elliott, Foot, Fox, Grant, Hay, Harvey, Holden, Hoyt, Irvine, Jeffrey, Johnston, Jones, Morgan, McCandlish, Nickerson, Potter, Preston, Reid, Russell, Smith, Sutherland, Teschema- cher, Vagner, Mr. President 29. Nays: None. Absent: Messrs. Baldwin, Barrow, Burdick, Butler, Case- beer, Chaplin, Conaway, Downey, Ferris, Frank, Hopkins, Knight, Menough, Morris, McGili, Organ, Palmer, Richards, Riner, Scott 20. The president thereupon announced that the convention had adopted File No, f>0. "on federal relations," as a part of the con- stitution. File No. 85. "concerning labor," was on final reading amend- ed by striking out the words "no more than." 9 3 CONSTITUTIONAL CONVENTION. File No. So ns amended having been finally read the yeas and nays on its adoption resulted as follows: Yeas: Messrs. Baxter, Bnrritt, Campbell, Clark, Coffeen, Elliott, Foote, Grant, Hay, Holden, Hopkins, Hoyt, Jeffrey, Johnston, Jones, Morgan, McCandlish, Nickerson, Palmer, Potter, Preston, Eeid, Biner, Bnssell, Smith, Sutherland, Tescn- emacher, Vaguer, Mr. President 29. Nays: Messrs. F<-x. Harvey, Irvine 3. Absent: Messrs. Baldwin, Barrow, Burdick, Butler, Case- beer, Chaplin, Conawny, Downey, Ferris, Frank, Knight, Me- nough, Morris, McGill, Organ, Richards, Scott 17. The president announced that the convention had adopted File No. 84, "concerning labor," as amended, as a part of the constitution. Substitute for Files No. It, 38, 42 and 72, '-on corporations" was, OK final reading amended by striking out. Sec. 11. After being finally read as amended the yeas and nays on its adoption resulted as follows: Yeas: Messrs. Baxter, Burnt t, Campbell, Clark, Coffeen, Elliott, Foote, Fox, Grant, Harvey, Holden, Hopkins, Hoyt, Jeffrey. Jones, Morgan, McCandlish, Nif:k(-n*soii, Palmer, Pres- ton, Reid, Russell, Smith, Sutherland, Vainer, Mr. Presi- dent 2(. Nays: Messrs. Hay, Irvine, Johnston, Potter, Riner, Tesch- emacher 6. Absent: Messrs. Baldwin, Barrow, Burdick, Butler, Case- beer, Chaplin, Conaway, Downey, Ferris, Frank, Knight, Me- nough, Morris, McGill, Organ, Richards, Scott 17. The president thereupon announced that the convention had adopted substitute for Files Nos. 11, 3&, 42 and 72 as a part of the constitution. The convention then went into Committee of the Whole for the consideration of substitute for Files Nos. 7, 26, 27, 41, 54 find 55 on "Taxation and Revenue." Mr. Johnston in the chair. On arising the committee made the following report : Mr. President: Your Committee of the Whole having had under consid- eration substitute for Files No. 7, 26, 27, 41, 54 and 55, on "Taxation and Revenue," beg leave to report progress and ask leave to sit again. J. A. JOHNSTON, Chairman. The report of the Committee of the Whole was adopted. On motion the convention stood in recess until two o'clock p. m. JOURNAL. C)^ AFTERNOON SESSION. Tht 1 convention re-assembled at two o'clock p. m. Mr. President in the chair. Mr. Smith, by general consent, presented the following resolution, which was unanimously adopted. Resolved, That this convention gratefully acknowledges the services of Justice W. P. Carroll, in attending 1 this body whenever called upon to administer the oath of office to its members and officers. Resolved, That the secretary be instructed to transmit a copy of this resolution to Mr. Carroll. On motion of Mr. Burritt the convention went into com- mittee of the Whole. Mr. Johnston in the chair. When the committee arose it made the following report: Mr. President: Your Committee of the Whole having had under consid- eration substitute for Files No. 7, 26, 27, 41, 54 and 55 on "Tax- ation and Revenue," beg leave to report with the following recommendations : Substitute the following for Sec. 3 and 5: Sec. 3. All mines and mining claims from which gold, sil- ver, and other precious metals, soda, saline, coal, mineral oil oi- other valuable deposit is or may be produced shall be taxed, in addition to the surface improvements, and in lieu of taxes on the lands, on the gross product thereof as may be pre- scribed by law. Provided, That the product of all mines shall be taxed in proportion to the value thereof. Amend Sec. 4 by striking out all aftefr the word "value" in the fourth line. Amend Sec. 6 by inserting in third line, after the word "educational" the words "and charitable." Amend Sec. 8 by striking out in the first line the word "six" and inserting "ei^ht" in lieu thereof. Strike out Section 9. Amend Sec. 10 by inserting in second line after the words "therein" the words: "Except as herein otherwise provided." Amend Sec. 11 by inserting in second line, after the word "money" the words "or other public fund." Amend Sec. 12 by adding to said section the words "of state." Amend Sec. 1.3 by adding the words "and such other du- ties as may be prescribed by law." That Sec. 1.3 and 14 be re-referred to Committee No. 11. Amend Sec. 15 by striking out all after the word "prop- erty" in the third line, arid insert in lieu thereof, the words "as the legislature may by general law provide." Strike out Sec. 17. -94 CONSTITUTIONAL CONVENTION. That amendments offered by Messrs. Hay and Potter be referred to Committee No. 11. J. A. JOHNSTON, Chairman. On motion the report was adopted. The convention thereupon stood in recess until 7:30 o'clock p. in. EVENING SESSION. The convention reassembled at 7:30 o'clock p. m. Mr. President in the chair. On motion of Mr. Teschemacher, the convention resolved itself into a Committee of the Whole for the consideration of the general file. Mr. Johnston in the chair. When the committee arose it submitted the following re- port : Mr. President: Yoor Committee of the Whole to whom was referred the general file, beg leave to report, with the following recommen- dations: That substitutes for Files Nos. 7, 26, 27, 41, 54 and 55, subdivision on Public Indebtedness, be amended in Sec. 2 and 4 by inserting in first line after the word "debt'' the 'words "in excess of the taxes for the current year." Strike out in Sec. 5, in the seventh line, the words "water works and," and add at the end of said section: "Debts con- tracted for supplying water to such city or town are excepted from tfte operation of this section." Amend Sec. 7 by striking out in fifth line the Avords "nor shall" and insert in the fifth line, after the word "state," the words "shall not." Amend said file, subdivision on Taxes and Revenue, by substituting the following for Sec. 13. Section 13. That 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 equilir/ntion of the rate so fixed at least ten days before the date fixed for beginning assessments; to assess at their actual value, the franchises, -roadway, roadbed, rails and rolling stock and alt other property used in the operation of all railroads, and other common carriers, except machine shops, rolling mills and ho- tels in this state. Such assessed valuation shall be apportioned to the counties in which said roads and common carriers are lo- cated, as a basis of taxation for such property. Provided that the assessment so made shall not apply to incorporated towns and cities; said board shall also have power to equalize the valuation on all property in the several counties for the state revenue and such other duties as may be prescribed by law. JOURNAx. 95 That the following be substituted for Sec. 14 of said file: Sec. 14. All property, except as in this constitution Bother- wise provided, shall be uniformly assessed for taxation and the legislature shall prescribe such legislation as shall secure ,a just valuation for of all property, real and personal. AJH! your committee recommends that said substitutes for Files No! 7, 26, 27, 41, 54 and 55 be adopted as amended. That File No. 88, on '-preamble/' be amended in Sec. 5 by striking out all after the word "debt" in the first line. Amend Sec. 6 by striking out the words "or in any mannejr destroyed 11 in the second line. Amend Sec. 10 by striking out the word "or" in the second line and inserting the word "and" in lieu thereof; also by striking out the word "desired" in the fourth line, Strilve out in Sec.14 in the first line the word "unless" and insert "except" in lieu thereof. Strike out in Sec. 15 the last five words. Strike out in Sec. 1.8 in line 4 thci words "on account of his belief in God or the non-existence of God, nor." Strike out the last seven Avords in Sec. 28. And that said File No. 88 be adopted as amended. J. A. JOHNSTON, Chairman. On motion the report of the committee was adopted The convention ordered the engrossment of substitute for Mies No. 7, 2G, 27, 41, 54 and 55 and the printed File No. 88 as amended to be considered the engrossed file. On motion of Mr. Chaplin the conA T ention adjourned until 9 o'clock a. m. Sept. 26th. M. C. BKOWN, President. Attest: JOHN K. JEFFREY, Secretary. TWENTY-SECOND DAY HALT. OF THE CONSTITUTIONAL CONVENTION, \ CAPITOL BUILDING, > Cheyenne, Wyo., Sept. 26, 1889. ) The convention Avas called to order at 9 o'clock a. m. Mr. President in the chair. Prayer by the chaplain. Roll call; 31 members present. Journal of previous session read and approved. FINAL READING. File No. 88 "on preamble" on final reading was amended} on motion of Mr. Harvey, 'by adding to Sec. 5 the words "except in cases of fraud." 9 6 CONSTITUTIONAL CONVENTION Ctyi motion of Mr. Campbell Sec. 10 was amended in the third line by striking out the words "to meet the witnesses opposed face to face" and inserting in lieu thereof the words 'to be confronted with the witnesses against him." third line by striking out the words "to be confronted with the witness against him." On motion of Mr. Burritt the following substitute for Sec. 6 was adopted: Sec. 6. No person shall be deprived of life, liberty or prop- erty without due process of law. File No. 88, on preamble, as amended, having been finally read the yeas and nays on its adoption resulted as follows: Yeas: Messrs. Baxter, Campbell, Casebeer, Chaplin, Clark,. Colleen, Foote, Fox, Grant, Hay, Harvey, Hold en, Hopkins, Hoyt, Jeffrey, Johnston, Jones, Morgan, McCandlish, Nicker- son. Organ, ' Palmer, Potter, Preston, Reid, Riner, Russell,. Smith, Sutherland, Teschemacher, Mr. President 31. Nays: None. Absent: Messrs. Baldwin, Barrow, Burdick, Burritt, Butler, Conaway, Downey, Elliott, Ferris, Frank, Irvine, Knight, Me- nough, Morris, McGill, Richards, Scott, Vagner 18. The president thereupon announced that the convention^ had adopted File No. 88 as amended, as a part of the constitu- tion. Mr. Reid gave the following notice: I desire to offer a proposition relative to appeals from com- pulsory boards of arbitration, and move that it be referred to* the committee of the whole. So ordered. Committee No. 4 submitted the following report: Mr. President: Your Committee No. 4, on judiciary, to whom was referred File No. 24, herewith return the same with the recommenda- tion that the same be not adopted, the convention not having provided for an attorney general. We also return File No. 4 with the recommendation that it be not adopted, a substitute therefor having been submitted" and adopted. C. N. POTTER, Acting Chairman. On motion the convention resolved itself into a committee of the whole for the consideration of the general file. Mr. Elliott in the chair. On arising the committee reported progress and asked! leave to sit again. The report was adopted. The convention then stood in recess until 2 o'clock p. in.. JOURNAL AFTERNOON SESSION. 97 The convention reassembled at 2 o'clock p. m. Mr. President in the chair. By gem ral consent Committee No. 15 submitted the follow- ing majority and minority reports: MAJORITY REPORT. Cheyenne, Wyo., Sept, 25. 1889. Mr. President: Your Committee No. 15, to whom was referred Files No. (5.1, 05, 80 and 83, after due consideration of the same beg leave to return them all herewith the recommendation that none of them be adopted. We submit a substitute which we recommend to the favor- able consideration of the convention. HENRY G. HAY, JOHN N. McCANDLISH. MINORITY REPORT. Cheyenne, Wyo., Sept. 26, 1889. Mr. President: Your Committee No. 15, to whom was referred Files No. Gl, 65, 80 and 83, respectfully return the same with the recom- mendation that they be not adopted, the propositions therein contained being incorporated in a substitute herewith submit- ted for your consideration. F. M. FOOTE, Chairman. On motion the two propositions, being substitutes for Files No. 61, 65, 80 and 83, submitted by Committee No.15, were or- dered printed. Mr. Fox moved to go into committee of the whole. So or- dered. Mr. Elliott in the chair. When the committee arose the convention, on motion of Mr. Elliott, stood in recess until 7:30 o'clock p. m. EVENING SESSION. The convention reassembled at 7:30 o'clock p. m. Mr. President in the chair. Committee No. 7 made the following report: Mr. President: Your Committee No. 7 herewith return Sec. 24 of substitute for Files No. 58, 28 and 8, and the amendments thereto, ad- justed as ordered by the convention. JOHN W. HOYT, Chairman. 7 9 8 CONSTITUTIONAL CONVENTION. The amendment reported by Committee No. 7 was referred to the general file. On motion of Mr. Fox the convention went into committee of the whole for the consideration of the general file. Mr. Elliott in the chair. On arising the committee made the following report: Mr. President: Your committee of the whole, to whom was referred the general file, beg leave to report with the following recom- mendations : Amend substitute for Files No. 59, 28 and 8, "on education and public institutions" by substituting the folloying for Sec. 1 : "Sec. 1. The legislature shall provide for the establishment and maintenance of a complete and uniform system of public instruction, embracing free elementary schools of every need- ed kind and grade, a university with such technical and pro* fessional departments as the public good may require, and the means of the state allow, and such other institutions as may be necessary." i Strike out Section 3. Substitute the following for Sec. 6: "Sec. 6. All fines and penalties under general laws of the state shall belong to the public school fund of the respective, counties, and to be paid to the custodian of such funds for the current support of the public schools therein." Amend Sec. 17 by striking out the words "as the crowning educational institutions in the state." Amend Sec. 18 by striking out in the first line the words "under direction of the legislature" and inserting in lieu there- of the words "the legislature shall provide by law for the man- agement of," also by striking out the last sentence of said sec- tion. Also by inserting in second line after the words "consisting of the words "not less than." Amend Sec. 19 by striking out all of said section commenc- ing with the word "consisting" in the fourth line up to and in- cluding the word "and" in the eighth line. Amend Sec. 20 by inserting in line 5 after the word "in" the words "the last preceding." Amend Sec. 22 by inserting after the word "buildings" in the first line the words "and other property." Strike out "sacred" in third line Sec. 7. Also in first" line the word "educational" and insert "public school." Also in seventh line strike out "on U. S. securities" and insert "of the United States." Amend Sec. 8 by striking out in the first line the word "above" and inserting after the word "mentioned" the words "in the preceding section." Strike out in third line "school district" and insert "county." Amend Sec. 9 by striking out in the sixth line the word "five" and inserting "three" in lieu thereof. JOURNAL. 99 Amend Sec. 10 by inserting the word "such" after the word *'mako" in the first lino. That the following substitute for Sec. 1(> bo adopted: The establishment of the University of Wyoming is hereby confirmed, and said institution, wilh its several departments, Is hereby declared the T'niversity of the State of Wyoming. All lands which may have been heretofore granted or which may be hereafter granted by congress unto the university as such, or in aid of the instruction to be given in any of its depart- ments, with all other grants, donations and devises for said university, or for any of its departments, shall vest in said uni- versity, 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 mat' not be sold on terms not approved by congress. Add the following section: Sec. 4. The legislature shall have no power to change or to locate the seat of government, the state university, the insane asylum, or state penitentiary, but may after the expiration of ten (1 0) years after the adoption of this constitution provide by law for submitting the question of the permanent location thereof respectively to the qualified electors of the state at ome general election, and a majority of all votes upon said xjnestion, cast at said election shall be necessary to determine the location thereof; Provided, That for said period of ten years and until the same shall respectively have been permanently located as herein provided, the location of the seat of govern- ment and said institutions shall be as follows: The seat of government shall be located at the city of Chey- enne, in the county of La ramie. The state university shall be located at the city of Lara- mie, in the county of Albany. The insane asylum shall be located at the town'of Evans- ton, in the county of T T inta. The penitentiary shall be located at the city of Bawlins. in the county of Carbon, but the legislature may by law provide that said penitentiary may be converted to other public uses. The legislature shall not locate any other public institu- tions except under general laws and by vote of the people. And that substitute for Files Xo. 59, 28 and 8 be adopted us amended. Your committee further recommends: That File?s T o. 80, "on public lands and donations," be amend- ed as follows: Insert in Sec. 1 after the word bidder" in the sixth line the following: "After having been duly appraised by the land commissioner at not less than three-fourths of the appraised value thereof." Also insert after the word "acre" in the seventh line the fol- lowing: "Provided that in case of actual and bona fide settle- ICO CONSTITUTIONAL CONVENTION. ment and improvement thereon at the time of the adoption of this constitution, such actual settler shall have the privilege of purchasing the land whereon he may have settled not exceeding IfiO lucres, at a sum not less than the appraised value thereof, and in making such appraisement the value of improvements shall not be taken into consideration." Amend Sec. 4 by striking out the word "judicial'' in the third line; also strike out the word "suitable'' after the word 'pass" in the third line; strike out the word "charge" in the sixth line and insert the word "require;" strike out all of said section after the word "them" in the seventh line. Strike out Sec T>. Amend Sec. 5 by adding at the beginning of said section the words '^except a preference right to buy as in this consti- tution otherwise provided." Strike out all of Sec. 7 except the proviso in the ninth, tenth and eleventh lines. Amend by striking out the word "aforesaid" in the tenth line and inserting in lieu thereof the words "of the perpetual school fund." Amend Sec. 2 by striking out all of said section from the word "source" in the third line up to and including the word "unsold" in the seventh line; also insert the word "said" after the word "the" in the eleventh line. And your committee recommend that File No. 86 be adopt- ed as amended. Your coramttee further recommend: That File No. 87, on "coal mines,"be amended in Sec. 1 by inserting after the word "proven" in the fourth line the words "in the manner provided." Strike out in Sec. 3 the word "coal" in the second line. Substitute the following for Sees. 2 and 4. Sec. 2. The legislature shall provide by law for the proper development, ventilation and drainage and operation of all mines in the state. Strike out Sec. 5. Your committee recommend that File No. 87 be adopted as amended. Your committee further recommends: That substitute for Files No. 5, 6, 10, 23 and 64, "on elec- tions and qualifications to office," Jbe, amended by inserting the folowing additional section: Sec. 5. All general elections for state and county officers, for members of the house of representatives and the senate of the state of Wyoming, and representatives to the congress of the United States, shall be held on the Tuesday next following the first Monday of November of each even year. Special elec tions may be held as is or may 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 JOURNAL. 101 January next following the date of their election or as soon thereafter as may be possible." Strike out See. 4. And your committee recommend that substitute for Files No. 5, (>, 10, 23 and 04 be adopted as amended, and your com- mittee further recommends: That File No. 89, "On Schedule,'' be amended by adding the following as Section 2. "That all property, real and personal, and all moneys, cred- its?, claims, and choses in action, belonging to the territory of Wyoming at the time of the adoption of this constitution shall be vested in and become the property of the state of Wyo- ming." Amend Sec. 5 by striking out the word "by" in the fourth line and inserting the word "to" in lieu thereof, and by striking out the word "other 1 " in the fifth line. Amend Sec. 6 by striking out the word "now" in the first line. Amend Sec. 7 by striking out in the ninth line the Avords "and upon separate articles or propositions," and ;by striking out in the sixteenth and seventeenth lines the Avords "or against any articles submitted separately." Amend Sec. by striking out in the sixth line the Avord "of 1 and inserting the AA'ord "for" in lieu thereof. Amend Sec. 11 by inserting in the first line after the word "secretary" the AA 7 ords "of the territory." Amend Sec. 12 by inserting in the first line after theAA r ord ''election" the words "except members of the legislature." Amend Sec. 13 by inserting in the sixth line after the word "legislature" the Avords "in joint session." Add the folloAving four additional sections: Sec. 20. All state officers, including members of the legis- lature, elected at the first election held under this constitution shall hold their respectiA^e offices for the full term next ensuing such election, including the time inter\ T ening betAveen the date of their qualification and the date of the commencement of such full term. Sec. 21. The regular election that otherwise AA r ould be held on the first Tuesday next succeeding the first Monday of No- Tember, 1890, shall be omitted. Sec. 22. The regular session of the legislature that would otherwise convene on the second Tuesday of January, 1891, filial! be omitted. That File No. 89 with amendments be referred to the com- mittee on schedule and judiciary. That File No. 90, "concerning boards of arbitration," be adopted. E. S. ELLIOTT, Chairman. On motion the report of the committee of the whole AA T as adopted. 102 CONSTITUTIONAL CONVENTION. On motion the printed copies of the files as amended, reo onmiended for adoption .by the committee of the whole, were considered the engrossed files. .Mr. Hm-ntt moved the appointment of select committees- of ten members to prepare an address to the people of Wyo- nmuv juid the congress of the United States. Adopted. Tlie convention thereupon adjourned until 9 o'clock a. nu Seol. L>7th. M. C. BROWN, President. Attest: JOHX K. JEFFREY, Secretary. TWENTY-THIRD DAY HALT, OF THE CONSTITUTIONAL CONVENTION, > CAPITOL BUILDING, > Cheyi nne, Wyo.,. S^pt. 27, 1889. ) The eo?ivention was called to order at 9 o'clock a. m. Mr. President in the chair. Prayer by the chaplain. Roll call; 20 members present. Journal of previous session read and approved. The president announced the following select committee on address to the people : Messrs . Burritt of Johnson county, Coffeen of Sheridan county, Harvey of Converse county, Hay of Laramie county, Preston of Fremont county, Grant of Albany county. Smith of Carbon county, Holden of Uinta county, Hopkins of Sweetwater county, Organ for Crook county. The latter to act in the absence of the members from Crook county. Also the following select committee on address to the a of the Tinted States. Messrs. I\jner of La ramie county, Mark of Uinta county, Iloyt of Albany county, Elliott of Johnson county, Irvine of Converse county, Coffooi) of Sheridan county, I'.-ilmer of Sweetwater count v. Xickersou of Fremont count v, Casebcor of Carbon counly, Morgan for Crook counly. JOURNAL. 103 The latter to act in the absence of the members from Crook county. The president submitted to the convention a communica- tion from R. C. Wylie, of Philadelphia, district secretary of the National Reform Association. Referred to committee No. 1. Mr. Campbell gave notice of a resolution for the appoint- ment of a commit tee of ten members to proceed to Washington and urge the admissi n of Wyoming as a state. FINAL READING. The convention having ordered final reading of engrossed liles, substitute for Files No. 7, 26, 27, 41, 54 and 55 on taxa- tion, revenue and public indebtedness, was taken up, and on motion of Mr. Potter amended in Sec. 7 by inserting after the word "bank" wherever it appears in said section the words "or banks." Ori motion of Mr. Fox said file was further amended by in- serting in Sec. 12 in the fourth line the words "lots with the buildings thereon used exclusively for religious worship, church parsonages and public cemeteries." On motion of Mr. Palmer a call of the house was ordered. Absent members having resumed their seats further pro- ceedings, under call of the house, were on motion of Mr. Pal- mer dispensed with. Substitute for Files No. 7.. 26, 27, 41,. 54 and 55 as amended, having been finally read, the yeas and nays on its adoption re- sulted as follows: Yeas Messrs. Baxter, Burritt, Campbell, Clark, Coffeen, Elliott, Foote, Fox, Grant, Hay, Harvey, Holden, Hopkins, Hoyt, Irvine, Jeffrey, Johnston, Jones, Morgan, McCandlish, Nickersen, Palmer, Potter, Preston, Reid, Riner, Russell, Smith, Sutherland, Mr. President 30. Nays Mr. Teschem a cher 1 . Absent Messrs. Baldwin, Barrow, Burdick. Butler, Case- beer, Chaplin, Conaway, Downey, Ferris, Frank, Knight, Me- nough, Morris, McGill, Organ, Richards, Scott, Yagner 18. The president announced that the convention had adopted substitute for files Nos.*7, 26, 27, 41, 54, and 55, as amended, as a part of the constitution. File No. 86, "on Public Lands and Donations," as amended, haAdng been finally read, the yeas and nays on its adoption resulted as follows: Yeas Messrs. Baxter, Campbell, Clark, Coffeen, Elliott, Foote, Fox, Grant, Hay, Harvey, Holden, Hopkins, Hoyt, Irvine, Jeffrey, Johnston, Jones, Morgan, McCandlish, Nickers* m, Pnl- mer, Potter, Reid, Riner, Russell, Smith, Sutherland. Tesche- m a cher, Mr. President 20. Nays none. Absent Messrs. Baldwin. Barrow, Burdick. Burritt, But- ler, Casebeer. Chaplin, Conaway, JDowney, Ferris, Frank, 10 4 CONSTITUTIONAL CONVENTION. Knight, Menough, Morris, McGill, Organ, Preston, Richards, Scot I, Vaguer- -20. Tiie president thereupon announced that the committee had adopted File No. N<>, as amended, as a part of the constitution. File Xo. ST, "on Mines and Mining," as on final reading, amended, on motion of Mr. Xickerson, by inserting in Section 3, after the word "any" in the second line, the words "coal, iron or other dangerous." Said file having been finally read as amended, the yeas and nays on its adoption resulted as follows: Yeas Messrs. Baxter, Campbell, Chaplin, Clark, Coffeen, Elliott, Foote, Fox, Grant, Hay, Harvey, Hoi den, Hopkins, Hoyt, Irvine, JefVrey, Johnston, Jones, Morgan, McCandlish, Nickerson, Palmer, Potter, Preston, Reid, Riner, Russell, Smith, Sutherland, Teschemacher, Mr. President 31. Nays none. Absent Messrs. Baldwin, Barrow, Bnrdick, Burnt t, But- ler. Casebeer, Conaway, Downey. Ferris, Frank, Knight, Me- nough, Morris, McGill, Organ, Richards, Scott, Vagner 18. The president announced that the convention had adopted file Xo. 87, as amended, as a part of the constitution. Substitute for files Nos. 5, 6, 10, 23, and 64 "on Elections and Qualifications to Office," as amended, having been finally read, the yeas and nays on its adoption resulted as follows: Yeas Messrs. Baxter, Campbell, Chaplin, Clark, Coffeen, Elliott, Foote, Fox, Grant, Hay, Harvey, Holden, Hopkins, Ir- vine, Jeffrey, Johnston, Jones, Morgan, McCandlish, Xickerson, Palmer, Potter, Preston, Reid, Riner, Russell, Smith, Suther- land. Teschemacher, Mr. President 30. Xays none. Absent Messrs. Baldwin, Barrow, Bnrdick, Burritt, But- ler, Casebeer, Conaway, Downey. Ferris, Frank, Hoyt, Knight, Menough, Morris, McGill, Organ, Richards, Scott, Vagner 19. The president announced that the convention had adopted substitute for files Xos. 5. 6. 10, 23, and 64, as amended, as a part of the constitution. File X r o. 00 "concerning Boards of Arbitration," having been finally read, the yeas and nays on its adoption resulted as fol- lows: Yeas Messrs. Baxter, Burritt, Campbell, Casebeer, Chap- lin, ("lark, Coffeen, Elliott, Foote, Fox, Grant, Hay, Harvey, Holden, Hopkins, Irvine, Jeffrey, Johnston, Jones, Morgan, Mc- Candlish, Xickerson, Palmer, Potter, Preston, Reid, Riner, Rus- jsell, Smith, Sutherland, Mr. President 31. Xays none. Absent Messrs. Baldwin. Barrow, IJnrdick, Butler, Cona- way, Downey, Ferris, Frank, Hoyt, Knight, Menough, Morris, McGjll, Organ. Richards, Scott, Teschemacher, Vaguer 18. The president announced that the convention had adopted Kile No. !H) as a part of the constitution. JOURNAL I0 5 Substitute for files Nos. 59, 2S and 8 "on Education and Public Institutions" as amended, having been finally re.- id, the .yeas and nays on its adoption resulted as follows: Yeas Messrs. Baxter, Burritt, Campbell, Casebeer, Chap- lin, Clark, Coffeen, Elliott, Foote, Fox, Grant, Harvey, Holden, Hopkins, Jeffrey, Johnston, Jones, Morgan, McCandlisli, \\<-k- erson, Palmer, Potter, Preston, Reid, Riner, Russell, Smith. 'Sutherland, Teschemacher, Mr. President :>(). Nays none. Absent Messrs. Baldwin, Barrow, Burdick, Butler, Cona- way, Downey, Ferris, Frank, Hay, Hoyt, Irvine, Knight, Me- nough, Morris, McGill, Organ, Richards, Scott, Vagner 19. The president thereupon announced that the convention had adopted substitute for files Nos. 59, 28 and 8, as amended, as a part of the constitution. By unanimous consent Mr. Russell presented File No. 91 ^concerning Mines and Mining" and said file, after being read twice, was, under suspension of the rules, adopted by the fol- lowing vote: Yeas Messrs. Baxter, Burritt, Campbell, Chaplin, Clark, Coffeen, Elliott, Foote, Fox, Grant, Holden, Hoyt, Jeffrey, Jones, Morgan, M'-Candlish, Nickerson, Potter, Preston, Reid, Russell, Smith, Sutherland, Teschemacher, Mr. President- 25. Nays Messrs. Casebeer, Hay, Hopkins, Johnston, Palmer, Riner <>. Absent Messrs. Baldwin, Barrow, Burdick, Butler, Cona- way, Downey, Ferris, Frank, Harvey, Irvine, Knight, Menough. Morris, McGill, Organ, Richards, Scott, Vagner 18. The president thereupon announced that the convention had under suspension of the rules adopted File No. 91, as a part of the constitution. The foregoing files adopted by the convention were referred to Committee No. 19. Mr. Hay presented the following resolution which was adopted: Resolved, That the committee (No. 17) on printing are here- by authorized to have published in pamphlet form for distri- bution the constitution and addresses to congress and to the people, adopted by this convention, and to expend any unex- pended balance of funds raised to meet the incidental expenses in payment; for as many copies as can be obtained for that 1 amount; and that twenty-five copies be furnished to each inem- "ber of the convention, the remainder to be delivered to the secretary of the territory for general distribution. By general consent Mr. Holden submitted File No. 92 "on Exemptions." Referred to the general file. On motion the convention stood in recess until 3 o'clock p. m. I0 6 CONSTITUTIONAL CONVENTION. AFTERNOON SESSION. The convention re-assembled at three o'clock p. m. Mr. President in the chair. On motion the convention resolved itself into a committee of the whole for the consideration of the general file. Mr. Sutherland in the chair. AVhen the committee arose it submitted the following re- port, which was adopted: Mr. President: Your committee of the whole to whom was referred the general file, beg leave to report progress and ask permission to sit again. A. L. SUTHERLAND, Chairman. On motion the convention stood in recess until 7:30 o'clock p. m. EVENING SESSION. The convention re-assembled at 7:30 o'clock p. m. Mr. President in the chair. On motion the convention went into committee of the whole for the consideration of the general file. Mr. Burritt in the chair. On arising the committee made the following report: Mr. President: Your committee of the whole to whom was referred the general file beg leave to report with the following recommend- ations: In relation to substitute for files !Nbs. 61, 65 and 80, and the majority and minority reports thereon, we recommend that sections 1 and 2 be adopted; that section 2 be amended by add- inu the following: "And the officer whose duty it is to collect such fees, shall be held responsible under his bond for neglect to collect the same; Provided, that in addition to the salary of sheriffs, they shall be entitled to receive from the parry for whom the services are rendered in civil cases such fees as may be prescribed bv law." That section :>> be amended as follows: Insert in line eight the words "five hundred" in lieu of "three hundred." hi^eri in line seven "one thousand" in lieu of "five hundred." Insert in line 17 "twelve hundred" in lieu of "seA'en hundred 1 and fifiy." Insert in line 15) "seven hundred and fifty" in lieu of "five;. " JOURNAL. I0f Insert in line '22 "two thousand" in lieu of "three thous- and." Insert in line 23 "two thousand" in lieu of "twenty-five hundred." Insert in line 25 "two thousand" in lieu of "t wenty-five hundred." Insert after line 5: The county and prosecuting attorney shall not be paid rnorc than $1,200 per year. After line 18: The county and prosecuting attorneys shall not be paid more than 1 1,500 per year. After line 28: The county and prosecuting attorney shall not be paid more* than |2,500 per year. Add to Sec. 3 the following: The county surveyor in each county shall receive not more, than $8 per day for each day actually engaged in the perform*- ance of the duties of his office. Substitute the following for Sec. 4: Sec. 4. The legislature shall provide by general law for such deputies as the public necessities may require and shall fbe their compensation. Strike out the minority report. A.nd that said file thus amended be adopted. Your committee further recommends that File Xo. 92 be adopted. That File No. 89 be amended in Sec. 8 by inserting in line 6 after the word "district" the word "county," and in line 7 alter the word "constitution" the words "and such other county and precinct officers as are provided by the territorial laws." Also that the following sections be added: Sec. 20. Members of the legislature and all state officers, district nnd supreme judges, elected at the first election held under this constitution shall hold their respective offices foif the full term next ensuing such election, in addition to the pe- ; riod intervening between the date of their qualification aud the 1 commencement of such full term. Sec. 21. If the first session of the legislature under this con- stitution shall be concluded within twelve months of the time designated for a regular session thereof, then the next} regular session following said session shall be omitted. Sec. 22. The first regular election that would otherwise oc- cur following the first session of the legislature shall be omit-. ted, and all county and precinct officers elected at the first elec- tion held under this constitution shall hold their offices 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. 2.3. That the convention does hereby declare on be- half of the people of the territory of Wyoming that this con- stitution has been prepared and submitted to the people of the I0 8 CONSTITUTIONAL CONVENTION. territory of Wyoming for their adoption or rejection with no purpose' of setting up oi' organizing a state government until sucli time as the Congress of the United States shall enact a law for the admission of the territory of Wyoming as a stat(j mi dev its provisions. And your comrni schedules, " thus amended be adopted. CHARLES H. BURRITT, Chairman. On motion the report of the committee of the whole was adopted and the printed copies of the files as amended recom- mended for adoption were considered the engrossed copies. FINAL READING. The convention ordered the final reading of substitute for Files No. (U, 65, 80 and 83 an File No. 92. Substitute for Files No. 61, 65, 80 and 83, "on salaries of public officers,'' having been finally read as amended the yeas and nays on its adoption resulted as follows: Yeas: Messrs. Baxter, Burritt, Campbell, Chaplin, Coffeen, Grant, Hay, Harvey, Hoyt, Irvine, Jeffrey, Johnston, Jones, Morgan, Nickerson, Organ, Potter, Reid, Smith, Sutherland, Mr. President 21. Xays Messrs. Clark, Elliott, Foote, Fox, Holden, Knight, Riner, Russell, Teschemacher 9. Absent: Messrs. Baldwin, Barrow, Burdick, Butler, Case- beer, Conaway. Downey, Ferris, Frank, Hopkins, Menough, Morris, McCandlish, McGill, Palmer, Preston, Richards, Scott, Valuer 19. The president thereupon announced that the convention had adopted substitute for Files No. 61, 65, 80 and 83 as amended as a part of the constitution. File No. 92, "relating to homestead exemptions," having been finally read rhe yeas and nays on its adoption resulted as follows : Yeas: Messrs. Baxter, Burritt, Campbell, Chaplin, Clark, CotTeen, Elliott, Foote, Fox, Grant, Hay, Harvey, Holden, Hoyt, Irvine, Jeffrey, Johnston, Jones, Knight, Morgan, Nickerson, Organ, Potter, Reid, Riner. Russell, Smith, Sutherland, Tesche- em; irher. Mi-. President 30. Xays: None. Absent: Messrs. Baldwin, Barrow, Burdick, Butler, Caso- beer. Conaway, Downey, Ferris, Frank, Hopkins. Menough, Morris, McCandlish, McC.ill, Palmer, Preston, Richards, Scott, Vainer 19. The president thereupon announced that the convention had adopted File No. 92 as a part of the constitution. The a fore mentioned two files finally adopted were referred' to Committee No. 19. JOURNAL. 10 (> On motion the convention adjourned until ( .) o'clock :i. in. Sept. 28th. M. C. BROWN, President. Attest: JOHN K. JEFFREY, Secretary. TWENTY-FOURTH DAY HALL OF THE CONSTITUTIONAL CONVENTION, \ CAPITOL BUILDING, > Cheyenne, Wyo., Sept. 28, 1889. ) The convention was called to order at 9 o'clock a. in. Mr. President in the chair. Prayer by the chaplin. Roll call; 30 members present. Journal of previous session read and approved. Mr. Jeffrey was on motion excused from attendance for the day. The following resolution, offered by Mr. Morgan, was unan- imously adopted : Resolved, That when this convention adjourn it be to re- convene at the call of the president. Mr. Hoyt moved that the appointment of a committee of five members on retrenchment, whose duty it shall be to re- view the whole field of the constitution with a view to such redaction of the expenses of the state government as shall seem, practicable. Said committee to report at the earliest hour. The motion was lost. Mr. Hoyt submitted the following proposition: "The legislature shall make such provision by law as shall be calculated to secure the best available service for all minor places in the state, county and municipal governments, regard- less of considerations purely political." The foregoing proposition was, under suspension of the rules, placed on its final reading, and the yeas and nays on its adoption resulted as follows: Yeas: Messrs. Hay, Harvey, Hopkins, Hoyt, Morgan. Me- candlish, Nickerson, Organ, Smith, Teschemacher, Mr. Presi- dent 11. Nays: Messrs. Baxter, Burritt, Casebeer, Chaplin, Clark, Coffeen, Conaway, Elliott, Foote, Fox, (Jrant, Holden. John- ston, Jones, Knight, Palmer, Preston, Reid, Riner, Russell. Sutherland 21. Absent: Messrs. Baldwin, Barrow, Burdick, Butler, Camp- bell, Downey. Ferris, Frank, Irvine. Jeffrey, Menough, Morris, McG-ill, Potter, Richards, Scott, Vagner i7. IIO CONSTITUTIONAL CONVENTION. The president thereupon announced that the convention had refused to adopt the proposition as a part of the consti- tution. Mr. Burvitt submitted the following proposition: No person shall be permitted to vote, serve as a juror or hold any civil oilice who has at any place been convicted of an infamous crime and who has ;not been restored to the right of citizenship, or who is a bigamist or polygamist, or is living in what is known as patriarchial, plural or celestial marriage, or in violation of any law of this state or tin 1 Tinted States- forbidding any such crime." On motion the proposition was referred tr Committee No 5, as File Xo. 03. The convention ordered the final reading of File No. 89, -"on schedule," as amended. Said file having been finally read as amended the yeas and nays on its adoption were taken, resulting as follows: Yeas: Messrs. Baxter, Burritt, Casebeer, Chaplin, Clark, Coffeen, Conaway, Elliott, Foote, Fox, Grant, Holden, Hop- kins, Hoyt, Jones, Morgan, McCandlish, Nicker son, Organ, Palmer, Reid, Rim r, Russell, Smith, Sutherland. Teschemacher, Mr. President 27. Nays: None. Absent: Messrs. Baldwin, I? arrow, Burdick, Butler, Camp- bell, Downey, Ferris, Frank, Hay, Harvey, Irvine, Jeffrey Johnston, Knight, Menough, Morris, McGill, Potter, Preston, Richards, Scott, Yagner 22. The president thereupon announced that the convention had adopted File. No. 89 as amended as a part of the consti- tution. File No. 89 was referred to Committee No. 19. On motion the convention stood in recess until 2 o'clock p. m. AFTERNOON SESSION. The convention reassembled at 2 o'clock p. m. Mr. President in the chair. The president submitted the following communication, "which was read: Cheyenne, Wyo., Sept. 28, 1889. To the Honorable President and Members of the Wyoming Constitutional Convention. Gentlemen: At the hands of Hon. IT. Glafcke, assistant secretary of your convention, I am in receipt of a copy of your resolution returning thanks to myself for the little service I "have rendered vour bodv. JOUKNAi. In response thereto I desire to say thai I .nival ly the high compliment; you have thereby paid in<% and wish to add what I deem to be the sentiment of the great mass of "Wyoming citizens, myself included, that your diligent. effici- ent and patriotic labors in the capacity of members and officers of the Wyoming Constitutional Convention are and have been sneh as will be approved by the people of the soon-to-be great commonwealth of Wyoming. Very Kespectfully Yours, W.'P. CARROLL. Committee No. 5 made the following report: Cheyenne, Wyo., Sept. 28, 1889. Mr. President: Your Committee No. 5, to whom was referred File. No. 93, beg leave to report the same with the recommendation that the .same be not adopted. The committee have carefully considered. this entire matter; have consulted eminent legal authority and are of the unanimous opinion that the matters embraced in said file No. 93, are fully covered by provisions already adopted in the constitution. Your committee are further of the opin- ion that the proposed file No. 93, is neither necessary or ex- pedient. JOHN W. HOYT, GEO. C. SMITH, H. A. COFFEEN, CHARLES H. BURRITT, H. E. TESCHEMAHFR, On motion of Mr. Burritt the report of Committee No. 5 was adopted and file No. 03 "Concerning Qualifications of Elec- tors, etc.," was indefinitely postponed. On motion of Mr. Harvey that portion of the legislative de- partment of the constitution relative to the election of state senators was referred to Committee No. 2 for amendment. The convention then stood in recess for thirty minutes. On re-assembling Committee No. 2 subrnittted a report rec- ommending the following substitute for the first four lines of Section 2, of File No. 76, concerning legislative department: "Senators shall be elected for the term of four years; and rep- resentatives for the term of two 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 1 shall be vacated at the expiration of the first two years and of the second class at the expiration of four years. On motion the report of the committee was adopted, and the substitute for the first four lines of Section 2, of File No. 76, was, under suspension of the rules, placed on its final read- ing, and after being finally read, the said substitute was adopt- ed by the following vote: H2 CONSTITUTIONAL CONVENTION Yeas Messrs. I'axK'i'. Campbell, Chaplin, Clark, Coffeen v Conaway, Elliott, Fox, Hay, Harvey, Hopkins, Hoyt, Johnston,. Knight, Morgan. Morris, Nickerson, Organ, Potter, Preston r Reid, Kiner, Smith, Sutherland, Teschemacher, Mr. President. 2G. Xays none. Absent Messrs. Baldwin, Barrow, Burdick, Burritt, But- ler, Casebeer, Downey, Ferris, Foote, Frank, Grant, Holden, Irvine, Jeffrey, Jones, M enough, McCandlish, Mcf.iill, Palmer, Richards, Russell, Scott, Vaguer. 23. The president thereupon announced that the convention had adopted the substitute to be a part of the constitution. Mr. Campbell moved the selection of a special committee of ten members to proceed to Washington to urge the admission of Wyoming as a state, th<^ members of the committee to be empowered to appoint substitutes. Carried. On motion the president was requested to appoint a com- mittee of four to select this special committee, and the follow- ing named gentlemen were appointed: Messrs. Riner, Elliott, Conaway and Organ. On motion of Mr. Clark the governor of the territory was requested to appoint a committee of ten citizens of Wyoming to urge the admission of Wyoming before congress. Messrs. Clark, Potter, and Campbell were appointed a com- mittee to convey this request of the convention to his Excel- lency, the governor. Mr. Hay offered the following resolution which was adopted: Resolved, that the president and secretary of this conven- tion are instructed to issue to the secretary of the Territory of Wyoming a certificate showing the attendance, residence and mileage of members during the sessions of this convention. The convention thereupon adjourned until 9 o'clock a. in.. Sept. 30th. M. C. BROWN, President.. Attest: JOHX K. JEFFREY, Secretary. TWENTY-FIFTH DAY, HALL OF THE CONSTITUTIONAL CONVENTION, * CAPFIOL BUILDING, > Cheyenne, Wvo., Sept. 30,. 1889. 7 The convention was called to order at o'clock a. m. Mr. President in the chair. Prayer by (he rhaplin. Roll call; .'>7 members present. Journal of previous session read and approved- JOURNAL. Ir ^ The president submitted the following communication which was read and ordered to be spread upon the jouni.-il. No. 13 East 12 tli St., New York City, Sept. 25, 1880. My Dear Sir: Mrs. Cox, in her supreme bereavement, begs leave that you will permit me on her behalf, to tender to you, and through you, to the Wyoming Constitutional Convention, her heartfelt thanks for your and their expressions of sympathy, as con- veyed in your telegram of the 12th inst. at her irreparable loss in the death of her beloved husband, the late Samuel S. Cox. She bids me further say, in making her grateful acknowl. edgements to you and to the members of the Wyoming Con- stitutional Convention, as respecting the people of your Terri- tory, whose promotion to statehood was uppermost among the last thoughts of Mr. Cox, that these kindly evidences of esteem for him and expressions of condolence in her own great grief, will always be cherished with kindest thought and ever be a source of solace in solitude. Yours with great respect, . JOHN D. O'CONNOR, Private Secretary. Mr. M. C. Brown, President Wyoming Constitutional Convention, Cheyenne, Wyoming. The special committee appointed at the previous session reported as follows: Cheyenne, Wyo., Sept. 30, 1889. Mr. President: Your committee appointed to report to the convention the names of members willing to serve on the committee to wait upon the congress of the United States and present the con- stitution and urge the administration of Wyoming thereunder to the union of slates, beg leave to report the following nine additional names (the president of this convention having al- ready been chosen as chairman of this committee), to-wit: Messrs. C. D. Clark, A, B. Conaway, H. E. Teschemacher, DeForrest Richards, A. C. Campbell, H. A. Coffeen, D. A. Preston, H. F. Elliott and J. A. Johnston. Your committee further recommend that any members vis- iting Washington during the next session of congress be accredited as members of this committee, and that the gentle- men appointed by this convention be authorized to add the names of such visiting gentlemen to the committee appointed bv the convention. A. B. CONWAY, J. A. RINER, H. S. ELLIOTT, C. P. ORGAN. 8 CONSTITUTIONAL CONVENTION. Committee Xo. 10 reported the completion of the revision of the constitution and that the several articles were ready for final reading. On motion tile convention ordered the final reading ot the several articles of the constitution. The preamble having been read the yeas and nays on its adoption resulted as follows: Yeas: Messrs. Baxter, Casebeer, Clark, Coffeen, Conaway, Elliott, Foote, Hay, Harvey, Hopkins, Hoyt, Irvine, Jeffrey, Knight, Morgan, Morris, McCandlish, Palmer, Potter, Preston, Einer, Russell, Smith, Teschemacher, Mr. President 25. Nays: None. Absent: Messrs. Baldwin, Barrow, Burdick, Burritt, But- ler, Campbell, Chaplin, Downey, Ferris, Fox, Frank, Grant, Hoi den, Johnston, Jones, Menough, McGill, Nickerson, Organ, Reid, Richards, Scott, Sutherland, Vagner 24. The president thereupon announced that the convention had adopted the preamble, of the constitution. Article 1, "declaration of rights," having been read the yeas and nays on its adoption resulted as follows: ' Yeas: Messrs. Baxter, Casebeer, Clark, Coffeen, Conaway, Elliott, Foote, Hay, Harvey, Hopkins, Hoyt, Irvine, Jeffrey, Knight, Morgan, Morris, McCandlish, Organ, Palmer, Potter, Preston, Riner. Russell, Smith, Teschemacher, Vagner, Mr. President 27. Nays: None. Absent: Messrs. Baldwin, Barrow, Burdick, Burritt, But- ler, Campbell, Chaplin, Downey, Ferris, Fox, Frank, Grant, Hoi den, Johnston, Jones, Menough, McGill, Nickerson, Reid, Richards, Scott, Sutherland 22. The president thereupon announced that the convention had adopted Article 1, "declaration of rights," of the constitu- tion. Article 2, "distribution of powers," having been read the yeas and nays on its adoption resulted as follows: Yeas: Messrs. Baxter, Casebeer, Clark, Coffeen, Conaway, Elliott, Foote, Grant, Harvey, Hay, Hopkins, Hoyt, Irvine, Jeffrev, Johnston, Knight, Morgan, Morris, McCandlish, Organ, Palmer, Potter, Preston, Riner, Smith, Teschemacher, Vag- ner, Mr. President 21. Nays: None. Absent: Messrs. Baldwin, Barrow, Burdick, Burritt, But- ler, Campbell, Chaplin, Downey, Ferris, Fox, Frank, Holden, Jones, Menough, McGill,' Nickerson, Reid, Richards, Russell, Scott, Sutherland 21. The president thereupon announced that the convention had adopted Article 2, "distribution of powers," of the constitution. Article 3, 'legislative department," having been read it was amended, on motion of Mi 1 . Hoyt,, in Sec. 6, by striking JOURNAL. j j - out iu the seventh line the word "ninety" and inserting in lieu thereof the word '"sixty." Article 3, "legislative department," having been read as amended the yeas and nays on its adoption resulted as fol- lows : Yeas: Messrs. Baxter, Burritt, Campbell, Casebeer, Clark offeen, Conaway, Elliott, Foote, Grant, Harvey, Hay, Hop- Opffeen, Conaway, Elliott; Foote, Grant, Harvey, Hay, Hop- kins, Hoyt, Irvine, Jeffrey, Johnston, Knight, Morgan, Mor- ris, McOandlish, Organ, Palmer, Potter, Preston, Riner, Smith, Russell, Teschemacher, Vagner, Mr. President 31. Nays: None. Absent: Messrs. Baldwin, Barrow, Burdick, Butler, Chap- lin, Downey, Ferris, Fox, Frank, Holden, Jones, Menough, "McGill, Mckerson, Reid, Richards, Scott, Sutherland 18. The president announced that the convention had adopted Article 3, "legislative department," of the constitution. Article 4, "executive department," having been read the yeas and nays on its adoption resulted as follows: Yeas: Messrs. Baxter, Burritt, Campbell, Casebeer, Clark, Coffeen, Conaway. Elliott, Foote, Grant, Harvey, Hay, Hop- kins, Hoyt, Irvine, Jeffrey, Johnston, Knight, Morgan, Mor- ris, McCandlish, Groan, Palmer, Potter, Preston, Riner, Smith, Russell, Teschemacher, Vagner, Mr. President 31. Nays: None. Absent: Messrs. Baldwin, Barrow, Burdick. Butler, Chap- lin, Downey, Ferris, Fox, Frank, Holden, Jones, Menough, 'McGill, Nickerson, Reid, Richards, Scott, Sutherland 18. The president thereupon announced that the convention had adopted Article 4, "executive department," of the con- stitution. Article 5, "judiciary department," was on motion of Mr. Campbell amended by adding to Sec. 21 the following: "Pro- vided the number of districts and district judges shall not exceed four until the valuation of taxable property in the tate shall equal one hundred million dollars." Article 5, "judiciary department,'' having been read as amended the yeas and nays on its adoption resulted as fol- lows : Yeas: Messrs. Baxter, Burritt, Campbell, Casebeer, Clark. Coffeen, Conaway, Elliott, Foote, Grant, Harvey, Hay, Hop^ kins, Hoyt, Irvine, Jeffrey, Johnston, Knight, Morgan, Mor- ris, McCandlish, Organ, Palmer, Potter, Preston, Riner, Smith, Russell, Teschemacher, Vagner, Mr. President 31. Nays: None. Absent: Messrs. Baldwin, Barrow, Burdick, Butler, Chap- lm> Downey, Ferris, Fox, Frank, Holden, Jones, Menough, McGill, Nickerson, Reid, Richards, Scott, Sutherland 18. II 6 CONSTITUTIONAL CONVENTION. The president thereupon announced that the convention 1 had adopted Article 5, "judiciary department," of the constitu- tion. Article 6, "suffrage," having been read the yeas and nays on its adoption resulted as follows: Yens Messrs. Baxter, Burritt, Campbell, Casebeer, Coffeen,. runaway, Elliott, Foote, Grant, Harvey, Hay, Hopkins, Iloyt, Jeffrey, Johnston, Knight, Morgan, Morris, McCandlish, Organ, Palmer, Potter, Smith, Teschemacher, Mr. President 25. X:iys Messrs. Clark, Irvine, Preston, Einer, Russell. Vagr ner 6. Absent: Messrs. Baldwin, Barrow, Burdick, Butler, Chap- lin, Downey, Ferris, Fox, Frank, Holden, Jones, Menough, McGill, Nickerson, Reid, Richards, Scott, Sutherland 1 8. The president announed that the convention had adopted Article 6, "Suffrage,'* of the constitution. Article 7, "Education," having been read the yeas and nays on its adoption resulted as follows: Yeas: Messrs. Baxter, Burritt, Campbell, Casebeer, Clark, Coffeen, Conaway, Elliott, Foote, Grant, Harvey, Hay, Hop- kins, Hoyt. Irvine, Jeffrey, Johnston, Knight, Morgan, Mor- ris, McCandlish, Organ, Palmer, Potter, Preston, Riner, Smith, Russell, Teschemacher, Vaguer, Mr. President 31. Kays: None. Absent Messrs. Baldwin, Barrow, Burdick, Butler, Chap- lin, Downey, Ferris, Fox, Frank, Holden, Jones, Menough, Ma- Gill, Nickerson, Reid, Richards, Scott, Sutherland 1 8. The president thereupon announced that the convention had adopted Article 7, "Education," of the constitution. Mr. Burritt of the committee on address to the people made the followng report: Mr. President: Your committee on address to the people of Wyoming, beg^ leave to submit the following: ADDRESS TO THE PEOPLE OF WYOMING. The convention convened at Cheyenne on September 2 r 1889, to frame a constitution for the state of Wyoming, has completed its labors. The constitution so framed will be submitted to VOFI for adoption or rejection on November 5, 1889. The convention designated the undersigned as a committee to lay before the people of the territory reasons why the fore- going constitution should be adopted.* Our space is limited, and in this address we can only call your attention to a few of the many good reasons that exist. Every county in the territory was represented in the con- vention. A month's time of careful, conscientious and pains- taking labor has been spent in formulating this constitution. JOURNAL. 117 In all our deliberations we have endeavored to embody in our- 'undaniental law such economic measures as we believed would commend our work to the people of the whole territory, without reference to partisan politics and with equal protec- tion for the rich and poor. TERRITORIAL GOVERNMENT. For twenty years and more Wyoming has been laboring under the disadvantages of a territorial form of government. These disadvantages are numerous. We have no voice in the selection of the most; important officers who administer our local affairs; no voice in the enactment of laws by con- gress, to which we must yield obedience; and no voice in the election of the chief magistrate of the republic, who appoints the principal officers by whom the executive and judicial af- fairs of our territory are administered. It has been well said "A territory cannot have a settled public policy. The fact that congress may at any time annul its legislation on any matter of purely local concern, prevents active cooperation by the people in those higher planes of public life which result in the establishment of a permanent state policy." The abuse of the veto power by alien governors, the lack of familiarity of alien judges with our laws and the frequent changes of our executive and judicial officers, as it has been in the past and may be again in the future, cannot but discour- age the people. Although citizens of the United States in name we have been in fact disfranchised. Territorial representation in congress is a delusion, the ter ritories of these United States have no representation. Taxation without representation, a condition in many re- spects allied to colonial vassalage, with the many other w rr ongs that follow the application of these two anti- American terms and with which you are familiar, have all united to render the condition of the people of Wyoming, the most energetic, intel- ligent and patriotic citizens of the United States, well nigh intolerable. W^e have endured all these things up to the pres- ent time without a murmur of discontent, because we have not heretofore seen our way clear to throw off these chains of po- litical and industrial bondage, and to ask, with the hope of success, our admission into the federal union, where we coidd enjoy equally with sister states the right of local self govern- ment and those other natural and inalienable rights guar- anteed in the constitution to every man. The residents of Wyoming territory are the descendents of free citizens, such citizens as framed the constitution of the United States. The loyalty of the sons to Republican institutions and their love of liberty have not been decreased, but increased by their love- ships and dangers they have endured and by the difficulties llS CONSTITUTIONAL CONVENTION. thai have been encountered and overcome in laying the founda- tions of tliis great and prosperous commonwealth. It is ad- mitted that Wyoming Territory stands next in order in its- right to admission into thte Union. We believe she is now ready to assume the responsibility of statehood, to cast of the buHM!s and inconviences of territorial vassalage. She can now ask admission with hope of success. Her time has arrived. For the first time in ten years public opinion in the older states has so changed as to view the admission of new states with a fair degree of favor. If not admitted at this time we may reasonably expect the wave of public sentiment will soon recede and the old unfavor- able attitude toward the territories will be again established, In this event our admission as a state would become so prob- lematical that w r e need entertain no hope of obtaining the rights and benefits of statehood for the next ten and perhaps fifteen years. While the cost of state government is increased over the cost of territorial government in some departments, the savings in other departments, the retrenchment in other directions, the- increase in population and assessable property that will follow our admission as a state will in a short time materially lessen* the burden of taxatiaon, while to delay our application for ad- mission until the '"swing of the pendulum" of public opinion has reached the opposite proposition from that so favorable now to the formation of new states, will be to fasten upon us for a long term of years all the abuses of financial management that have made our taxation burdensome and made plethoric the pockets of public officials at the expense of the taxpayer. PUBLIC LANDS. By the terms of the senate bill for the admission of Wyo- ming' there is donated to the state the following public lands: Agriculture and college lands 90,OOO acres Scientific school lands. 100,000 acres Normal school lands 100,000 acres For charitable and penal institutions 300,000 acres* For public buildings 32,000 acres Total 622,000 acres ; In addition to these lande the state is authorized to select in lieu of Sees. 16 and 36 in each township found to be mineral lands an equal amount of agricultural lands. It is believed that at least 500,000 acres of these lands will be found to be mineral. This would give the state of Wyoming available ag- ricultural lands to be selected at once upon her admission, to the extent of 1, 122,000 acres. If statehood should from any cause be delayed for the next ten or fifteen years, the choice agricultural lands within the state will have been disposed of JOURNAL. II9 and the donations of the lands to the state would thereby be rendered of less value. There is also donated to the state for the use of her public schools five per centum of the proceeds of all public lands,, sold by the United States after our admission as a state. This fund alone would average not less than $20,000.00 a year and a delay of ten years in our admission would entail a loss from this source alone of $200,000.00. The lands donated and selected, if leased at five cents an acre per annum, would produce in ten years a rexenue of $561,000.00. It thus appears that delay of statehood means for us a loss in ten years from these two sources of $761,000.00, or $76,100.00 per annum. THE CONVENTION AND THE CONSTITUTION. The delegates in this convention came from both political parties, from all sections of the territory. It was non-partisan in character, indeed, it may be truthfully said that in its delib- erations there was at no time a division of its membership upon party lines. Sectional questions were at no time consid- ered, but to act for the common good of the whole people of Wyoming seemed to be the ruling motive. The material, indus- trial and professional interests were represented in its member- ship, and no outside influences were permitted to affect their action. The constitution adopted is believed to be fairly conserv- ative and also progressive. It is the first constitution adopted by man which gives to each citizen the same rights guar- anteed to every other citizen. Under its provisions pure elec- tions are practically guaranteed, and economy of administra- tion assured. Restrictions upon legislation and loose appropri- ations of public moneys are clear and positive. The salaries of officers have been fixed according to the value of the service rendered and in proportion to the means of the people to pay* Public trusts are carefully controlled and corporations re- stricted to a single line of business. The establishment of com- pulsory courts of arbitration to settle disputes between corpo- rations and their employes, the protection of laborers in mines, the prohibiting; of the importation of foreign police to usurp, local authority, are all measures that commend themselves and in the convention received the support of the representa-* tives of both capital and labor. The extravagance in the man- agement of county affairs that has prevailed in the past has been circumscribed and rendered impossible. The restrictions upon taxation and the creation of public debts are such as to necessitate economy in public affairs and to insure to the peo- ple the highest excellence in government for the least money. In the interest of local self government to promote the gen- 120 CONSTITUTIONAL CONVENTION. er;:I good and to encourage the growth and development of the state of \Yyom ing. the- constitutional convention having fin- ished its work, respectfully solicits your candid consideration of the constitution herewith sumitted and the ratification of the same by vour suffrages. MELVILLE C. BROWN, President. CHARLES H. BURRITT, Chairman. HENRY G. HAY, MORTIMER N. GRANT, JESSE KNIGHT, GEORGE C. SMITH, CALEB P. ORGAN, HENRY A. COFFEEN, DOUGLAS A. PRESTON, MARK HOPKINS, FREDERICK H. HARVEY, Committee. Article 8, Irrigation and Water Rights, having been read, the yeas and nays on its adoption resulted as follows: Yeas Messrs. Baxter, Campbell, Casebeer, Clark, Coft'een, Conaway, Elliott, Foote, Grant, Hay, Hopkins, Hoyt, Irvine, Jeffrey, Johnston, Knight, Morgan, McCandlish, Organ, Potter, Russell, Teschemacher, Vaguer 23. Nays Mr. Smith and Mr. President. Absent 24. The president thereupon announced that the convention had adopted Article 8 of the constitution. Article 9, on mines and mining, was amended on motion of Mr. Hopkins, by adding to section 6 the following: "'Said state geologist shall ex-officio perform the duties of inspector of mines until otherwise provided by law." Article 9, on mines and mining, having been finally read, as amended, the yeas and nays on its adoption resulted as follows: Yeas Messrs. Baxter, Burritt, Campbell, Casebeer, Clark, Coffeen, runaway, Elliott, Grant, Harvey, Hay, Hopkins, Hoyt, Irvine, Jeffrey, Johnston, Morgan, Morris, McCandlish, Organ, Palmer, Potter, Preston, Russell, Smith, Teschemacher, Mr. President 27. Nays Messrs. Foote, Knight, Vagner 3. M.scnt 19. The president thereupon announced that the convention had adopted Article 9 of the constitution. Article 10, "Corporations," having been read, the yeas and nays on its adoption resulted as follows: JOURNAL I2I Yeas Messrs. Baxter, Burritt, Campbell, Casebeer, Clark, Coffeen, Conaway, Elliott, Foote, Grant, Harvey, Hay, Hop- kins, Hoyt, Irvine, Jeffrey, Johnston, Knight, Morgan, Morris, McCandliali, Organ, Palmer, Preston, Kussell, Smith, Tesche- macher, Vaguer, Mr. President 29. Nays Mr. Potter 1. Absent 19. The president thereupon announced that the convention had adopted Article 10 of the constitution. Article 11, "Boundaries," having been read, the yeas and nays on its adoption resulted as follows: Yens Messrs. Baxter, Burritt, Campbell, Casebeer, Clark, Coffeen, Conaway, Elliott, Foote, Grant, Harvey, Hay, Hop kins, Hoyt, Irvine, Jeffrey, Johnston, Knight, Morgan, Morris, McCandlich, Organ, Palmer, Potter. Preston, Biner, Kussell, Smith, Teschemacher, Vaguer, Mr. President 31. Nays none. Absent 19. The president thereupon announced that the convention had adopted Article 11 of the constitution. Article 12, "County Organization," having been read, the yeas and nays resulted as follows: Yeas Messrs. Baxter, Burritt, Campbell, Casebeer, Clark, Coffeen, Conaway, Elliott, Foote, Grant, Harvey, Hay, Hop- kins, Hoyt, Irvine, Jeffrey, Johnston, Knight, Morgan, Morris, McCandlish, Organ, Palmer 1 , Potter, Preston, Kiner, Kussell, Smith, Teschemncher, Vaguer, Mr. President 31. Nays none. Absent 18. The president announced that the convention had adopted Article 12 of the constitution. Article 13, "Municipal Corporations," was amended, on motion of Mr. Smith, in section 1, by adding th following: "Cities and towns now existing under special charters or the general laws of the territory, may abandon such charter and re-organize under the general laws of the state." Article 13, "Municipal Corporations," having been read, the yeas and nays on its adoption resulted as follows: Yeas Messrs. Baxter, Burritt, Campbell Casebeer, Clark^ Coffeen, Conaway, Elliott, Foote, Grant, Harvey, Hay, Hopkins, Hoyt, Irvine, Jeffrey, Johnston, Knight, Morgan, Morris, Mc- Candlish, Organ, Palme?, Potter, Preston, Kiner, Russell, Smith, Teschemacher, Vagner, Mr. President 32. Nays none. Absent 17. The president thereupon announced that the convention had adopted Article 13 of the constitution. Article 14, "Salaries," was amended, in section 3, line 17, by striking out "fifteen" and inserting "eighteen" in lieu thereof. Also by adding the following: 122 CONSTITUTIONAL CONVENTION. "Sec. 6. Whenever practicable, the legislature may, and whenever the same can be done without detriment to the public service, shall consolidate offices in state, counties, and municipalities respectively, and whenever so consolidated the duties of such additional office shall be performed under an ex-officio title. Article 14, "Salaries," having :been read, as amended, the yeas an dnays on its adoption resulted as follows: Yeas Messrs. Baxter, Burritt, Campbell, Casebeer, Coffeen r Grant, Harvey, Hay, Hopkins, Irvine, Jeffrey, Johnston, Mor- gan, McCandlish, Organ, Palmer, Potter, Teschemacher, Vag- ner, Mr. President. 20. Nays Messrs. Clark, Conaway, Elliott, Foote, Hoyt, Knight, Morris, Preston, Einer, Eussell 10. Absent 19. The president thereupon announced that the convention had adopted Article 14 of the constitution. Article 1.5, "Taxation and Revenue," having been read af- ter being amended in Sec. 10, by inserting in the ninth line, after the word "counties" the words "according to mileage therein," the yeas and nays on its adoption resulted as follows : Yeas Messrs. Baxter, Burritt, Campbell, Casebeer, Coffeen, Conaway, Elliott, Grant, Harvey, Hay, Hopkins, Hoyt, Irvine, Jeffrey, Johnston, Morgan, Morris, McCandlish, Organ, Palrner r Potter, Preston, Eussell, Smith, Vagner, Mr. President 2.6. Nays Messrs. Clark, Foote, Kiner, Teschemacher 4. Absent 19. Article 16, "Public Indebtedness," having been read, the yeas and nays on its adoption resulted as follows: Yeas Messrs. Baxter, Burritt, Campbell, Casebeer, Clark, Coffeen, Conaway, Elliott, Foote, Grant, Harvey, Hay, Hop- kins, Hoyt, Irvine, Jeffrey, Johnston, Knight, Morgan, Morris, McCandlish, Organ, Palmer, Potter, Preston, Kiner, Eussell, Smith, Teschemacher, Vagner, Mr. President 31. Nays none. Absent 18. The president thereupon announced that the convention had adopted Article 1.6 of the constitution. Article 17, "State Militia," having been read, the yeas and nays on its adoption resulted as follows: Yeas Messrs. Baxter, Burritt, Campbell, Casebeer, Clark, Coffeen, Conaway, Elliott, Foote, Grant, Harvey, Hay, Hop- kins, Hoyt, Irvine, Jeffrey, Johnston, Knight, Morgan/ Morris, McCandlish, Organ, Palmer, Potter, Preston, Einer, Eussell,. Smith, Teschemacher, Vagner, Mr. President 31. Nays none. Absent 18. The president thereupon announced that the convention luid adopted Article 17 of the constitution. JOURNAL. : 23. Article 18, "Public Lands and Donations," Laving been read, the yeas and nays on its adoption resulted as follows: Yeas Messrs. Baxter, Burritt, Campbell, Casebeer, Clark, Coffeen, Conaway, Elliott, Foote, Grant, Harvey, Hay, Hop- kins, Hoyt, Irvine, Jeffrey, Johnston, Knight, Morgan, Morris, McCandlish, Organ, Palmer, Potter, Preston, Riner, Russell, Smith, Teschemacher, Vagner, Mr. President 31. Nays none. Absent 18. The president thereupon announced that the convention had adopted Article. 18 of the constitution. Article 19, "Miscellaneous,"having been read, the yeas and nays on its adoption resulted as follows: Yeas Messrs. Baxter, Burritt, Campbell, Casebeer, Clark, Coffeen, Conaway, Elliott, Foote, Grant, Hay, Harvey, Hoyt, Irvine, Jeffrey, Johnston, Knight, Morgan, Morris, McCand- lisli, Organ, Palmer, Potter, Preston, Kiner, 'Russell, Smith, Teschemacher, Yagner, Mr. P r esident 30. Nays Mr. Hopkins. Absent 18. The president thereupon announced that the convention had adopted Article 19 of the constitution. Article 20, "Amendments," having been read the yeas and nays resulted as follows: Yeas Messrs. Baxter, Burritt, Campbell, Casebeer, Clark, Coffeen, Conaway, Elliott, Foote, Grant, Harvey, Hay, Hop- kins, Hoyt, Irvine, Jeffrey, Johnston, Knight, Morgan, Morris, McCandlish, Organ, Palmer, Potter, Preston, Riner, Russell, Smith, Teschemacher, Yagner, Mr. President 31. Nays None. Absent 18. The president thereupon announced that the convention had adopted Article 20 of. the constitution. Article 21, "Schedule,"was amended in Sec. 7 by inserting after the word "respects" the words "as nearly as may be." Article 21, having been read as amended the yeas and nays' on its adoption resulted as follows: Yeas Messrs. Baxter, Burritt, Campbell, Casebeer, Clark,* Coffeen, Conaway, Elliott, Foote, Grant. Harvey, Hay, Hop- kins, Hoyt, Irvine, Jeffrey, Johnston, Knieht, Morgan, Morris, McCandlish. Organ, Palmer, Potter, Preston, Riner, Russell, Smith. Teschemacher, Yagner, Mr. President 31 Nays None. Absent 18. The president thereupon announced that the convention had adopted Article 21 of the constitution. The ordinances having been finally read the yeas and nays on their adoption resulted as follows: Yeas Messrs. Baxter, Bu r ritt, Campbell, Casebeer, Clark, Coffeen, Conaway, Elliott, Foote, Grant, Harvey, Hay, Hop- I 2 4 CONSTITUTIONAL CONVENTION. kins. Hoy i, Irvine, Jeffrey, Johnston, Knight, Morgan, Morris, McCandlish, Organ, Palmer, Potter, Preston, Einer, Russell,, Smith, Tcschemacher, Vagner, Mr. President 31 Xays None. Absent 18. The president thereupon announced that the convention had adopted the ordinances. Committee No. 19 reported the constitution as amended properly enrolled. The' constitution, as amended, having been read, the presi- dent called for the yeas and nays on its adoption and they re-' suited as follows: Yeas Messrs. Baxter, Burritt, Campbell, Casebeer, Chap- lin, Clark, Coffeen, Conaway, Elliott, Foote, Fox, Grant, Hay, Harvey, Holden, Hopkins, Hoyt, Irvine, Jeffrey, Johnston, Jones, Knight, Morgan, Morris, McCandlish, Mckerson, Organ, Palmer, Potter, Preston, Kiner, Russell, Smith, Sutherland, Teschemacher, Vagner, Mr. President 37. Nays None. Absent 12. The president thereupon announced that the convention "had adopted the constitution for the state of Wyoming. Mr. Clark offered the following, which was adopted: Resolved, That the governor of this territory be requested to issue the executive proclamation calling a special election for the adoption or rejection of this constitution adopted by this convention, to occur at the time in said constitution men- tioned. Mr. Morgan offered the following resolution, which was unanimously adopted. Resolved, That we highly appreciate the able, conscientious and untiring assistance rendered this convention by Maj. Her- man Glafcke at the secretary's desk. Mr. Burritt offered the following resolution, which was adopted: Resolved, That the president and secretary of this conven* tion are hereby instructed to certify to the secretary of the ter- ritorv the mileage and per diem to which each member is en- titled. In cases where members have been absent not to exceed five days they shall ,be allowed the full time of the conven- tion; those members who have been absent more than five days shall be allowed for theriumber of days actually in attend- ance. On motion a vote of thanks was extended to the commit- tee on revision and its assistants, Mrs. B. Recker and Mrs. F. A. Gtterenahaw, the assistant secretary and enrolling clerk. The thanks of the convention were also tendered to Miss Louise Smith, official stenographer, Sergeant-at-Arms Yelton, Doorkeeper Walsh and Pages Post and Hufsmith. JOURNAL. The journal of the day's session was then read and ap- proved. Mr. Riner moved that this convention adjourn subject to the call of the president. Carried. The president thereupon declared the convention ad- journed. M. C. BROWN, President Constitutional Convention, Wyoming. Attest: JOHN K. JEFFREY, Secretary Constitutional Con- vention, Wyoming. OFFCIAL REPORT OF THP: PROCEEDINGS AND DEBATES OF THE FIRST OF THE STATE OF WYOMING. Assembled in the City of Cheyenne, September 2d to 30th, 1889. LOUISE S. SMITH, OFFICIAL STENOGRAPHER. 9 NOTE. The convention having failed to employ a ste- nographer until the fourth day of the session, the proceed- ings prior to that time were not reported, other than as appears in the journal of the convention, which consti- tutes the preceding portion of this volume. DEBATES AND PROCEEDINGS OF THE FOURTH DAY. AFTERNOON SESSION. Cheyenne, Wyo., Sept. 5, 1889. Convention reassembled at 2 o'clock. President Brown in the chair. Mr. PRESIDENT. Come to order. Gentlemen of the Con- vention: I trust you will excuse my tardiness at this time. You all know that I have had considerable to attend to for the last twenty-four hours at least. I have prepared such a list of committees as seemed to me, in the hurry, proper.. I may have failed in many w r ays to meet your expectations, but in the short time I have had, I have done the best I could. The clerk will please read the list of standing committees. LISTS OF STANDING COMMITTEES. No. 1. Preamble and Declaration of Rights Geo. W. Bax- ter, S. W. Downey, C. D. Clark, N. Baldwin and Mark Hop- kins. No. 2. Legislative Department E. S. N. Morgan, W. E. Chaplin, H. S. Elliott, D. A. Preston, R. C. Butler, H. A. Cof- feen, De F. Eichards, T. H. Moore, M. Hopkins, C. W. Holden. No. 3. Executive Department Jesse Knight, John A. Ri- ner, A. L. Sutherland, J. C. Davis, Thomas R. Reid, Charles Vagner, T. H. Moore. No. 4. Judiciary A. B. Conaway, C. N. Potter, C. D. Clark, S. W. Downey, A. C. Campbell, D. A. Preston, H. S. Elliott, G. C. Smith, R, H. Scott and F. H. Harvey. No. 5. Elections, Right of Suffrage and Qualifications to Office J. K. Jeffrey, John W. Hoyt, H. E. Teschemacher, C. H. Burritt, G. C. Smith, H. A. Coffeen and R. H. Scott. No. 6. Boundaries and Apportionment M. C. Barrow, Joseph L. Stotts, J. A. Casebeer, John McGill, John M. Me- I32 CONSTITUTIONAL CONVENTION. randlish, H. E. Teschemacher, E. J. Morris, F. M. Foote, N. Baldwin, II. A. Coffeen. Xo. 7. Education, Public Buildings, Public Health and Public Morals John W. Hoyt, C. N. Potter, A. B. Conaway, E. S. N. Morgan and C. D. Clark. Xo. S. Agriculture, Irrigation and Water Rights J. A. Johnston, C/W. Bnrdick, W. C. Irvine, A. L. Sutherland, C. W. Holden, N. Baldwin, C. H. Burritt,. Xo. 0. Klines and Mining John L. Russell, C. W. Fox, L, J. Palmer, H. G. Mckerson, C. Vagner. No. 10. Manufactures, Commerce, Live Stock Interests and Labor George Ferris, John McGill, T. R. Reed, H. G. Mck- erson, C. P. Organ, E. J. Morris, Jonathan Jones. No. 11. Taxation, Revenue and Public Debts M. N. Grant, J. C. Davis, DeForrest Richards, H. S. Elliott, H. G. Hay, D. A. Preston, H. E. Menough, Jesse Knight, H. A. Coffeen, Meyer Frank. No. 12. County, City and Town Organization C. H. Burritt,, Geo. W. Fox,A. C. Campbell, J. A. Riner, Jonathan Jones. No. 13. Corporations H. A, Coffeen, C. N. Potter, F. M. Foote, C. W. Burdick, George W. Baxter, S. W. Downey, John L. Russell. No. 14. Railroads and Telegraph G. C. Smith, J. A. Riner, M. N. Grant, M. C. Barrow, J. M. McCandlish, H. G. Mck- erson, A. B. Conaway, Jesse Knight, H. A. Coffeen, Meyeu Frank. No. 15. Salaries of Public Officers F. M. Foote, H. G. Hay, H. F. Menough, N. Baldwin, J. M. McCandlish. No. 16. Federal Relations, Public Lands and Military Af- fairs H. G. Mckerson, C. P. Organ, R, C. Butler, H. F. Me- nough, G. W. Fox. No. 17. Printing, Publication, Accounts and Expenses R. H. Scott, W. E. Chaplin, J. A. Casebeer, M. C. Barrow, H. G. Hay. No. 18. Schedule, Future Amendments and Miscellaneous Matters L. J. Palmer, J. K. Jeffrey, F. H. Harvey, R. C. Butler, W. C. Irvine, J. L. Stotts, A. L. Sutherland. No. 19. Revision and Adjustment H. E. Teschemacher, A. C. Campbell, C. D. Clark, J. A. Casebeer, J. W. Hoyt. Mr. PRESIDENT. I would like to inquire of the commit- tee that was appointed yesterday to look after printing, whether the rules have been printed or are in the hands of the printer? Mr. JEFFREY. You ask in regard to the rules. As in- structed by the convention, the rules were placed in the hands' of the printer and are now being printed. I think we will have them today. Mr. PRESIDENT. It is quite necessary that the list of the committees should also be printed. Slips, or something, might be printed with the names of the committees, so that the PROCEEDINGS AND DEBATES. 133 different members would know just what committees ther are on, and what their duties are. If t slips were printed so each, could have them it would perhaps be a matter of conven- ience. Mr. HAY. If it is not too late, I would suggest that the lists of committees be printed with the rules. I think prob- ably it can be gotten in. I will make a inotion to that effect. M 1 '. CAMPKELL. I second the motion. Mr. PRESIDENT. It is moved and seconded that the lists of committees be printed with the rules. Are you ready for the question? All in favor of the question say aye. Those opposed no. The ayes have it; the motion is carried. Mr. TESCHEMACHER, Are there .any pages here? I move that some one of the officers be immediately sent to the print- ing office with these instructions, as it may save reprinting. Mr. PRESIDENT. I believe that neither of the pages have appeared. Mr. REID. I wish to say right here that the page appoint- ed by Laramie county is not here. I have telegraphed to Fort Collins for him and he will be here tomorrow. Mr. JEFFREY. I wish to state that before the rules are printed Mr. Slack has agreed to send a proof up here, and we can* then find out about what time we can have them. Mr. PRESIDENT. Would it not be well to send this down at once, so that they might begin setting up the type, even before he sends the proof up ? Mr. JEFFREY. The suggestion of the gentleman from Laramie will be caried out, and this list will be sent to the printers as soon as it can be prepared. Mr. PRESIDENT. If there is no unfinished business, I have a communication from the governor of the territory that I will lay before the convention. Mr. Assistant Secretary, will you read the communication with its accompanying docu- ment. EXECUTIVE DEPARTMENT, Cheyenne, Wyo., Sept. 5, 1889. Hon. M. C. Brow^n, President Constitutional Convention, Cheyenne, Wyoming. gi r: i have the honor to enclose you herewith, for the information of the members of the constitutional convention', copy of a letter recently received with relation to the con- templated visit to Wyoming of the U. S. Senate Committee on arid lands and irrigation. Very respectfully, (Signed) FRANCIS E. WARREN, Governor. ! 3 4 CONSTITUTIONAL CONVENTION. San Francisco, Cal., August 29, 1889. Hon. F. E. Warren, Governor of Wyoming Territory. Dear Sir: By direction of Senator Win. M. Stewart, chair- man of the U. S. Senate Committee on arid lands and irriga- tion, I write to say that as at present advised, the said com- mittee of said body will visit Cheyenne, arriving sometime in Sent ember, about the 22d to the 26th of that month. As it will be impossible for the committee to go elsewhere than your capital. Senator Stewart desires me to urge upon you the advisability of securing the attendance there of as many representative citizens who understand your irrigation plans and needs, so that their testimony may foe secured. You will be advised by telegraph, probably from El Paso, of a more definite date. Very respectfully, (Signed) RICHARD J. HINTON, Irrigation Engineer. Mr. PRESIDENT. The communication, unless there is some motion to the contrary, will be referred to the committee on miscellaneous matters. I would suggest, if the conven- tion will permit me, that the committee confer with Gover- nor Warren about this expected visit, and what, if anything, can be done by us to aid in giving information to this con- gressional committee, and to aid the cause of irrigation that they have in hand. Mr. SMITH. I move that this committee be instructed to take charge of the matter, and make provision for suclf action as may be deemed expedient and proper and report to this convention anything that they may deem it advisable for the convention to do. Mr. RINER. It seems to me, but I don't wish' to interfere with tire president's reference at all, that as the proposed investigation relates so entirely to the question of irrigation, it seems to me that this matter should be referred to the committee on irrigation, and I move that it be referred to thr.t committee. Mr. CAMPBELL. I second the motion. Mr. PRESIDENT. I wish to say to the gentleman from. La ramie that communications of any character, I understand, generally go to the committee on miscellaneous matters, but I suggest that if the convention desire any special reference that I will refer it to that committee. Mi'. POTTER. It seems to me more than proper. Mr. PRESIDENT. Gentlemen, you have heard the motion made by the gentleman from Laramie that this communica- tion be referred to the committee on irrigation. May there be incorporated in that motion the further motion suggested by the gentleman from Carbon of consulting with the gover- nor, and report what, if anything, need be done by this con- PROCEEDINGS AND DEBATES. 35 vention? Is that the desire of .the gentleman from Lararnie? Mr. RINER. Yes. Mr. PRESIDENT. The motion will be considered under- stood in that way. Are you ready for the question? All in favor of the motion say aye; those opposed, no. The ayes, have it. The communication is referred to the committee on irrigation, with the instructions covered by this motion. Mr. RINER. In order that this proposition in regard to the printing for the convention may be disposed of, I move that the proposition made by Mr. E. A. Slack, of the Chey- enne "Sun," be accepted, and that all the printing.be referred, to that office, to be done with the approval of the printing committee. The proposition was submitted yesterday, but not acted upon, as I remember. Mr. SMITH. I second the motion. Mr. PRESIDENT. Gentlemen, you have heard the motion as made by the gentleman from Laramie, the substance of which was, as I remember, that all matter to be printed should pass through the hands of the committee on printing, and that the work to be done by the "Sun" office, or in siib- stance amounting to that. Mr. RI^ER. Upon the terms proposed by him he was to take his chances for an appropriation for his pay. Mr. COFFEEN. There is just one question arising as to this. I think the proposition of the "Sun" was to do the printing (taking his chances for remuneration hereafter) by bid or specified agreement on the whole or a part. It appears to me that this convention has the power to refer this to the committee to be considered in connection with any bids that may come in from other sources. I only rise to say this that you may see the bearings of this. You have passed it be- yond your reach, as to the question of price, if you pass over the thing in an omnibus way, an accumulated way, in that' shape, and I think your constituency will expect of you that you take reasonable care of the expenses as you go along. Mr. CAMPBELL. I agree with the gentleman from Sher- idan. It was only this morning I had a talk with a printer* here an town, Mr. Bristol, of the firm of Bristol & Knabe. I met him at the Inter Ocean corner, and he asked me whether any propositions had been made, and whether the contract had been awarded the "Sun" office. I said the committee on printing would have the matter in , charge, and he said at that time that they wanted to be given an opportunity to put in bids, and that he was willing to do the work upon the same terms as Slack. I think it is premature to award this contract to any one person. If there are other printers who want to do this work, let them have an opportunity to put in their bids, and see what they are willing to do the work for, CONSTITUTIONAL CONVENTION. Mr. REID. I fully agree with Mr. Campbell. I think it- would be unjust in the extreme to the five other printing 1 otlices in this town to award this contract to Slack without consultm" 1 t liein. There are printing offices in Laramie City, and all alonu the line of this road, and I tell you it looks hardly the square deal to award this contract without consulting them. 31 r. RINEB. Perhaps I niay be allowed to explain. Per- haps my motion was not broad enough, although I intended fully it should be. The whole matter is to be arranged upon; the basis of Mr. Slack's proposition, which, as I understand it yes tin-day, was that he would do the printing on estimates made, and I supposed upon the general authority of the standing committee on printing, they would be the proper persons to make such estimates, and if there are any other printers who wish to make bids, they, could, of course, fur- nish the estimates to them. Of course, if there are any other printing companies who can do the work for less than Mr. Slack, I am in favor of giving it to them. I simply brought the matter up that his proposition be accepted, and thought the matter of arrangement could be left to the printing com- mittee to make the best possible agreement in order that wd might have some arrangement made for printing as we shall want to have it done from day to day, and whatever is done in regard to this matter should be done speedily. The GENTLEMAN FROM ALBANY. 'As I 'understand the motion of the gentleman from Laramie, it would take the' matter entirely out of the hands of the committee to award it to Slack, should his motion prevail. Mr. BURRITT. I move as a substitute to that that the communication of Mr. Slack be referred to the printing com- mittee, and that they be instructed to make the best possi- ble agreement for the necessary printing of this convention. Mr. ORGAN. I second the motion. Mr. BINER. I will accept that as a substitute for my motion, so as to get the matter attended to. Mr. PRESIDENT. I don't like to make suggestions to the ^entlemen on the floor, but it occurs to me that it would be well if there was incorporated into that motion the fur- ther provision that the contract be made upon the best pos- sible terms as to price, and under the conditions stated in 1 Mr. Slack's letter. That is, that he would undertake to doi the printing and take his chances of remuneration hereafter. Mr. BURRITT. I move that we incorporate that last sug- gestion "under the terms suggested in Mr. Slack's letter." Mr. PRESIDENT. Gentlemen, you understand the motion as made by the gentleman from Johnson. Are you read}? for the question? All in favor of the motion will say aye, 1hose opposed no. The communication from Mr. Slack is re- ferred to the committee on printing, with' the instructions covered bv the motion. PROCEEDINGS AND DEBATES. , ^ Mr. COFFEEN. I desire to have the resolution which is on the secretary's desk read. Mi'. PRESIDENT. The secretary will read the resolution. RESOLUTION OF MR. COFFEEN. Resolved, That the Territorial Librarian be requested to furnish one copy of the Revised Statutes of Wyoming to each member of the convention at his earliest convenience. Mr. COFFEEN. Mr. Chairman, I move the adoption of that resolution. Mr. J3UKRITT. I rise to second the motion. Mr. PRESIDENT. You have heard the resolution read. The motion is for the adoption of the resolution. Are you ready .for the question. Mr! COFFEEN. I think it may be well for me, as the mover of that motion to say a word. I am authorized to state on behalf of the librarian, and others who have canvassed this matter, 'that the librarian will feel himself authorized to; do this if it comes officially from this convention. Mr. PRESIDENT. Any further remarks? Mr. SMITH. There is one thing. I would ask Mr. Coffeen if we are to have part of it if we might not have it all. There is a copy of the session laws in addition to the revised stat- utes. I would ask Mr. Coffeen to furnish both. Mr. COFFEEN. I cannot include in this motion the point named, and will state in this connection that there is a great scarcity of session laws. That matter has been considered, but I understand that a copy of the session laws will be fur- nished to each committee room, notwithstanding the scarcity. There is an abundance of the other, but under the circum- stances I cannot well include the session law r s. Mr. PRESIDENT. Any further remarks? The Chair hears none. Question. The question is on the adoption of the res- olution. All in favor of the resolution will say aye; those op- posed, no. The ayes have it. The resolution is adopted. Mr. PRESIDENT. I suppose our sergeant-at-arms will act in place of a page until such time as we can get further help, carrying such communications as may be necessary. Mr. FOX. I desire to offer a resolution. Mr. PRESIDENT. Mr. Fox, of Albany, offers a resolution. Mr. COFFEEN. I would inquire whether our resolution notifying certain state officials, delegate in congress, etc., that they are entitled to seats on the floor, has been com- municated to these parties, and if not, I wish that it mighty "be done. Mr. PRESIDENT. I see our delegate in congress is pres- ent, and as the president of the, convention I would be glad to convey to him the information expressed by the gentleman from Sheridan that he is entitled to a seat on the floor, and I should be very glad to have him use his privilege at any timt\ 13 8 CONSTITUTIONAL CONVENTION. The resolution of Mr. Fox may be read. Assistant secretary. By Mr. Fox of Albany: Resolved, That all matter any member may wish to be in- corporated in the constitution shall be first introduced in the convention in writing, to be read by the member introducing the same, or by the clerk of the convention, and after a second reading shall be referred to the appropriate committee with-* out debate. And no matter shall be incorporated in the con- stitution until the subject to which it relates shall have first been considered and reported upon by the committee of the whole. Each article or resolution so introduced shall be printed, giv- ing its consecutive number of introduction, and a copy thereof shall be furnished to each member before its second reading; Providing 1 , that nothing in this resolution shall prevent the 1 introduction of original matter by any standing committee. Mr. MORGAN/ I would like to have that amended, I think, just a little, and that is that it should not be mandatory that every document of that kind should be read unless called for. There might be a very long document presented here, and! it might not be desirable to haA 7 e it read at that time. Tt could go to the proper committee. We could leave all that to the pleasure of the one presenting the paper. Mr. FOX. My object in introducing this resolution was this. I confess my ignorance of Cushing's manual. I don't know what the order of proceeding is, and I think we should have some understanding about it. If the convention chooses to adopt this resolution, I will understand it, and if they don't choose to adopt it, it will bring to light Cushing's manual. Mr. POTTER. I second the adoption of the motion. Mr. PRESIDENT. The matter is now before the conven- tion for its consideration. Mr. POTTER. Answering the objection that my colleague makes, I desire to make a suggestion. If this is like a legis- lative body, or if matters are presented in the same manner, they would all have a title, and if they have anything like a title, they could, of course, be read in that way, by title, by motion. Or, if no title appears, it might be read by the first line say, or have it considered read by motion. I think there might be some objection to reading a long document like the one I see behind me here. Mr. PRESIDENT. As suggested by the gentleman from Laramie, perhaps reading the whole thing could be avoided by reading by title, or by reading under the proper head, OP subject, under which the matter should be presented. Any further remark's. Mr. BURR ITT. I rise to ask whether we are now work- ing under the rules adopted yesterday? Mr. SMITH. I think we are. PROCEEDINGS AND DEBATES. j ^. Mr. BURBITT. Then I object to the consideration of this* resolution. The reason for my objection is, I have a recollec- tion that three rules taken together cover everything contained in this resolution except the matter of printing, which would, if carried out as I understand that resolution now, bankrupt) a richer assembly than this convention, perhaps the territory of Wyoming. I therefore object, giving notice that I desire to be heard on this resolution. Mr. PRESIDENT. Does the gentleman from Johnson so fully remember the rules that he can refresh the memory of the chair upon that subject? Mr. BURRITT. The chair will recall that the rules pro- vide that propositions when introduced shall be in writing; tint they shall then be referred to an appropriate committee; the standing committee first, then the committee of the whole convention, and third, to a select committee, and when three matters are offered at one time they shall be taken in the con- verse way in which they are made. That only such proposi- tions as the convention shall order printed shall be printed, and it shall be subject to the order of the convention upon each proposition introduced. If there should happen to be five or six complete constitutions presented, I am a little suspi- cious about the capacity of the printing office that might get^ the job, and our getting home in one month. My recollection: is, Mr. President, I may be mistaken, that under the rules res- olutions giving rise to debate shall lie over one day before, being acted upon if upon their introduction any member givet notice that he desires to be heard. If I am correct the objec- tion of a member desiring to be heard disposes of the proposi- tion until the following day without further debate. I desire to give notice to that effect. Mr. PRESIDENT. I so understand the rules. Mr. MORGAN. Mr. President. Mr. PRESIDENT. The gentleman from Laramie, Mr. Mor- gan. Mr. MORGAN. If I am in order, I have the honor to pre^ sent for the consideration of this convention, a constitution for the state of Wyoming. This constitution was prepared by an ex-chief justice of this territory, Judge J. W. Fisher. Judge Fisher has spent weeks of patient, conscientious work in pre- paring this document, prompted only, I believe by love and devotion to the country for which he so bravely fought, and for the territory where he has so long lived. He did not request or have any ambition to have his name mentioned in this con- nection but, of course, I could not present the result of his work without giving him the proper credit. Mr. REID. I suggest that Mr. Jeffrey, as secretary, rea(< that document. Mr. PRESIDENT. In our order of business, as fixed by the- rules, is there a time for the introduction of matters to be 140 CONSTITUTIONAL CONVENTION. considered by the convention, or is the introduction of such things allowable at any time? - Mr. BU.RRITT. I would like to inquire of the gentleman from Laramie, Mr. Morgan, if he intends that as a proposition? Mr. MORGAN. What do you mean by a proposition? Mr. BURRITT. Mr. President, the rules provide that all propositions for the constitution shall be submitted in the order of their introduction, and shall be numbered from one consecutively, as I remember, and if this is a proposition it should be properly numbered. Mr. MORGAN. Certainly this is a proposition. Mr. PRESIDENT. The chair would state that it is at least the evident intention of our rules, so far as I remember them, and my memory is not very clear about it, in regard to proposi- tions received is simply this. That a member may present parts of a constitution, but if a Avhole constitution is covered by his proposition, it should be numbered so that it might be referred by different portions to the different committees, i don't know in what form this entire constitution comes, not having examined it, but it will certainly have to be referred in parts to the different commitees. Mr. MORGAN. Mr. President. Mr. PRESIDENT. Mr. Morgan. Mr. MORGAN. I would just state that I understand Ihar, that is the way it is prepared so it can be referred to the com- mittees in parts. I believe there is but one subject on a page if I am not mistaken. GENTLEMAN FROM FREMONT. I move that the first and last line of this constitution be read and the constitution accepted. Mr. COFFEEN. I desire to suggest that the gentleman from Laramie who offered this proposition move its reference to a special committee on division. Then they could divide it up and prepare it for the proper committees. I do not desire to make such a motion myself, but simply suggest it to Mr. Morgan. Mr. SMITH. I second the motion. Mr. HOYT. Mr. President. Mr. PRESIDENT. The gentleman from Albany, Mr. Hoyt. Mr. HOYT. I rise for information. Would it be out of cr ler to refer this to the judiciary committee, without the necessity of appointing a special committe? Mr. PRESIDENT. I understand, gentlemen of the conven- tion, from such information as has been furnished by Mr. Mor- gan, that this constitution which he has presented is so di-' Tided that there will be no trouble in referring it to the differ- ent committees as it is now presented. If the chair finds diffi- culty in referring it to the different committees it will ask tin aid of the convention when it becomes necessary. No mo- tion is necessary at the present time. PROCEEDINGS AND DEBATES. l/ ^ l Mr. BUKRITT. I move that this proposition be referred to the committee on legislative department, with the request that they divide it up, and report; it back to the convention as soon as convenient. I make this motion with all the more readi- ness as the gentleman from Laramie, Mr. Morgan, is on that committee. Mr. RINER. I second the motion. Mr. PRESIDENT. The gentleman from Laramie, Mr. Pot- ter. Mr. POTTER. I rise to a point of order. T don't think thai; that proposition is subject to reference by this convention, Mr. RTNER. I would further amend Mr.* Burritt's motion- by requesting that this bill be read by title only and then re- ferred. Mr. ELLIOTT. I rise to another point of order. You can not amend a motion that is out of order. Mr, PRESIDENT. Your exception is Avell taken. The chair is unable to remember the different motions made. Ori this motion to refer, I would simply say that under my recol-, lection of the rules it can not be referred at this time. It is a little difficult to pass an opinion upon any of these questions without having: the rules before us, but that would be my recollection of the rules. Now, the first motion being out of order, the gentleman from Laramie, Mr. Riner, makes the rno^ tion that it be read by title. That motion I understand is seconded. I think that it is proper, although I have not the rules before me to refer to, but I think the motion to read by title is a proper one and in order. Mr. SMITH. I understand that to be the rule, Mr. Pres- ident, but it w r as not Mr. Riner's motion. His was to amend the motion of Mr. Burritt. Mr. RINER. I seconded Mr. Burritt's motion, and then asked his permission to amend it and have it read by titled and then refer it to the committee on legislative department, that they might consider it and report it back to the conven- tion, so that they could refer it to the proper committees. Mr. PRESIDENT. The chair understands the motion in that way. The gentlemen of the convention will come to order. I have glanced over the rules as sent back to us from the printer, and am. satisfied that what we have here does not incorporate all that was included in the rules as originally passed by th^ convention. If it is all incorporated in this reprint I have; failed to find any reference to the particular matter now before the house as to the introduction of bills, or anything approach-* ini; 1 a bill, and in the absence of the rules, will have to rehf upon our remembrance of them. Mr. MORGAN. We cannot quite hear you. Mr. PRESIDENT. The question now is shall this consti- tution offered by Mr. Morgan be referred to the committee on I4 2 CONSTITUTIONAL CONVENTION. legislative department. To be read by title and so referred. Are von ready for the question? Mr. MORGAN. It seems to me that ordinary parliamen- tary practice should be for the chair to refer it. I think it is so arranged that it can easily be referred by the chair in that way. Mr. Campbell has examined this more recently than ^ have, and I think he understands that it is arranged in that WRY. "Mr. CAMPBELL. I understand that it is arranged in that way. Mr. PRESIDENT. As the chair understands this power to refer, our rules expressly provide that the chair shall refer a proposition to its proper committee, unless the convention otherwise direct. A motion has been made to refer this in* a peculiar way, and .the motion is in order. Mr. RINER. If I may be permitted to further explain. The only purpose I had in this was to save the chair the ne- cessity of taking this document and wade through it, and en- deavoring to find out the committees to which the subjects, therein considered should be referred. My idea is that each subject considered should be presented separately and I think it the duty of the committee, or of any gentleman offering a proposition to see that it is so prepared so the chair can seq .at a glance where it should go, without being obliged to go; to work and figure it out. If it is prepared without reference to any particular committee, I think the chair would be glad of any suggestions as to where the different subjects there treated of should go. It is simply for the purpose of expediting the work of the president that I make this suggestion. Mr. CAMPBELL. As Mr. Morgan says, I have read the* constitution through very recently. There are a jrreat many good things in it. I think it would be well to consider it in connection with the constitution to be formulated by this con- vention. My own idea would be that it should be referred in; parts to the different committees of this convention. For in- stance on different pages, under separate titles, he has devoted SL good deal of space to taxation, ways and means, railroads, federal relations, etc. These should be referred to the partic- ular committee of this convention having those things in charge nnd in that way it could be easily disposed of. Mr. PRESIDENT. The question is upon the reference of the proposition to the committee on legislative department, with instructions that they divide it up and refer it 'to the appropriate committees. All in favor of the motion will say a\'-; those opposed, no. The noes have it. The matter pre- sented will not be so referred. The chair, would suggest, and I think the gentleman from Larninie. Mr. Kiner, made a ^ery proper suggestion in regaro\ to these matters, that we must, it seems to me, keep track of all this matter as files. PROCEEDINGS AND DEBATES. ^3 There must be some way of keeping our records so as to. show where each file goes, and to what committee, and as this is divided up each portion of it forms a file by itself. If there is no objection the chair will examine the matter presented, and divide it up as best it can, and they will then be read b$ title, according to the motion made, and referred to the differ- ent committees. Mr. SMITH. Mr. President. Mr. PRESIDENT. The gentleman from Carbon, Mi\ -Smith. Mr. SMITH. I was not going to make a motion, but shoulc^ like to ask for a little information. If my recollection is cor- rect the rules provide that all matter introduced shall be read. Is that so? Mr. PRESIDENT. That I believe is the rule. Mr. SMITH. If that is the case, how are you going to avoid it? Mr. PRESIDENT. I think reading by title and referring will answer in this case. Mr. POTTER. Will the secretary read the title to File tfo. 1? Mr. PRESIDENT. The secretary will please read as re- quested. SECRETARY. File No. 1, introduced by Mr. Morgan, entitled Declaration of Rights. Mr. TESCHEMACHER. Mr. President. Mr. PRESIDENT. The gentleman from Laramie, Mn Teschemacher. Mr. TESCHEMACHER, I move that we take a recess of fifteen minutes to allow the president to read the file over, and allow the Laramie county delegation to smoke their ci- gars. Mr. REID. I second the motion. Mr. PRESIDENT. The motion is that we take a recess of fifteen minutes. All those in favor of the motion will say 1 , aye; those opposed no. The ayes have it, and the motion pre- vails. RECESS. Mr. PRESIDENT. The gentlemen will come to order. GENTLEMAN FROM UINTA. Mr. Chairman. Is there a motion before the house? If not, there is a matter I want toi speak of while I think of it. The roll call this morning shows, that my colleague, Mr. Clark, is absent, and I desire to state that while I have an impression that Mr. Clark obtained leave of absence from the president of this convention, in order that he might attend to his professional duties in the district court at Evanston, still I think that the record ought to show* that Mr. Clark is not absent without leave, and for that pur- pose I will move that Mr. Clark be excused from further attend- !^ CONSTITUTIONAL CONVENTION ence upon this convention until such time as his professional' duties will permit him to return, if I can obtain a second. Mr. COX AWAY. Second the motion. Mr. PRESIDENT. I will state to the convention that it is not in the power of the president to excuse any one, but that Mr. ("lark informed me that he desired to be absent, and would be glad to be excused. If there is no objection, I wilF not put the motion fully, but Mr. Clark will be excused and our record will so show. There being no objection it is so or- dered. Gentlemen of the Convention: Your president has done the best he could to separate the matter that was presented for your consideration, and we will now have it read by title in* accordance with the motion before made, and referred to the proper commitees. We wall do the best we can to get it to the proper committees. The secretary will please read title 1. SECRETARY. File No. 1, introduced by Mr. Morgan-,.. September 5th, 1889, entitled Declaration of Rights. Mr. PRESIDENT. File No. 1 will first be disposed of. It has been read by title and will be referred to Committee No 1 on Preamble and Declaration of Rights. Mr. PRESIDENT. The secretary will read the title to* File No. 2. SECRETARY. File No. 2, by Mr. Morgan, Legislative De- partment. Mr. PRESIDENT. If there is no objection, File No. 2, hav- ing been read by title, will be referred to Committee No. 2, Legislative Department, unless the convention should order- otherwise. There being no motion to otherwise refer it, it is referred to the Committee on Legislative Department, No. 2: The secretary will please read File No. 3 by title. SECRETARY. File No. 3, by Mr. Morgan,' Executive. Mr. PRESIDENT. If there" is no objection, File No. 3, having been read by title, will be referred to Committee No.. 3, Executive Department. The secretary will read File No. 4 by title. SECRETARY. File No. 4, by Mr. Morgan, Judiciary. Mr. PRESIDENT. File No. 4 having been read by title- unless otherwise ordered will be referred to Committee No. 4, Judiciary. There being no motion, it is so ordered, Mr. Sec- retary. The secretary will please read File No. 5 by title. SECRETARY. File No. 5, by Mr. Morgan, Qualifications- for Office. Mr. PRESIDENT. You have heard File No. 5 read by title and if there- is no objection it will be referred to Committee No. 5, Qualifications for Office, etc. There being no objection heard it is so ordered. The secretary will please read File No. 6 by title. PROCEEDINGS AND DEBATKS. , 45 Sp;CRETARY. File No. <>, Elections, ny Mr. Morgan. Mr. PRESIDENT. File No. (\ having been read by title, unless otherwise ordered, will be referred to Committee No. 5, on Elections, etc. The secretary will read File No. 7 by title. SECRETARY. File No. 7, by Mr. Morgan, Taxation and. Finance. Mr. PRESIDENT. File No. 7 having been read by title, unless otherwise ordered, will be referred to Committee Xo. 11, oi\ Taxation and Finance. The chair hears no objection and it is so ordered. Mr. PRESIDENT. The secretary will please read File No. 8 by title. SECRETARY. File No. 8, by Mr. Morgan, Education. Mr. PRESIDENT. File No. 8 having been read by title will be referred to the Committee on Education, No. 7, unless otherwise ordered by the convention. There being no motion, it is so ordered. The secretary will please read File No. 9 by title. SECRETARY. File No. 9, by Mr. Morgan, Militia. Mr. PRESIDENT. File No. 9 having been read by title, will be referred to Committee No. 16, on Militia, unless other- wise ordered. There being no motion to otherwise refer it, it is so referred. The secretary will please read File No. 10 by title. SECRETARY. File No. 10, by Mr. Morgan, Public Offi- cers. Mr. PRESIDENT. You have heard File No. 10 read by title and it will be referred to Committee No. 5 unless otherwise or- dered. There being no motion, it is so referred. SECRETARY. I failed to hear the number of that commit- tee. Mr. PRESIDENT. No, 5. The secretary will please read File No. 11 by title. SECRETARY. File No. 11, by Mr. Morgan, City Char- ters. Mr. PRESIDENT. File No.ll having been read by title, will be referred to Committee No. 12, on County, City and Town Organizations, unless otherwise ordered by the conven- tion. We hear no motion and it is so referred. The secretary will please read File NO.I 12 by title. SECRETARY. File No. 12, by Mr. Morgan, Railroads. Mr. PRESIDENT. File No. 12, having been read by title, will be referred to Committee No. 14 unless otherwise ordered by the convention. The chair hearing no objection, it is so re- ferred. The secretary will please read File No. 13 by title. SECRETARY. File No. 13, by Mr. Morgan, Future Amend- ments. .7 10 I4 6 CONSTITUTIONAL CONVENTION. Mr. PRESIDENT. File No. 13, having been read by title will be referred to Committee No. 18, on Future Amendments, unless otherwise ordered. The chair hears no objection and it is therefore so ordered. Mr. TESCHEMACHER. Mr. President. Mr. PRESIDENT. The gentleman from Laramie, Mr. Teschemacher. Mr. TESCHEMACHER. I move that Saturday, Sept.7, be set aside as the day for the reception of resolutions and proposi- tions. If I can get a second I will explain that motion. Mr. CAMPBELL. Second the motion. Mr. PRESIDENT. You have heard the motion that Sat- urday does the gentleman mean by that each Saturday? Mr. TESCHEMACHER, Oh! no; Saturday, Sept. 7th. Mr. PRESIDENT. That Saturday, Sept. 7th, be set aside for the reception of resolutions and propositions. Are you ready for the question? Mr. TESCHEMACHER. I propose by this resolution to make that the special order of the day for that day, with the object if possible, of getting as many resolutions and propositions be-, fore this convention on that day to be referred to the various committees hoping in this way to have sufficient matter brought before them to give them work enough to go ahead on at the beginning of next week. Many members here naturally have resolutions which they wish to offer. Now, under our rules, as I understand them, resolutions giving rise to debate> shall lie over one day, and as resolutions are offered every day, it becomes apparent that no committee w r ill be able to go to work in a satisfactory manner, because just as they arei ready to report on some one resolution, some other resolution will be introduced, and it will have to be necessarily referred to them, and their report will ibe put off. I therefore put this motion, hoping that members who have resolutions prepared or who are thinking of offering resolutions will put them in, as far as possible, on the same day. This will, of course, not preclude other resolutions being referred on any other day. Mr. PRESIDENT. Any further remarks? Mr. POTTER. Mr. President. Mr. PRESIDENT. The gentleman from Laramie, Mr. Pot< ter. Mr. POTTER. I move to amend the motion so as to read a little differently. That the presentation of resolutions or propositions be made the special order for Saturday, instead of the day being set aside for that. Mr. TESCHEMACHER. I accept the amendment. Mr. POTTER. The other way, it might preclude other bus- iness that ought to be attended to. Mr. PRESIDENT. Is there any further debate? Gentle- men, the question is upon the motion as amended to set aside Saturday for the special order of the introduction of resolu- 1 PROCEEDINGS AND DEBATES. I 47 lions, propositions, etc. All in favor of the motion say aye. Those opposed, no. The ayes have it, and the motion prevails. Mr.. BENEE. I notice that we have present with us the" Hon. Secretary of the Territory, and I now move that he be requested to address the convention. Mr. CAMPBELL. I second the motion. Mr. PRESIDENT. Without putting the motion formally, tli!* chair gladly requests the gentleman to address the conven- tion at this moment, if no objection is raised by the members, and I am sure none will be raised. Mr. RINER. Never. SECRETARY MELDRUM. The secretary has no speech prepared to present to this convention, and he will ask to be excused. Mr. SMITH. Borrow one from the mover of the motion. Mr. PRESIDENT. I have a communication from a very refined and excellent lady of the city of Cheyenne, offering thanks for the point made by the president upon his nomi- nation to office. The lady I refer to is Mrs. P. E. Warren, who presents her compliments in the form of a beautiful bouquet, which you will see before you, and for which the president of the convention is very grateful. She expresses the hope that the members of the convention will act in ac- cordance with the views expressed by the president at that time, in speaking on the subject of woman's suffrage. I think you will all appreciate her good judgment as one of the lead- ing ladies of this city and of the territory, and I also trust that you will consider the nature of her request when you act upon that question. Mr. MORGAN. Mr. President. Mr. PRESIDENT. The gentleman from Laramie, Mr, Morgan. Mr. MORGAN. I have no motion to make, but I would ask that the president state the form in which these propo- sitions should be made to the convention relating to the con- stitution. Mr. PRESIDENT. The chair would say that I do not understand that these propositions are to come in any par? ticular form. A party may present a proposition referring to any portion of the constitution in such form as the eentle- man presenting it may see fit, but it should clearly designate in its title, or in some way, the general object of the proposi- tion, so that if it is long it need not be read at length to the 1 convention, unless the convention desires it, but can be re- ferred to its appropriate committee by a brief statement of its subject. There might be, for instance, a great many prop- ositions referring to corporations and they might contain propo- sitions covering only a portion of the subject that would be taken in charge by the committee on corporations. You might divide up that proposition in as many ways as there I^S CONSTITUTIONAL CONVENTION. are subjects, ami refer < j nch subject to its proper committee, But -it should be clearly stated either in the designation of" the proposition what it is intended to cover, so that it. can be properly referred, or it should be stated on the back of the document in some Avay so that we may not be obliged, unless desired by the convention, to hear it read at all. It is the desire- of the president, I assure you, to do all in his power to expedite the transaction of business as far as possible. "Mr. CAMPBELL. Mr. President. Mr. PRESIDENT. Gentleman from Laramie, Mr. Camp- bell. Mr. CAMPBELL. While we are on this subject, I might say that Judge Carey was in the room while the convention had its recess, and I asked him what the course was in con* gress, and I assure you that it is a very good one. He told me that all propositions submitted have a proper title as to what they relate to, and then endorsed on the back, each proposition has the name of the committee to which it belongs. If the proposition is found to contain matter which does not be- long to the committee to which it is referred, it is then re- ferred back to the proper committee, and it seems to me that it would be a very good thing for us to follow a course- something like this. Mr. PRESIDENT. It strikes me that it would be a very good thing when a proposition is submitted to have the clerk briefly state the subject, and it could then be referred by the- chf.ir, but if the party referring it will so endorse it with the number of the appropriate committee, it will save the chair; looking into the subject matter. Mr. SMITH. Mr. President. Mr. PRESIDENT. The gentleman from Carbon, Mr. Smith. Mr. SMITH. I don't understand that there is anything special before the house, and since we are taking about, this matter, perhaps it might facilitate matters to have some definite understanding ajbont it. I think that members should always be careful not to include two subjects in the same prop- osition offered, or at least have each subject on a separate page. The title should include the subject itself, and should be endorsed on the back with the number of the committee to which it belongs, and the name of the member who offers the proposition. I know that in the Pennsylvania legislature ment of the committee to which it belongs, and the title itself must also indicate the subject to be covered and the name of the person who presents it. Mr. RINER. Mr. President. Mr. PRESIDENT. The gentleman from Laramie, Mr. Ri- ner. Mr. RTNFR. I wish to make a motion by common consent. I move we adjourn until tomorrow morning at 10 o'clock. Mr. GRANT. I second the motion. ri:o(HOKDi\(is AND DEBATES. I49 Mr. PRESIDENT. I believe our rules do not set any spe- cinl time. Mr. RINER. I think not. Mr. PRESIDENT. Gentlemen, the question is upon the motion to adjourn until 10 o'clock to-morrow morning. Are you ready for the question? All in favor of the motion say aye; those opposed no. The ayes have it, the motion prevails. The convention stands adjourned until 10 o'clock to-morrow morning. FIFTH DAY. MORNING SESSION. Friday, Sept. 6, 1889. Convention assembled at 10 o'clock a. in., i 'resident Brown in the chair. Mr. PRESIDENT. Gentlemen, come to order. Prayer. Mr. PRESIDENT. The secretary will call the roll. Roll call. Mr. ELLIOTT. Mr. President, I would suggest that the committee on agriculture be notified of the fact that the rolll has been called, they are in the committee room at work, Mr. PRESIDENT. Is the committee in session. Mr. ELLIOTT. They are. Mr. PRESIDENT. The sergeant-at-arms will pleti.se no- tify them. (The Committee on Agriculture is notified as above suggest- ed and come in.) Mr. PRESIDENT. The secretary will please call the names of the gentlemen. Mr. Butler will necessarily be absent for a day or two and asks to be excused. Mr. Downey has been excused by the ac- tion of the convention for a few days until he can be hejre. Mr. Clark has also been excused. The records may so show. Mr. Frank is absent today and asks to be excused until Mon- day. Mr. Scott is also absent on very urgent business, and wnll be absent until Monday and desires to be excused. Mr. HopHns has not yet qualified as a member of this convention, nor has Mr. Harvey, whose names are called. So far as I can remember, these are all the members who asked to be ex- cused. Mr. GRANT. I have been requested to name Mr. McGilL Mr. PRESIDENT. Are there any others? Mr. BARROW. It will be absolutely necessary for me to be absent two or three days. I would like to go home iO-dny, and cannot return before Tuesday, but if the convention will 150 CONSTITUTIONAL CONVENTION. grant me leave until that time I will /be able to be here from that time until we conclude our work. Mr. HOYT. Mr. President, Mr. PRESIDENT. The gentleman, from Albany, Mr. Hoyt_ Mr. HOYT. I move that the gentleman be excused in ac- cord-nice with his reauest. Mr. PRESIDENT. " If there is no objection, the gentleman: from (Converse will be excused, as one of those members who are necessarily absent for a day or two. Is there any objec- tion? There appearing to be none, he stands excused. The secretary will so record it. READING OF THE JOURNAL FOR THK FOURTH DAY. Mr. PRESIDENT. Are there any corrections to the jour- nal? Mr. TESCHEMACHER. If I recollect rightly the recess took place before the reference of the matters handed in by Mr. Morgan. As the journal reads it appears that after the reference the convention took a recess of thirty minutes, as I understand it, and so shows no reason for a recess. Mr. PRESIDENT. My recollection of the proceedings would be in susbtance this : That the motion to refer was made before the recess. The recess was then taken and pending the recess the matter oifered was arranged and afterward referred. Mr. TESCHEMACHER, Yes, that was the way. SECRETARY. Do you wish the records to show that the recess was taken before the reference? Mr. TESCHEMACHER, If you will remember I was the mover of that motion to take a recess, in order to give the president time to look over the matter. Mr. PRESIDENT. I remember it very clearly. , W511 you read the record as to that matter as it now stands. SECRETARY reads: "The convention thereupon stood in recess for thirty minutes." Mr. PRESIDENT. The fact is that the presentation of the proposition came first, and the recess between the two. The records can be so changed if the convention so orders. Will you now read that part which preceeds the recess? SECRETARY. "The following propositions were then read for the first time by title and referred. File No. 1, by Mr. Mor- gan, etc." Mr. PRESIDENT. The point made by the gentleman from Laraniie, is that the words just read should not go into the record until after the motion for recess. They were first readv then there was the recess, and after the recess they were re- ferred. It is not a very important matter, I suppose. Is a motion necessary to change? Mr. TESCHEMACHER, As the record now reads, Mr, President, there was no object for that recess. PROCEEDINGS AND DEBATKS. j^ ML-. PRESIDENT. Exactly. If there is no objection it will be changed in accordance with the facts, as suggested by the gentleman from Laramie. Mr. COFFEEN. Mr. President, Mr. PRESIDENT. The gentleman from Sheridan, Mr. Cof- fee]!. Mr: COFFEEN. I notice that the records show the carry- ing of an amendment in regard to the appointment; of a stenog- rapher, but makes no mention of the motion as amended hav- ing been carried. It appears to me that after the motion to amend the main question must be put as amended. It was so done as I remember, and the record should so show. Mr. PRESIDENT. The point is well taken, and I am not quite sure that the records so show that or not. I noticed as we were passing on through the record, a motion to amend was made and carried, and my recollection is that the motion as amended does not appear to have passed. Mr. COFFEEN. It does not so appear in the record, al- though in accordance with the facts it did. Mr. PRESIDENT. Will the secretary please turn to that part of the record. Of course the committee could have acted without authority, unless the motion as amended had been; adopted by the convention. SECRETARY. "Mr. Chaplin moved that we do not em- ploy an official stenographer." Mr. Tescheniacher offered an amendment that we do employ a stenographer. The amend- ment was adopted." Mr. COFFEEN. The motion to amend was adopted. See ( what became of the original motion as amended. This is th point I bring up. Mr. PRESIDENT. The secretary will remember that a motion was made to amend the motion. The ayes and nays were called upon the motion to amend. If I understand the record that motion prevailed. Afterward, the question w r as upon the adoption of the motion as amended. The record does not show that the question was so adopted. A few wordS( will change it. Mr. SMITH. As I understand it, the original motion wa$ not put. That is my recollection of it. The very nature of the two motions themselves, one that a stenographer be employed, and the other that a stenographer be not employed, and thfj adoption of either one of them w^ould necessarily dispose of the other. It seems to me that the motion was not to amend, but rather in the nature of a substitute. Mr. TESCHEMACHER. As the mover of the amend-* ment I think I can correct the gentleman from Carbon. It was( not intended to be a substitute, but I moved it as an amend: ment. The question was put as an amendment and then car* ried. The president pro tern, Mr. Riner of Laramie, put thrt question on the original motion as amended, and the vote was taken on that, : - 2 CONSTITUTIONAL CONVENTION. Mr. COFFEEN. That is correct. Mr. PRESIDENT. The records should so show the correc- tions MS made. Are there anv further corrections? SECRETARY. Would it be sufficient to say that the orig- inal motion as amended was finally adopted? Mr. PRESIDENT. Yes. Are there any further changes to he made in the record? If there is no objection it will stand approved. The chair hears no objection. The record will now stand approved. Mr. BAXTER. Mr. President. Mr. PRESIDENT. Gentleman from Laramie, Mr. Baxter. Mr. BAXTER. I don't want to suggest any corrections to the record of yesterday, but I should like to hnve the journal of this morning show my presence in the hall. I will also speak for my colleague, who came in a few minutes late. Mr. PRESIDENT. The record will so show. Are those all who came in since the roll call? Mr. REID. Mr. Morgan, I think, came in. Mr. PRESIDENT. Mr. Morgan. Did the secretary get the name of Mr. Morgan? The roll call will show the presence of these gentlemen. Mr" BAXTER. Mr. President. Mr. PRESIDENT. The gentleman from Laramie. Mr. Bax- ter. Mr. BAXTER. Is there any business before the house now of any -special order? Mr. PRESIDENT. We have no special order of business. Mr. FOX. MY. President. Mr. PRESIDENT. The gentleman from Albany, Mr. Fox. Mr. FOX. At the present time I wish to make my report on the credentials of Mr. Harvey, who was appointed by the Democratic central committee of Converse county to succeed Mr. Baldwin, who was elected, but who is now sick in bed, and recommended to the committee that Mr. Harvey be appointed in his place in this convention, and under the circumstances we consider the credentials are proper and correct. Mr. PRESIDENT. The chair "would state to the convention at this time that it is better to adhere to our rules as far as, we can, and the chair will announce the order of business from time to time as we reach it, and that matter will come before; the convention under its proper head. The chair was about tot announce that the journal having been read and approved, the! next order of business is the presentation of petitions, as I have it here. I believe it is the presentation of resolutions, propo-. sitions, etc.. under the rules is it not? V-. PALMER. I have some resolutions that I ask to be, read by title, and referred to the proper committees. Mr. PRESIDENT. The matter of the credentials of Mr., TT-M.W'V ^'ill fivst be considered, and the chair will refer the matter to the committee on credentials for their renort and ju-tion, if th'Te is no objection.' PROCEEDINGS AND DEBATES. '53 Mr. IJURRITT. I call for the reading of the instruments, of the papers. Mr. PRESIDENT. If desired, I will, of course, order them to be road for the getleman, but it appears to me that they should be referred now to the committee arid then have the whole 1 matter presented to the committee of the whole by that committee. However, if the gentleman desires their read- ing at this time they will be read. The secretary will read tire credentials offered by Mr. Harvey. Mr. BURRITT. That is not what I called for. It is the reading of the propositions offered by the gentleman from Sweet water. Mr. PRESIDENT. The credentials will be referred as the chair suggested. We will have the reading of the propositions from the gentleman from Sweetwater. Mr. BAXTER. I am rather anxious about this matter. I may be mistaken, but I am under the impression that the order of business does not provide any special time when cre- dentials shall be presented. There is a gentleman here who Is entitled to be treated with every degree of respect and courtesy, and it seems to me that he should be seated with- out delay, and before we continue in the consideration of ques- tions that he may be interested in. My impression is that this matter of credentials should have preceilen.ee of every thing else. Mr. PRESIDENT. The credentials have been referred to the committee. The matter is no longer before the house. Mr. HAY. Mr. Fox was intending to report on the cre- dentials at the time he spoke. Mr. PRESIDENT. The chair did not so understand it. Mr. FOX. That was my intention, and I so stated it. A majority of the committee have examined the credentials and Ave are prepared to recommend that they be accepted and Mr. Harvey sworn in. If the convention will give us a recess of live minutes we will make our final report. Mr. IRVINE. I understood it as the gentleman has just stated. I was not inclined to press the matter, but being one of the colleagues of the gentleman, I am much obliged to the gentleman for raising the question. As I understand it, the credentials have been before the convention and, taking the precedent as established in this convention to hurry these matters alon^, I have taken the pains to telephone to Justice Carroll and he will be here perhaps in a few seconds, and T would not like to keep him waiting. Mr. PRESIDENT. I will state to the convention that the chair has no disposition to retard or put back the admission o1 any delegate to the convention. We are all anxious that, every part of the territory should be fully represented. The chair- did not understand Mr. Fox as presenting the report of the committee. The presentation of the credentials of any 1 54 CONSTITUTIONAL CONVENTION. member is entirely in order at any time. It seems to me thatf the proper way to treat these matters is for the credentials to be presented to ttie convention, and then let the convention dispose of the matter as it may see fit. The chair has dis- posed of this matter for the present. The credentials having been presented by the gentleman from Albany, Mr. Fox. were referred by the chair to the special committee appointed on credentials. That matter is now before that committee, and in the proper way, as far as the judgment of the chair goes. The matter has been brought to the attention of the gentlemen of the convention has been referred to the committee and that committee may report at any time. Air. COFFEEN. Would it not be well for us to take a re- cess of a few minutes that the- committee may consider the matter and at once report on that subject. Mr. PRESIDENT. The chair Avill entertain any such mo- tion. Mr. COFFEEN. I move we take a recess of five minutes in; order that the committee may meet and report. Mr. SMITH. Second the motion. Mr. PRESIDENT. It is moved and seconded that we take a recess of five minutes in order that the committee may re- port. All in favor of the motion will say aye. Those opposed no. The chair is in doubt, but I believe the ayes have it. Mr. BAXTER. Division. Mr. PRESIDENT. A division is called for. All in favor of the motion will rise and stand until counted. Nineteen. The gentlemen will be seated. Those opposed w r ill rise. Thirteen. The motion for a recess prevails. Mr. FOX. The committee on credentials will please meet in the west room. Recess of five minutes. Mr. PRESIDENT. The convention will come to order. The gentlemen will be seated. We will now proceed in the regular way until we come to the call for reports of committees, and aij. the proper time the special committee can report on the cre- dentials, but w T e will proceed under the head we were work- ing under at the time the recess was taken, which was the, presentation of resolutions, etc. Are there any to be presented? Mr. JEFFREY. Mr. President. Mr. PRESIDENT. The' gentleman from Laramie, Mr. Jef- frey. ^Mr. JEFFREY. Mr. President. It is well understood that most of the constitutional conventions that have been con- vened have had some warrant of authority conferred upon them; by acts of congress. We have behind us simply that most pow- erful of all agencies, the will of the people. In following out the manner of providing a constitution for the future state of! Wyoming, it has been seen fit to follow the provisions as laid down in Senate Bill No. 2,445. Among the provisions of that bill PROCEEDINGS AND DEBATES. ^ almost the first that we find, is one requiring Hint after or-^ ganization the delegates shall declare on behalf of the people of the proposed stale that they adopt the constitution of thq I'niied States. Therefore, with the consent of the conv several other things that it will be necessary for this convention to ordain and declare. They go- under the head of "ordinances." They are not a part of the constitution, strictly speaking. We have no committee on ordinances, and I was about to- move, as soon as I could learn the method of proceeding, that we amend our rules by establishing a committee on ordinances. Resolutions of this character would then go to such commit- tee. It seetns to me that such an important resolution ought not to be adopted without being first referred to a committee to examine carefully into its language, and report it back tot the convention with the recommendations of such committee. I think we ought to be very careful about this, as it strikes me that this is a matter of unusual importance. Mr. JEFFREY. Mr. President. Mr. PRESIDENT. The gentleman from Laramie, Mr. Jef- frey. Mr. JEFFREY. I wish to state by way of explanation that as has already been stated by my colleague, Mr. Potter, I have given this resolution a great deal of thought and consid- eration, and so far as possible the language of the act itself has been used. The section from which I read further pro* vides that "the constitution shall be republican in form, 11 etc. The evident intention of the provision is that this resolution shall be entirely separate and distinct from the ordinances re- ferred to by Mr. Potter, as will be seen by the further readiu't of this bill that "said convention shall provide by ordinances/ 1 etc. The declaration adopting the constitution of the United States, from the reading of this bill, we judge is a matter to be !56 CONSTITUTIONAL CONVENTION. passed upon by itself, and separate and distinct from the ordi- nances mentioned. That is the way that I take, and I thinltf that it is the general desire of the members of tills convention that in framing this constitution we should follow out as nearly as possible the provisions of this Senate Bill No. 2,445. Mr. CAMPBELL. If it is not out of order I would call for a second reading of that resolution, that we might understand its terms. Mr. PRESIDENT. The resolution may be read a second time. (Resolution re-read.) Mr. POTTER. If I am not out of order in speaking twice on the same subject, I ask the attention of the convention just a moment. Mr. PRESIDENT. Is there any other member of the con- vention wishing to speak on this proposition ? As no one seem* to desire to do so the gentleman will proceed. Mr. POTTER, I wish to explain why I think this ought to be referred. I don't think the word "proposed" ought to be in this resolution. I will read what was passed by the Colo- rado convention: We, the people of Colorado, with profound reverence for the Supreme Ruler of the universe, in order to form," etc. They do not say proposed state, but the people of Colorado. I think we ought to say the "people of Wyoming," instead of "pro- posed state." I think we ought to be exceedingly careful about this. Mr. SMITH. I would simply call attention again to the acl. If you will listen to the reading of this act it seems to me there is no question but what the wording of the resolution is as it should be. "After organization, shall declare on behalf of the people of the proposed state, that they adopt the- consti- tution of the United States," etc. While there is no question but what great care should be taken in this matter, as part of our action, it will be important it seems to me, and the safen plan for us to follow the language of this bill as nearly as w<* 'CP T' Mv. TESCHEMACHER. Mr. President, Mr. PRESIDENT. The gentleman from Laramie, Mr. 'Teschemacher. Mr. TESCHEMACHER. I don't see, Mr. President, why we are wasting our time on this subject. I d./n't suppose my colleague from Laramie thinks that until we have passed this ordinance we are unaTMe to go ahead with our work. The Tinted States congress only requires that before this constitu- tion is adopted, we shall pass such an ordinanace, but I see no reason why this ordinance should not be referred as well as any other. Under the rules, when any resolution is received, the chair is obliged to refer it, and under our rules I think this PROCEEDINGS AND DKHATIOS. ,57. resolution should he referred without spending any more time talking about it. Mr. JEFFREY. By way of explanation I will say that I do not wish to hurry this matter, but am willing that it ! re ferred wherever the chair may sc^ fit to refer it. MT-. PRESIDENT. The chair would sngest to the conven- tion that in his judgment we had better proceed regularly as far as we can under our rules. Xow we are proceeding under the head of the presentation of resolutions, propositions, etc. Under the rule, as I remember it, and I have 4 not had an oppor- tunity to re-read them, a resolution or proposition, when pre- sented may be read by the gentleman presenting the same, or it may be presented to the clerk and read by the clerk, but after that is done, then the matter is before the convention for action. A motion, however, to suspend the rules, if necessary and take the matter up for immediate consideration would bo in order. But to simply present a resolution and immediately move its adoption strikes the chair as being a little out of order under our rules, but I am not sure of it. Mr. JEFFREY. In order to avoid all misunderstanding, I withdraw that portion of the motion and merery offer the res- olution. Mr. PRESIDENT. The resolution is before the house. Are there any further propositions to be presented? Mr. CAMPBELL. I have here two propositions to present to the clerk. Mr. PALMER. I believe I presented some propositions, with the request that the clerk read. Mr. PRESIDENT. The propositions have been received and will be placed on file. Are there any further propositions? Mr. FOX. I understand by our rules that a proposition for a preamble shall be the last thing considered in the committee on the whole, but I think it might as well be introduced now an any time. In looking back to the source of all goodness and wis- dom, we are told that the "first shall be last and the last shall be first," and in this case I think we will be following out the Scriptural instructions by making the last first. I offer a res- olution. PREAMBLE. We, the people of Wyoming, grateful to Almighty (rod for the civil, political and religions liberty He has permitted us to enjoy, and looking to him for a blessing upon our endeavors to secure and transmit to succeeding generations a more inde- pendent and perfect form of government, establish justice, in- sure tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty, to our- selves and our posterity, do ordain and establish this consti- tution for the state of Wyoming. Mr. COFFEEN. I rise to make inquiry concerning the rules in their bearing on Mr. Palmer's resolution. He offered it, re- CONSTITUTIONAL CONVENTION. questing it to be read by title. I think under our rules these resolutions might all be read by title so that we might know what questions are -being; presented as they go to the table. Mr. PRESIDENT. As soon as the several propositions are upon the files, the chair will take them up in the order offered, calling the attention of the convention to them, and refer them to their proper committees. They may be read and disposed of as the convention sees proper, but we are now simply having them offered. Are there any other propositions or resolutions? Mr. BAXTER. Mr. President. Mr. PRESIDENT. The gentleman from Laramie, Mr. Bax- ter. Mr. BAXTER. I don't know that I am out of order, but I presume that I am. I learn through the Associated Press dis- patches that a convention is now in session in Santa Fe, N. M., representing the people of that territory, and engaged in a work similar to the one before us here, and it seems to me that it would be eminently proper for the representatives of the peo- r>le of this territory to send greetings to the people of New Mex^ ico, with such expressions that both territories be admitted soon as states, as they should be, as shall seem proper. I de^ sire to move that the chair be requested by the convention to send such communication. Mr. PRESIDENT. Will the gentleman put his motion or resolution in writing, and present it to the secretary? Resolution offered by Mr. Baxter. Resolved, That the president of this convention be re- quested to send to the president of the constitutional conven- tion of the territory of New Mexico, now in session at the city of Santa Fe, greetings of the people of Wyoming, and convey some expressions of the hope which we entertain that both Wyoming and New Mexico may at an early day be admitted as states in the union, as of right thev ought to be. Mr. CHAPLIN. Mr. President. Mr. PRESIDENT. Gentleman from Albany, Mr. Chaplin. Mr. CHAPLIN. I have a proposition to present, Mr. Presi- dent. Mr. PRESIDENT. Are there any further propositions or resolutions? Mr. HOYT. Mr. President. If it would be in order I would like to move an amendment to the standing rules by an increase of one of the committees. Standing committee No. 10, on Manufacturing, Commerce, Live Stock Interests and La- l)or, covers so wide a field, embraces so many important territo- rial interests, as well as the universal interest of labor, that it seems to me eminently proper to increase it from seven to ten so that each county may have a representative on this import- ant committee. Without offering a formal resolution, therefore, I move that the number of the committee be increased from seven to ten, and further ask that this matter be referred to the proper committee. PROCEEDINGS AND DEBATES. T r 9 Mr. PRESIDENT. Will the gentleman from Albany put his -motion in the form of a resolution, and offer it to the clerk that it may be considered. Resoution of Mr. Hoyt. Resolved, That the number of members of Standing Commit- tee No. 10, entitled Manufacturers. Commerce, Live Stock In- terests and Labor, is hereby increased to ten, in order that each county of the territory may be represented thereon. Mr. PRESIDENT. Are there any further propositions? The chair will take up such as have been presented. The sec- retary will please read. SECRETARY. The first proposition presented this morning is File No. 14, by Mr. Barrow, concerning "county seats, bounda- ries and divisions of counties." Mr. PRESIDENT. The secretary will read the proposition as presented. Mr. BURRTTT. Mr. President. Mr. PRESIDENT. The gentleman from Johnson, Mr. Burritt. Mr. BURRITT. Mr. President. I rise for the purpose of calling for the reading of all these propositions, and if the chair will allow me I will give my reasons for so doing. Mr. PRESIDENT. The'gentleman will proceed. Mr. BURRITT. Ordinarily, the presenting of these propo^ sitions where they are read by title alone, gives the members of the convention generally no idea of what they contain, and, we shall know nothing about them, have no chance to Hiink about them, to consider them, until they are returned to us from the committees. Some of us w r ill be so busily occu- pied upon the several committees upon which we are that we will not have time to think over these things. If read we will know just what they are about, perhaps have time to think them over, consult books and read up about them, with a view to voting intelligently upon them. In addition to this I am informed by the gentlemen of the press that it is not only their purpose, but their strong desire, to make reference in their daily reports of this convention to the substance of the propo- sitions that are introduced here, and I deem it of importance that if this can be. done and will be donet by the press, that it should be done, in order that some of these propositions, which may not meet with the approval of our constituents, may come to their knowledge. Otherwise, it might be too late for them to communicate with a good many of us. But if the substance of these propositions was printed in the morning papers they would reach almost every part of the territory, and if our con- stituents have any desire they will have an opportunity to writer us and let us know what their wishes and desires are in refer- ence to these matters. It may be that during this entire ses- sion there will only be six or seven or eight of these entire prop- ositions that our constituents at home will care to read or 160 CONSTITUTIONAL CONVENTION know anything about, but they may be very deeply interested in those six or seven, and I think it well worth the time that will be used. The gentleman from Laraniie, Mr. Potter, also suggests to m<> that we will not know, unless these are read, whether we want them printed or not, and it may be that somo of these matters may be deemed of such importance that we will want them immediately printed, and it is within the prov- ince of this convention, under the rules, to see that propositions are printed whenever they are so desired. Mr. PRESIDENT. I am looking at the rules which I have, here, but have not yet reached any part of them bearing direct- ly upon this question. I will undoubtedly do so shortly. I take it, if there is no objection, the propositions may be read at length. The clerk may proceed with the one now in hand. Mr. TESCHEMACHER. Mr. President- Mr. PRESIDENT. The gentleman from Laramie, Mr. Teschemaeher. Mr. TESCHEMACHER. Before we proceed further, I would like to rise to a question of privilege. It seems to me that we* are acting in a most extraordinary manner toward a gentleman who has credentials as a member of this convention. It seeina to me that when there are members present who have creden- tials to this convention that the rules ought to be suspended and the committee on credentials ought to be instructed to report at once. As we are working now, we are discussing im- portant questions, leaving one of our members sitting outside the bar of this convention. It is certainly a great lack of courtesy towards that member, although I understand that we are doing it under our rules as they are at present arrangod, I move that the rules be suspended and that the committee on credentials be requested to report immediately. Mr. CAMPBELL. I second the motion. Mr. PRESIDENT. The motion is made that the rules be suspended, and that the committee on credentials be requested, to report immediately. Are you ready for the question? All in favor of the motion will say aye; those opposed no. The ayes have it. The rules are suspended and the committee on credentials is requested to immediately report. .Mr. McrANDLISH. I have here the credentials of Mr. F. H. Harvey ,and the report of the committee on the same. Mr. PRESIDENT. The assistant secretary will read the report of the committee on credentials as presented. Report of committee on credentials. Cheyenne, Sept. C ; 3889. Mr. President: We, your committee on credentials, have examined the cre- dentials of Mr. F. H. Harvey, of Converse county, and do recom- mend that he be entitlted to a seat in the convention. G. W. FOX, Chairman. J. M. McCANDLISH, Secretary Pro. Tern. PROCEEDINGS AND DEBATES. 161 Mr. BAXTER. I move that the report of this committee be accepted and placed on file, and the gentleman, Mr. lLirv<-y, be sworn in. Mr. COFFEEN. I second the motion. Mr. PRESIDENT. It is moved and seconded that the re- port of the special committee on credentials be accepted and adopted, and that Mr. Harvey be sworn in and considered as* a member of this body. MY. FOX. I would state that this is the regular committee on credentials. Mr. PRESIDENT. Are. you ready for the question? All in favor of the question will say aye; those opposed no. The ayes have it- Will Justice Carroll be kind enough to come forward. Mr. Harvey is here sworn in. Mr. PRESIDENT. The clerk was about reading a proposi- tion; the reading will be proceeded with. I take it that it is unnecessary for the president to welcome specially any one member. I am sure from the vote of the convention, it be- ing unanimous, that we will all be glad to have Mr. Harvey with us. Had I been here yesterday morning I should have been glad to offer my congratulations to Major Baldwin, who comes here from Fremont county. The reading of the proposi- tion will be proceeded with. SECRETARY. File No. 14, by Mr. Barrow, "County Seats, Boundaries and Divisions of Counties." Sec. 1. The several counties of the territory existing at the time of the adoption of this constitution are hereby recog- nized as legal subdivisions of this state. Sec. 2. No new county shall be created with an assessed, valuation of less than thre, on Boundaries and Apportionment, an less atls- erwise ordered by the convention. It is so^ inferred, Mr. POTTER. If I am not too late, it seems to Bare-that it should be referred to Committee No. 12, on County.. City anal Town Orga niza tion . Mr. PRESIDENT. Perhaps it should. Does tire proposi- tion contain special reference to boundaries, etc:, Mr. Secretary?" SECRETARY. Reading: "County Seats, Boundaries- and Divisions of Counties." Mr. PRESIDENT. If it is so endorsed upon the back of the document and concerns these matters, it should go to the com- mittee on boundaries, although from the reading of it it would seem to refer more especially to theo rganiza tion of conn- ties than it does to boundaries. Mr. IRVINE. I agree with the president, I think the bill should go to the 'committee as referred by him. Mr. PRESIDENT. If there is no abjection, it will be re- ferred to No. 6, as the endorsement of the paper seems te^ in- dicate that committee. Mr. BURRITT. Mr. President. Mr. PRESIDENT. The gentleman from Johnson, Mr. Bur- ritt Mr. BURRITT. I second the nomination of Mr. Potter, the gentleman from La ramie. Mr. PRESIDENT. The chair has disposed of the matter, no motion having been made until after the proposition was referred. I will gladly recall that action, and refer the matter to the convention on the motion as made. Is there a second to the motion made to refer? Mr. BURRITT. I seconded the motion. ' Mr. PRESIDENT. A little tardy perhaps, but we wffl take it as made. Mr. PRESIDENT. The question is on reference of the proposition contained in file No. 14 (is it not, Mr. Secretary?) presented by Mr. Barrow. It is proposed to refer it to com- mittee No. 12, or\ county, city and town organizations. Are you ready for the question? All in favor of referring to com- mittee No. 12 will say aye. Mr. IRVINE. If the chair will allow me, and if I am permitted, and before the question is put, I would like to move an amendment to the motion. I do not think the chair heard me before. Mr. PRESIDENT. We will retrace our steps again, if there is no objection. I would be glad if members in address- ing the chair would speak loud enough so I could hear them, as I do not desire to pass over anyone without giving them* proper attention and courtesy. PROCEEDINGS AND DEBATES. 163 Mr. IRVINE. Knowing the intention of the gentleman who presents the proposition, I should be very glad if I am allowed to make an amendment. Mr. PRESIDENT. The matter is before the convention for their disposition. Mr. IRVINE. As I said before', knowing the gentleman's purpose in offering the proposition, I move to amend the motion as made by the gentleman from Laramie, by moving that in stead of referring to the committee mentioned by him, I for- get the number, that the matter be referred to committee Mo f>. Mr. PRESIDENT. The chair thinks that perhaps that would come within the line of the amendment. Is there a second to the motion? Mr. HARVEY. I second the motion. Mr. PRESIDENT. The original motion was to refer this matter to committee No. 12. A motion is now made to amend by referring to committee No. f>. The first question is upon the amendment. Are you ready for the question? Mr. BURRITT. I rise to a point of order. The amendment is not in order. Under the rules, any member of the conven- tion may suggest a committee on a motion of reference, and further the rules provide the order in which the votes upon the reference shall take place. Mr. PRESIDENT. Will the gentleman refer to the rule under which he raises his point of order. Mr. BURRITT. If the chair will lend me the rules I will soon find it. Mr. PRESIDENT. Here is a copy of the rules which a gentleman of the convention has loaned me. Mr. BURRITT. Mr. President. Mr. PRESIDENT. The gentleman from Johnson. Mr. BURRITT. Rule 33 provides, "when a motion is made to commit to a committee of the whole convention, or to a standing committee, it shall not be in order to amend such motion by substiting any other committee, but if any com- mittee shall be suggested the motion shall be put upon the committee first named, and afterwards upon the committee or committees suggested in the order in which they are named; but a motion to refer to a committee of the whole convention, to a standing committee or to a select committee, shall have precedence in the order here named." Mr. PRESIDENT. The point of order seems to be well taken. Mr. IRVINE. I believe that the point is well taken, and I rise therefore to a question of privilege. I simply wish to state to the convention that I am absolutely sure that the in- tention of the drawer of the proposition is to take care of eoTmtv boundaries. That is the intention of the drawer of 164 CONSTITUTIONAL CONVENTION. the proposition I know. If there is any such rule whereby a proposition can be handicapped by jumping it out of its proper committees I think we had better amend the rules. Mr. POTTER. My object in making the motion was not to take this from its' proper committee, but to put it where, in niy judgment, it belonged. If in the judgment of this body I am wrong, I am perfectly willing that it should go to some other committee. It makes no difference where it goes so it is referred to the proper committee. But it seemed to me that the other was the appropriate committee by reason of its reference to these matters. The reading of that propo- sition referred entirely, in my opinion, to the organization of counties and the changing of county seats, which is included in the organization of coun- ties; it did not seem to me that boundaries was the subject matter of it. I have not the slightest desire to take it away from its proper committee, and if it belongs to the committed on boundaries, I am perfectly willing that it should go there. I simply made the suggestion for that reason. Mr/CONAWAY. I think that the different views of the different members of this convention on the question as to what committee is the proper and appropriate one to takQ charge of this resolution, arises from the fact that it contains some matter which might properly go to the committee on boundaries and apporionment, and also other matters that might properly go to committee No. 12, on county, city and town organization. There is matter there relating to the apportion- ment of indebtedness on the organization of new counties which would properly go to Committee No. 6. And with the organiza- tion of a new county ; again, it is always necessary to establish boundry lines, and that matter would properly go to Commit- tee No. 6. However, there is other matter in the proposition in regard to the organization of new counties, which it seems to me would properly come under Committee No. 12, in regard to County, City and Town Organizations. If the proposition is so drawn in sections that portions of it can be referred to one committee and portions to another, I presume that that 1 would be the proper course. Otherwise, I presume it is not of very much importance which committee it is referred to, as in either case the comnlittee will simply consider it, report it back to the house with their recommendations and it will ulti- mately get into the hands of the committee where it belongs. I merely suggest that if it is drawn in sections so it can be di- vided, portions of it can go to each one of these committees. Mr. CAMPBEI-L. Question. Mr. PRESIDENT. The chair will explain briefly to the con- vention the idea which he had in view in referring this to Com- mittee No. 6. It seemed to me that the main substance of this proposition was upon the organization of counties, and not county boundaries, as suggested by the gentleman from Lara- I'KOCEEDLNGS AND DEBATES. ^5 mie. There are also portions which contain important mat- ters, or features, relating to county boundaries. My idea in re- ferring it to the committee cn. county boundaries was- that they might consider it in their own way and report; The matter would then be before the convention to be disposed of as they thomrht best, and as it contained matter which should be con- sidered by No. 0, that committee in their report, if they choose, could recommend to Committee No. 12 so much of it as would properly go to that committee for their consideration. How- ever, the chair is very glad to have the suggestions of the members as to the disposition of the matter in the way they feeo fit. I will read the rule, so that we may act understanding- ly on the subject before putting the question. Rule No. 33. "When a motion is made to commit to a committee of the whole convention or to a standing committee it shall not be in order, to amend such motion by substituting any other committee, but if any committee shall be suggested the motion shall be put upon the committee first named and afterwards upon the com- mittee or committees in the ordar in which they are named; but a motion to refer to a committee of the whole convention, to a standing committee or to a select committee, shall have precedence in the order named. The suggestion of the chair does not count, so the first question is, shall the matter be referred to Committee No. 12, and should that motion not prevail then the motion will be upon referring it to No. 6, and in that order. The chair will now put the motion. The question is as to the reference of this matter to Committee No. 12. Are you ready for the question? All in favor of the motion will say aye. Those opposed no. The ayes seem to have it. A division is called for, so all in favor of the motion will rise to their feet and stan. If that is the case, I suppose he< simply means to give notice that to-inorrow he will move the adoption of the reso- lution to amend rule six to that effect. An amendment of the rules would be necessary in order to increase the num- ber of the committee. Mr. PRESIDENT. If there is no objection to action being taken now, the rules might be suspended. Does the gentle- u inn from Johnson raise a question of order? Mr. BURRITT. I cannot do otherwise since the chair has established so good a precedent to holding us down to our rules. It might be that someone else might want something of more importance changed in the same informal and irreg- ular way, and it will be much better to adhere to our rules. Mr. PRESIDENT. Does the gentleman insist upon his point of order? Mr. BURRITT. I do. Mr. MORGAN. Mr. President. Mr. PRESIDENT. The gentleman from Laramie. Mr. Mor- gan. Mr. MORGAN. I wish to give a notice about committee No. 2. Will they please meet immediately after adjournment^ it will take but a moment or two. Mr. PRESIDENT. The gentleman from Albany, Mr. Hoyt. Mr. HOYT. If the menders who desire to adjourn prompt- ly will delay a moment, I have a motion which I would like to make. I think it is a matter of convenience that we have before us the standing committees, and I move therefore, that the committee on printing, having in charge the printing of the standing rules, order the standing committees printed upon cards, so that they might be placed before us or carried about with us already for use. It would be a great conven- ience. Mr. COFFEEN. P>efore that motion is seconded, I would suggest that the committee who have in charge the printing" of those standing rules and committees, be instructed to have them printed, whether on cards or in some other form., as- hastily as possible, so that we may have them. I make no- motion, but simply make the suggestion. Mr. HOYT. The point I make is that if we have them printed in pamphlet form it will not be so convenient, they are liable to get lost; whereas if printed on a card it would takr up but a small space, and could be tacked upon our tables always before the eye. Mr. PRESIDENT. The chair hears no second. Mr. SUTHERLAND. I second the motion. Mi'. HAY. I will explain, as a member of the printing* committee, that the* committee has ordered the st: Hiding com- mittees to be printed in connection with the rules as was sug- PROCEEDINGS AND DEBATES. i^! gested the other day. Now this idea of putting them on cards, if carried will be an additional expense, and we shall have to ask 'Mr. Slack to hold the matter in form so they can be printed on cards if the convention so order, tout it seems to me that we might perhaps wait until we see the others. Mr. PRESIDENT. I was about to make the suggestion that in printing these committees in this way, I suppose the matter is already set up as it will be printed in with the rules, and it could be placed upon a card with little if any expense additional. I think it would be a matter of some convenience. Mr. MORGAN. I rise to suggest this. The gentleman from Albany has made a motion increasing the number of members on one of the committees. If this action can be postponed we could have the cards printed with the com- mittees as increased, if this motion prevails. It is to be held in type a day or two, and we could then have the cards with the committees as changed, if desired. Mr. IIOYT. It is not a matter which need be pressed. I simply thought it a matter of convenience, and if we had the committees before us any corrections in three or four names could be made in by pen by each member at his con- venience. Mr. POTTER. I just Avant to bring up the matter of our not having any pages. I am informed by some of the Albany delegation that Corlett Downey will not attend the conven- tion. It was so announced in the convention yesterday. A name has been mentioned to me /by a citizen of this town of a young gentleman who will attend the convention just as soon as he is wanted, if he is elected page. I am perfectly willing- to let this matter wait until this afternoon, but if we could get him here this forenoon I think he might be of some service. The young gentleman is Fred Hauifschmidt. Mr, McOANDLISH. I insist upon my motion to take a recess until two o'clock this afternoon. Mr. CAMPBELL. Second the motion. ( 1 RAIR, The motion is insisted upon. All in favor of taking' a recess until 2 o'clock this afternoon will say aye; those opposed, no. The ayes have it. The convention will take a recess. Friday afternoon,' Sept. 0, 1880. Oonventiou reassembled at 2 o'clock. President Brown presiding. PRESIDENT. Come to order. Gentlemen: At the moment of taking a recess this morn- ing we were working- under our rules on the presentation of resolutions, propositions, etc. I have now on my table a let t IT addressed to the chairman of the convention, by a former ident of this territory, now residing in Missouri. lie makes a suggestion as to the name of the new state. II' there is no 17.2 CONSTITUTIONAL CONVENTION. objection I 'will present the communication to the secretary to be read. 'There being no objection the secretary will read. "Lexington, Mo. Sept. 3, 1889. '"B. S. Elliott, President and Members of the Wyoming Con- stitutional Convention, Cheyenne. "Dear Sir: As an old resident of Wyoming and a member of her first legislature, it will not seem out of place for me to express my interest in your proceedings, and my best wishes :for the success of the new state. The name of a state has much to do with its future fort- unes, and if the new state is to be named after a county it would seem to me much better to name it after one of your own counties than after a county in an eastern state, as it is now named. ITinta is a much prettier name than Wyoming, and is one that belongs to your locality and was not imported from the east. Wyoming was chosen for you when helpless. "When you become full fledged freemen choose your own name. 'There are many other pretty aboriginal names that belong to the- west, but it would be hard to find a more suitable and pleasant sounding name than IJinta, spelled with five letters. "With many wishes for the prosperity of the new state, I "have the honor to be, my dear sir and gentlemen, (Signed) "GEORGE WILSON, "Memjber of the Council, First Legislature. Mr. PRESIDENT. As the preamble to be adopted for our constitution will necessarily contain a name, if there is no ob- jection, this letter will be" referred to that committee, as a suggestion that they may consider. Mr. REID. I move the communication be laid on the ta- ble. Mr. CAMPBELL. I second the motion, Mr. President. Mr. PRESIDENT. It is moved and seconded that the communication just read be laid on the table. Are you ready for the question? All in favor of the motion will say aye; those opposed no. The ayes have it. The communication is laid on the table. Mr. PALMER. Mr. President. Mr PRESIDENT. The gentleman from Sweet water, Mr. Palmer. Mr. PALMER. Mr. Preston, of Fremont, asked me to state to the chair that he is necessarily absent today; and will also be tomorrow, and asks that the convention excuse him, and I therefore move, Mr. President, that Mr. Preston be excused until Monday on attendance on sessions of this convention. Mr. McCANDLISH. Second the motion. Mr. PRESIDENT. Without putting the motion formally Mr. Preston will be excused unless there is objection. There being iioin* the record will so show that Mr. Preston is excused. PROCEEDINGS AND DEBATES. ,^ / o> Gentlemen of the convention, I have some further commu- nications upon the table. One from His Excellencj', Governor F. E. Warren, of the territory, sending to me, as your chairman,, certain letters from senators and representatives in congress. I will present them to the clerk to be read if there is no ob- jection, and disposed of as the convention may see fit. "Executive Department, Cheyenne, Wyo., Sept. 3, 1889. "Hon. M. C. Brown), President Constitutional Convention, Cheyenne, Wyo. "Dear Sir: I am in receipt of a letter from Henry B._ Black yvell, of Boston, regarding woman suffrage in the Wyo- ming constitution. He encloses letters from IT. S. Senator- Henry W. Blair, of New Hampshire; Ex-Governor of Massa- chusetts John D. Loner, and Member of Congress T. B! Reed r of Main. "The three letters I herewith enclose you for any use yoir may desire to make of them during the convention. "Very Truly Yours, "FRANCIS E. WARREN." "IT. S. Senate, Washington, D. C., August 21, 1889. "Henry B. Blackwell, Cor. Sec'y Am. Woman's Suffrage Asso. "Dear Sir: The most common argument urged by the op- ponents of woman suffrage to a national constitutional amend- ment, giving suffrage to women, is that the whole subject be- longs to the states and to the people of the states. Always-, in debate they tell us to go to the states and fight out the bat- tle there. "Hence all must see, that you are pursuing the very course- they pronounce the proper one, in your efforts to secure the suffrage for women in the formation of the constitutions of the- new states. There is not the slightest ground to apprehend their rejection should these states apply with woman suffrage in their constitutions. "There is a very general willingness that the experiment be tried, even by those who have no faith in the result. Tried' it must be and the sooner the better. "Truly Yours, "HENRY W. BLAIR." "Portland, Me., Aug. 21, 1889. "My Dear Sir: There is no danger that the admission of Wyoming will be hindered in the least by putting woman suf- frage in the constitution. Very Truly. "T.*B. REED, "To Henry Blackwell, Cor. Sec'y Am. W. S. A." CONSTITUTIONAL CONVENTION. "Law Office of Allen, Hemenway Long, Boston, Mass., Aug. 23, 1889. Dear Sir: In my judgment, if Wyoming adopts a woman suffrage constitution, congress will recognize and respect the right of the people of the territory to regulate and determine the question of suffrage for themselves, and would not refuse them admission as a state on that account. "Yours truly, "JOHN D. LONG. Henry B. Blackwell, Esq. Mr. PRESIDENT. Gentlemen, what will yon do with the papers? Mr. HOYT. I move their reference to the committee on suffrage, elections arid qualifications to office. GENTLEMAN FROM SWEETAVATER, I move that the matter be laid on the table. I offer this as a substitute to that motion. Mr. PRESIDENT. My recollection is that the motion of the gentleman from Sweetwater is not in order. The motion is not seconded I believe. The question will be on reference to the committee named. I believe it is No. 5. All in favor of reference to this committee will say aye; those opposed, no. The ayes have it. The communication will be referred to committee No. 5. Reports of standing committees. Are there any matters to be reported? Are there any reports ready from the stand- ing committees? Mr. CHAPLIN. Mr. President. Mr. PRESIDENT. The gentleman from Albany, Mr. Chap- lin. Mr. CHAPLIN. I have a report from the committee on printing. Mr. PRESIDENT. The secretary will please read. (Reading of report. See journal page 30.) Mr. CHAPLIN. I will state that it is just the original prop- osition made y Mr. Slack. Mr. PRESIDENT. What will you do with the report of your committee, gentlemen? Mr. MORGAN. I wish the chairman of the printing com- mittee would state which, all things considered, is the best proposition. Mr. PRESIDENT. I myself would like to hear the report read again. It is short, and I did not quite understand it. The secretary will please read, and then we will got such instruc- tions as we can. (The secretary re-read the report of the printing commit- tee.) Mr. CHAPLIN. The committee did not deem it advisable to make any recommendation; the three bids show for them- selves. Mr/ Slack's bid is the lowest, and they did not deem it PROCEEDINGS AND DEBATES. ,75 advisable to make any recommendation, but to give the bids to the convention and let them make the bid and take the re- sponsibility. Mr. HAY. I would say that as we had no rules we did not know what authority Ave had, or just what our duties were, and for this reason we thought it better to refer it to the con- vention. Mr. COFFEEN. I myself yesterday spoke on a motion pi-e- venting this matter going into contract until bids should be had, but now that the bills are all before us here, with esti- mates and explanations, I move the contract be let to the low- est bidder, which I understand to be The Sun office. Mr. IRVINE. I second the motion. Mr. CAMPPELL. I would suggest to amend that so as to provide that The Sun furnish us seventy-five copies, the saun- as Bristol & Knabe. The Sun's bid contains no expression as to the number of copies to be furnished this convention. Mr. OOFFEEN. I accept the amendment. Mr. JOHNSTON. Would it be policy to confine it to seven- ty-five copies. In some cases during the sessions of the legis- lature, copies of certain bills were in demand; copies were re- quired for members to send to their constituents. Would it not be policy to make provision for more than seventy-five cop- ies of bills which are of more than ordinary importance. Mr. HAY. I would state that the specifications furnished to the committee provide each one for seventy-five copies. I did not notice that The Sun bid did not state the unmber, but the bid is made with that distinct understanding. Your com- mittee went to each of the printing offices, and each man put it down himself in Avriting. In regard to increasing the number it seems inadvisable. If we find any special bills or resolutions of which there will be more than seventy-five copies required, it would be better to have a few extra copies printed, rather than print a hundred copies of every one. In every case there will be some twenty or more extra copies, and in my judgment it seems unnecessary to print one hundred copies if seventy-five will answer. Mr. PRESIDENT. The question is now to decide the mo- tion that the contract of printing be awarded Mr. Slack upon his bi'd, it being understood that he is to print! in; all cases seventy-five copies not less than that. Are you ready for the question? All in favor of the motion will say aye; those op- posed no. The ayes have it. The motion prevails. The committee, I suppose, are now authorized on this vote of the convention to inform Mr. Slack that his bid is accepted and the contract considered made under the terms indicated by his bid and the communications of the committee. Are there any further reports from standing committees? Mr. NICKERSON. The committee on ways and means have a report. It is a special committee. 7 6 CONSTITUTIONAL CONVENTION Mr. PRESIDENT. I suppose this committee on ways and' means is practically a special or select committee. Reports, from select committees are now in order. (Reading of report. See journal page 31.) Mr. CAMPBELL. Mr. President. I move the report be accepted. Mr. BAXTER. I second the motion. Mr. PRESIDENT. Gentlemen of the convention, it is moved that the report of your ways and means committee be ac- cepted. I believe that was the extent of the motion which you -.ire- to approve. The question before the convention is as to the employment of a stenographer as recommended by the com- mittee, under her proposition. Are 3^011 ready for the question?" All in favor of the motion will say aye ; those opposed no. The ayes have it and the motion prevails. Mr. POTTER. Mr. President. Mr. PRESIDENT. The gentleman from Laramie. Mr. POTTER. I have a resolution which the secretary will please read. (Reading of resolution. See journal page 31.) Mr. McCANDLISH. I will just ask what number commit- tee that was. Mr. PRESIDENT. To amend rule No. 6, by substituting an additional committee to be known as the committee on ordi- nances. I believe that is the language of the document. Mr. PRESIDENT. Is there any further business to come before the convention this afternoon for its consideration?" There is nothing on the table. Mr. POTTER, Just before recess I mentioned the f act- that a young man named Fred Haufsmith w 7 ould be present and accept the office of page, if he was elected, and I stated that I had inquired of the Albany county delegation and learned that Oorlett Downey would not be present. If that is the case Ave might elect another page if we are in a position to do it, and the appointment is still open. Mr. PRESIDENT. On the authority of Corlett Downey's father my recollection is that I stated to the convention that he could not serve and wished to be excused from occupying- the position. I suppose that the action of the convention ac- cepting his resignation would be in order, and the election of another person to take the position. I understand that the communication from his father was practically a resignation of the office to which* he was elected. Mr. POTTER. I move that his resignation be accepted. GENTLEMAN FROM SWEETWATER. I second the mo- tion. Mr. PRESIDENT. It is moved and seconded that the resig- nation of Corlett Downey as a page of this convention be ac- cepted. All in favor of the motion will say aye; those opposed PROCEEDINGS AND DEBATES. 177 no. The ayes have it and his resignation is accepted. The po- sition is now open to be filled by the nomination of some other person. Mr. TOTTER. I nominate Mr. Fred Hanpsmith of Chey- enne. Mr. PRESIDENT. Will you please speak the name again. Mr. POTTER. Fred Haupsmith. Mr. PRESIDENT. Mr. Fred Haupsmith is named for the position of page. Do you desire to take a ballot upon the nom- ination or declare his election by acclamation? Mr. CONAWAY. There seems to be no other nomination, so I move that Mr. Haupsmith be elected page by acclama- tion. Mr. REID. Second the motion. Mr. PRESIDENT. Moved and seconded that Mr. Fred Haupsmith be declared elected page by acclamation. All in favor of the motion will say aye ; those opposed no. Mr. Haupsmith stands elected as page of this convention. Mr. CONAWAY. Mr. President, as there seems to be nothing before the convention, and I don't wish to make a mo- tion, but ask your indulgence for a moment merely. I wish that the members of the committee on judiciary will please remain in the room a few moments after adjournment in order that we may make some arrangements for meeting and de- ciding what place to meet in. I don't know where we will meet, but if they will remain here we can make the necessary arrangement. Mr. JEFFREY. Mr. President, I would make the same request of the gentlemen on committee No. 5. Mr. MORGAN. Committee No. 2, I notified most of them this morning, and they will please meet after adjournment in this room for a moment. Mr. JOHNSTON. Committee No. 8 are requested to meet after adjournment in the room to the right, GENTLEMAN FROM SWEETWATER. I wish to ask what was done with the resolution offered by Mr. Jeff ivy this morning. Mr. PRESIDENT. It was referred to committee No. 1, and I presume the committee will be ready to report on that resolution at a very early date. Mr.CONAWAY. I move we adjourn until ten o'clock to- morrow morning. Mr. McCANDLTSH. I second the motion. Mr. PRESIDENT. It is moved and seconded that we ad- journ until ten o'clock to-morrow morning. All in favor of the motion will say aye ; those opposed, no. The ayes have it. The convention will adjourn. 12 j^S CONSTITUTIONAL CONVENTION. SIXTH DAY. MORNING SESSION. Saturday, Sept. 7th, 1880. Convention assembled at ten o'clock, President Brown pre- siding. Mr. PRESIDENT. Convention will come to order. The messenger will please notify the committees that may be in session in the committee rooms that the convention is called to order. Prayer. Mr. PRESIDENT. The assistant secretary will please call the roll. Roll call. Mr. FOX. Mr. President, I have here the report on the credentials of Mr. Hopkins of Sweetwater county. The com- mittee presents it. Mr. PRESIDENT. I believe it is already reported that Mr. Hopkins is entitled to a seat on the floor, the only ques- tion now is to his being sworn in. Is Justice Carroll present, or has he been notified to appear? Mr. MORGAN. I believe he has been telephoned for. Mr. PRESIDENT. There are several gentleman absent, and under our rules they should be excused. Are there any absentees who have not been excused? Mr. HOLDEN. Mr. President. Mr. PRESIDENT. The gentleman from Uinta, Mr. Holden. Mr. HOLDEN. I wish to say that my colleague, Mr. Foote, was called away yesterday very unexpectedly. Mr. PRESIDENT. Mr. Foote of Uinta, Mr. Clark of Al- bany and Mr. Vagner, already stand excused. Are there any other absentees? Mr. SMITH. Mr. Ferris is compelled to be absent. Mr. PRESIDENT. Are there any others? Mr. HOLDEN. I move that Mr. Foote be excused until such time as he returns. Mr. PRESIDENT. Are there any others absent who have not been excused? SECRETARY. None, Mr. President. Mr. PRESIDENT. Is there any objection that these gen- tlemen named should be excused until they shall appear next week? There seems to be no objection, and the record will show that they are excused. As soon as Justice Carroll appears, if one of the members of the convention will call my attention to his presence if I should happen to overlook him, Mr. Hopkins can be sworn in. PROCEEDINGS AND DEBATES. 179 The assistant secretary will proceed to read the journal of yesterday. (Beading of the journal of the fifth day.) Mr. PRESIDENT. Are there any corrections to be made an the journal of yesterday? The chair noticed no errors. The record will stand approved as read, if there be no objec- tion. Mr. CHAPLIN. I wish to notify the chair of the presence of Justice Carroll. Mr. COFFEEN. Mr. President. Mr. PRESIDENT. The gentleman from Sheridan, Mr. Coffeen. Mr. COFFEEN. I was going to raise, the question con- cerning whether these outside matters need be put bodily into our records. It seems to me that mention might be made of them, but it does not seem to me that thfejy need be put bodily into the records. Mr. PRESIDENT. It was the opinion of the chair that these matters should riot perhaps be read from the journal, even if they are in it. It is hardly necessary to trouble the convention to listen to these communications from time to time, w r hen they have been once read and disposed of in the convention. There are some communications, perhaps, which the convention might order spread at length upon the record, and they would then become a part of it, but reference in the record of the presentation of certain letters it seems to me would be sufficient, and particularly it seems to me where the convention lays such communications on the table in a rather summary manner. However, these communications have been incorporated in the records, they have been read to the convention, and there was no other disposition to be made of them without some motion by the convention, I take it. The secretary has placed them on the record, as it Is entirely his duty to do, having no instructions to do otherwise. Mr. SMITH. The communication referred to in regard to changing the name of Wyoming, I think should be left out. I think if that man was to come out here we would take him out on the Sweet water. I therefore move that that part be expunged from the minutes. Mr. RUSSELL. I ask that the gentleman speak out so we can hear. We can not hear what he says. Mr. HOYT. If I am not out of order, I desire to suggest just here whether it would not be well in cases where com- munications which are quite lengthy have been once read in the hearing of the convention, would it not be sufficient here- after in reading the proceedings of the day previous, to sim- ply refer to them under some heading or title. It strikes me time is too valuable to be spent in reading communications which were laid on the table, or disposed of in some like manner; it seems to me a mere reference to the subject, that it has been laid before the convention would be sufficient. I So CONSTITUTIONAL CONVENTION. Mr. JEFFREY. While we are on this subject I may as well direct attention to the fact already referred to by the chair It must be apparent to the convention that the secretary la- bors under considerable difficulty. He cannot decide as to what documents shall be spread upon the journal and what shall not. I think that should all be covered by motion or reso- lution of the convention itself, to the effect that all communi- cations from the outside shall be referred to merely in the journal, unless ordered spread at length on the journal by the convention itself. It would relieve the secretary of a great- deal of trouble, and I believe would be perfectly satisfactory to all. At the proper time I suppose a resolution will be passed to that effect. As to the other question of reading these docu- ments, hereafter the secretary unless otherwise instructed by the convention will merely refer to them unless the reading is called for. Mr. PRESIDENT. This was not intended to be any reflec- tion upon the secretary, but merely an inquiry of the chair, and a suggestion to the convention, as to whether we could not proceed in just such a way as the secretary. I do not suppose it will be necessary to offer a resolution to that 'effect. I belive it is the desire of the convention that such communications shall not be spread upon the journal at length unless so ordered by the convention. The chair will so hold in future, and unless the convention direct otherwise no communication shall be spread upon the journal of the convention. Mr. COFFEEN. I wish to ask for information. That will merely refer to communications received from the outside? Mr. PRESIDENT. Yes. Whenever any communication is received which some member of the convention desires to ap- pear at length upon the records, he w r ill only have to say so. Mr. COFFEEN. Mr. President. I presume that matter is now well understood and disposed of. I would call the atten- tion of the chair to the fact that Justice Carroll is now in the room and ready to swear in Mr. Hopkins, and ask the unani- mous consent that he be at once sworn in. Mr. PRESIDENT. Is there any objection or changes to be made in the record as it now stands? If not! it will stand ap- proved. The chair hears no objection and the record will stand approved. Mr. Justice Carroll if present will please come forward and administer the oath to Mr. Hopkins, of Sweetwater. (Swearing in of Mr. Hopkins.) Mr. PRESIDENT. Mr. Hopkins, we are very glad to have you among us as a member of this convention, will you please take your seat. SECRETARY. I would like to hear the order of the con- vention in regard to these letters, Mr. President, Mr. PRESIDENT. The records stand approved; no order was made. PROCEEDINGS AND DEBATES. r 8i Gentlemen of the convention, the sergeant-at-arms informs me that be has received from the librarian a sufficient number <)f copies of the Revised Statutes to supply each and every member. If there is anyone who has not received a copy of the Revised Statutes they can get it at any time by calling on the sargeant-at-arms, who will be glad to deliver them. I have a communication from Ex-Secretary Shannon, offer- ing thanks to the convention for their kindness in offering him a seat upon the floor. The secretary may read. Cheyenne/ Wyo., Sept. 6, 1889. My Dear Sir: I have the pleasure of acknowledging the receipt of a noti- fication that the honorable body over which you preside ex- tends to me the "privileges of the floor." I cordially appreciate the courtesy, feelin an earnest inter- est in the work before it. God guide, speed and crown with happy fruition the labors of Wyoming's constitutional convention. Very respectfully, S. D. SHANNON. To HON. M. C. BROWN. Mr. PRESIDENT. I have also received from Mr. John T. Tit comb, deputy state engineer of Colorado, copies of his fourth biennial report. He sends them to the convention with his compliments, for the use of the convention. It is a report upon irrigation; there are extensive maps and they may be of great use to the committee on irrigation. I have them upon my desk and the convention can make such disposition of them as they choose. Mr. REID. I move that we receive them and that the thanks of this convention be sent to Mr. Titcomb. Mr. COFFEEN. I would second the motion, with this amendment, "and referred to the committee on irrigation, where they properly belong." Mr. PRESIDENT. Gentlemen, the motion is that they be received, referred to the committee on irrigation, and that the thanks of this convention be tendered Mr. Titcomb for his kindness in sending these records to us. Are you ready for the question? All in favor of the motion will say aye; those op- posed no. The ayes have it, the motion is carried. Mr. BAXTER. Mr. President. Mr. PRESIDENT. The gentleman from La ramie, Mr. Bax- ter. Mr. BAXTER. I find upon my desk a copy of this morn- ing's Leader, and I also see the other members of the conven- tion are supplied. I am informed that it is the intention of Mr. John F. Carroll to compliment the convention during its sittings by supplying each member daily with a copy of the Leader. I move that the thanks of this convention be extended to Mr. Carroll for the courtesv extended. lS2 CONSTITUTIONAL CONVENTION. Mr. HOYT. I second the motion. Mr. PRESIDENT. The gentleman from Johnson. Mr. P.URRITT. I simply rose to second the motion, Mr. President. Mr. .PRESIDENT. It is moved and seconded that the thanks of this convention be tendered to Mr. Carroll, of the Leader, for his kindness in supplying each and every member of the convention with a copy of the Leader. Are you ready for the question? All in favor of the motion will say aye; those opposed no. The ayes have it and the motion prevails that the thanks of this convention be tendered Mr. Carroll for his kindness and courtesy. Py vote of the convention yesterday the special order of today was the presentation of resolutions, propositions, etc. The only order named in our rules in the regular order of busi- ness for the day is the presentation of petitions and memo- rials. Under that head the chair takes it propositions and resolutions may also be presented. Under this general head perhaps we may proceed with the special order at this tune, and receive propositions. Mr. BAXTER. I have several propositions which I wish the clerk to read. Mr. POTTER. I have some propositions to submit. Mr. GRANT. I have some Dispositions. Mr. TESCHEMACHER. I have a proposition to submit, Mr. PALMER. I have some propositions to submit. Mr. BURDICK. I have two propositions to submit, Mr. FOX. I have a couple of propositions to submit. Mr. PRESIDENT. Are there any further propositions or resolutions; any memorials or petitions to be offered? Mr. MORGAN. If there is no other business under the head of resolutions, memorials, etc., to be attended to, I pre- sume any unfinished business or resolutions offered would properly come up. The gentleman from Albany. Mr. Hoyt, offered a resolution yesterday. Mr. HOYT. Yes, a resolution for the increasing of Commit- tee No. 10. Mr. PRESIDENT. I have the resolution before me and it will be taken up for action. Perhaps we may proceed with it now. Mr. TESCHEMACHER, Are we working under the spe- cial order? Mr. PRESIDENT. We are. Mr. TESCHEMACHER. I judge then that my colleague's motion is out of order. Mr. MORGAN. Is it not a resolution? Mr. TESCHEMACHER. I would like to state my point. This is an amendment to the rules. It might cause a great of discussion, and take up our entire morning here. We PROCEEDINGS AND DEBATES. 185 have made the special order of the day the receiving of propo- sitions and resolutions, and I think we ought to follow it up. Mr. PRESIDENT. That is the understanding of the chair, and the point is well taken. I simply intended to announce to the convention that this resolution would come up in its regular order, when the proper timej arrived, inasmuch as we have made the receiving of propositions the special order of the day, I think we had better adhere to that. As there seems to be'no further propositions to be sent up at this time, the clerk will begin to read in the order they were presented. Mr. HOYT. I understood resolutions might be presented as well as propositions, in regard to the constitution. Mr. PRESIDENT. The special order was for the presen- tation of resolutions and propositions for the constitution. The clerk will read. SECRETARY. By Mr. Baxter: Concerning the oath to be required of all civil officers. Every civil officer, except members of the general assem- bly, shall, before he enters upon the duties of his office, and at the time of qualifying for the same, take and subscribe an oath or affimation, to support the constitution of the United States and of the state of Wyoming, and to faithfully discharge the duties of the office upon which he is about to enter, to the best of his skill and ability, and that he has not directly or indirect- ly, by bribery, the corrupt use of money, menace, promise of reward, or other corrupt means or devices whatsoever, sought or secured his election or appointment to said office. Every member of the general assembly shall before he enters upon the duties of his office take a like oath or affima- tion, the same to be administered to him in the hall of the house to which he shall have been elected. Any civil officer or member of the general assembly having taken the oath or affimation herein required of him who shall be found guilty of having sworn or affimed falsely in that re- spect and convicted thereof shall be deemed guilty of perjury and punished by imprisonment at hard lalbor in the state pen- itentiary for a period of not less than one year nor more than ten years and by a fine of not less than one thousand dollars nor more than ten thousand dollars, and forever thereafter shall be disqualified from holding any office of trust or profit in this state. Mr. PRESIDENT. Is there any motion? Mr. POTTER. I move that it be referred to the printing committee and ordered printed. Mr. BAXTER. I do not rise to second the motion. I simp- ly want to ask what the printing committee propose to do with it. I want to see that it gets into the hands of the proper com- mittee. I think it is a matter of great importance. Mr. PRESIDENT. Rule 25 reads as follows: "Every peti- tion and memorial shall be referred on motion without putting 184 CONSTITUTIONAL CONVENTION. the questiop tor that purpose unless the reference be objected to by a member at the time of its presentation. No petition or memorial or other matter shall be printed without the special order of the convention/' Nmv T suppose this proposition might be referred to its proper committee, and at the same time, by motion, ordered printed It would then go into the hands of the printing com- mittee for printing, and at the same time would be returned by them to the proper committee to which it was referred by the convention. Mr. POTTER. That is satisfactory to me. I had no wish of delaying action. My idea was simply this. There are a great many of these propositions, some of which perhaps are quite important, and we cannot keep track of them. There may be several propositions bearing upon the same question, and unless printed we cannot remember them. That is my idea. Mr. FOX. I think the proper way to handle these proposi- tions is to hove them all printed. There is no gentleman here wbo presents a resolution for adoption into this constitution but wants to see it again, and unless they are printed I don't see how we can keep track of them. I think under the rules they will have to be printed. Mr. PRESIDENT. I would remind the gentleman of our rules as to the reference of propositions. The rule is this. (Rule 25.) That is the rule and under that rule we must work unless we amend it. The Question is now on the motion to print. Has any other committee been named to which it should be referred? The chair is in doubt as to the appropri- ate committee. This does not refer to the qualifications of offi- cers, I take it, at all, and it is not specially a matter to go to the committee on elections. It might perhaps go to the com- mittee on public morals. Are there any suggestions as to its reference? Mr. PALMER. I would suggest, on looking over the Mon- tana constitution, that it figures there under the head of mis- cellaneous subjects. Mr. POTTER. I was about to suggest miscellaneous sub- jects. Mr. PRESIDENT. I do not remember the number of the committee on miscellaneous subjects, but believe it is No. 18. Is there any objection to its being referred to No. 18? Mr. SMITH. It occurs to me, that it should be referred to the committee on qualifications to office, for this reason, that that committee in making what provisions they shall as to qualifications for office will naturally provide for these things, and it seems to me proper that it should go into the hands of Hint committee. Mr. PRESIDENT. Is there a second to the motion to refer to tlie committee on elections and qualifications to office, No. 5? PROCEEDINGS AND DEBATES. 1*5 Mr. BAXTER, Second the motion. Mr. PRESIDENT. It will be so referred without putting the motion, if there is no objection. The chair hears none, and it is so referred. Referred to Committee No. 5. The assist- ant secretary will please read. SECRETARY. By Mr. Baxter. File No. 24, concerning the attorney general. The attorney general of Wyoming shall be the reporter of the decisions of the supreme court of the state. Mr. PRESIDENT. The chair is in doubt as to whether an attorney general will be provided for by the constitution. How- ever, if there is, I suppose he will come under the head of one of the executive officers in the exercise of his duty. It would seem to the chair this would properly belong to the committee on executive department. Is there a desire to refer it to any other committee? Mr. BAXTER. I would suggest thai it be referred to the .judiciary committee, as it pertains to the supreme court. This may not ordinarily be a part of the duties of xhe attorney general, but the duties which I propose to impose upon him are in connection with the supreme court, and I therefore think it should be referred to the judiciary committee. Mr. MORGAN. Second the motion. Mr. PRESIDENT. The motion is to refer to Committee No. 4, judicia^. The chair hears no objection, and it is so referred. SECRETARY. No. 25, by Mr. Baxter. Concerning female suffrage. The right of citizens of the state of Wyoming to vote and liold office shall not be denied or abridged on account of sex. Both male and female citizens of this state shall equally enjoy all civil, political and religious righ/ een received, but he has never been sw r orn in as a member of this convention. Mr. PRESIDENT. That is true. Mr. IRVINE. The gentleman is right. However, the cre- dentials of Mr. Richards have been presented and passed upon, and reported favorably. He has a right, of course, to a seat ii^ this convention, upon the report of the committee on creden- tials, whenever he arrives here. I don't know that the ques- tion which has been raised makes but little difference. Mr. HAY. I don't understand that the resolution required that w T e should designate any one who is a member of this convention. So even if Mr. Richards is not qualified as a mem- ber of the convention, he is still eligible for that appointment if the Converse county delegation see fit to appoint him. Mr. PRESIDENT. That may be true, but it is the impres- sion of the chair that the motion called for the appointment of members of this convention. They might make a selection of others who are not members as suggested. I do not re- member the exact wording of the resolution, but the impres- sion is in my mind that it was confined to the appointment of members of the committee from this convention. Mr. JOHNSTON. I would say that that was the intention of the committee. That this convention was to appoint a mem- ber from each county, to act in case the different county com- missioners did not respond to the governor's call to appoint a representative for that purpose. SECRETARY. The wording of the resolution is very clear on that point, Mr. President. Mr. PRESIDENT. Perhaps it would be better to leave it as it is at present, and if the delegation from Converse county desires to change its representative on the committee it can be done hereafter. It is not necessary to do it now. We are simply proceeding to correct the record, and the record is cor- rect as it stands on that. The gentlemen from Converse county having named their representative on that committee on that day it so appears on the record. If a change is desired here- after, or if a member is to be added by the delegation from Crook county that can be done hereafter, but not as a change PROCEEDINGS AND DEBATES. 205 to this record. The record as read I take it is correct. Are there any other chancres to bo suggested to the record, or cor- rections to be made? If not, it will stand approved as read. The gentleman from Crook nominates as the member of this committee Win. Scott, of that county. If there is no other nomination, and that is the choice of the delegation, the ap- pointment is made as requested. Mr. Irvine, the change as you desire it can no doubt be made at any time when desired, but perhaps it would be bet- ter to have the gentleman sworn in before it is done by the convention. I am not sure but what I have nia.de several mistakes in that way myself, in appointing gentlemen on committees who were not present in the convention, and were not members of the convention when appointed. It: was sup- posed' at the time that they would be here in a day or two, and in trying to distribute the representatives on the com- mittees as fairly as I could, I have named some gentlemen on committees who were not members of the convention at the time. Mr. IE VINE. It is really immaterial to me, I simply want ed the matter attended to; of course, we will have the change made at the proper time. However, as I understand the reso- lution, it does not make any difference whether the party chosen is a member of this convention or not, but sim-ply, according to the wording of the resolution, as I understand it, that each delegation shall choose some one from their own county, as I understand it. Mr. PRESIDENT. Gentlemen of the convention, the com- mittee on commerce, live stock interests and labor was in- creased on Saturday, by adding four members to it, leaving the members of the committee thus increased to be appointed by the committee. I have appointed as the representative from Crook county, Mr. Meyer Frank. Representative from Converse county, Mr. Irvine, Representative from Johnson county, Mr. McCandlish. Representative from Sheridan county, Mr. Coffeen. Mr. Coffeen of Sheridan, kindly relinquishes any claim on his part as the only representative of that county, and asks that Mr. Sutherland of Albany be appointed in his place, and the chair appoints Mr. A. L. Sutherland of Albany a mem- ber of this committee. A committee on ordinances was added to the list of com- mittees by an amendment adopted on Saturday, and it will be known as committee No. 20. The chair has appointed as that committee Messrs. Downey, Organ, Harvey, Burdick, Potter, Menough and Jones. The committee was to be seven in number. The presentation of petitions, memorials, etc. Mr. JEFFREY. Mr. President. 20 6 CONSTITUTIONAL CONVENTION. Mr. PRESIDENT. The gentleman from Laramie, Mr. Jef- frey, presents a proposition 011 public indebtedness. Are there any further memorials, petitions or resolutions? Mr. MORGAN. Is there a page on this side of the house? Mr. TESCHEMACHER. I just sent him out on an errand! Mr. FOX. I wish to present a proposition. Mr. PRESIDENT. Are there any further propositions, memorials, or petitions? The secretary will proceed to read such propositions as have been presented. SECRETARY. File No. 41, by Mr. Jeffrey, on public in- debtedness. PUBLIC INDEBTEDNESS. Sec. 1. Neither the state nor any county, city, town, town- ship or school district shall lend or pledge the credit or faith) thereof, directly or indirectly, in any to or in aid of any manner, person, company or corporation, public or private, for any) amount or for any purpose whatever, or become responsible for any debt, contract or liability of any person, company or cor- poration, public or private, in or out of the state. Sec. 2; Neither the state nor any county, city, town, town- ship or school district shall make any donation or grant to, or in aid of, or become a subscriber to, or shareholder in any corporation or company, or a joint owner with any person, com- pany or corporation, public or private, in or out of the state, except as to such ownership as may accrue to the state by es- cheat, or by forfeiture, by operation or provision of law, and, except as to such ownership as may accrue to the state, or to any county, city, town, township or school district, or to either, or any of them, jointly with any person, company or corpora- tion, by forfeiture or sale of real estate for non-payment of taxes, or by donation or devise for public use. or by purchase by or on behalf of any or either of them, jointly with any or either of them, under execution in cases of fines, penalties or, forfeiture of reconizance, breach of condition of official bond or of bond to secure public moneys, or the performance of any contract in which they or any of them may be jointly or sever- ally interested. Sec. 3_._ The state shall not contract any debt by loan in any form except to provide for casual deficiencies of revenue, erect public buildings for use of the state, suppress insurrec- tion, defend the state, or in time of war assist in defending the United States; and the amount of the debt contracted in any one year to provide for deficiencies of revenue shall not exceed one-fourth mill on each dollar of valuation of taxable property within the state, and the aggregate amount of sucfy debt shall not at any time exceed three-fourths oi a mill on each dollar of said valuation until the valuation shall equal one hundred millions of dollars, and thereafter such debt shall PROCEEDINGS AND DEBATES. 207 not exceed one hundred thousand dollars, and the debt incurred in any one year for erection of public buildings shall not ex- ceed one-half mill on each dollar of said valuation, and the ag- gregate amount of such debt shall never at any time exceed the sum of fifty thousand dollars (except as provided in sec- tion five of this article) and in all cases the valuation in this section mentioned shall be that of the assessment last preced- ing the creation of debt. Sec. 4. In no case shall any debts above mentioned in this article be created except by a law which shall be irrepeal- able. until the indebtedness therein provided for shall have been fully paid or discharged, such law shall specify the purposes to which the funds so raised shall be applied, and provide for the levy of a tax sufficient to pay the interest on and exting- uish the principal of such debt within the time limited by such, law for the payment thereof, which in the case of debts con- tracted for the erection of public buildings and supplying de- ficiencies of revenue, shall not be less than ten nor more than twenty years, and the funds arising from the .collection of any such tax shall not be applied to any other purpose than that provided in the law levying the same, and when the debt there- by created shall be paid or discharged such tax shall cease, and the balance, if any, to the credit of the fund, shall immediately be placed to the credit of the general fund of the state. Sec. 5. A debt for the purpose of erecting public buildings may be created by law as provided for in Sec. 4 of this article, not exceeding in the aggregate three mills on each dollar of said valuation; Provided, that before going into effect such law shall be ratified by the vote of a majority of ^such qualified electors of the state as shall vote thereon at a general election made under such regulations as the general assembly may pre- scribe. Sec. 6. No county shall contract any debt by loan in any form except for the purpose of erecting necessary public build- ings, making or repairing public roads and bridges, and such indebtedness contracted in any one year shall not exceed the rates upon the taxable property in such county, following, to- wit : Counties in which the assessed valuation of taxable proper- ty shall erceed five millions of dollars, one dollar and fifty cents on each thousand dollars thereof. Counties in which such val- uation shall be less than five millions of dollars, three dollars on each thousand dollars thereof. And the aggregate indebtedness of any county for all purposes exclusive of debts contracted be- fore the adoption of this constitution, shall not at any time exceed twice the amount above herein limited, unless when in manner provided by law, the question of incurring such debt shall at a general election, be submitted to such of the quali- fied electors of such county as in the year last preceding such election shall have paid a tax upon property assessed to them in such county and a majority of those voting thereon shall 208 CONSTITUTIONAL CONVENTION vote in favor of incurring the debt; but the bonds, if any be> issued therefor, shall not run less than ten years, and the ag- gregate amount of debts so contracted shall not at any time exceed twice the rate upon the valuation last herein mentioned;,. Provided, That this section shall not apply to counties having a valuation of less than one million dollars. Sec. 7. No debt by loan in any form shall be contracted by any school district for the purpose of erecting and furnish- ing school buildings, or purchasing grounds, unless the propo- sition to create such debt shall first be submitted to such qual- ified electors of the district as shall have paid a school tax therein in the year next preceding such election, and a ma- jority of those voting thereon shall vote in favor of incurring such debt. Sec. 8. No city or town shall contract any debt by loan in any form, except by means of an ordinance, which shall be ir- repealable until the indebtedness therein provided for shall have been fully paid or discharged, specifying the purposes to which the funds to be raised shall be applied, and providing for the levy of a tax, not exceeding twelve (12) mills on each dollar of valuation of taxable property within such city or town sufficient to pay the annual interest and extinguish the prin- cipal of such debt within fifteen, but not less than ten years from the creation thereof, and such tax, when collected shall be applied only to the purposes in such ordinance specified,, until the indebtedness shall be paid or discharged. But no such debt shall be created unless the question of incurring the same shall at a regular election for councihnen, aldermen or officers of such city or town, be submitted to a vote of such qualified electors thereof as shall in the year next preceding,, have paid a property tax therein, and a majorit}' of those vot- ing on the question, by ballot deposited in a separate ballot box, shall vote in favor of creating such debt, but the aggre- gate amount of debts so created, together with the debt ex- isting at the time of such election shall not at any time exceed throe per cent of the valuation last aforesaid. Debts contract- ed for supply water to such city or town are excepted from the operation of this section. The valuation in this section mentioned shall be in all cases that of the assessment next preceding the last assessment be- fore the adoption of such ordinance. Sec. 9. Nothing contained in this article shall be so con- strued as to either impair or add to the obligation of *any debt heretofore contracted l)j any county, city, town or school district, in accordance with the laws of Wyoming territory or prevent the contracting of any debt, or the issuing of bonds therefor, in accordance with said laws, upon any proposition for that purpose which may have been according to said laws, submitted to a vote of the qualified electors of any county, city, town or school district, 'before the day on which this con- stitution takes effect. PROCEEDINGS AND DEBATES. 209 Mr. PRESIDENT. If the convention does not otherwise order, this proposition will be referred to Coin mil tec No. 11, on taxation and public debt. There being no objection, it is so ordered. Bead the next proposition, Mr. Secretary. SECRETARY. File No. 42, by Mr. Fox, no title. Sec. 1 The legislature of the state of Wyoming may enact general laws for encouraging the production of coal or mineral oils, and for refining the same within the boundaries of the state, and to regulate the storage, transportation or waste thereof. Sec. 2. Pipe lines for the transportation of coal or mineral oils, or natural gas from a point of production within the lim- its of the state to any other point in the state, or to a point in another or adjoining state, shall be considered as common car- riers to the end that all persons, cities, towns, villages, man- ufactories, furnaces, smelting works, or places within the state may have connection with the main pipe line for the purpose of purchasing the product for fuel or light for domestic or man- ufacturing purposes. Sec. 3. The individual, company, or corporation OAvning or controlling any pipe line within the state shall be allowed just and reasonable compensation for the transportation of their products, but in no event shall a greater or higher price be charged the inhabitants of this state than is charged to the inhabitants of another or adjoining state, nor shall such com- mon carrier discriminate between places, persons, companies, or corporations by charging for such product a higher or great- er price at one point than another, nor between such persons, companies or corporations within the State of Wyoming with- out regard to quantity. Sec. 4. These provisions shall be enforced by proper leg- islative enactments. Mr. PRESIDENT. The matter seems to relate mainly to common carriers. Unless the convention otherwise order this proposition will be referred to Committee No. 13, on corpora- tions. It is so referred, Mr. Secretary. SECRETARY. File No. 43, by Mr. Nickerson. Proposition concerning apportionment. That each organized county shall constitute a senatorial district and shall elect one senator. Mr. PRESIDENT. Is that all the propositions, Mr. Secre- tary? SECRETARY. Yes, Mr. President. Mr. PRESIDENT. The matter named in this resolution might with propriety be referred to either of the committees, the committee on boundaries an d apportionment, or commit- tee No. 2, on legislative department. My impressoion is that it concerns the formation of the legislature, and it seems to me most proper to send it to that committee, especially as that committee is large and composed of one member from each county. Perhaps the apportionment committee is also the 14 210 CONSTITUTIONAL CONVENTION. same. Yes, I see, both committees have a member from each county, but unless otherwise ordered it will be referred to the committee on legislative department. Is there any objection to this proposition being so referred? The chair hears none and it is referred to the committee on legislative department. SECRETARY. File No. 44, preamble, by Mr. Morgan. Preanibe: We, the people of Wyoming, grateful to Al- mighty God, do ordain and establish this constitution. Mr. PRESIDENT. Unless otherwise directed by the con- vention this proposition will be referred to Committee No. 1, on preamble and declaration of rights. It is so referred, Mr. Secretary. SECRETARY. File No. 45, by Mr. Morgan, declaration of rights. Mr. PRESIDENT. The proposition submitted in File No. 45 will be referred to Committee No. 1, unless otherwise or- dered by the convention. There being no motion to otherwise refer it it is so referred to No. 1. Any other propositions, Mr. "Secretary? SECRETARY. File No. 46, by Mr. Morgan. Distribution of powers. Sec. 1. The powers of the government of this state are di- vided into three distinct departments, the legislative, executive and judicial, and no person or collection of persons charged with 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 di- rected or permitted. Mr. PRESIDENT. There is no one committee having more rights it would seem to consider this question than another. It relates to the executive committee, the legislative commit- tee or to the judiciary committee. It would go to either one of those committees, or to the committee on miscellaneous matters. Perhaps it had better go there. If the convention does not otherwise order it the chair will refer it to the committee on miscellaneous matters. There being no suggestion it is so ordered, Mr. Secretary. SECRETARY. File No. 47, by Mr. Grant, on elections. Sec. 1. There shall be a registration law and no one shall be entitled to vote unless he or she has registered ten days be- fore election. Sec. 2. The Australian system of elections shall be adopt- ed, and no change or addition to this system shall be made ex- cept such as shall further provide against frauds in elections and preserve the secrecy of the .ballot. Mr. PRESIDENT. The last proposition named, File No. 47, unless otherwise ordered will be referred to Committee No. 5, on elections, right of suffrage, etc. There being no objec- tion it is so referred, Mr. Secretary. Gentlemen of the convention. It is proper that I should announce to the convention at this tune that I have performed PROCEEDINGS AND DEBATES. 2 II dispatch, by me was in substance the resolution as it passed. (See journal page 37.) Mr. PRESIDENT. Are there any further propositions to be presented ? Mr. MORGAN. I have a resolution, Mr. President, which I would like to offer. I arn working on it now and will offer it when I get it done. Mr. COFFEEN. I would like to occupy this moment, if there is nothing. I wish to announce that Committee No. 13, on corporations, is requested to meet in the room on the east side immediately after adjournment. Mr. PRESIDENT. The gentleman from Laramie, Mr. Mor- gan. Mr. MORGAN. I have a resolution. Mr. PRESIDENT. The secretary will please read. SECRETARY. Resolution by Mr. Morgan, offering thanks to the secretary. Mr. MORGAN. I move the adoption of the resolution, Mr. President. Mr. PRESIDENT. Rule No. 56 provides that resolutions giving rise to debate shall lie over one day before being acted upon, if upon their introduction any member shall give notice of a desire to discuss the propositions therein contained, but the chair is of the opinion that unless some member notifies it of such a desire, it may be acted upon at present without lying over. Mr. TESCHEMACHER. I think perhaps the secretary would like an opportunity to discuss the subject of the propo- sition as the resolution assumes that he has undertaken to pay for nil these things. Mr. MORGAN. He acted on his own responsibility in get- ting these tables, stationary and things. Mr. PRESIDENT. As there seems to be a debate, the resolution will go over another day. Mr. TESCHEMACHER, I withdraw my objection. I have no desire to debate the subject. Mr. MORGAN. If permitted I would like to withdraw that resolution. It was composed very hastily, and I don't know that it is worded in very fine style or not. I just thought if the secretary got all these things here and no one else pays for them, he will have to. I would like to re-write the reso- lution, if I am permitted. Mr. PRESIDENT. I presume we all understand the kindly feeling which prompted the offering of the resolution. The next order of business is the reports of standing committees. Are there any reports from standing committees? Mr. FOX.' Mr. President. Mr. PRESIDENT. The gentleman from .Albany. Mr. Fox. 212 CONSTITUTIONAL CONVENTION. Mr. FOX. I was only going to make an inquiry in regard to resolutions that were laid over on Saturday until Monday. When is the proper time that they should be called? Mr. PRESIDENT. It was the intention of the chair to speak about that matter. The resolutions laid over were offered by Mr. Hoyt of Albany, but he being absent at this time, the chair thought as a matter of courtesy, the chair thought it would not call them up unless required. If any member desires them called up at this time, they can be acted upon. Mr. FOX. I think that those resolutions presented by Mr. Hoyt should be offered at this time for the reason that the senate bill authorizing the calling of this convention, speci- fies certain things which shall be done in the calling of the convention, and our proceedings don't show that these things have been done. By incorporating the call of the governor, the apportionment of the territory, etc., it will appear regular, according to the rules of congress, and I think this resolution should be adopted by all means. Mr. SMITH. I think what has been stated by the gentle- man from Albany is true, but in as much as these resolutions were offered by Mr. Hoyt, and my impression is that he has some remarks to make upon them himself, that as a matter of courtesy to him, they be allowed to lay over until he is present. The matter of their laying over a day or two will make no difference in getting them in where they belong. Mr. PRESIDENT. If there is no objection the matter will lay over. The reports of standing committees are now in order. Are there any reports? Reports from select committees. Are there any reports from select committees? Are there any final readings to be had gentlemen? The resolutions that were offered on Saturday will come in their regular order. Will you present me the resolutions, Mr. Secretarv? Mr. TESCHEMACHER If it is not too late, now that we have passed that order, I would like to ask a question of one of the standing committees, if there is no objection. Mr. PRESIDENT. No objection, certainly. Mr. TESCHEMACHER. I would like to ask the commit- tee on printing how long it takes to print these resolutions that we have asked to have printed. We had some resolutions ordered printed Saturday. I understand there are none of them here; it is very necessary to know how long it takes to print these resolutions, as we shall need them in the com- mittees. Mr. CHAIRMAN. For the information of the convention, I will state that Mr. Slack informed me on Saturday last that these propositions and resolutions that were ordered printed came to the printing office in the form of copies; that they were copied by the assistant secretary of the conven- tion, that it took considerable time, and that probably most of the matter that had been ordered printed would not be PROCEEDINGS AND DEBATES. 213 delivered at his office before they were through work for the day, so that would bring them here late on Monday. It seems to me, however, that the printing committee should look after these matters a little. There are a great many resolutions that are very short, and these could be printed first; by doing this, they could be supplied to the members for their con- venience within a very short time. The longer matter, which takes more labor and time to set up in type, of course, could be delayed, but I am satisfied we could get our printing here much earlier, if the committee on printing would give the matter a little active attention, and push the printer up a little. I don't know that that is a part of their business, but it would be an accommodation to the convention if the com- mittee would look after it, and look after the printer more particularly. Mr. POTTER, It seems to me that these original proposi- tions ought to go to the printer; I think that is the customary way. We could get them within a reasonable time. I see no objection to that. I think we could get them back from the printer without being mutilated very much Nothing can be done with them until they are printed. Although I don't know but by having them referred and ordered printed at the same time, the printing is delayed and also the report of the committee. I think they ought to go to the printing com- mittee first. Mr. PRESIDENT. It is the opinion of the chair that un- der the rules, whenever these propositions are read they are to be referred to thrir propr committees; the rules so espec- ially provide, but that would not seem to interfere with the matter of printing. The rules also provide, that, on motion, nny of these matters may be ordered printed. It does not follow, it seems to me, that because they are not specially referred to the printinc; committee that the printing com- mittee is not to look after any matter that is ordered to be printed, and it would seem as if whenever any proposition or resolution is ordered printed, that it is in the hands of the printing committee for that purpose, without any special res- olution or order to that effect. Mr. JEFFREY. It is very necessary that the secretary understand this question thoroughly, and it is my impres- sion at present that no proposition shall be printed, unless ordered by the convention. Mr. PRESIDENT. That is the rule. Mr. JEFFREY. The gentlemen can easily see the diffi- culty under which the secretary labors. It would not be con- sidered wise for the secretary to allow the original records to go out of his hands at least until copied into the journal, and for that reason we have deemed it necessary to make a copy of all papers ordered printed. That may, of course, cause some little delay, but we have deemed it best that that step should be taken as a matter of safety, and for that 214 CONSTITUTIONAL CONVENTION. reason you can readily see that where there are any long papers to be copied there may be some little delays as our clerical force is not very large. Mr. HAY. I just want to suggest, that if it can be done without changing the rules, it seems to me every document should be referred to the proper committee, and they shall decide whether that document shall be printed or not, and let them make their recommendations to the convention as to whether it shall be printed or not, and then let the convention order it printed if they see fit. I know of several instances where propositions almost exactly similar have been sulxmit- ted, the only difference being as to the amounts of dollars, per- centages, etc., and it is not worth while to print them all, and the committee to whom these are referred can tell which ones are the proper ones to be ordered printed, and which shall not. They can decide much more advisably than the convention it- self, and if a motion to that effect be in order I now move that before the convention decides on what papers shall be printed that the question be reported on by the committee to whom it was referred. Mr. PRESIDENT. I would refer the convention to rule No, 25, and No. 51, one of which refers to the introduction of mat- ter and the other to the reports of committee reporting mat- ter to be incorporated into the constitution, and both provide that there shall be no printing done unless ordered by the con- vention. All the matter that was introduced this afternoon was referred to the proper committees, but no motion has been made to have any of it printed. Mr. POTTER^ Mr. President. Mr. PRESIDENT. The gentleman from Laramie, Mr. Pot- ter. Mr. POTTER. I rise to a question of privilege. I would like to have the journal show that I am present today. Mr. Riner, I believe, desires the same privilege. Mr. PRESIDENT. I believe that Mr. Baxter also came in late, after roll call. Are there any others ? Mr. SMITH. Mr. Burdick came in after roll call. Mr. PRESIDENT. Are there any others? If there is no ob- jection their names will be made to appear on the minutes as present. The chair hears no objection and it is so ordered, Mr. Secreta ry . Mr. JEFFREY. Mr. President. Mr. PRESIDENT. The gentleman from Laramie, Mr. Jeffrey. Mr. JEFFREY. I move that File No. 41 be ordered printed. In relation to the limitation of indebtedness. Mr. POTTER, Second the motion. Mr. PRESIDENT. It is moved that File No. 41 be ordered printed. Are you ready for the question? Mr. REID. Question. PROCEEDINGS AND DEBATES. 2I 5 Mr. PRESIDENT. All in favor of printing File No. 41 will say aye. Those opposed no. The ayes have it ; No. 41 is ordered printed. Mr. PRESIDENT. Files No. 42 to 47, is there any motion as to printing these, or any of them? Are there any matters on your desk, Mr. Secretary? SECRETARY. None, Mr. President. Mr. PRESIDENT. Gentlemen of the convention. I have the two resolutions that were offered by Mr. Hoyt; no motion has been made that they go over until tomorrow. They come up in the regular order of business now for consideration. Mr. CHAPLIN. I move that these resolutions be permit- ted to go over until tomorrow. Mr. SMITH. Second the motion. Mr. PRESIDENT. It is moved and seconded that the reso- lutions offered by Mr. Hoyt on September 7th go over until to- morrow. All in favor of the question will say aye. Those op- posed no. The ayes have it; the resolutions go over until to- morrow for consideration. Mr. MORGAN. I ask at this time to withdraw the resolu- tion I offered a moment ago; I have reframed it in part. No vote was taken upon it so I suppose I can do so without formal consent. Mr. PRESIDENT. Under the rules adopted by this conven- tion a resolution that was once offered and read by the secre- tary, or stated to the convention by the chair, is in the hands of the convention. It may be withdrawn at any time if there is no objection. Is there objection to the resolution offered by Mr. Morgan being withdrawn? The chair hears none; it may be withdrawn. Mr. MORGAN. I wish to offer this as a substitute. It need: not appear as having been offered before. Mr. PRESIDENT. It stands as an original of course, the other having been withdrawn. The secretary will read. SECRETARY. Resolution by Mr. Morgan. (See journal page 37.) Mr. PRESIDENT. What will you do with the resolution^ gentlemen ? Mr. MORGAN. I move its adoption. Mr. HAY. Second the motion. Mr. PRESIDENT. It is moved and seconded that the res- olution offered by the gentleman from Laramie, Mr. Morgan, tendering the thanks of the convention to Mr. Meldrum for his efforts in fitting up and preparing the hall for our use, be adopt- ed. Are you ready for the question? All in favor of the motion will say aye; those opposed no. The ayes have it; the resolu- tion is adopted. Mr. PRESIDENT. There is no further business upon the table, gentlemen; what is your pleasure? Mr. IRVINE. Mr. President. 216 CONSTITUTIONAL CONVENTION. Mr. PRESIDENT. The gentleman from Converse, Mr. Ir- vine. Mr. IRVINE. I would like to move that an order be made that the record of yesterday be so changed that in the commit- tee appointed to meet the senate committee on irrigation that in the selection of the delegate from Converse county, the rec- ord read the name of l)e Forest Richards instead of Mr. M. C. ISarrow, if I can get a second. Mr. TESCHEMACHER. Second the motion. Mr. PRESIDENT. The chair would state to the gentlemen from Converse that in the opinion of the chair a change in the record is not in order. If the delegation from Converse county desire to withdraw the name of the person that was before of- fered, and to substitute another, it would within the opinion of the chair be in their powder to do so, if they so desire. Mr. IRVINE. That is the desire of the delegation. Being the only member present yesterday I named Mr. Barrow. Since then, in consulting with my colleague Mr. Harvey, he expressed the wish that Mr. De Forest Richards' name should be used, and so far as I am concerned I am perfectly willing it should be done. I don't know but what I should have named him at the time if I had thought of it. The delegation would like to withdraw the name of Mr. Barrow from that committee. Mr. PRESIDENT. Mr. De Forest Richards is not a member of this convention, and the expression of the resolution was, as the chair remembers it, (and the secretary of the convention agrees with me as to what the purport of the resolution was) that none but members of the convention should be appointed. Under the terms of that resolution the gqntleman from Con- verse offers to withdraw the name of Mr. Barrow and present the name of Mr. Richards. I would suggest that the other name be not substituted at this time, but whenever Mr. Rich- ards appears it can be supplied. If there is no objection on the part of the convention the name of Mr. Barrow will be with- drawn. Is there objection ? The chair hears none, and the name is withdrawn from the delegation as a member of that commit- tee from Converse county. Mr. IRVINE. I cannot see the point in the question raised that Mr. De Forest Richards can be placed upon a standing committee and not on this. Mr. PRESIDENT. The chair is in the same fix. Mr. IRVINE. I think he has as much right to be placed upon this committee as upon a standing committee; it seems strange to me. Mr. PRESIDENT. The rliair ran make no explanation but this, the sMme explanation that he made before. That in try- ing to make up the standing committees the names of sreutle- men were used in order to distribute the honors as fairly as possible: they were not members of this convention, and their names were improperly used, no doujbf. A question has been raised as to the propriety of that action, and inasmuch as it PROCEEDINGS AND DEBATES. 2I 7 has, the chair does not feel at liberty to hold that any person is, or can be, a member of a committee of this convention that is not a member of this convention, and while the chair has appointed some men who have not qualified, they were im- properly appointed, and being improperly appointed, they are not in fact members of any committee. Mr. IRVINE. Is there a member of this convention who questions the right of Mr. Richards to a seat upon this floor? Have not his credentials been examined by the committee and passed upon favorably? Now I want the convention to say whether Mr. Richards has a right on this committee or whether he has not, and I believe it is in order that I be allowed to make this motion. If the convention vote me down, why of course it is all right, and I will try to come down as gracefully as possible, but I think he has as much right on that commit- tee as any other member of this convention. I therefore move, if I can get a second, that Mr. De Forest Richards be placed upon the journal as a member of this committee. Mr. FOX. Second the motion. Mr. CONAWAY. Mr. President. Mr. PRESIDENT. The gentleman from Sweetwater, Mr. Conn way. Mr. CONAWAY. I was merely rising to a point of order. Mr. PRESIDENT. The chair was about to rule that the motion was not in order. Again, in the opinion of the chair no persons are members of this convention and are entitled to be on committees if they have not taken the oath prescribed by the convention itself, and until they do that they are not prop- erly members of the convention. Gentlemen, I say this in the utmost kindness, and not with any desire in the world to pre- vent Mr. Richards from appearing and assuming his duties, but simply because I am compelled, as at present situated, to so rule. The gentlemen can get the matter before the con- vention by an appeal from the decision of the chair. If the gentleman desires to offer such a motion the chair will put the question on the appeal. Mr. IRVINE. I have no desire to appeal. Mr. FRANK. Mr. President. Mr. PRESIDENT. The gentleman from Crook, Mr Frank. Mr. FRANK. I would make a motion that all members who have not appeared be excluded from the committee, and others substituted upon the standing committees upon which they have been appointed. There are tw r o upon the Crook county delegation who have not appeared and who will not appear. Mr. PRESIDENT. Without any motion to that effect the chair has alreadv ruled that his appointments on standing com- mittees of gentlemen who have not been sw r orn in were im- properly made, and stand^as if never made at all. I will fill the different committees from the gentlemen of the different coun- ties who are present. The chair asks the pardon of the con- 218 CONSTITUTIONAL CONVENTION. volition for having gone astray in this way, but it was sup* posed at the time the standing committees were made up that these gentlemen would shortly appear, and it would save changes afterward. I will make the changes without any di- rection from the convention. Mr. SMITH. I would ask that there be a little delay in this matter of filling these places. Two of our best men are not here, one is sick and will probajbly not be here at all, but the other we are looking for every day, and in case he comes I should like to keep a place for him on one of the committees. He is deeply interested in some of these matters and I want to keep a place for him. He is one of the best men from our county. Mr. MORGAN. I would like to add a word to what Brother Smith has just said. Mr. De Forest Richards, I take it for granted, intends to be here~ very soon. He is a member of one of my committees and I should not like to see him stricken out, but should like to have him on that committee when he conies, if a place can be retained for him. I suppose every del- egation knows whether certain members have determined not to come at all; that is a different matter., Some may be pre- vented by sickness, and they will probably be here soon, and I think a place should be saved for them. Mr. PRESIDENT. The gentleman from Converse, Mr. Ir- vine. Mr. IRVINE. I only wish to state, as a number seemed to have raised the question, that I am not desirous that Mr. Rich- ards should be appointed on any special committee. I simply raised the question that if they could serve on the committee they could on another. Mr. RINER. Mr. President, I move we adjourn until 10 o'clock tomorrow. Mr. TESCHEMACHER. Second the motion. Mr. PRESIDENT. It is moved and seconded that we ad- journ until 10 o'clock tomorrow. Are you ready for the ques- tion? All in favor of the motion will say aye; those opposed no. The ayes have it, the convention adjourns until 10 o'clock tomorrow. EIGHTH DAY. MORNING SESSION. Tuesday, September 10th. Convention re-assembled at ten o'clock. President Brown in the chair. PROCEEDINGS AND DEBATES. 219 Mr. PRESIDENT. Convention come to order. Prayer. Mr. PRESIDENT. The clerk will proceed to call 1he roll. SECRETARY. Thirty-two members present, Mr. President. Mr. PRESIDENT. The secretary will proceed with the read- ing of the journal. (Reading of the journal of the fifth day.) Mr. PRESIDENT. Are there any corrections to be made in the journal? If none are suggested the journal will stand ap- proved as read. It is so ordered, Mr. Secretary. Introduction of petitions and memorials. Mr. CAMPBELL. I have here a proposition in relation to supreme courts which I wish to present. Mr. JEFFREY. I have a proposition concerning the seal of the state. Mr. SMITH. I have a proposition. Mr. PRESIDENT. Are there any further propositions or resolutions this morning? Mr. CHAPLIN. I have a proposition. Mr. PRESIDENT. If there are no further propositions the clerk will read those that have been sent up in the order in which they were presented at the clerk's desk. . SECRETARY. File No. 48, by Mr. Frank, organization of counties. Sec. 1. The several counties of the territory of Wyoming as they now exist are hereby recognized as legal subdivisions of this state. Sec. 2. No county shall be cut off for the purpose of form- ing a new county or counties, unless there remain after the cut off or divisionn has been made an assessed valuation of four million dollars or over. Sec. 3. No new counties to be organized shall have an as- sessed valuation of two million dollars or over nt the ti?ne of such organization. Mr. PRESIDENT. The proposition offered, establishing the counties as they now exist seems to establish the boundaries of the counties. Does the gentleman who proposed this proposi- tion desire it referred to any particular committee? It may go to Committee No. 6, on boundaries and apportionment, or to- Committee No. 12, on county, city and town organizations. Mr. FRANK. I have so marked it, No. 12. Mr. PRESIDENT. If there is no objection it will be re- ferred to Committee No. 12. There being no objection it is so referred. The secretary will read the next proposition. SECRETARY. File Na 49, on suffrage and elections, by Mr. Frank. Sec, 1 . Except as in this article otherwise provided every male citizen of the United States, twenty-one years old, who has actually resided in this state for six months and in the county where he offers to vote sixty days next preceding the day 220 CONSTITUTIONAL CONVENTION. of election, is a qualified elector. Women, who have the quali- fications prescribed in this article may hold such school offices and vote at such school elections as may be provided by the laws of the state of Wyoming. Mr. PRESIDENT. Unless otherwise ordered by this conven- vention this proposition will be referred to Committee) No. 5, on elections, right of suffrage, etc. There being no objection it is so ordered. SECRETARY. File No. 50, by Mr. Campbell, concerning the creation of a supreme court. Judicial department. Sec. 1. The judicial department of the state as to matters of law and equity except in this constitution otherwise provid- ed shall be vested in a supreme court, district courts, justices of the peace, and such other courts as may be created by law for cities and incorporated towns. Supreme court. Appellate jurisdiction. Sec. 2. The supreme court except as otherwise provided in this constitution shall have appellate jurisdiction only, which shall be co-extensive with the state, and shall have a general superintending control over all inferior courts, ander such regulations and limitations as may be prescribed by law. Power to issue writs, Injunction, mandamus, etc. See. 3. It shall have power to issue writs of habeas corpus, mandamus, quo warranto, certiorari, injunction and other orig- inal and remedial writs, with authority to hear and determine the same. Two terms annually. Sec. 4. At least two terms of the supreme court shall be held each year at the seat of government. Three judges, majority quorum. Sec. 5. The supreme court shall consist of three judges, a majority of whom shall be necessary to form a quorum or pro- nounce a decision. Judges shall be elected. Sec. 6. The judges of the supreme court shall be elected by the electors of the state at large as hereinafter provided. Term of office nine years. Sec. 7. The term of office of the judges of the supreme court except as in this article otherwise provided shall be nine years. Sec. 8. The judges of the supreme court shall immediate- ly after the first election under this constitution be classified by lot so that one shall hold his office If or the term of three years, one for the term of six years and one for the term of nine years. The lot shall be drawn by the judges, who shall for that pur- pose assemble at the seat of government, and they shall cause the result thereof to be certified to the secretary of the terri- tory, and filed in his office. The judge having the shortest term PROCEEDINGS AND DEBATES. 221 to serve, not holding his office by appointment 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 judge having in like manner the next shortest term to serve shall preside in his stead. Clerk of supreme court, emoluments. Sec. 9. There shall be a clerk of the supreme court, who shall be appointed by the judges thereof, and who shall hold his office during the pleasure of said judges, and whose duties and emoluments shall be as prescribed by law, and by the rules of the supreme court. Qualifications of supreme judges. Sec. 10. No person shall be eligible to the office of judge of the supreme court, unless he be learned in the law, have been in actual practice at least ten years, at least years of age and a citizen of the United States, nor unless he shall have resided in this state or territory at least years next preceding his election. Mr. PRESIDENT. File No. 50, unless otherwise ordered, Avill be referred to Committee No. 4, on judiciary. The next file, Mr. Secretary. SECRETARY. File No. 51, by Mr. Jeffrey. Mr. PRESIDENT. File No. 51. unless otherwise ordered by the convention, will be referred to Committee No. 3, executive department. There being no objection, it is so referred, Mr. Secretary. Are there any further propositions, Mr. Secretary? SECRETARY. Yes, Mr. President, File No. 52, by Mr. Smith, concerning: railroads. Mr. PRESIDENT. File No. 52, unless otherwise ordered, will be referred to Committee! No. 14, on railroads and tele- graphs. It is so ordered, Mr. Secretary. SECRETARY. File No 53, by Mr. Chaplin. Mr. PRESIDENT. Unless otherwise ordered File No. 53 will be referred to Committee No. 1, on preamble and bill of rights. SECRETARY. File No. 54, by Committee No. 8. Mr. PRESIDENT. Mr. Secretary, is this reported by the committee as matter for the constitution? Mr. JOHNSTON. It is simply reported as a proposition. Mr. PRESIDENT. I think it had better be read under the head of reports of committees, Mr. Secretary. Are there any further propositions, not reports of committees? SECRETARY. File No. 54, by Mr. Grant, relating to pub- lic indebtedness. Mr. PRESIDENT. File No. 54 unless otherwise ordered by the convention, will be referred to Committee No. 11, taxation and public debt. It is so referred, Mr. Secretary. SECRETARY. File No. 55, by Mr. Grant, entitled revenue. Mr. PRESIDENT. File No. 55 will be referred to Commit- 222 CONSTITUTIONAL CONVENTION. tee No. 11 unless otherwise ordered by the convention. It is so ordered, Mr. Secretary. SECRETARY. File No. 56, by Mr. Kiner, proposition in relation to the executive department. Mr. PRESIDENT. File No. '56 unless otherwise ordered will be referred to Committee No. 3, executive department. Any further propositions, Mr. Secretary? SECRETARY. None, Mr. President. Mr. PRESIDENT. The next order of business reports from committees. Mr. BURRITT. Mr. President. Mr. PRESIDENT. The gentleman from Johnson, Mr. Bur- ritt. Mr. PALMER. Mr. President, Mr. PRESIDENT. The gentleman from Sweet water, Mr. Palmer. Mr. PALMER. I desire to obtain the consent of the con- vention that Mr. Hopkins be excused until Thursday, he having been called home on business of importance. Mr. PRESIDENT. Is there objection to Mr. Hopkins being excused until Thursday next? The chair hears no objection, Mr. Hopkins stands excused by unanimous consent. Mr. McCANDLISH. Mr. President, if in order, I move that File No. 52, Mr. Smith's railroad bill, be printed. Mr. POTTER, Second the motion. Mr. PRESIDENT. Gentlemen, it is moved and seconded that File No. 52, on railroads and telegraphs, be printed. Are you ready for the question? Mr. TESCHEMACHER. Mr. President. Mr. PRESIDENT. The| gentleman from Laramie, Mr. Teschemacher. Mr. TESCHEMACHER, I would like at this time to bring up this printing matter again. It seems to me a waste of time and money to print any of these propositions which are simply as I understand, passing to the various committees. Let the propositions go as they are to the committees, and then as soon as any committee is ready to report to this body, let this report be printed. We shall have to vote on their proposition and to change and amend their report. If we go on printing all these propositions and resolutions, or any of the various prop- ositions that come in here, we will very soon have a very large printing bill, and a great deal of time will be taken up. I still see that none of these bills that were ordered printed last Sat- urday, or Friday, have appeared here yet, and it seems to me that it is a great waste of time to proceed in this way. I bring the question up now to have some decision made. Mr. PRESIDENT. Is there any debate on this question? Mr. MORGAN. I agree with my colleague for the reasons he has just given about this printing matter. I am satisfied that these committees will take up these various propositions, PROCEEDINGS AND DEBATES. 223 read them over and consider them advisably. There are many propositions heve veiy similar in character, and if we print any of them we ought to print them all. Let the committee report what shall be printed. Again, when that committee makes up its mind, gets ready to report, it will formulate a recommenda- tion to the convention, the subject matter of which they will submit to the convention. That will come up. -If I find that in their report the committee has omitted some proposition that 1 have made and care for, I will try to have them include that in their report. We are having material handed in here all the time, and we have not laid the foundation of the building. We commence the superstructure, we put in stone after stone in that shape, and if any material is wrong it will be taken out, it will be chiselled and made ready for the building in some way before we go on building the superstructure. Gentlemen, let us not make a mistake in this matter, let us have these mat- ters go to their appropriate committees first. Mr. PRESIDENT. Gentlemen, the question is on the mo- tion to print File No. 52. Are you ready for the question? All in favor of the motion to print will say aye, those opposed no. The noes seem to have it, the motion to print is lost. Mr. HAY. Mr/ President, I am going to make a motion again that I made yesterday, but to which I could not even get a second, but I think the matter has been considered more fully, and I may get one now. I move that where propositions are referred to standing committees that these committees be requested to make immediate report as to whether they shall be printed or not, and upon such report the convention shall take action. Mr. JOHNSON. Second the motion. Mr. PRESIDENT. The gentleman from Sheridan, Mr. Cof- feen. Mr. COFFEEN. Mr. President, I only rose to second the motion, with the amendment, or suggestion, that we be not pressed to report too soon. Mr. CAMPBELL. Is that not an amendment to the rules, which requires one day's notice? Mr. PRESIDENT. * I was about to look it up. Gentlemqn of the convention, I desire to call your attention to two rules under the head of printing, Rules No. 25 and 51, both of which touch upon this question. It seems to me, I do not feel very confident upon that question, but it seems to me that the mo- tion made by the gentleman from Laramie possibly implies an amendment to the rules. Rule 25 says "every petition and me- morial shall be referred on motion without putting the ques- tion for that purpose, unless the reference be objected to by a member at the time of its presentation. No petition or me- morial or other matter shall be printed without the special order of the convention." That is the rule. All of it that re- fers to printing is the last part. Rule No. 51 refers to the re- 22 4 CONSTITUTIONAL CONVENTION. ports of committees as to printing. "All reports of the com- mittees containing matter to be incorporated in the constitu- tion shall be considered in the order in which the reports are made, and upon their introduction and full reading before the convention such matters to be incorporated shall be laid upon the table and (when so ordered) to be printed, and when printed (if so ordered), shall be placed upon the calender to be consid- ered in the committee of the whole convention, and if not or- dered printed they shall be immediately placed upon the cal- ender ! o be considered by the committee of the whole." Now the motion, as I understand it, of the gentleman from Laraniie, is that when propositions are referred to committees, the committees may report them back for printing, or other- wise, as they please. Of course, that would be an addition to the rules, as they now stand, and to that extent it would seem to be an amendment to these rules. It is not practically chang- ing the rules, as to any proposition that would come up mider the rules, because this matter of printing is in the hands of the convention as the rules are now, and as it will be if the motion of the gentleman from Laramie, Mr. Hay, should pre- vail, to order printed or otherwise such matters as they may see fit when reported back by these various committees. I am under the impression that the motion to amend should lie over under the rules until to-morrow. Of course, if the convention is desirous of an immediate consideration of the motion to amend the rules as it now stands carrying the mo- tion over until to-morrow, the rules may be suspended. Mr. HAY. The motion I made was not intended to make any change in the rules, but was simply a suggestion as to the method of carrying out the rule, and the motion was not made to get the ordering of the printing out of the hands of the convention at all', but simply to enable the committees to adjust the matter and recommend to the convention whether the printing ought to be done or not, the question of order- ing the printing or not, still remaining in the hands of the convention. Mr. PRESIDENT. It is only a slight alteration to the rules as an addition to the rules, of course. A motion to suspend, and an immediate consideration of the proposition will re- lieve the convention from any difficulty at all. Mr. RINER. I think the suggestion as to the printing that it be done only upon the report of the standing commit- tees, a good one, and I therefore suggest that the rules be suspended for the purpose of taking action upon an aniend- ihent to our rules. It seems to me that the matter ought to have immediate attention. Mr. TESOHEMACHER. Second the motion. Mr. PRESIDENT. It is moved that the rules be suspended for the purpose of taking a vote upon the proposed amend- ment to our rules. Are you ready for the question? All in PROCEEDINGS AND DEBATES. 225 favor of the motion will say aye; those opposed, no. The ayes seem to have it; is a division called for? Mr. SMITH. The rules can only be suspended by a two- thirds vote. Mr. PRESIDENT. The chair is under the impression that two-thirds so voted. Perhaps the roll had better be called. All in favor of the suspension of the- rules will say. aye, as their names are called; those opposed will say no. (Calling of the roll.) Mr. PRESIDENT. Gentlemen, the vote on the motion to suspend the. rules is as follows: Ayes, 35; noes, 5; Absent 9. The rules are suspended under our' rule by a two-thirds vote of those present. Two-thirds having A r oted in the affirmative, the motion to suspend prevails. The question now is on the adoption of the motion made by the gentleman from Laramie, Mr. Hay. Will the gentleman put his motion in writing, so we may have it to incorporate properly into the rules. Mr. TESCHEMACHER. I would like to move an amend- ment to the motion of the gentleman from La ramie, Mr. Hay. Mr. HAY. I withdrew that motion that I made; I did not make it with the intention of amending the rules. Mr. PRESIDENT. The motion to suspend in order that that motion might be passed upon, having once been in the hands of the convention, the gentleman will please formulate his motion so that it may come before the convention. Mr. IRVINE. I rise to a point of order. I don't think that that was the objection of the motion to suspend. The vote was that we should suspend the rules so as to change our present rules. That is the way I understand it. CHAIR. The motion of the gentleman from Laramie, Mr. Hay, was in substance, as I remember it, this: That all pro- positions referred to the committees should be considered by them, and reported back for printing,, if they so desire, or something to that effect. I suppose that is an amendment, or an addition to the rules, under which we are now working. We have suspended the rules in order to act upon that matter. Mr. TESCHEMACHER. I think you have probably over- looked the fact that it was Mr. Riner who made the motion to suspend the rules. It was after Mr. Hay's motion was with- drawn. His motion was not before the house at all. I moved to amend his motion, and then Mr. Riner, of Laramie, moved to suspend the rules in order to change our present rules, which motion was seconded, and you declared it in order, and the rules were suspended in accordance with that. Mr. BURRITT. I rise to a question of explanation, if I am allowed to make it. I supposed that the object in suspend- ing these rules was to get rule No. 51 out of the way tempo- rarily. I can discover no object in it, and for that reason I voted no. Mr. SMITH. I would call attention to rule No. 59, "that 15 22 5 CONSTITUTIONAL CONVENTION. these rules shall not be altered except after at least one day's notice and then only by a majority vote of the members of the convention." I was lajboring under the impression that this was an amendment to the rules, as I do not see that it helps matters any to suspend the rules, for if the object was to amend the rules they could not be amended even on a sus- pension of the rules, until after one day's notice. This is my construction, at least, of rule No. 59. Mr. PRESIDENT. If we have suspended Rule No. 59, as to the necessity of one day's notice, we don't act under it. I understood the motion of the gentleman from Laramie to be to suspend the rule requiring one day's notice, in order to alter the rules. Mr. RTNER. If I may be allowed to explain, the chair has stated my motion exactly. My motion was to suspend the rules in order that immediate action might be taken in relation to the amendment of rules in regard to this matter of printing. That was my motion, and the vote was taken and the rule sus- pended. Mr. SMITH. That still would not reach the question. The motion was made to suspend the rules in order to consider the motion pending. That motion was seconded and stated to the convention, and the motion could only be made as to that, and if not made as to that then the motion was out of order, and being out of order could not be made at all. Mr. PRESIDENT. Will the gentleman from Laramie put his motion in form so it can be read. Mr. HAY. I am having it attended to. I have employed an attorney to write it up. Mr. COFFEEN. Mr. President, I believe we are all after the same result, and the only question is as to the method of reaching it. Rule 25 requires "that every petition and memo- rial shall be referred on motion without putting the question for that purpose unless the reference be objected to by a mem- ber at the tune of its presentation. No petition or memorial or other matter shall be printed without the special order of the convention." That is the rule as I understand it. The point we want to reach is this, that no action shall be taken on the motion ordering the printing of any proposition until the com- mittee on that document recommends to this convention that it should do so. I move therefore that it is the sense of this con- vention that we hear the reports of the committees to which these resolutions are referred before taking action in regard to their printing. Mr. PRESIDENT. That in substance is embodied in the mo- tion proposed by the gentleman from Laramie. Mr. RINER. I move that Rule No. 4 be suspended for fif- teen minutes while the attorney prepares the motion. Mr. BAXTER. Second the motion. PROCEEDINGS AND DEBATES. 22 7 Mr. PRESIDENT. In order to get at the end desired by the motion.to suspend Rule 4, perhaps we had better take a recess. Mr. SMITH. I desire to move that the Laramie delegation be allowed to retire for fifteen minutes. Mr. BURRITT. I desire to move that we proceed with the order of the day. Mr. PALMER. Second the motion. Mr. MORGAN. I rise to a point of order. This motion is out of order because the convention has already agreed to sus- pend the rules. This motion cannot be in order until that mo- tion is reconsidered and passed in the convention. Mr. SMITH. I rise to a point of order. The gentleman from Laramie is out of order because a question is not debat- able until stated to the convention. Mr. FRANK. I rise to a point of information. Have we suspended the entire rules or only Rule 59? Mr. PRESIDENT. We have suspended so much of Rule 59 as refers to the matter of notice. Mr. HAY. Mr. President, I move to amend Rule 25 by insert- ing in lieu of the last clause the following: No petition, resolu- tion, memorial or proposition shall be printed until the conven- tion have the report thereon from the committee to which it was referred for consideration, except by unanimous consent of the convention. I move the adoption of that motion. Mr. RINER, Second the motion. Mr. PRESIDENT. The motion is on the adoption of the resolution offered by the gentleman from Laramie to amend the rules. Are you ready for the question? Mr. BURRITT. Mr. President. I object to this amendment to the rules for this reason. Committee No. 8, this morning, has presented a proposition upon a subject which is to a large number of the convention, to a large number of the people of the territory, in fact of the United States, a new question, namely, that of irrigation and water rights. L T nder the ruling of the president this has gone into the second order of the day, reports of standing committees. The committee in that re- port expressly state that it is not so intended. In this report they have planned out a plan, or skeleton, in reference to this matter, which we do not wish to go before the committee of the whole, but which we wish printed and read before this con- vention in order that it may be consideded. In some respects it is radical and different from anything that any state or ter- ritory in the union now has. This entire matter of irrigation is a matter of experiment very largely, and if this amendment to the rules is passed this cannot be printed unless it is done at private expense. I take it that this convention is composed of intelligent men, we know what we want printed and what we do not. This is not a report of the committee for a proposition to be incorporated into the constituiton, how far the committee 228 CONSTITUTIONAL CONVENTION. may recommend the matter contained in this report be incor- porated in the constitution I am not prepared to say, but it was especially understood in the committee that although the report was the unanimous report of the committee it was not considered as a report of the committee to be incorporated into the constituiton finally, but merely as a proposition, and this committee so sent it up to the chair. If this motion prevails this cannot be printed, and for the reasons stated I am opposed to the motion. Mr. CONAWAY. As I understand this amendment to the rules, this proposition which has come from its committee, has come through the proper channel, and it would be proper to order the proposition to be printed. Mr. COFFEEN. That is my understanding of it. Mr. MORGAN. T wish to offer a substitute. Mr. PRESIDENT. For the information of the convention and the chair, will the secretary read the resolution offered by the gentleman from Laramie, Mr. Hay. (Resolution of Mr. Hay re-read.) Mr. PRESIDENT. Now read Mr. Morgan's substitute. "All propositions containing matter to be incorporated in the constitution shall be referred to its proper committee, and said committee shall report at once as to whether such propo- sition be printed or not. No petition, or memorial or other mat- ter shall be printed without special order of the convention." Mr. PRESIDENT. You have heard the amendment of the gentleman from Laramie, Mr. Morgan. What is your pleas- ure? Mr. MORGAN. A word in explanation only. I do not press this matter, but simply offer it thinking perhaps it will get at the matters a little better. I have left the latter part of Rule 25 intact, as you shall see. Then again, there might be some memorials that we might want to have printed without the special order of the committee, and we don't want to put anything in their road. I just offer this as a suggestion, and if the convention think best not to adopt it, why they need not do it, Mr. FOX. I don' see anything here to amend. Now this Rule 25 covers everything. "No petition, or memorial or other matter shall be printed without the special order of the conven- tion." I don't see that this amendment is going to help us a bit. I am opposed to the amendment. Mr. TESCHEMACHER. Mr. President, I think the great mistake is that some of us are forgetting that there are two rules, and are talking about one, when all the discussion has arisen on another rule altogether. Rule 25, as it now stands, refers expressly to petitions and memorials. These have noth- ing to do with these resolutions and bills, which, of course, all this discussion is about. The discussion came on Rule 51, and I would like if in order, to move an amendment to that rule. PROCEEDINGS AND DEBATES. 229 Tt seems to me that Rule 25, as my colleague from Albany states, fills all the requirements; it provides just how memo- rials and petitions shall be printed, and no amendment to that could improve it in any way, but Rule 51 is the one that I would like to have discussed, and I move as an amendment to 51 the following : "All reports of the committees containing matter to be in- corporated in the constitution shall be considered in the or- der in which the reports are made, and upon their introduction and full reading before the convention, such matters to be in- corporated shall be referred immediately to the printing com- mittee and when printed shall be placed upon the calender, to be considered in the committee of the whole convention. No other matter shall be printed except by unanimous con- sent of the convention." It seems to me that in this way this question of printing can be disposed of and we can save all the time that is expend- ed in printing all these resolutions. Unfortunately we have only plain deal tables here, and not lock desks, and we cannot keep track of all these resolutions even after they have been printed, and I think we will be spending a great deal of un- necessary time and money. If I get a second I would like to make a motion. Mr. MORGAN. I withdraw my substitute and second the motion of Mr. Teschemacher. Mr. HAY. I also withdraw my motion. Mr. IRVINE. I second the motion of the gentleman from Laramie, Mr. Teschemacher. Mr. PRESIDENT. Will the amendments be presented in writing so we can insert it into the rules, as requested. Gentlemen of the convention; the motion of the gentleman from Laramie, Mr. Hay, was to amend the rules as to the mat- ter of printing. The gentleman from Laramie, Mr. Riner, mov- ed that the rules be suspended for the consideration of this motion; to amend our rules as to printing. The gentleman from Laramie, Mr. Morgan, proposed a sub- stitute for the resolution offered by Mr. Hay. Mr. Morgan asks to withdraw his resolution offered as a substitute, and there being no objection it is withdrawn. Mr. Hay also withdraws his motion. The gentleman from Laramie, Mr. Teschemacher, now offers the following amendment to the rules, as an amend- ment to the motion of Mr. Hay. The proposition offered by Mr. Teschemacher stands as a substitute for the motion offered by Mr. Hay. The question will be on the amendment offered by Mr. Teschemacher. Are you ready for the question? The clerk will read the proposition in order that the convention mny under- stand just what it is. (Teschemacher's amendment re-read.) Mr. RINER. I ask that the roll be called upon its adop- tion. 2 3 o CONSTITUTIONAL CONVENTION. Mr. SMITH. The proposition that is before the convention now has drifted entirely away from what it started with. Kule 51 has no application whatever to the printing of any matter that comes in here in its original condition, when introduced Rule 51 has reference only to matter that is finally reported by the eominijttee for insertion into the constitution, and has no application whatever to printing the propositions as originally made here. I take it we have waited nearly on to an hour's time and what have wo gained? How much better are you off? Can you make these rules any better? Are there any members in this house who are willing to amend these rules as they now stand so as to get them into such shape by which a single mem- ber of this convention can lock the wheels, and dictate to every other members. All propositions coining in here ought to be printed for the information of the members of this convention. Under this rule if this resolution, or this amendment, passes, you put yourself in shape where any one person can say no and that is the end of the matter. The rules as they were were good enough. I take it this convention is made up of intelligent men, as my friend from Johnston before remarked, and when a proposition comes in here they can determine whether they want it printed or not, and if it is not necessary to print it, if it is not of sufficient importance to print it, I think they will say no. The amendment offered by Mr. Morgan would have been satisfactory, but it did not change anything, but left the convention just where it was before; they would have authority to print or not to print. But if you adopt this last amendment offered you put it in the power of one man to say no, and you cannot have it printed. Take this subject of irrigation, and there are perhaps other subjects that are just as important, that ought to be printed. There may be one, two or three per- sons who are tolerably w T ell informed on the subject, but the rest know little if anything about it, and this report Avas handed to the convention that it might be printed for the information of the members. Let us leave these rules as they are. If the convention wants something printed, let them have it printed. I don't think there will be any great amount of printing ordered and if something important comes in that the members ought to be advised on, the convention can order it printed ; but if you adopt this amendment you lock the doors, for if one man ob- jects you cannot have it printed. Mr. IRVINE. I don't so understand the resolution as the gentleman takes it. I would like to have it read again before I vote. Mr. PRESIDENT. The secretary will read, in order that the convention may be informed as to the amendment. (Re-read, Teschemacher's amendment.) Mr. COFFEEN. The last clause of that resolution or mo- tion changes, if carried, the whole bearing of Rule 25, and has the serious objection that the gentleman has already raised;. PROCEEDINGS AND DEBATES. 231 that is, it gives one man the power in this convention to pre- vent the printing of any proposition, and thereby the just and general consideration of the question. As it now stands I am opposed to the resolution before the house, and shall vote against it. As it first stood, which was to take the sense of this convention on the report of the committee ; that the committee should report first whether it was advisable that such propo- sition should be printed or not that was a good idea. I was favorable to that, but it has drifted away from that, and comes up now in the shape of forbidding any printing whatever ex- cept by unanimous consent. Mr. TESCHEMACHER. I will strike out the word unani- mous from my resolution, so as to have something done. It would then stand that nothing be printed except by consent of the convention. Mr. COFFEEN. I withdraw my objection, if that word is stricken out. Mr. PRESIDENT. The gentleman from Laramie, Mr. Kiner, asks that the ayes and nays be called on the motion. The chair did not observe whether there was more than one second to the demand. I believe it requires two under our rules. Mr. RINER. There are five seconds, Mr. President. Mr. PRESIDENT. The ayes and noes will be called. Mr. COFFEEN. Before the call, I would like to ask wheth- er the word unanimous was stricken out? Mr. PRESIDENT. The chair will state that there was no motion. Mr. TESCHEMACHER. I am willing to strike out the word "unanimous." Mr. COFFEEN. With that word stricken out, I think I can support the amendment. (Calling of the roll, during which members in the committee rooms come in.) SECRETARY. Mr. Campbell? Mr. CAMPBELL. I ask to be excused from voting as I don't know a thing- about it. Mr. REID. I ask that the resolution be read, so the gen- tleman can vote on the subject. I object to his being excused. Mr. PRESIDENT. The gentleman is out of order; a prop, osition can not ba read while the roll is being called. Mr. PRESIDENT. There are some other parties outside, and I move that the sergeant-at-arms notify them so they can vote on the subject. Mr. PRESIDENT. Does any one move a call of the house? It is the recollection of the chair that a call of the house may be demanded by three persons. Messrs. RINER, BURRITT and CAMPBELL. Call of the house. Mr. PRESIDENT. A call of the house is ordered. The doors will be closed and the call of the house will proceed. 2 3 2 CONSTITUTIONAL CONVENTION. Mr. RIXP'R. I move the further call of the house be dis- pensed with so we may call the roll. Mr. REID. Second 'the motion. Mr. PRESIDENT. It is moved that the further call of the house .be dispensed with, and the roll be called. The secretary will call the roll. The question is upon the adoption of this resolution. All in favor of the resolution will say aye, as their names are called. Those opposed will say no. The gentlemen of the house will be seated. Mr. POTTER. I call for a reading of the question. Mr. PRESIDENT. When the roll is being called the gentle- man lias no right to call for a reading of the question. The vices of such person. Mr. BAXTER. I will move that the rules be suspended in order that we may procoeed to-day. Mr. SMITH. Second the motion. 276 CONSTITUTIONAL CONVENTION. CHAIR. It is moved that the rules be suspended and that we proceed to elect an enrolling and engrossing clerk. Are you ready for the question? All in favor of a suspension of the rules for the purpose named will say aye; those opposed, no. The ayes have it, the rules are suspended. The -house may proceed to the election of an enrolling and engrossing clerk. Mr. P>AXTER. I move that an enrolling and engrossing clerk be elected by this body, whose compensation shall be the same as that of the two assistant secretaries, and depen- dent ut>on the same conditions. Mrf SUTHERLAND. Second the motion. Mr. PRESIDENT. It is moved that the convention now proceed to the election of an enrolling and engrossing clerk, upon the same terms and conditions that the various other officers of the convention are employed. Are you ready for the question? All in favor of the motion will say aye; those op- posed, no. The ayes have it, the motion prevails. How will you elect, gentlemen? I will appoint as tellers, Mr. Reed of Laramie, and Mr. Elliott of Johnson. The gentlemen will pre- pare the ballots and proceed to the election as ordered. Mr. BAXTER. I desire to place in nomination the name of Mrs. Ollernshaw, and to say that it is hardly necessary to commend the lady to the Laramie county delegation who. know her. I only wish to add, for the information of the other members of the convention, that the lady has been em- ployed for some years in different capacities as a copyist, and that her qualifications for the position cannot be called intof question. She is a very rapid writer, and writes an unusually clear and legible hand. Mr. RIXER. Second the motion. CHAIR. Are there any further nominations? Mr. FOX. I move that Mrs. Ollernshaw be declared elected without further action. Mr. IRVINE. Second the motion. Mr. PRESIDENT. It is moved and seconded that Mrs. Ollern- shaw be declared elected by acclamation as enrolling and en- grossing clerk of this convention. Are you ready for the question? All in favor of the motion will say aye: those op- posed, no. The ayes have it, Mrs Ollernshaw stands elected. The presentation of petitions, ad memorials, and the intro- duction of propositions and resolutions' are now in order. The secretary will read the propositions in the order pre- sented. SECRETARY. File No. 66, by Mr. Reid, concerning Chi- nese labor. Chinese labor. Sec. 1. That it shall be unlawful for any contractor, builder or architect to employ Chinese laborers upon any public works within the limits of the state of Wyoming. PROCEEDINGS AND DEBATES. 277 Sec. 2. The legislative assembly shall by suitable legisla- tion see that the provisions of the foregoing section are en- forced. Mr. PRESIDENT. Unless otherwise ordered by the. conven- tion, this File No. 66 will be referred to Committee No. 10, on labor, e: t. SECRETARY. File No. 67, ordinances, by Mr. Harvey. Mr. PRESIDENT. File No. 67, unless otherwise ordered, will be referred to Committee No. 20, on ordinances. It is so 1 referred. Mr. Secretary. Gentlemen, File No. 58 is? reported back to the convention' l>y your committee of the whole with certain amendments rec- ommended. The iirst is to amend Sec. 1 by striking out all af^ tor the word "class" in the fifth line. What will you do with this recommendation as reported by the committee of the whole ?The question is upon the adoption of the recommenda- tion reported. All in favor of the amendment recommended by the committee of the whole will say aye ; those opposed no. The ayes have it; the section is so amended. Your committee of the whole also recommend to amend Sec. 2 by striking out the words "according to law" in the third line of said section, and inserting in lieu thereof the words "in the manner and under such regulations as may be prescribed by law." The question is on the amended section. Are you ready for the question? All in favor of the amendment as reported by the committee" of the whole will say aye; those opposed no. The ayes have it; Sec. 2 is amended. Mr. BURRITT. Mr. President. Mr. PRESIDENT. The geaitleman from Johnson, Mr. Bur- ritt. Mr. BURRITT. I move that we take a recess until 2 :30 this afternoon. Mr. POTER. Second the motion. Mr. PRESIDENT. It is moved that the convention now take a recess until 2 :30 this afternoon. The question is on tak- ing a recess. Are you ready for the question? All in favor of the motion will say aye; those opposed no. The noes have it. A recess is denied. The clerk will read the next section. (Reading of Sec. 3.) Mr. PRESIDENT. The committee of the whole recommend that Sec. 3 be amended by adding "except in the event that money so raised shall not be required or needed for the purpose for which the same was raised." The question is on the adop- tion of the proposed amendment as recommended by the com- mittee. Mr. POTTER. Would it be in order to move an amendment to that amendment? Mr. PRESIDENT. The matter is before the convention for the adoption of the proposed amendment, refusal to adopt it, or to further amend the file. 278 CONSTITUTIONAL CONVENTION. Mr. POTTER I move then that instead of the words rec j ommend by the committee of the whole, that the section be amended by adding the words "except by authority of law." Mr. HARVEY. Second the motion. Mr. BURBITT. Mr. President, Mr. PRESIDENT. The gentleman from Johnson, Mr. Bur- ritt. Mr. BURRITT. I wish to offer a further amendment. That in place of the amendment recommended by the committee that there be inserted here the words "unless it J be a small un j expended balance unnecessary for the purpose for which the same was raised." Mr. PRESIDENT. Does the gentleman move that as a substitute to the other amendment? Mr. BURRITT, I do, Mr. President. Mr. PRESIDENT. The committee of the whole recommend that Sec. ?> be amended by adding the words already read, "ex- cept in the event the money so raised shall not be required or needed for the purpose for which the same was raised." It is now moved by the gentleman from Laramie that the amend- ment proposed by the committee of the whole be amended by substituting the words "except by authority of law." The gen- tleman from Johnson, Mr. T'urritt, moves a substitute for the; substitute. The last motion cannot be entertained at this stage of the proceedings. The question will first come up, then on the substitute offered by the gentleman from Laramie, Mr. Potter, that the words "except by authority of law" be added, instead of the words reported by the- committee of the whole. Are you ready for the question? Mr. BAXTER. Mr. President. Mr. PRESIDENT. The gentleman from Laramie, Mr. Bax- ter. Mr. BAXTER. In view of the fact that this matter has been discussed almost entirely by the lawyer contingent of this body, it seems to me that it is time the laymen expressed their views on the subject. It seems to me that the provisions, as returned by the committee is the one that w r e should adopt, and I am not inclined to sanction any of these amendments that are proposed, and for this reason. It is provided in the printed report, as we have it here, that no money raised for one purpose shall "ever be diverted to any other." That is the sub- stance of the bill. That, of course, could not be so constructed as to provide that any excess raised in this way should not be returned to the parties who contributed this tax, or supplied the tax. If there should be any such surplus it would properly be the property of the people a gainst whom the assessment was made, and should be returned to them, and I anticipate thajt there will be no legal difficulty in the way of securing that re- turn, as it would be an illegal tax. It would be an illegal as- sessment because it exceeded in amount the sum necessary to carry out the purpose for which it was levied, and such surplus AND DEBATES. 279 would, of course, have been illegally collected, and while there might be some trouble in returning to any large number of peo- ple such an excess as would be on hand in small amounts, it seems to me that it would be better to anticipate such an evil ' as this than to leave the doors open for any possible assessment that might be made two or three times greater than the amount required and levied for the purpose, with the idea of applying it to some other purpose, that is, the surplus on hand, and I think it would be better to shut the door right there, without any of those amendments, upon the ground that it is the lesser of two evils. Mr. SMITH. Mr. President, I would like to ask the gentle- man from Laramie a' question. In the first place, I want to say that if the surplus was collected or received from the parties assessed it would be no illegal tax, if they were not forced to pay it. But that is not the question. This section provides for the borrowing of money for a specified purpose. Does the gen- tleman mean to say that if a surplus was left in the fund bor- rowed in that Avav, that it would be illegally received by the municipality? Mr. BAXTER, I made that statement, having heard it ar~ argued yesterday by the lawyers who were discussing this ques- tion. I don't know that it would be illegal in that case of a loan; but it should certainly be properly returned I think. Mr. SMITH. I do not care to make any argument on that subject today at all, as it was fully discussed yesterday, but all I want to say now is to call the attention of the house to the substitute now before us. If you put in that "except as provid- ed by law" you entirely take away the force of that section. You leave it to the legislature to say whether the surplus shall go to some other fund or be turned into the treasury. I don't pretend to say whether the amendment as placed here yester- day will reach the point desired or not but there should be some- thing here which should be definite, and we should not depend! upon the legislature to reach it. Mr. CAMPBELL. I move the previous question. Mr. EEID. Second the motion. Mr. PRESIDENT. The question now is shall the main ques- tion be put. All in favor that the main question now be put will say aye; those, opposed no. The ayes have it; the motion! prevails. The question is now upon the adoption of the substi- tute offered by the gentleman from Laramie, Mr. Potter. AH in favor of the adoption of the substitute will say aye ; those op- posed no. The chair is in doubt. A division is called for. All those who favor the substitute will rise to their feet and stand until counted. Twenty-one. All those opposed to the substi- tute will rise and stand until counted. The chair counts fifteen opposed. The motion prevails; the substitute is adopted. The question is now shall the bill be amended in accordance with the tejrms of the substitute? All in favor of the motion will say 2 8o CONSTITUTIONAL CONVENTION. aye; those opposed no. The ayes have it; the proposition is amended as proposed by the gentleman from Laramie, Mr. Pot- ter. (Reading of Sec. 5.) Mr. PRESIDENT. The proposition originally presented is recommended to be amended by adding the following section, I will read it again for the information of the convention. SECRETARY. Sec. 5, to be added as follows: Municipal corporations shall have the same right as indi- viduals to acquire water rights by prior appropriation and oth- erwise to the use of water for domestic and municipal purposes and the legislature shall provide by law for the exercise on thq part of incorporated cities, towns and villages of the right of eminent domain for the purpose of acquiring from prior appro- priators upon the payment of just compensation, such water as may be necessary for the well being thereof and for domestic uses. Mr. PRESIDENT. The proposition originally presented is recommended to be amended by addition of the section just) read. The question is now upon amending by adopting thq section as read. Are you ready for the; question? All in favori of the question will say aye; those opposed no. The ayes have it; the original proposition stands amended by adding Sec. 5. Mr. BURRITT. I would like to ask if the proposition as a whole is subject to amendment. Mr. PRESIDENT. The whole proposition is now before the convention for amendment or other disposition. Mr. BURRITT. I move to strike out all of Sec. 3 after the words "specified by law" in the fifth line. Mr. POTTER. * Second the motion. Mr. PRESIDENT. It is moved that Sec. 3 be amended by striking out all of said section after the words "as specified by law" in the fifth line of said section. Are you ready for the question ? All in favor of the motion will say aye ; those oppos- ed no. The ayes seem to have it; a division is called for. All in favor of striking out will rise to their feet and stand until counted. The chair counts twenty-three. All opposed to strik- ing out will stand. Five. The motion prevails. Are there any further amendments? Under our rules, without some action by the convention, this bill would now come up for final reading, Do you desire to have it referred for engrossment? Mr. TESCHEMACHER, Do I understand that this bill Is a part of the constitution? Mr. PRESIDENT. It is to be. Mr. PRESIDENT. Under our rules after the committee of the whole are done with it, and as it has been agreed to by the con- vention it is referred to the revision committee, and after that it is engrossed under their direction. That is the way I read these rules. Mr. POTTER. I think it goes to the revision committee af- ter we have adopted it. PROCEEDINGS AND DEBATES. 2 8l Mr. PRESIDENT. The only question is whether it is not so mutilated in its present form that it could never be understood quite what was adopted by this convention. If it should be en- grossed at this time and then adopted then it could go to the ret vision committee, and they would understand what has been adopted by the convention. In its present form there might be some doubt about it. Mr. TESOHEMAOHER, That is just the point, Mr. Presi- dent. I don't see where the revision committee comes in. We might make some changes not intended by the convention at all. If the rules do not cover this I would like to suspend the* rules so that these amended bills can be referred to the revi- sion committee to take charge of the engrossment, and see that this bill is properly engrossed. Mr. PRESIDENT. I will read the rule that controls this matter. "All reports of the committees containing matter to be incorporated in the constitution shall be considered in the order in which the reports are made, and upon their introduction and full reading before the convention such matters to be incorpo- rated shall be laid upon the table and (when so ordered) be printed, and when printed (if so ordered) shall be placed upon; the calander to be considered in committee of the whole con- vention, and if not ordered printed they shall be placed upon! the calander to be considered by the committee of the whole." This proposition has been considered in committee of the whole and reported back for action in the convention. According to the next rule, No. 52, "when such propositions shall have been] considered in the committee of the whole and amendments thereto have been disposed of by the convention, the question; shall be on ordering the final reading and fixing the time thereof." Mr. POTTER. I move that this file be finally read, section by section, and each section submitted to the convention fotf final passage separately. Mr. HARVEY. Second the motion. Mr. PRESIDENT. On the final reading of a bill or propo- sition, it is the reading of the whole bill and not a section, and the vote must be taken on the whole bill by the ayes and noes. Mr. POTTER. As this is the first time this question has come up, I say let us have it decided. I apprehend that every section of this constitution is a separate proposition. This is not like a bill before a legislative body at all. They dis- pose of the subject matter. This is entirely different. I may object to but one section in a bill. Do you mean to say thai* I am bound to vote down that whole article because I cannot support one section of it, when I may be in favor of all the? rest of it. I take it not. I believe in a matter of this kino! we have the right to vote upon it section by section, otherwise many of us will have to be absent, and not vote at all, or else will have to vote no. 282 CONSTITUTIONAL CONVENTION. Mr. PHKSIDKNT. The chair is of the opinion that when a fM'oposuion is reported by the committee of the whole, it si a IK!:; as a whole proposition before the convention, and when finally read, for adoption, it is read as a whole, and must be voed on as a whole. Mi -.POTTER. I desire to take appeal from the decision of the chair. Mr. PRESIDENT. An appeal is asked from the decision, of the chair upon the point stated. All supporting the appeal from the decision of the chair will rise to their feet and stand until counted. Mr. COFFEEN. Although I do not wish to appear im. modest, or to intrude, I am of the opinion that the question should be shall the decision of the chair be sustained, taking the affirmative side of the question first. Mr. PRESIDENT. The suggestion of the gentleman is: correct. Shall the decision of the chair be sustained? All- in favor of the ruling will rise to their feet ands tand until counted. 25. All opposed will rise and stand until counted.. 8. The decision of the chair is sustained. Gentlemen, the motion of the gentleman from Laramie, Mr. Potter, is as to- the final reading of the bill, and fixing^ the time for the same. (The chair ruled the motion as made to read by section out of order. The question now is when will the final reading of the proposition be had? Mr. RINER. I move that the proposition be now finally read and submitted to the convention for their final action, and that the roll be called. Mr. CAMPBELL. Second the motion. Mr. PRESIDENT. It is moved and seconded that the prop* osition be put upon its final reading. Are you ready for the question? All in favor of the motion will say aye. Mr. FOX. Mr. President. Mr. PRESIDENT. The gentleman from Albany, Mr. Fox. Mr. FOX. I would like to ask a question for information. Provided this file is adopted as it stands, would it prevent the introduction and passage of another section at a future time, and if the revision committee could add it to this file? Mr. PRESIDENT. The chair does not pass upon any mat- ter of thnt kind. Mr. FOX. It is my opinion this file can be passed, and become a part of the chapter on municipal corporations, and that other sections, if introduced and passed, could be added to this file, according to the judgment of the revision com. mittee. Mr. PRESIDENT. It is the impression of the chair that the passage of one proposition does not preclude the passage of another. Mr. McOANDl.ISH. I would like to ask for information. In Rule 55, I find, "The final vote agreeing to each proposi- tion and upon agreeing to the instrument as a whole shall be PROCEEDINGS AND DEBATES. 285 taken by the yeas and nays, and no such proposition shall be considered as agreed upon, nor the instrument as a whole except a majority of the delegates present vote therefor." Have we voted upon this separate proposition? Mr. PRESIDENT. We are about to vote on a separate proposition the first time after the final reading, Mr. COFFEEN. I would like to call attention to one point. We have proceeded with the consideration of these sections, and amended them, but I have heard no motion to adopt a single one of them as amended, and this rule that the: gentleman has just read would indicate to my mind that we must adopt them as sections before we should proceed to the final reading and adoption as a whole. Mr. 'PRESIDENT. Amedments have been adopted to the different sections, which have been from time to time before the convention for its consideration. Mr. COFFFEN. But has a motion been carried this morn- ing to adopt any one of these sections. They have been amend- ed, but was there any motion to adopt the sections as amend- ed? I think not. Mr. PRESIDENT. The question is upon the final reading of the whole proposition as amended, and its final passage. Is there objection? Mr. PALMER. I would like to ask for some information. I am in favor of all of this article except section 3, and object to only part of that. I want to know how I am able to> vote for the article with that section in. I want to vote for it, but as it stands now, I would be unable to express niy opinion; on the matter. Mr. PRESIDENT. The gentleman could have easily reached his objection. He had the right to amend -by striking out any part of the bill w r hen it was before the convention for amend- ment. There was no trouble in reaching that matter whatever. The gentleman made no motion to strike out the section, or to otherwise amend it. It was amended and the amendments stand as the action of the convention. Mr. COFFEEN. I hope I may not appear to be too persist- ent, but I wish to read this section of the rules. Rule 55. "The final vote agreeing to the instrument as a whole shall be taken by the yeas and nays." Now let me argue on that "when agreed to as a whole." The rule says "when agreed to as a whole'* shall be taken by the yeas and nays. I say we are not ready for that. I have not yet been able once during the whole de- bate to vote upon any of those sections. I have voted only on the amendments to the sections, but have not been called upon to agree to the proposition as amended, on single sections, and I therefore stand as the gentleman from Laramie, Mr. Potter, that we have the right to first cast our vote on these sections separately, and then upon the proposition as a whole. Mr. CON A WAY. I consider this question all out of order, but I also ask the privilege of saying a few words out of order. .284 CONSTITUTIONAL CONVENTION. The question discussed by the gentleman from Sheridan, Mr. Coffeen, has, as I understand it, already been passed upon by the chair, and the decision of the chair appealed from, the dif- ference of opinion being as to whether the word proposition, means section, or whether a single proposition may include sev- eral sections. The chair has ruled that a proposition contain- ing several sections, when reported back by the committee of the whole is one proposition. The convention sustained the de- cision of the chair when the appeal was made, and I therefore consider all the remarks since that decision were out of order, and shall raise that point of order against any further discus- sion of this matter. Mr. PRESIDENT. The chair considered the whole matter rsettled by the com'ention, but I wish to state in answer to some suggestions that have been offered, that it is unquestionably the opinion of the chair that when the committee reports back .a proposition to the convention, the whole matter reported is a single proposition, no matter how many sections may compose it. The matter referred to in the latter part of Rule 55 refers to the entire construction, and not to a proposition, nor to any portion thereof. We are to vote upon the whole constitution whenever it shall be drafted and presented to the convention, and the latter .part of this rule applies to that and not to any portion of propositions reported by committees, either as an en- tirety or as a part. The secretary will read. (Final reading of File No. 58.) Mr. PRESIDENT. The question now before the convention is the adoption of File No. 58 as amended, to be adopted as a part of the constitution. All in favor of the proposition con-> tained in File No. 58 as amended will say aye as their names ;are called; those opposed no. Mr. MORGAN. I desire to ask for information. Is this* proposition at this stage subject to amendment? I can see that it is because nobody would allow a proposition or bill to get out of their control entirely until final passage of it was had. There may be amendments which we may wish to offer to cer- tain bills, and I think that when a bill is before the convention we still have the right up to the time the ayes and nays are called, we still have the right to amend that bill as we wish. Mr. PRESIDENT. The chair is in doubt. It is the impres- sion of the chair that after the final reading of a bill has been ordered, and when the vote is about to be taken on the final passage, by a call of the ayes and noes, that it has passed the point of amendment; but, as I say, I am in doubt about this, and leave it for the convention to dispose of at this time as they may think best. Mr. RINER. I ask that the ayes and nays be called. Mr. PRESIDENT. The ayes and nays have been ordered on the passage of this proposition. The clerk will call the roll. (See journal page 51.) PROCEEDINGS AND DEBATES. 285 Mr. PRESIDENT. Gentlemen, the vote on the proposition contained in File No. 58 is as follows: Ayes, 30; noes, 9; the proposition contained in File 58 has been adopted by the con- vention. Mr. TESCIIEMACHER, I give notice that having voted with the majority I shall move to reconsider the vote on this proposition; I believe it requires twenty-four hours notice. Mr. IRVINE. Second the motion. Mr. PRESIDENT. Rule 39 provides that a motion to re- consider must be made by a member voting with the prevailing side, and such motion to be in order must be made within the next day of actual session of the convention after such vote was taken, and the same shall take precedence of all motions ex- cept a motion to adjourn. Does the gentleman wish to move to- consider it at this time? Mr. TESCHEMACHER, I move to reconsider the vote now, Mr. POTTER. I move that motion be laid on the table. Mr. MORGAN. I move that the whole subject be indefi- nitely postponed. I do that because the motion to lie on the table is not debatable, and if it takes that shape we can then^ bring this matter up for discussion again if we see fit to do so, Mr. PRESIDENT. There is one thing I was intending to speak of, and that is a motion to lay on the table carries the whole proposition with it, and if the mover of that insists upon his motion he must remember that he tables the whole propo- sition at the same time. Mr. POTTER, I made that motion to save time, but as it does not seein to answer the purpose I withdraw it. Mr. MORGAN. Then I will withdraw my motion to indefi- nitely postpone. Mr. COFFEEN. A motion to consider shall have prece- dence- of all other motions except to adjourn. I do not wish to take up the time of this convention, as we are already taking up too much time on account of the difficulties interposed by our- different construction of the rules. I wish to say, however, that I am in favor of reconsideration for this reason. That I stand with some who have already expressed themselves and desire to amend this section. Mr. CAMPBELL. I rise to a point of order. Mr. PRESIDENT. What is the point of order? Mr. CAMPBELL. A motion to reconsider is not debatable. Mr. PRESIDENT. That is the opinion of the chair. Mr. COFFEEN. Not debatable. Mr. PRESIDENT. Yes. The question is on the reconsidera- tion of the vote taken by which File No. 58 was passed. All in favor of the motion will say aye, as their names are called; those opposed no. The clerk will call the roll. Mr. POTTER. I rise to a question of privilege. I wish to explain my vote. I voted with the majority for the adoption of this proposition, and I think the proposition as a whole is a good one, and I do not see myself the necessity for offering 2 S6 CONSTITUTIONAL CONVENTION. amendments, but I consider it important that we should get our propositions in such shape before final passage that they shall be satisfactory to all members of this convention desiring to vote for the general proposition, so I shall vote in favor of a reconsideration with a view of giving an opportunity for the perfection of this amendment to that extent, so that it will be satisfactory to all of the friends of the proposition. Mr. PRESIDENT. For the benefit of the members the chair desires to explain. Whenever you vote for a proposition and the vote is in the ammative, you have adopted that proposition in the opinion of the chair. When it is incorporated into the constitution the constitution comes before the convention for their action. It may be amended, portions of it may be strick- en out, or treated in any manner that you please. The adop- tion of this now is not the final disposition of it in the opinion of the chair. The clerk will proceed with the roll call. (See journal page 51.) Mr. TESCHEMACHER, Mr. President. Mr. PRESIDENT. The gentleman from Laramie, Mr. Teschemacher. Mr. TESOHEMACHER. It is probably out of order for me to appeal from the decision of the chair at th,is stage of the game in. deciding that a motion to reconsider is not debatable. As I understand it when any matter is not covered by our rules then dialling's Manual shall apply, and as this subject may come up again, I would like to read a section from the Manual on this question. "On a motion to reconsider the whole subject is as much open for debate as if not discussed at all, and if the motion prevails the subject is again opened for debate." I could not give my reasons for so voting, as the chair ruled that a mo- tion to reconsider was not subject to debate. Mr. PRESIDENT. Gentlemen, the vote on the motion to re- consider was as follows : Ayes, 18 ; noes, 21. The motion to re- consider is lost. Mr. RINER. I move we take a recess until 2 o'clock. Mr. POTTER. Before that is acted upon I would like tc* give a notice. Mr. RINER. I will withdraw my motion, . if it is a notice only. Mr. POTTER. I give notice that on tomorrow I will move an amendment to Rule 55, by striking out the word proposition and inserting in lieu thereof the words section and article. Mr. RINER. I now wish to renew my motion. Mr. REID. Second the motion. Mr. PRESIDENT. The question is now upon talcing a re- cess until 2 o'clock. All in favor of the motion will say :iyo; those opposed no. The ayes have it; the convention will take a recess until 2 o'clock. . PROCEEDINGS AND DEBATES. 287 1TO AFTERNOON SESSION. i Thursday afternoon, Sept. 12th. Convention reassembled at 2 p. m. President Brown in the chair. Mr. PRESIDENT. Convention come to order. Gentlemen of the convention: A resolution was finally pass- ed yesterday adopting the constitution of the United States. There was no motion to dispose of it after it was passed, and the chair will refer it to the committee on revision, unless there is some other disposition ordered by this convention. It seems to me that all of these matters when once finally adopted should should be referred directly to the committee: on revision. If there is any other disposition desired by the convention, the chair is ready to conform to any motion that may be made. Mr. FOX. Would it not be well enough to have it en- grossed and then referred to the revision committee? Mr.PRESIDENT. Unless the convention otherwise order the file reported by the committee on ordinances, No. 20, adopting the constitution of the United States, will ,be referred to the committee on revision. As there is no other reference request- ed, it is so referred, Mr. Secretary. I would state to the conven- tion that the proposition that was passed this morning con- tained a large number of amendments. The amendments that were adopted by the convention have been ordered written out by the engrossing clerk, as a matter of information to the com- mittee on revision. The bill with the amendments and the en- grossed copy will be referred to the committee on revision, un- 1 less otherwise ordered. Is there objection? The chair hears none, and it will be so referred. Mr. HOYT. May I suggest that it seems to me that it would be proper that the revision committee, of which I am a mem^ ber, would simply have the net result and not the details. If these propositions are referred to the revision committee with, all the amendments, it might be confusing to the committee ? Mr. PRESIDENT. We have no rule upon that question, and if the convention will make some rule or order in refer- ence to this matter of engrossing, the chair would be glad to have it do so. Mr. TESCHEMACHER. Mr. President. Mr. PRESIDENT. The gentleman from La ramie, Mr. Teftchemacher. Mr. TESCHEMACHER. I notice that one of the rules makes the revision committee an enrolling committee. I see no reason at all why we should not also act as an engrossing committee. As chairman of the revision committee, I am perfectly willing to undertake that work, provided the con- vention desires to have us attend to it. Rule >4, to which I referred, says that the constitution as a whole should be care- fully enrolled under the supervision of the revision committee. J ^ J0d 2 8S CONSTITUTIONAL CONVENTION. and it seems to me that if we are to attepd to the revision revision and enrollment of the different articles that we might as well look after the engrossment. Mr. BURRITT. If the chair will allow me to make a sug- gestion. The committee on rules, when this rule 54 was under: discussion, fully talked over this matter of engrossment, and. it was agreed by that committee that the committee on revis ion would have to look after this matter of engrossment, and we did not appoint any engrossment committee for the reason that we had no funds to supply an engrossing committee with an engrossment clerk. But now that we have an engross- ment clerk to do the work of enrolling and engrossment, it seems to me that it would be well to have it all done uncles the committee on revision for which the gentleman from Lara- mie, Mr. Teschemacher, speaks. Mr. PRESIDENT. The chair will state that hereafter, w r henever these propositions have passed, if there is no objec- tion, they will be referred to the committee on revision as an engrossment and enrolling committee, and they will have entire charge of the matter. The chair will understand that all of these matters when finally passed are to go to this com- mittee as fast as adopted. Gentlemen, in this morning's session, a point of order was raised to a motion to reconsider being debatable. At the time the point was raised, it was the belief of the chair that our rules expressly provided that it should not be debatable,, and refused to sustain the point of order. In so doing this chair did an injustice to the gentleman from Sheridan, Mr, Coffeen, and to the gentleman from Laramie, Mr. Tesche- macher. The chair desires to apoligize for his failure to ob- serve the rules, and askes the pardon of the gentlemen for any wrong committed. It was an error the chair committeed in the hurry of the moment. There are several matters on the general file, for consid- eration in committee of the whole, and a motion to go into* committee of the whole is now in order to consider the gen- eral file. Mr. BURRITT. I move we now go into committee of the whole. Mr. BAXTER. Second the motion. Mr. PRESIDENT. Gentlemen, it is moved that we da now go into committee of the whole for the consideration of the general file. All in favor of the motion will say aye; those opposed, no. The ayes have it; the motion prevails. I wish to say by way of explanation at this time, that file No. 57, the file concerning irrigation was reported back to the conven- tion by the committee on irrigation, and as stated by the chairman of the committee, or onto of the members of the committee at the time, it was not intended to be incorporated into the constitution in the form that it was reported back, but that it contained suggestions to be considered for* that PROCEEDINGS AND DEBATES. 289 purpose. It hasi been placed on the general file an>l will go before the committee of the whole with that understanding and explanation. Will Mr. Smith of Carbon please take the chair ? Mr. CHAIRMAN. The first matter to be considered by the Committee is file No. 57. The clerk will read. Mi*. BROWN. I move to amend section 1 by striking out the words "not heretofore appropriated,-' in the second line of said section, and by inserting- in the third line in said se- tion after the word "to," the words "prior or future." The section if amended in that form w r ould read as follows: "Thq water of all natural streams, springs, lakes or other collec- tion of still water, is hereby declared to be the property of the state, subject, however, to prior or future appropriations for beneficial uses." CHAIR. Do I hear a second to the motion? Mr. CHAPLIN. Second the motion. CHAIR, Gentlemen, you have heard the amendment; is the committee ready for the question? Mr. JOHNSTON. Will you please read that again as it should read? CHAIR, With the amendment, it would read in this way: (Quoted above.) Mr. BROWN. Mr. Chairman. Mr. CHAIRMAN. The gentleman form Albany, Mr. Brown. Mr. BROWN. I believe that we should declare unquali- fiedly that the state, or the people of the state are the owners, of all the waters in the state, whether they have been acquired by prior appropriation or otherwise. As this bill reads as originally presented, it leaves the people who have appropri- ated a portion of the w r ater as the absolute owners of it, and the state will declare that they have no ownership whatever to any of the w r aters that have been heretofore appropriated. If they so declare, it wrould be utterly impossible! for the leg* islature, or any power of the state, to control, regulate, or ii^ any manner interfere with its use. It is only by the declara- tion that we are to be the absolute owners of all the water that we may be enabled to control unreservedly the uses to which, it may be put. Mr. CLARK. Mr. Chairman. Mr. CHAIRMAN. The gentleman from Uinta, Mr. Clark. Mr. CLARK. I would propose an amendment. I would vote in favor of the w r ord "prior, ; but it seems to me that the idea of the mover would be equally carried out if the word "future" should be omitted, so that the sentence would read "subject, however, to prior appropriations for beneficial uses." I fail to see any significance in the words "future appropriation." If the water were the property of the state, the state could prov- vide in whatever manner it chose for the future disposition of the rights to w r ater. 19 290 CONSTITUTIONAL CONVENTION. Mr. CHAIR-MAX. Do I understand you as making that as an amendment? Mr. CLARK. I am making it as a suggestion to the mover! of the amendment. Mr. JOHNSTON. Mr. Chairman. Mr. CHAIRMAN. The gentleman from Laramie, Mr. John- ston. Mr. JOHNSTON. I should like to read a little from the Unit- ed States statute in regard to this matter. "Whenever by pri- ority of appropriation the possessory rights to the use of water for mining, agricultural or other purposes have passed and ac- crued, and the same are recognized and acknowledged by local customs, laws and decisions of courts, the possessors and own- ers of said aforesaid rights shall be maintained and protected in the same, and the right of way for the construction of such 1 ditches, or flumes, as may be necessary, is hereby acknowledged and confirmed." It would seem to me that this would confirm the rights to appropriations already made, and it was for this reason that this bill was worded in the manner that it was. Mr. FOX. I think this amendment is offered for the reason that if the state claims this water, it should be subject to fu- ture appropriation, and I think it proper that it should go in there. I don't think it would be right to declare that all water belongs to the state, and not have it subject to future appropri- ations, and I think this amendment should go in there. Mr. CHAIRMAN. Are there any further remarks? If not, the vote will be taken on the amendment as suggested by the gentleman from Albany, Mr. Brown. All in favor of the amend- ment as offered will say aye; those opposed no. The ayes have it; it is so amended. The clerk will read Sec. 2. (Reading of Sec. 2.) Mr. POTTER. Mr. Chairman. Mr. !". ( 1 II A I UMAX. The question is on the motion to refer this proposition to the committe on irrigation. Those in favor of the motion will please say aye; those opposed, no. The nyes have it and it is ordered referred to the committee on irrigation. The clerk Avill read the next section. (Heading of section 2.) Mr. nrKKITT. I move that section 2 be stricken out. Mr. 0)XAWAY. Second the motion. Mr. CHAIRMAX. It is moA r ed and seconded that sec- tion 2 be stricken out. Are you ready for the question? Mr. I>URRITT. Mr. Chairman, as the authorized repre- sentative of the committee on irrigation, I desire to lay be- fore the convention some of the considerations which have been laid before our committee, which have influenced us to a great degree to make this extraordinary report. I have in my hand a paper prepared by the territorial engineer, Prof. Mead, treating upon this subject, and showing very conclusively what is the trouble with our present irrigation system, which is the exact direct opposite to the one proposed by this bill, and as intro- ductory to, and supplementary to that report I de- sire to call the attention to a few figures in relation to a few ditches taken from Horse creek and its tributaries, a creek, the water of which has been diverted and the appropri- ataion decided by the district court of this district. Horse Creek Live Stock company ditch, 160 acres, two cu- bic feet. That is 80 acres of land to a cubit foot of water peij second of time. Carey Horse Creek ditch Xo. 7, 140 acres, sev- en cubic feet of water, or a cubic foot of water for every twenty acres. Going on down we come to Carey Horse Creek ditch No. 8, 190 acres, with twenty cubic feet of water for the ap- propriation there. Then there is the McLoughlin ditch, cover- ing 100 acres, with an appropriation of two cubic feet of wa- ter; that would be about one cubic foot of water to 50 acres. ,The,re are others still more out of proportion than these I have quoted here, but, gentlemen of the convention, that is the de- 1 cree of the district court for the first judicial district of Wyo- ming, sitting in Cheyenne, on the appropriation of water from Horse creek. It runs all the way from a foot to 15 acres to twenty feet to 150 to 200 acres. Xow in the ordinary condi- tion of tilings it is an almost universal rule that one cubic foot of water per second of time will do service for 50 or 00 acres;. It has been fully demonstrated, I think, that we have got this thing wrong end to, that we have got the cart before the horse, in submit ling a natter to the court abo-it which they have nlo knowledge, officially or practically, and to enable it to get any knowledge it would have to spend a series of years in studying the question, and then when the decree is made, find, that it had not diverted the water according to the use that PROCEEDINGS AND DEBATES. 297 it was required to be put to. I desire to read you Prof. Mead's report on this subject. (Prof. Mead's report.) The committee on Irrigation simply bring in this report for the infarmatior. of the Committee. Mr. HAY. I move when this Committee arise they report back this file with the recommendation that the whole file be reported back to the Committee on Irrigation. Mr. BURRITT. I would like to make an amendment before that is done. I desire to amend section five by inserting be- tween the words "state" and "engineer" the word hydraulic. Mr. JOHNSTON. I desire to state that in the original bill creating the office of state engineer, it was drafted "StatxJ Hydraulic Engineer." There were very serious objections raised to it on the ground that it might prevent him from performing; any other duties in connection with those that he might perf om in the engineering line, and that he should be called the state engineer and that would include all the duties w T hich might come within his office. That was the objection to the original draft of the bill creating that office. Mr. CHAIRMAN. All in favor of the motion will say aye ; those opposed no. The noes have it; the motion is lost. Mr. FOX. I would suggest that when this is referred back to the committee that the words "and such other duties as may be prescribed by law" be added to the section, for this reason. We do not expect the engineer to do anything that is not in the line of his official duty, but circumstances might arise whereby the engineer of this state would be required to attend conventions in an adjoining state, and the legislature might di- rect him to do this, and under this law, might say it was not his duty without extra pay, and I think all of that kind of things ought to be. ai part of his duty if the legislature requir- ed that he should be required to do it. Mr. HAY. I wish to insist upon my motion to refer this file on irrigation back to the irrigation committee. Mr. CHAIRMAN. The question is on a motion to refer File 51, on irrigation, back to the irrigation committee. Are you ready for the question? All in favor of the motion will say aye; contrary no; the ayes have it; it is so referred. The gentlemen can make all of these suggestions to the committee. The next thing on the general file is the substitute for Files 19 and 22, county orgn mention. The clerk will read Sec. 1. Any amend- ments to Sec. 1 ? The chair hears none. Sec. 2. Mr. CAMPBELL. In the fourth line /between the words "two" and "millions" there should be inserted the words "five hundred thoasand," making it read "two million five hundred thousand." Mr. POTTER. I would amend the amendment by striking out the word "two" and inserting the word "three," so it will read "three million." 2 9 8 CONSTITUTIONAL CONVENTION. Mr. CHAIRMAN. Gentlemen, you have heard the amend- ment to the amendment. Are you ready for the question? Mr. COF'FEEX. I am not read}^ for the question until it is- discussed. I come from a county that is one of the newest in the sisterhood, and is in today perhaps as good, if not better, financial condition than any county in the territory, and by these provisions, as they now stand, it would have been im-^ possible to have secured an organization of Sheridan county, for we have not even now two millions of taxable property, according to the last assessment in our county, and therefore I am opposed to increasing and heaping up difficulties in tha way of organizing new counties, by making the assessable; valuation of taxable property too high. The greatest diffi- culty in the management of counties is the necessary use of funds, but a taxation on two millions of taxable property or ; valuation will give more funds than is needed for the proper running of, ordinarily, any counties that will be organized, if they are conducted on an economical and proper basis ; we w T ere organized with an assessable property valuation of not over a quarter of a million, and have gotten along very well, and are doing well now, and expect to prosper, understanding our own affairs very well. This with only a quarter of a million taxa- ble valuation. Then ,again, I wish to call the attention of the delegataes who all favor the more rapid development of this territory, and to ask you to consider tw^o or three things. In the first place you are seeking statehood because by the local government of your affairs you can more advantageously man- age your own affairs, and I agree with you there, but will you deny to those communities and districts who desire on a less- amount to begin business and set up for themselves, local gov- ernment, upon the very same principle on which we are seek- ing statehood? Is it not the best policy, is it not best in the benefit of our resources to facilitate the organization of new counties, that you fix this so that counties having enough tax- able property as is sufficient for an economical home manage- ment, may organize, when they so desire, and 1 hold that but one-half of two millions is plenty for any new county to .start upon with careful management. Mr. RINER. In what condition did it leave Johnson county? Mr. CAMPBELL. If Sheridan county is in such a prosper^ ous condition, why is it their warrants are selling at such a, discount today? Mr. COFFEEN. Provided we can properly discuss it, I shall hold myself in readiness to explain. Mr. POTTER. I think with the gentleman from Sheridail so far as Sheridan county is concerned, it has done very well iiuliM-d. I know that that county has got along very nicely, but I believe also that it is possibly almost a solitary excep- tion. They have conducted their affairs in a very economical in aimer, and if it had been done otherwise, if it had been nee- PROCEEDINGS AND DEBATES. 299 essary for them to have had any unusual expense, if they had had any term of the district court there, within a year of their organization, they would have found themselves 'without the power to keep themselves free from debt. Under other circum- stances 1 , although I say it is a county that is going to grow, and they have conducted their concerns so economically, they could not have kept themselves out of debt. Now in the very ne^xt county, with a taxable valuation of one million seven hun- dred thousand, not two millions, they tell me, those who are acquainted with the affairs of that county, that it is almost impossible for them to exist and keep out of debt, and that instead of getting out of debt the chances are that they will become deeper and deeper involved. NOAV, as we well know, I think there are great theories concerning the organization of new counties, have grown up in every state. The desire is t;: of things in their own hands, and to rid themselves of a man who was threatening the peace and welfare and safety PROCEEDINGS ANT) DEBATES. 305 of the town, and it was only in self defemse. I know the parties well, but of course that is only a difference of opinion. As to what the gentleman from Laramie has said about our not hav- ing any courts, I cannot say what his information was, but all I can do here is to come before you a referred to the printing committee will so signify by saying- aye; contrary, no. The ayes have it, it is so referred. Mr. ELLIOTT. It is 'only the substitute offered by the- committee that is ordered printed, is it not? Mr. PRESIDENT. It is so understood. SECRETARY. Report of committee No. 16. (See journal, page 61.) Mr. PRESIDENT. Gentlemen, you have heard the report of your committee, what is your pleasure? Mr. GRANT. I move it be referred to the printing commit- tee and ordered printed. Mr. MORGAN. Second the motion. Mr. PRESIDENT. It is moved and seconded that the re- port be referred to the printing committee. Are you ready for the question? All in favor of so referring it will so signify by sj lying a\v; contrary minded no. The ayes have it; it is so re- ferred. SECRETARY. Report of Committee No. 4. (See journal page 61.) PROCEEDINGS AND DEBATES. 327 Mr. PRESIDENT. You have heard the report of your com- mittee; what is your pleasure? Mr. CON AW AY. In regard to this report, the main pro-i visions, or the main subject of this report, the organization of our courts, is a question upon which I understand this con- vention is divided in opinion, and it may facilitate business- to discuss that proposition now as to the organization of our; supreme court, and if the convention does not agree with the report of the committee, it would facilitate business to have- them say so now, and refer the matter back to the committee- with instructions as to what they do wish in regard to this matter. I say this because we have recommended the estafc- lishmerit of a separate supreme court, consisting of different judges from those who constitute the judges of the district courts. I know there is a difference of opinion as to the pol-. icy of that method, or that organization of our courts, the principal objection being that very important one of economy. If a majority of the convention is not in favor of a separate supreme court and so expresses their opinion, and wish the present system of a supreme court to be adopted, that is, mak- ing the judges of the district court judges of the supreme? it would facilitate business to have the matter referred back; at once to the committee with recommendations to that effect. We are not aware what the wishes of the majority of the con- vention are, and if this matter takes the usual course, and we refer it to the printing committee now, we cannot get it back until to-morrow, and perhaps if it is amended in com- mittee of the whole, or referred back to the judiciary commit- tee for revision after that it will take at least one additional day, and it seems to me that t would be a matter of expediency to have an expression of opinion upon its main feature at this time, as to whether or not a separate supreme court is desired. Mr. GRANT. I move the report of the committee be read so that we may know something about what we are discuss- ing. Mr. ELLIOTT. I move that the report be referred to the committee* of the whole, and have its merits discussed there, and if they see fit, they can refer it back to the judiciary com- mittee. Mr. CAMPBELL. Second the motion. Mr. PRESIDENT. It is moved and seconded ,that the report of committee No. 4, be referred to the committee of the whole. Are you ready for the question? All in favor of so referring will 'so signify by saying aye; contrary minded, no. The ayes have it and it is so referred. Are there any reports of special committees? Mr. JOHNSTON. J, would like to state that the senate com- mittee which we expected here on Wednesday will arrive to- morrow at about twelve o'clock, and they have requested that thev have a meeting here of as large a number of parties- a',s 328 CONSTITUTIONAL CONVENTION. we ran secure, and I would suggest that this hall be placed at iheir disposal to-morrow afternoon, as soon after their arrival here as possible. I suppose a great number of members wish to attend the races to-morrow afternoon about four o'clock. 1 suggest that we have a meeting herei up to that tune and make provision for taking them to the fair grounds, if they should care to go. I make a motion that the use of this hail be tendered them for to-morrow afternoon. Mr. < 1 AM I 'BELL. Second the motion. Mr. PRESIDENT. It seems to me that you will have to make it a special order, that this hall be tendered to the use of this senate committee and not used at alt for the conven- tion. Ts that the wish of the special committee? Mr. JOHNSTON. I think it ~is the sense of all the mem bers, and that they be given the freedom of the floor, and I believe that it is the sense of all that they be invited here to address us. 31r. COFFEEN. I think the matter should be carefully considered, so that the committee on reception may know just what is desired. Mr. PRESIDENT. It is moved and seconded that this hall be tendered by the convention to-morrow afternoon to the senate committee on irrigation. In that case the gentlemen will understand that this convention will either have to ad- journ to-morrow afternoon, or hunt up some other hall. Mr. JOHNSTON. The idea I intended to convey was that the convention be in session when the senate committee ar- rives, and tender them the use of the, hall at that time. Mr. MORGAN. I would sugest that the convention do not tidjourn to-morrow afternoon, but that it assemble here at the hour when the senate committee is expected to arrive, and then, of course adjourn as soon after we have received them as may be deemed advisable. The idea is to receive them formally as a convention, with the president in the c-hair. Mr. PRESIDENT. The trouble with all the suggestions is just this. That by unanimous vote of this convention, to- morrow has been made special order for file No. 68, on suf- frage and elections, consequently that being the special order on that day, you will have to do away with that before you can take. any other action. Mr. BAXTER. Would it not naturally follow that after the transaction of the routine business, the next thing would be ilit- consideration of the special order of the day. It seems i<> me that that would be the case, and this matter will prop- erly come up and be discussed the first thing tomorrow, and if we don't gel through with it then, it Would bo the first thing in order for discussion when we assemble again. I certainly think it would come up for consideration the first thing to- morrow forenoon. PROCEEDINGS AND DEBATES. Mr. POTTER. There is only one objection which occurs to my mind and that is this. If we adjourn with the under- standing that we are to assemble at any hour which they may appoint to meet us, if they are pressed for time they may designate to-morrow night for the hour of meeting, and* I aiij opposed to giving up to-morrow night to the senate committee. Mr. JOHNSTON. The senate committee have decided to remain here only over to-morrow. They disband here Wed- nesday morning, and it was at their request that we meet them to-morrow afternoon. Mr. CAMPBELL. I would suggest that in as much as there is a. committe appointed to arrange for the reception of this senate committee, it might be better to have the chair- man of that committee make a report, and incorporate in that report whatever plans the committee may deem it best to make, and have the matter come before the convention in that shape. Mr. PRESIDENT. The special committee have made a verbal report through their chairman. Is there any further discussion on the matter. Mr. ELLIOTT. In order to bring the matter before the convention, I move that w T hen this convention adjourn to-mor- row that it take a recess until 7:30 in the evening. Mr. GRANT. Second the motion. Mr. PRESIDENT. It is moved and seconded that when this convention do adjourn to-morrow it take a recess until 7:30 to-morrow evening. Are you ready for the question? Mr. MORGAN. I trust, Mr. President, that this motion will not prevail. It seems to me the better plan w-onld be some- thing like this. Let us continue our business to-morrow, the convention holding the hall tomorrow forenoon. Let the convention invite these gentlemen here, at whatever hour they may desire, and let the convention be in session and receive them at that time. It would not be the proper thing at all to invite them here and have nobody here to receive them, and I am satisfied that will be the case if this motion should pre- vail. Mr. CONAWAY. I think that the intention of the gentle- man who made the original motion:, and the gentleman who offered the amendment, is the same. The necessity of our acting upon this matter now is that this committee on recep- tion shall understand if this hall is to be the place for re- ceiving this senate committee on irrigation. The hour of their reception seems to be the only matter that we have any difference of opinion about. I assume that there is not a niem- "ber of this convention who would vote in favor of a recess, and then be absent at the hour appointed for re-assembling. I think, Mr. President, the proper way to receive this commit- tee is for the convention to be in session and the president in 330 CONSTITUTIONAL CONVENTION. the chair, and I desire to offer an amendment to the amend- ment, and move that this convention do receive, this senatej committee in this hall at the hour set by the committee on reception. Mr. CAMPBELL. Second the motion. Mr. PRESIDENT. It is moved and seconded that this con- vention do receive this senate committee on irrigation in this hall at the hour suggested by this special committee. Are 3 r ou ready for the question? Mr. BAXTER. I fully agree with the sentiments just ex- pressed by the gentleman from Laramie and the gentleman from Sweetwater as to the method that should be pursued in receiving this committee, but I do not think that either suggestion will accomplish the purpose desired. I hope that when we adjourn this afternoon the adjournment will be taken until nine o'clock to-morrow morning, in order that we can in that way get in some work to-morrow that will not be en- tirely wasted, on the special order of the day, and I think it would be best to leave the fixing of any hour for the reception of this senate committee until some time during tomorrow fore- noon, when we shall have more explicit information as to the hour of their arrival. Mr. PRESIDENT. Are you ready for the question? All those in favor of the motion will say aye; contrary minded no. The ayes have it; the amendment is carried. Inasmuch as the amendment to the amendment is carried, and as it entirely takes the place of either the amendment to the orig- inal motion, or the original motion itself, no other need be put. Any more reports of special committees. Mr. PRESIDENT. There is nothing on the general file this morning but the report of Committee No. 4. What is your pleasure, gentlemen? Mr. ELLIOTT. I move we now resolve ourselves into com- mittee of the whole for consideration of the report of com- mittee No. 4. Mr. BAXTER, Second the motion. Mr. PRESIDENT. It is moved and seconded that this con- vention now resolve itself into committee of the whole fotf consideration of the report of committee No. 4. Are you ready for the question? All in favor of the* motion will so signify! by saying aye; contrary minded, no. The ayes have it. The president will call to 'the chair, Mr. Coffeen of Sheridan county. Mr. CHAIRMAN. Gentlemen, you are now in committee of the whole for consideration of the report of committee No. 4, judiciary. What is your pleasure? "Mr. CAMPBELL. I would like to hear that report read as I don't know what it contains. g of report of committee No. 4.) PROCEEDINGS AND DEBATES. 331 Mr. CAMPBELL. I don't rise to make any amendment. As I understand the reading of that report there is no proviss ion for an emergency where a vacancy occurs on the supremq bench, there is no way provided for filling an imexpired term. Now, the intention of that report no doubt is not to have two judges elected at one election; now, a vacancy might occur so that two judges might have to be elected at one time, or all three might go out at the same time, something might happen, and something ought to be put in there so that when' a judge dies, resigns, or is removed, that the governor should have power to appoint someone to serve until the next elec- tion. My idea is not very clear about it, as I don't remembeir just what is provided for from hearing the bill read over once. Mr. TESCHEMACHER. I think the gentleman has for- gotten why we went into committee of the whole. We can't be expected to remember this whole judiciary bill and con- sider it without its being printed. We went into committee of the whloe to decide the question whether this convention wanted to have a separate supreme court or not, )by Susan B. Anthony and the other Elizabeth Cady Stanton. But the time I first became most interested in this question was during the wom- an's convention at Omaha, in the year 1882, when I heard the matter discussed as I had never heard it before. A joint discussion was held in the opera house, and was participated in by Phoebie Cozzins and a very "bright young lawyer of Xe- "braska, and I remember very well that one argument he made against granting the right of suffrage to women was that it had been established in the territory of Wyoming, and that it was a failure in the territory of Wyoming. I had never been in Wyoming at that time, and took his statement as correct. He also said that throughout the entire length and breadth of the of the United States you could not find a more lawless condi- tion of things existing then at Rawlins, Laramie City and Cheyenne, and that it was owing to this very fact. That was the 'expression he used from the stage of Boyd's opera house, in answer to Phoebie Cozzins. I took that statement as true. Soon after the election of 1882, in Nebraska, where this mat- ter was submitted as a separate proposition to the vote of the people, I came to Wyoming, and among the first questions that I asked was whether Cheyenne, Kawlins and Laramie City were as vicious and lawless as I had been led to believe, and I discovered for myself that it was not true. I have seen and participated in several elections since; I have been in this ter- ritory and I must confess that they have always been conduct- ed in the most orderly manner, still at the same time while I .believe it has not worked any great harm, that its tendencies have been good, nevertheless you hear it said throughout the length and breadth of this territory, and I believe I hnve been 346 CONSTITUTIONAL CONVENTION. in every county in the territory except Johnson and Sheridan,, and ever since I have been traveling through the territory I have heard it from persons opposed to women's suffrage that the people of the territory of Wyoming have never been given an opportunity to vote upon this question; that the persons who were sent to the legislature are always afraid to give the people an oportunity to vote upon this question, and I believe that before it should be established as a fundamental law of the new state that the people should have an opportunity to vote upon this question. Now, I have been requested by per- sons in this city to present this proposition. I have been told that if I did a thing of this kind that I would forever be mark- ed, and the women w r ould not vote for me. I don't care a cent for that. If the thing is fair and right in a matter of that kind I would not give my convictions of what is fair and just for any gift in the hands of the territory of Wyoming, or of the new state of Wyoming, whether it be senator in tile congress of the United States or a justice of the peace and I say, Mr. President,, that in justice to the persons w r ho w r ant to vote upon this question, it is no more than right that they should be given an opportunity. It has been said that the women here care noth- ing about having the right to vote, that they have never been given an opportunity to express their opinion about it. Now this amendment will give the w r onien who are in favor of it the chance to say w r hether they want to vote or not, and the women who are opposed to it will have a chance to vote down this proposition. Now I don't know how this act granting the right of suffrage to women came to be passed by the legisla- ture, but I have heard of it, and the account is something like this. That the legislature that passed this law granting suf- frage to women scarcely considered the matter at all, were surprised when it passed, and when the governor signed the fcct. lUvas introduced mere as a joke than anything else, and at no time w y as it seriously considered. If I am wrong in my account of the method by which this law w r as passed, gentle- men who have been in the territoiy for a long time, who were here at that time, can correct me. Now, if that is so, and the people have never had the chance to vote upon this proposi- tion, and inasmuch as the women themselves will have the right to vote upon it, it is no more than right that the proposi- tion should be submitted to the people, and give them a chance to express their opinions in reference to it. I will say for myself that if the proposition is submitted I will vote in favor of Avoman's suffrage, but I do say that those -who are opposed to it ought to have the chance to say if they shall be linen that right. Another thing, Mr. President, we are going to have a pretty tough time getting into the union, no matter what sort of a constitution you present to the people, and if yon put a proposition of this kind into the constitution without PROCEEDINGS AND DEBATES. giving those persons who are opposed to woman's suffrage a chance to express their opinion about it, they will vote against that constitution. I am satisfied they will do it. Again if you submit this as a separate proposition, it is one of the strongest arguments that the advocates of woman's suffrage can use throughout the other states and territories in this union. If you put it into the constitution and clo not give the people the right to vote upon it, you will be met by the argument from those who are opposed to it that you have never given the people of Wyoming a chance to vote upon that proposition at all, and it is no argument to say that the majority of the people are in favor of it, for you do not know whether they are or not. You answer and say that they had the chance to reject the consti- tution. The argument is thrown back in your teeth, that is true, but they were so anxious to come into the union, and there were so many other good provisions in their constitution, that they were willing to submit to that, rather than have the whole thing rejected. If you leave it to the people to decide I have no doubt, from my observation throughout this territory, that it w T ould be adopted by two-thirds, if not more, and you can then go before the legislatures of the different states and say to them, here is this proposition, it was adopted by the ter- ritory of Wyoming, has worked there successfully for twenty years, they have adopted it in their constitution as a state, it was submitted to the vote of the people, and here is the verdict of the people upon that matter. It will be the mos-t convincing argument in favor of the question w 7 hich it is possi- ble to offer. Mr. CHAIRMAN. Any further remarks upon the amend- ment ? Mr. BAXTER. In order to make a brief explanatory state- ment of my position in this matter, I ask to be heard for a few minutes only. We are here for the purpose of framing a con- stitution for the state of Wyoming. We have been especially honored by the people among whom we live -by being delegated to perform this duty. So far as the greater part of our w T ork is concerned we should not be greatly perplexed, because we are traveling over well known ground. From the earliest days of the republic down to the present time the ablest, truest and best men of the several states of this union have been called into the service of the people in formulating into the clearest and most concise language those fundamental principles of liberty, justice and equality, which must of necessity be the foundation of any instrument intended for the government of a free people. It seems to me, therefore, that so far as nine- ten ths of our labor is concerned, w r e have only to exercise an intelligent and discriminating judgment in our study of the work of the constitutional builders who have preceded us. But there are other questions concerning w T hich we shall not find CONSTITUTIONAL CONVENTION. such clearly defined precedents. Questions arising from the evils or the necessities of the day and generation in which we live, and it seems to me that it is in meeting these questions that" we shall prove ourselves worthy or unworthy of the con- fidence reposed in us. I stand here to-day interested perhaps in the question of securing to all the citizens of the state ab- solute and exact justice in the matter of the elective franchise, and in throwing about the exercise of that right every possible safeguard and protection; interested, I say more than in any other question that shall probably come before this body for its consideration. I have seen in the past, and upon the streets of this capital city, such degredation upon the part of some of the electors of this territory, such open buying and sel- ling for money or official places of importance and responsibil- ity, as would cause the cheek of an honest man to burn with indignation. Those of you whose homes are in some other part of the territory have no doubt witnessed a similar corruption of public morals. It was in the hope that I might in some small degree contribute to eradicating this evil, to the end that this disgrace might no longer attach to the name of our people, that I consented to allow my name to be used as a candidate for 'election to this body. I am here to assist in the formation of a constitution whose tendency shall be to elevate rather than degTade the citizens of the state. I am here to assist in the formation of a constitution under which integrity of character and personal fitness shall be the first and essential requisites for official station; I am here to assist in the formation of a constitution under which the honorable aspirations of a poor man may stand some chance of realization, even though some unscrupulous and purse proud money bag should be his oppo- nent before the people. The few suggestions which I have had the honor to make to this convention, as worthy to be incorpo- rated into the constitution, have indicated clearly the direction In which lay my special interest in the work which we have in hand. First, securing to every citizen of the state the right to r-ist his or her ballot, and have it e jeop- ardized. Mr. CHAIRMAN. Is the committee ready for the question? Mr. COXA WAY. I had already occupied more of the time of the convention than I intended on this question, and I had hoped that the delegates from Sweetwater county would be unanimous in the matter, but I find that my fond hope is dis- appointed, and I must say that I cannot agree with my respect- ed colleague, Mr. Palmer, in his view of the question. I do not think that there are many of our constituents who desire a sep- arate vote upon this question, or that the passage of the consti- tution which we are to submit, would be jeopardized by incor- porating this provision, but I did not rise now for the purpose of discussing that question at length, but to call attention to something which happened in our part of the territory. At the last election my respected colleague, Mr. Palmer, and myself were opposing candidates upon the two tickets, and it seems to me that the course he takes now implies great ingratitude, which has been called the basest of crimes. What I mean by this I will now explain. Without making a very active canvass in the matter, it happened that I was at the town of Rock Springs, during the latter part of the campaign, and while CONSTITUTIONAL CONVENTION. there an elderly lady approached ine and commenced talking about the election. Of course that made an opening for me to try and ascertain how matters stood in the town in respect to my own prospects, and I asked her the question how she thought I stood among the ladies of Rock Springs, and what proportion of the vote of the ladies I would get? "Well," said she, "I don't know how that will be, but there are so many of these girls," (she had arrived at that age when she called all unmarried ladies girls), "there are so many of these girls who will vote for your opponent simply because he is young and handsome." Mr. PALMEK. I would suggest that if that is the case, that this idea of woman's suffrage is all wrong simply for that very reason. Mr. CHAIRMAN. Is the committee ready for the question? The question is on the amendment offered by the gentleman from Laramie county, Mr. Campbell, that this question so far as it relates to woman's suffrage, shall be submitted as a sep- arate proposition, to the voters of the territory, and not em- bodied as a fundamental law in the constitution. All those in favor of the amendment will say aye; those opposed no. The chair is in doubt. All those in favor of the amendment will rise and stand until counted 8. Those opposed will rise and stand until counted 20. The motion to amend is lost. The question now recurs upon the section as reported by the committee. All those in favor of the report of the committee upon this ques- tion will say aye; those opposed no. The ayes have it; the mo- tion prevails. Air. CFJAIRM1N. The secretary will read Sec. 2. (Reading of Sec. 2.) Mr. CHAIRMAN. Any amendments to Sec. 2? Mr. PALMER. I desire to offer an amendment to Sec. 2, by inserting after the word "every" the word "male." Mr. CHAIRMAN. The chairman hears no second to the mo- tion of the gentleman from Sweetwater; is there a second? Mr. CASEBEER. I second the motion. Mr. CAMPBELL. Now that the motion is seconded, I rise to a point of order. The point of order is this. You have favor- ably passed upon Sec. 1, in which it says "the rights of the citizens to vote or hold office shall not be denied or abridgel on account of sex." Now I say this motion is out of order, for if you should put in that word "male" it would make two incon- sistent sections. Mr. CHAIRMAN. The chair will decide. The motion is to amend by inserting in the first line of Sec. 2 the word "male" after the word "every." The amendment of the gentleman from PROCEEDINGS AND DEBATES. 359 Sweetwater is in order. This committee has the power to be inconsistent if it desires to be inconsistent. Are you ready for the question? All in favor of the amendment will say aye; those opposed no. The noes have it; the motion is lost. Mr.BROWN. I now move that the substitute reported by the committee be voted on instead of Sec. 1 of the printed bilL The substitute will read: "The rights of citizens of the state of Wyoming to vote and hold office shall not be denied or abridged on account of sex. Both male and female citizens of this state shall equally enjoy all civil, political and religious rights and privileges." Mr. BURRITT. Second the motion. Mr. CHAIRMAN. Is the committee ready for the ques- tion that the matter just read shall be substituted for Sec. 1, I believe it is? All in favor of the substitute will say aye; those opposed no. The ayes have it; the motion is carried. The sec- retary will read Sec. 3. (Reading of Sec. 3.) Mr. POTTER. I did not know we were through with Sec. 2. I think there was no vote taken on Sec. 2, but only on the amendment offered by the gentleman from Sweetwater to Sec. 2. Mr. CHAIRMAN. The gentleman is correct. The chair begs pardon for his mistake. The question is upon Sec. 2. Are you ready for the question? Mr. POTTER. I move to amend Sec. 2 by striking out the words "six months" and inserting "one year." Is the commit- tee ready for the question? All in favor of the amendment will say aye; those opposed no. A division is called for. All in favor of the motion will please rise and stand until counted 17. Those opposed will rise 9. The amendment is car- ried. Mr. HOYT. I desire to offer a proposition which would be a distinct section, defining citizenship. As the term occurs fre- quently it seems to me that we should know what the term "citizen" means. Mr. BROWN. It seems to me that we are passing over these matters altogether too rapidly. There are questions here that ought to be considered carefully, instead of rushing along at race horse speed. Mr. CHAIRMAN. Is there any section which the gentle- man wishes recalled? Sec. 2 is still before the committee. Mr. BROWN. I will intimate the amendment which I wish to make. In Sec 1 we say "the rights of citizens of Wyoming to vote shall not be denied on account of sex." And in Sec. 2 we further say: "Every citizen of the United States of the age of twenty-one years and upwards who has resided in the state six months and in the county wherein such residence is located sixty days next preceding any election shall be entitled to vote CONSTITUTIONAL CONVENTION. at such election." Now under this section everybody is enti- tled to vote, that is every citizen that is twenty-one years of age, etc., whether he is otherwise disqualified or not. Wheth- er paupers, or insane persons, or whether convicted of crime, or whatever may have happened to them, under this section as it now reads, they are entitled to vote. I would like to ask whether that is the intention of the committee? Mr. POTTER, Judge, that is provided for further on in this bill. Mr. ELLIOTT. In order to have the sections entirely con- sistent, I move to insert at the end of Sec. 2 "except as herein otherwise provided. Mr. CAMPBELL. Second the motion. Mr. CHAIRMAN. The motion of the gentleman from John- son is to amend by inserting at the end of -Sec. 2 "except as herein otherwise provided." Are you ready for the question? All in favor of the motion will say aye; those opposed no. The ayes have it; ^the motion is carried. Any other amendments? Mr. HOYT. I now desire to oifer a proposition defining citizenship in this state. "All residents of this territory of the age of twenty-one years or over, born or naturalized in the United States, and subject to the jurisdiction thereof (except Indians not taxed and still living in tribal relations), being of sound mind, and unconvicted of crime, are hereby declared to be citizens of this state." This fixes the question as to who are or are not citizens. Mr. CHAIRMAN. How does the gentleman from Albany sire to have that attached to Sec. 2, or decire it to appear as a separate section, to be known as Sec. 2, renumbering the fol- lowing sections? Mr. COFFEEN. Why not make this definition still more definite, and say all residents of this territory whether male or female. Mr. CHAIRMAN. Does the gentleman from Albany de- desire to have this come in? As a separatf. section? Mr. HOYT. That was my idea about it, that it should stand as a separate section. Sec. 1 perhaps. Mr. CHAIRMAN. Sec. 1 has already been adopted. It would be necessary to change the numbers. Mr. HOYT. It seems to me that the definition of citizen- ship should come in before anything else. Mr. CHAIRMAN. The amendment which the gentleman from Albany desires to have inserted as Sec. 1, and the other sections changed to correspond, is now before the committee. Are you ready for the question? Mr. CAMPBELL. I think if the gentleman will consider a minute he will find there is an inconsistency in, his amendment. There is a well defined difference between the meaning of the words citizen and resident. A man can be a resident of one PROCEEDINGS AND DEBATES. 361 state and a citizen of another, and a resident of one place, but still a citizen of another place. Now YOU have both these words in here, without making it clear which is meant, whether a resident shall be a citizen or a citizen a resident. Mr. HOYT. I would ask whether the word person would cover the ground clearly and satisfactorily? Mr. CAMPBELL. Now there is one thing more in that reso- lution to which I want to call attention. The language in rela- tion to persons convicted of crime. Now it is w r ell known in law that a conviction means a judgment upon the verdict of a jury. A jury may return a verdict of guilty and the judge pro- nounce sentence upon that verdict. Now that is a conviction. An innocent person may be convicted, the jury return a verdict of guilty and the court pass sentence upon him. Future investi- gations may show him entirely innocent of the crime with which he is charged, and if you put that clause into the con- stitution as it now stands there is no power residing in the courts or in the legislature to restore that man to citizenship, and yet he is entirely innocent, but as that section now stands it would deprive him forever of enjoying the privileges of citi- zenship within the state of Wyoming, because he had been con- victed of crime. Mr. BEOWN. How would it do to add the words "unless restored to citizenship according to law," after the words "con- Ticted of crime." Mr. BAXTER. I am entirely in sympathy with the object that Governor Hoyt is trying to reach, but it seems to me that there is a repitition of what we already have here, and that it is unnecessary. There should be no question, and there can be no question as to a woman's being a citizen of the state ; it has ~been passed upon by the courts. Some decision I had access to a day or two since, I forgot the style of the case, as to wheth- er or not a woman is a citizen of a state, the decision held by the court that inasmuch as any citizen can sue another, and that they must clearly establish their citizenship in the state 'before they can come into court, and inasmuch as women throughout the limits of the United States are frequently par- ties in a suit, it naturally follows that she is a citizen of the state or she could not come into court. There is no question in the world as to a woman's being a citizen of a state, but citi- zenship does not carry with it the right to vote. That is not one of the rights of a citizen primarily. In Sec. 1 we provide that every citizen shall be entitled to vote. Now the term every cit- izen must necessarily include women, and it seems to me it is unnecessary to insert the words male and female in this section. If, however, it is thought necessary to incorporate that section I am in favor of it. Mr. HOYT. In explanation of the amendment I will simply say that unless I am incorrectly informed the decision ? of the 362 CONSTITUTIONAL CONVENTION. courts in Washington territory on this point was to the effect that a woman is not a citizen. The question of citizenship was the very question which disenfranchised the women of Wash- ington territory, the courts holding that she was not a citizen. Mr. CAMPBELL. Women can be naturalized, and in tak- ing up land in Wyowing they are obliged to declare that they are citizens. Mr. CHAIRMAN. Any further remarks? The question is upon the amendment offered by the gentleman from Albany,. Mr. Hoyt, to make this Sec. 1, renumbering the following sec- tions. Are you ready for the question? Mr. COFFEEN. I do not wish in any way to appear as op- posing the amendment of the gentleman, which I believe is just and right, and I do not think we should be afraid of express- ing in this constitution just such things as that. But it seems to me that we ought to have that clause in which provides that persons convicted of any crime may be restored to civil rights, and if the gentleman will insert that I will gladly support his amendment. Mr. POTTER. It seems to me that we are treading on very dangerous ground. I think the definition of the term citizen is pretty well understood at present, and that if we attempt to define it here we are going to get ourselves into trouble. Cir- cumstances may arise which we cannot now foresee, and it seems to me that we had better leave this whole question of cit- izenship alone and not attempt to define it, or incorporate it into our constitution. Mr. COFFEEN. In connection with what the gentleman has said who has just spoken, I want to ask simply this ques- tion: Does this article, without the amendment of the gentle- man from Albany, defining who shall be citizens of this state, does this article in any place declare who shall be citizens of this state? If it does not declare it, it occurs to my mind that we ought to declare it ; but if this proposition is not the proper one, if it is already declared in the fundamental laws of the United States who is a citizen of a state, then I agree with the gentleman who has last spoken. Mr. TESCHEMACHER. I would like to call attention to the race horse speed to which my friend Mr. Brown referred. We have just been two hours considering two sections, that is one hour to the section. That is not what I call race horse speed. Without any disrespect to my friend Governor Hoyt I think we might as well attempt to define the first letter of the alphabet, what the letter A is, as to try and define what a cit- izen is. If we declare what a citizen of the state is it is going to be taken right up by the courts, and the United States has already decided what a citizen is, and it will make no difference what we declare. It seems to me entirely unnecessary and a waste of time. PROCEEDINGS AND DEBATES. Mr. PALMER. I would like to call attention to Sec. 6 of this file. I presume after reading that section exempting cer- tain persons from the elective franchise, it will be seen that all persons excepting those named in that and the subsequent sections, are entitled to vote, and that it is unnecessary to have this amendment of the gentleman from Albany, attempting to define citizenship, a matter that has caused a great deal of discussion from the earliest days down to the present time. I don't think we are in a position to make any such definition. Mr. CHAIRMAN. The chair understands that the rights of the women of Washington territory turned entirely upon this question whether she was a citizen or not, and it was be- cause she was not a citizen under any provision of the law that she was excluded from the right of suffrage and it seems to me that while we are about it that we should make this mat- ter entirely safe, and I do not think as the proposition now stands that it is entirely safe; Mr. POTTER. Are you going to disenfranchise all the children of this state? This says all persons born or natural- ized in the United States, of the age of twenty-one years or over. I should like to know if that does not disenfranchise the children? Mr. BROWN. I would like to ask the gentleman from Lar- amie, Mr. Potter, a question. I ask that he read the section that we have adopted and say whether in his judgment as it stands it really gives to the women of this territory the right of suffrage ? The section as we have now adopted it, and in or- der that he may understand it, I will read it again: "The rights of citizens of the state of Wyoming to vote and hold of- fice shall not be abridged or denied on account of sex." So far it does not give the right of suffrage to anyone. Let us read further. "Both male, and female citizens of this state shall equally enjoy all civil, political and religious rights and pri- vileges." If this section ended with the word "rights" it would give to no woman in the territory of Wyoming any possible right to vote. The right of suffrage is a privilege and not a right at all, and has so been passed upon over and over again. Now r the question is whether using the word privilege in that section does in fact give women the right to vote. I am not clear about it myself, and while we are doing these things and mean to give women this right, let us not be uncer- tain about anything. I am in favor of the proposition present- ed by the gentleman from Albany. Mr. POTTER. I referred to the fact that this amendment does not include children. I will read what the supreme court of the United States has to say on this subject: "A child is from its birth a citizen of the state, etc." 364 CONSTITUTIONAL CONVENTION. Now my position in regard to this matter is simply this: I don't believe this amendment is necessary, and not being nec- essary, we are liable to get into some trouble about it. Mr. CAMPBELL. I want to make an explanation before the vote is taken on this proposition. I am in favor of no per- son voting unless he is a citizen of the United States. Mr. Clark, of Uinta, has decided views on this subject, he believing that a naturalized citizen should have the right, and I think he would like to be heard in the convention on this subject. As he is absent I will pair with him on that subject. Mr. CHAIRMAN. Any further remarks? I have no desire to hurry matters, but desire to protect every interest, as I think it a matter which should be carefully considered. Mr. HOYT. I should be very glad to withdraw my amend- ment if there is any one here who will offer a substitute which will cover the ground perfectly and satisfactorily to all. Mr. CHAIRMAN. Does the committee desire to proceed, or desire to report progress and ask leave to sit again? The question on the amendment relative to citizenship is still be- fore the committee. Do you desire to move upon that question? Mr. BAXTER I don't know whether I am entirely prepar- ed to vote upon the question or not. I want to sustain that amendment if it is necessary. If it is to be a useless repitition I don't think we had better incorporate it into the constitution. I am very much surprised at Judge Brown's declaration as to just what is covered by Sec. 1 as adopted. I have taken some pains to consult with several attorneys in the last few days, and they have all assured me that Sec. 1 as printed here, and which I understand was the first report of the committee, was explicit and could not be misunderstood, and I favored the adoption of the section as originally suggested, and which has been embodied in the report of the committee, simply because it seemed to me the wisest, safest thing that we could incorpo- rate, and that it would unquestionably give to women the right to exercise the elective franchise, but the expression of Judge Brown, in whose judgment I have the greatest confi- dence, rather sh'akes my confidence in the advice heretofore received, and simply illustrates the fact that lawyers will dif- fer upon almost any proposition that can be submitted to them. But I would like to hear from the balance of the legal fraternity as to whether or not it is necessary to define what shall constitute a citizen of the state. I had heretofore been assured so unquestionably that no question could arise as to a woman's being a citizen that the proposition already adopted seemed to cover the ground. But if it is not sufficient we ought to make it so. Mr. HOLDEN. Mr. Chairman, I agree fully with the gen- tleman from Laramie, Mr. Baxter, that if that Sec. 1 does not secure fo women the rierht to vote that we should not fail to PROCEEDINGS AND DEBATES. 36 c secure that right before we have done with this section. Now while I would not cast my opinion in the balance against the opinion of the able and learned gentlemen in this convention, still it seems to me that this section does secure that right and for the reason that Article XV, Section 1. of the constitution of the United States, says that the right of citizens of the United States to vote shall not Jbe abridged or denied on ac- count of race, color or previous condition of servitude. Now I would like to ask this convention if the word sex had been placed in that section would not the right to vote been secured as it has been secured to millions of enslaved men, secured to women to vote ? Now if the language of that section secures the right of suffrage to the colored race throughout the length and breadth of America, the question that presents itself to my mind is this : Does not Sec. 1, which is now under consider- ation, secure to women the right to vote in Wyoming territory? If it does then there is no necessity for adding anything to it. If it don't I should like to hear the fullest discussion upon this question, for I have not changed my opinion expressed a few moments ago, that we would remain under a territorial form Df government throughout the endless cycles of time than surrender the right which my wife and sisters have so long en- joyed, and as Judge Brown said a few moments ago, if we are going to do this thing att all, let us not do it half way, but let us give it to them so there will be no question about it. Mr. PRESIDENT. The chair would like to ask of some gentleman who knows whether the fifteenth amendment, pro- viding that the right to vote shall not be denied on account of race, color, etc., did not need congressional action to carry it into effect? Mr. BROWN. Yes. Mr. CAMPBELL. That amendment is only prohibitory upon the states. It prevents the states enacting laws and do- ing certain tilings prohibited by that amendment. Mr. FOX. I have listened to the discussion of this subject with a good deal of interest, and have read this article through from beginning to end, and I fail to see that this article tells in any place what a citizen is. It tells what a citizen may do, that they shall have certain rights, but what is a citizen. We are forming a constitution for Wyoming, and I think the reso- lution is proper, and I think it should be the first section in this special article to tell what a citizen of this state is. I think that resolution ought to be fixed in such a way that all natural born children are citizens of the United States; there don't want to be any question about that. Mr. TESCHEMACHER. I would like to ask the gentleman a question. Mr. Fox, what is a state? Mr. FOX. I don't know. 366 CONSTITUTIONAL CONVENTION. Mr. TESCHEMACHER. What is the use of trying to de- fine what a citizen of a state is when we don't know the mean- ing of the word state. Mr. FOX. I don't claim to be a dictionary. Mr. TESCHEMACHER, That is just what we don't want this constitution to be. Mr. CHAIRMAN. The chair would like to make a remark if permitted by the committee. The question of male suffrage will never be questioned, no matter what we put in this consti- tution. But the question of female suffrage and citizenship has been questioned by the supreme court of Washington territory, and it is to avoid these difficulties that we should define in this constitution what a citizen of Wyoming is. Mr. SMITH. The question is discussed here as to the rights of the two sexes. As Judge Brown has said the simple fact that we have stated here that the right of suffrage shall not be denied on account of sex, of course, conveys the right to vote to no one. It does not convey the right of suffrage upon any male citizen; it simply says that you shall not discriminate against one-half of the people of Wyoming in favor of the* other half. Is not that everything. The amendment that was at- tached to this section was one of the original propositions pre- sented to the committee, but the committee did not think it was necessary to put it into this article. There were some of the members who were not satisfied because this was cut out, and when this supplemental report was made it was added to this Sec. 1, but the section was just as good without it. Now as to the amendment; I don't say that there is any particular harm in it, but emergencies may_ arise, and if you insert this amendment in your constitution^ it will be impossible to get around them. It seems to me it would be very dangerous to incorporate it. Mr. HOYT. Will the gentleman state whether the infor- mation about Washington territory is correct? Mr. SMITH. I don't exactly understand what the ruling in Washington was, but it was under the territorial govern- ment, and it was under some construction of the territorial statute th'at they had there taken into consideration in connec- tion with the organic act. No matter what the decision was it was under the territorial laws and not under any provision of the state constitution. I have never seen the decision itself but only saw notices of it in the papers at the time, but it was done under the act conferring the elective franchise and in connection with their organic act. Mr HOYT. 'My information is that it all turned on the meaning of the term citizen. Mr. FOX. I take it that the United States constitution set- tles this matter. Article XIV says: All persons born or nat- PROCEEDINGS AND DEBATES. 367 uralized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. Mr. HOLDEN. Pursuing the thought suggestedby the gen- tleman from Albany, I desire to call the attention of members of this convention to Sec. 2 of the 'same article, in which the right of suffrage is there secured to male citizens of the United States of America. The question I ask is/ the same one I asked when on the floor a few moments ago, if the word "male" did not occur in that section, would not every woman who is a citizen of the United States have the right: to vote now, the same as you or I have? Mr. CHAIRMAN. Any further remarks upon the amend- ment offered by the gentleman from Albany? Is the committee ready for the question ? All in favor of the amendment will say aye; opposed no. THe noes appear to have it; the amendment is lost. The secretary will read Sec. 2. Mr. KINDER I believe we have not a quorum of the conven- tion present. I rise to a point of order. Mr. PBESIDENT. The secretary will read Sec. 3. Mr TESCHEMACHEE. I must raise this question of a quorum. The committee of the whole must have a quorum as well as the convention, and there is not a quorum present. Mr CHAIRMAN. The chair is of the opinion that the ques- tion of a quorum cannot be raised in committee of the whole. It is an irresponsible body. The chair will so rule. Are there any amendments to Sec. 2. The chair hears none. The sec- tion is agreed to. The secretary will read Sec. 3. (Beading of Sec. B.) Mr. CHAIRMAN. The chair desires to take back his deci- sion made a moment ago; a majority is required in committee of the whole the same as in the convention. Does the gentle- man wish to raise the question of a quorum? Mr. TESCHEMACHEB. I think we are considering the most important section that we shall have to consider, the right of the elective franchise in this state, and I think it very necessary tEat it should be considered by a quorum of the com- mittee of the whole, and I therefore move that this committee do now rise. Mr. CHAIRMAN. I will just say that committee of the whole is a pretty informal sort of a body, and if the gentlemen don't take interest enough to be here we can't force them to be present. The question is en the motion that this committee now rise, report progress and ask leave to sit again. All in fa- vor of the motion will say aye; those opposed no. The ayes have it; Ihe committee will now rise. Mr. President: Your committee having had under consideration File No. 368 CONSTITUTIONAL CONVENTION. 67, on elections and right of suffrage, report progress and ask leave to sit again. E. S. N. MORGAN, Chairman. Mr. RINER. I move a call of tEe house. Mr. TESCHEMACHER. Second the motion. Mr. PRESIDENT A call of the house is ordered. All in fa- yor of a call of the house will say aye; those opposed no. The ayes have it; the sergeant-at-arms will bring in" all absent mem- bers. (Sergeant-at-arms .brings in absent members.) Mr. RINER. As there now seems to be a quorum I move that further proceedings under the call be dispensed with. Mr. TESCHEMACHER. Second the motion. Mr. PRESIDENT. Gentlemen, it is moved and seconded that further proceedings under the call be dispensed with. All in favor of the motion will say aye; those opposed no. The ayes have it; the motion prevails. Mr. RINER. I move that the convention now go into com- mittee of the whole for the consideration of the report of Committee No. 5. Mr. FOX. Second the motion. Mr. PRESIDENT. It is moved that we now go into commit- tee of the whole for consideration of the report of Committee No. 5. If there is no objection before taking the vote on this the serjeant-at-arms will see that the doors are closed and kept closed so that we may have a quorum. There being no- objection it is so ordered. The question is now on the motion to go into committee of the whole. All in frrvor of the motion will say aye; those opposed no. The ayes have it; the house is now in committee of the whole. Will the gentleman from Johnson, Mr. Burritt, take the chair? Mr. REED. I move to suspend Rule 4. Mr. CHAIRMAN. The motion is out of order. The secre- tary will read Sec. 3 of the report of Committee No. 5, on suf- frage. (Reading of Sec. 3.) Mr. POTTEE. It has been called to my attention that ac- cording to the wording of Sec. 2 it is possible at our first elec- tion no one could vote, if this section is adopted with the word state in there. I have noticed in other constitutions the word territory is used. Of the age of twenty-one years who has re- sided in this territory six months and in the county one year, etc. I therefore move to strike out the word state and insert the word territory. Mr. CAMPBELL. Second the motion. Mr. PEESIDENT. It is moved to amend Sec. 2 by striking out the word state and inserting in lieu thereof the word ter- ritory. Are you ready for the question? All in favor of the PROCEEDINGS AND DEBATES. motion will say aye; those opposed no. The ayes have it, the- motion prevails. The secretary will read Sec. 3. (Reading of Sec. 3.) Mr. CHAIRMAN. Does the gentleman desire to submit any amendment to this section? If there is no objection it will be considered approved by the committee. The section is ap- proved. (Reading of Sec. 4.) Mr. CHAIRMAN. Does the gentleman desire to submit any amendment to Sec. 4? If not it will be considered approv- ed by the committee. (Reading of Sec. 5.) Mr. CHAIRMAN. Any amendments to Sec. 5? Mr. HOLDEN. I desire to offer an amendment to this sec- tion, that the words "that this section shall not take effect un- til July 1st, 1894," the same as is added to Sec. 9 of this file. I think, Mr. Chairman, I don't desire to discuss this matter, but it seems to me that inasmuch as we propose to give a lit- tle time to some people, perhaps it would be best to give it to* all. Mr. CAMPBELL. I was just going to suggest that inas- much as you having deemed it wise to give citizens of the state of Wyoming an opportunity to learn to read, it might be right to give them a chance to be come of age. Mr. HOYT. I would ask that Sec. 10 of the supplementary report be read. (Reading of Sec. 10.) Mr. FOX. 1 would like to make an amendment to Sec. 5,. by striking out the w r ord "full" in the second line. We don't want any half full men, or any full men electors of this state.. Mr. POTTER, Second the motion. Mr. BROWN. I agree with the gentleman from Albany on the suggested amendment, but not for the same reason. I don't think there are any citizens of Wyoming that get full. Mr. CHAIRMAN. The question is on the amendment to strike out the word "full" in the second line. Are you ready for the question ? All in favor of the motion will say aye ; those opposed no. The ayes have it; it is so amended. Any other amendments? (Reading of Sec. f>.) Mr. CHAIRMAN. Any amendment to Sec. 6? There being no amendments the section will stand approved by the commit- tee. The secretary will read the next section. Section 7. Mr. CHAIRMAN. Any amendments to Sec. 7? If not it will be considered as approved by the committee. It is so ap- proved. The secretary will read the next section. Section 8. 24 370 CONSTITUTIONAL CONVENTION. Mr. CHAtRMAX. Any amendments to Sec. 8? There be-' ing none offered, it will stand approved. The secretary will read the next section. Mr. CAMPBELL. I move to amend by striking out the whole of Sec. 9. Mr. FOX. Second the motion. Mr. CHAIRMAN. The motion is to amend by striking out the whole of Sec. 9. Are you ready for the question? Mr. BAXTER. I move to amend the amendment by strik- ing out the last sentence of Sec. 9, and add to the section as it will then stand "who shall be a citizen of the territory at the tune of the adoption of this constitution." Mr. POTTER, That last amendment is already provided for. Mr. BAXTER. As that seems to be provided for I move to strike out the last sentence. "This section shall not take effect until 1894." Mr. CH AIRMAN. Any remarks? Mr. CAMPBELL. I desire to hear from some other mem- bers in relation to this matter. I know several members who are opposed to it, opposed to it as a matter of principle, and I had hoped inasmuch as I had given an opportunity for us to hear from those gentlemen who are opposed to this section, so that we could get before the convention the reasons of the opposition, and as I have waited to give some person an oppor- tunity to get up and explain why he is opposed to it, and as no made the motion I will ask permission to state my reasons for one seems to desire to get up here, and inasmuch as I have opposing this measure. As stated here t'lis moaning bv a mem- ber of this convention, that the right to vote is a right, or a privilege 't don't make a particle 'of d'f^rence u> far as the principle is concerned. I don't believe it is a right, and every- one who has ever studied the matter knows that the right of votng i? a I m< rely mention this mat- ter of the right to put some of these gentlemen who made this report and claimed it was right, to stand up and be consistent on this proposition and vote by their convictions in the matter. Several gentlemen who have signed this report and claimed that the elective franchise is a right should stand up for the right and susurin fie notion no\* made 10 strike out this sec- tion, and why? If it is a right, you cannot limit a right. If it is a privilege you can limit a privilege. If it is a right no edu- cational qualification should in any way interfere with the right ; if it is a privilege, of course you can limit it. But the op- position to this section stands upon broader grounds in my es- mation. Every citizen of the United States whether he can read or write is obliged under the constitution and laws, to protect the government and the laws when that government and those laws are in danger. There is no restriction when PROCEEDINGS AND DEBATES. 371 It conies to the question of protecting the government from a foreign foe, or from internal insurrection, every man whether lie can read or write is bound to come to the protection of the flag when in danger, and as old Abe Lincoln said, when he rec- ommended a certain man for a lieutenancy, and he knew that certain officers upon the board would obj ct, because he was not quite as well educated as they, he says:"I want this man put in this position because he is a fighting man, and T don't care whether he can read the alphabet or not." He did not care whether he could read or write, the man was fitted for that position, and could fight for his country, and he did not want to make any distinction as to the place that man should occupy. If a man is obliged to come to the protection of the government, it would be a national disgrace to us, if that man does come to his country's assistance, gets wounded, loses an arm or a leg, and goes back home crippled for life, that we should deprive him of the right to sa* w 1 '" shall govern his country hereafter, simply because he cannot read. I suppose, irentlemen, there are certain persons in t^is territory who fought in the late rebellion, who fought courageously and well, and yet you would deprive him of the right of voting for the governor and other officials of this territory, and yet you would give to the meanest carpet bagger the right to cast his vote over this man, simply because he cannot read. Again, an- other ground suffrage is based upon is taxation, and even the strongest advocates of a property qualification have never yet been able to get around this, that if you tax a man to sup- port the government they shall have a right to say who shall levy the tax, and who shall disburse the revenue after the tax is levied. Now here are persons in this territory who have been here for years, or who may hereafter come here, they acquire property, they may acquire thousands, millions of dollars worth of property, they may turn thousands of dollars into the treas- ury to help carry on its affairs, and yet you will deprive these men, simply because they cannot read or write, of the privi- lege of saying who shall levy these taxes, and who shall dis- burse this revenue. As long as you ask him to fight for his country, as long as you ask him to pay the expenses of the gov- ernment, it is a tyraiiical measure that will say to that man, you shall have no voice in the affairs of your country, you can shed your blood, you can put your hand in your pocket and con- tribute to its support, but there you must stop, you put upon "him all the duties and none of the privileges whatever. Nor, Mr. President, is this all. Experience and observation, at least my limited experience and observation, go to this extent, that it is not the uneducated man who is the ignorant man by any means. The man who cannot read or write, and I have known several, and I know a few in this territory, and I have never yet seen a man in this territory that could not read or write but 2j2 CONSTITUTIONAL CONVENTION. was an intelligent man, and understood what was going on. Again, it is not the ignorant man who sells his vote, by any means. I challenge any man in this convention, or any man in the territory of Wyoming, to say that the selling of votes, the bribery at elections is confined more to the ignorant man than to the educated man. It is not the ignorant man who sells his vote, it is the man who can read and write who sells his vote. You take an ig.-iorant man and he prizes this privilege of vot- ing, which is the only thing he has, and you cannot buy him. Of course, gentlemen, there are exceptions there are excep- tions to all rules, and you may find some here and there, but I say the percentage is larger, in proportion to the number, among educated people than among ignorant people. Now. as a matter of policy, I say right, that for the party to which I belong in this territory, and from which I have received some emoluments, as a matter of policy, it would be better to have this matter stand right where it is. Every man upon this floor knows where the ignorant vote goes, and it will be an im- mense thing for our party if this provision is left in. Now, wrong in principle, though, and I am opposed to it, and it would be a great detriment to the territory if this should be incorpo- rated as one of the fundamental laws of the state Mr. BROWN. I have a few words to say upon the prop- osition to strike out this section. The argument of my friend is the argument often made in favor of universal suffrage. I have said once on the floor of this convention, or committee,, that the right of suffrage in my opinion is not a right but a privilege, and I propose to be consistent in that declaration through all. Now considering it a privilege, it is one that \ve, as a people, may bestow upon such classes of citizens as we see fit. The question then is, as a matter of privilege, how far shall the elective franchise be allowed to extend, and how broad shall be its scope. It is a dangerous question, it is one that has received a great deal of discussion, but this I think will be accepted as a truth by nearly all, that there must be, tion placed upon the elective franchise. The property restric- tion has been tried in the state of New York and in some other states. In the state of New York, in good old Democratic times, they tried the property qualification as a Democratic measure, and it was found after al few years trial not to be wise, and was cast aside as one of those qualifications that did not work well, in the interests of the government. The ed- ucational test is proposed in our constitution as one that may guide and control this question of suffrage. It has been claim- ed by many, and I think rightly and properly claimed, by gen- tlemen living in the south, that when our government gave to the black man of the south the elective franchise that they endangered the prosperity of the states lately in rebellion. PROCEEDINGS AND DEBATES. 373 What has been the result of the experiment? I may say, I think without fear of contradiction, that universal suffrage in the south has not worked to the highest good and welfare of that country, and if there is any objection to be urged against the measure that gave universal suffrage to the peo- ple of that country and of those states, it is based, and must be based, upon the sole proposition of their ignorance. It is bringing into political affairs a man of ignorance that might enda nirer the welfare of that country. If it is true in the south, for the experience of twenty years has shown that this mass of ignorance armed with the elective franchise, endan- gers the prosperity of that country, it is time for us to think about it seriously, and to determine whether we will allow the mass of ignorant people of this country to exercise that right, or that privilege, more properly speaking. My friend speaks of the old soldier. I don't believe he has been speak- ing here in order to gain some political aggrandizement, and yet when Sec. 6 was read, by which insane persons, idiots, per- sons convicted of crime, unless restored to civil rights, are ex- 'eluded from the elective franchise, my friend was not heard to object, and yet if you are to say that the ignorant man be- cause he was an old soldier, or was w^ounded in the defense of his country in its time of need, is to exercise this right, or this privilege, of the elective franchise, then say he shall not "be debarred of it because of crime. Mr. CAMPBELL. Do you class ignorant people w r ith idiots and persons convicted of crime? Mr. BKOWN. I simply say that this argument is not con- sistent, and he sees it himself. When he says that because a man has fought for his country he is entitled for that rea- son alone to the elective franchise, then he destroys his ar- gument by having voted to adopt Sec. 5, and there is no get- ting away from it. How then does this matter stand? We are not to say that a man shall be entitlted to the elective fran- chise because he has fought in behalf of his country, but we are to say to him that he shall have that right if perchance Tie is such an one as can exercise it intelligently. I agree with my friend that there are many men wiio are unable to read and write, who'may exercise the elective franchise as well as, and with as full an understanding perhaps, as some of the best educated men in this country, but when you say that it is true as a rule, you say that which I think cannot be sus- tained. As a rule it is not so ; that there are exceptions to the rule no man doubts. No man of any experience among men but can say that he has seen men who although they could neither read nor write yet could exercise this elective fran- chise intelligently, but they are few. It is the mass of igno- rance that we seek to cut off from exercising this right. I 374 CONSTITUTIONAL CONVENTION* say that whether there shall be any restrictions upon the elec- tive franchise except in cases of idiots, insane persons and persons convicted of crime, I say this is a serious question for us to consider, but my OAvn belief is, and speaking for myself solely, I believe that such a provision as is reported by this committee will result in good and benefit to the future state- Mr. MORGAN. I favor the motion to strike out this sec- tion for the reasons given at some length, by Mr. Campbell,, and also because I think it is entirely unnecessary and would not accomplish that which the proposition intends to accom- plish. In the first place the greatest incentive to education exists now. That man that cannot read, and has had the mis- fortune in his early youth to be deprived of this privilege, and because he above all must realize the importance of education, and he desires above all things that his children shall be ed- ucated at least in the common brandies. I have talked wdth just such men, and learned from them how much they regret their lack of education, and what sacrifices and what hardships th\ ha r < en Ju^ed that their children might have a better education than he. In this territory we are in no danger of being overpowered with a mass of ignorance, we have today the least percentage of illiteracy of any of these United States, the danger is not one we shall ever feel, and why then should you attempt to discourage a man by depriving him of the right to vote, or of any other privilege, because he has never learned to read or write, and because he is struggling to overcome that misfortune in his successors; it seems to me to be unwise and nnriffht, and would not ac- complish the purpose, and I think it should not be inserted in our constitution. Mr. HOLBEN. Mr. Chairman, I desire to say a word or two in behalf of the old soldier. He seems to have enlisted the sympathies of my friend from Laramie to a marked degree. It so happens that I was an old soldier. Early in the year 1861 when I felt that my country demanded niy services, I left my wife and baby and went to the front. And I remained there until 1864. On the 20th day of December, 1862, I, with about 1,500 others, w r as at Holly Springs in the state of Mis- sissippi, at the time that place w r as captured and sacked. by the rebel forces under Van Dorn. In view of the fact that they were not able to imprison us, we were all parolled, and while this work of parolling was going on I heard one officer say to another: "Is it not strange, these men all signed their own names?" And I take it, sir, that the men who went out early in the sixties, not because they wanted their little f 13 a month but because they felt it their duty as citizens of the United States, not only to give their time, their la|>or, but if necessary to sacrifice their lives for the salvation of this country in PROCEEDINGS AND DEBATES. 375 which we live, and I take it, sir, that the men who were thus actuated by these motives were sufficiently intelligent to read the ballot put before them, and there need be no fears on their account. It may be that those who went out later in the fight, it may be that some of those can't read, but I take it that a majority of all the soldiers in the late rebellion can read and write. Again in conversation a few days ago with an official of the general government, he said that during his official ca- reer here among the people of Wyoming, where it had been his duty to administer an affidavit to more than twenty thousand of the citizens of this territory, that in all that number there were only twelve persons who had found it ,necessary to make their mark to, the affidavit that they had executed. I think there will be no great trouble about this on the ground of the soldier, but here is a point which we wish to reach. Peo- ple living along the line of the Union Pacific railroad know that prior to every general election held in this territory, the clerk of the district court will take his seal under his arm, and a bunch of blank naturalization papers in his pocket, and go around to these mining towns and enfranchise a class of people w r ho are unable to read the ballot placed in their hands, and then on the day of election these people are rounded up and voted like so many cattle. Now, Mr. Chairman, what we propose to do is to protect the men who bear the burden of tax- ation throughout the territory from this sort of thing. Mr. SMITH. In listening to the remarks of my friend from Laramie, Mr. Campbell, he said a good deal that sounded w T ell, that sounded patriotic, and it did me good to hear him talk in that way. Most of what he said was true, but he did say some things that a great many people will not believe, particularly the remark that as a rule you will find persons that cannot read are as intelligent as persons who are educated. There are people, who will not believe that. I know that there are men who cannot read who are intelligent, but that is not the rule. Now as to this question of the elective franchise being a right. It is true that when laws are enacted conferring the elective franchise upon certain persons it becomes a law by virtue of the law enacted, but it is not an inherent right. Without the law it is no man's right, and simply becomes a right when giv- en by law, whatever that law may be. Now then the duty of the law making power is to make laws which will be for the best interests of the whole, and in doing: this you may do some injustice to an indiyidiifil here and there. My friend from Uinta refers to a certain class that are voted as cattle, but that element, is not composed of American citizens, and where you find American citizens you find few who can't read and write. The number that would be disenfranchised by this section will be comparatively quite small. The old sol- 376 CONSTITUTIONAL CONVENTION. dier has also been referred to by my friend from Uinta. I re- member in the regiment I belonged to out of a regiment of nine liundred, there was but one man who did not sign his name to the pay roll, and that man was not an American citizen, so if we adopt this section we w r ould debar few American cit- izens from the right of suffrage, and in doing so yon protect them from the vote of that element which it has been said are voted almost like cattle. I believe it is for the good of .the whole and for the best interests of the whole, that we place this restriction here as a part of the fundamental law of the .state. Mr. CAMPBELL. I don't know whether I fail to make my- self clear in these matters, or whether it is because the per- sons who speak -after me have not a very clear understand- ing. Now in relation to the old soldier business, I was not a soldier myself, could not have been, because I was not old -enough, but I merely cited that as an illustration. Now in re- lation to the statement that all old soldiers can read and w r rite, I want to say that in the neighborhood I came from three brothers, all citizens of this country, born and raised here und their father and grandfather before them, they all were old soldiers, one lost his limb before Richmond, and none of these boys can read or write, and yet they are as intelligent citizens as we had in that township. I merely cited that as an illustration to illustrate the principle. My friend Judge Brow r n asks why I did not oppose the section in reference to in- sane persons, and idiots. I will answer that I am not yet the inmate of an insane asylum, and furthermore I will now ask him, arid I did ask him the question, but he did not give a square answer, I asked him if he put insane persons, and idiots and persons convicted of crime upon the same level with men w r ho cannot read the constitution of the United 'States? I said and I repeat it that men who cannot read the 'constitution of the United States are not ignorant men. If you place them upon the same plane as my friend Judge Brown places them, then you place thfe signers of the Magna Charta on the same plane with insane persons, idiots and persons con- victed of crime. If he will examine' a copy of the old Magna Charta, which was wrung from King John, he will find that two-thirds or three-fourths of these honest old Saxon yeoman- ry signed their names with a mark. Now, we have here this morning an argument participated in by several gentlemen of this convention, about the meaning of a certain term, the word citizen, and that goes to show how a man may be able to read the constitution of the United States and not under- stand a word of it, without knowing the meaning of a word form beginning to end, and yet you say simply because a man <*an read the constitution of the state, while he may get it PROCEEDINGS AND DEBATES. 377 parrot like, he may go to the polls, and the constitution is placed before him, lie lias committed it to memory, and can read it off word for word, and not understand a word, you sny to that man he can vote, but the man who is intelligent upon every subject, and could understand the meaning of the terms, he shall be deprived of the privilege of voting because he can- not read and write, but you give it to the/ man who can read the constitution parrot like. Now, in answer to my friend from Uinta who spoke about the clerk of the comt going round with his ho>k under his arm. He can naturalize an intelligent man just as well as an ignorant man, and I don't see any argument in that point whatever. The clerk of the court doirt make any distinction between men who can read the constitution of the territory of Wyoming and men who can't. He goes around to make votes for himself and in order to make a little money for him- self. If there is such an evil as that the legislature can cure it. If it customary for clerks in the western part of the territory to do this sort, of thing it has no bearing upon this question whatever. I repeat what I said when I started out that if you tax a man and compel him to bear a portion of the burdens of citizenship, then that man should have the right to vote, should have the right to say who shall govern the state and what the laws of that state shall be. Mr. CONAWAY. I desire to remind the committee of the whole that the senate committee on arid lands will be here at 1 :30. By action of your convention, and your committee last ni$ht, they are at once to be brought to this convention and introduced to your chairman. It would certainly be very wrong, to say the least, to have that committee introduced to empty benches, and I would remind the committee of the whole that itl is now twenty-five minutes to one. Mr. PALMER. I desire to protest against the motion of Mr. Campbell. It is a very sad thing, and a very mortifying thing to an American citizen to be present at an election and see intelligent men and women go up to the ballot box and cast their votes, and have a lot of ignorant fellows, who know nothing whatever of our institutions, go up and offset their votes. That is the way the elections are in the town of ~Rock Springs, where I happen to reside. I say that it is an outrage that these men who know nothing and care nothing about our institutions, should be allowed to cast their ballots and render neutral the ballot of an intelligent man. Mr. BAXTER. I am informed that the senate committee will be here at half past one, they will require thirty minutes or more for their luncheon before coming up here, and I hard- 37 8 CONSTITUTIONAL CONVENTION. ly think this convention will sit without adjournment until af- ter two, I move therefore that we now arise, report progress- and ask leave to sit again. Mr. HARVEY. Second the motion. Mr. CHAIRMAN. It is moved and seconded that we now rise, report progress and ask leave to sit again. All in favor of the motion will say aye; those opposed no. The ayes have it and the committee will rise. Mr. President: Your committee of the whole having had under considera- tion File No. 68, on suffrage and elections, report progress and ask leave to sit again. C. H. BURRITT, Chairman. Mr. PRESIDENT. Gentlemen of the convention, there is a communication on the table from the governor of the ter- ritory, which the clerk will read. (See journal page 63.) Mr. BAXTER, I move we take a recess until 2 o'clock. Mr. MORGAN. Second the motion. Mr. PRESIDENT. It is moved and seconded that we take a recess until 2 o'clock. All in favor of the motion will say aye; contrary no. The ayes have it; the convention will take a re- cess until 2 o'clock. AFTERNOON SESSION. September 17th. Convention reassembled at 2 o'clock. President Brown in the chair. Mr. BAXTER, Mr. Chairman. Mr. PRESIDENT. The gentleman from Laramie, Mr. Baxter. Mr. BAXTER, I have just been down to the station and while there saw a telegram addressed to Governor F. E. War- ren, saying that the irrigation committee would be here about 3 o'clock. There was some discussion down there as to what should be done, and it was finally agreed that the committee appointed from this body, having in charge the entertainment of these gentlemen, should make such arrangements as may be necessary to drive this delegation to the fair grounds and show them such crops, etc., as may be on exhibition there, and have their business meeting with them this evening to discuss the question of irrigation with them. It seems to me, therefore, that it would be proper for this convention to adjourn until some hour tomorrow, and extend an invitation to this senate committee to meet us here at that time, if they care to remain PROCEEDINGS AND DEBATES. 379- over. Appoint some hour when they can meet us as a conven- tion, but don't ask them to come here and address a lot of emp- ty chairs. Mr. COFFEEN. I was hoping the motion would take some- thing of this shape; that the president should call us together, and we should be in session ready to receive this senate com- mittee whenever they arrive, and when they are ready to be- receive'd, and for this convention to attmpt to dictate or to fix the hour when they shall be received. Mr. FOX. It seems to me that if we could adjourn until 8 o'clock this evening it would perhaps suit all hands better than to take up the time tomorrow morning with this senate committee. Mr. McCA^DLISH. I think for reasons apparent to the greater portion of the convention that it will be very hard to hold a night session tonight. The chance of obtaining a quo- rum is very slight. Mr. MORGAN. It has been suggested that there is no pro- vision for light for a night session. Mr. BAXTER. I will say that it seems to me of much great- er importance that our committee appointed from this conven- tion should have an opportunity to confer with this senate com- mittee and lay before them such facts and information as may- be in their possession, than that they should be invited to ad- dress this convention. It is certain that the senate committee- will be here tonight, but it is not certain that they will be here in the morning, and the committee may only have this evening for its consultation. If they remain over tomorrow they can 1 then be invited to attend the convention. Mr. COFFEEX. Another point can be made. Your com- mittee from this convention, consisting of one member from each county, to look into this matter, were in session last ev- ening. We received information from the territorial engineer to the effect that at Denver the authorities undertook to delay the reports, and did not get matters into shape to lay before this committee. The committee refused to remain there claim- ing that it was not their fault that they were not ready, and could not carry on their work, and nothing was accomplished. They have all been away from home for a long time and are anxious to get through their work and go home, and it is very probable that they will not be here tomorrow. Xow tak- ing these things into consideration, my impression is that our only chance to receive this senate committee as^a convention will be this afternoon, and after the experience in Denver I don't think it will be well for this convention to postpone the. matter until tomorrow morning. 380 CONSTITUTIONAL CONVENTION. Mr. BAXTER. It seems to me that this matter is pretty well understood. It has been stated by a member of this com- mittee appointed to receive these gentlemen that they will be taken to the fair grounds immediately upon their arrival here this afternoon, and that this evening has been fixed as the time for holding their consultation with them, so it will be im- possible for us to receive them as a convention this evening. Mr. McCANDLISH. I move we adjourn until 9 o'clock to- morrow morning. Mr. REED. Second the motion. Mr. PRESIDENT. I would like to impress one. fact upon the members of this convention before this vote is taken. I am strongly in favor of our receiving this senate committee as a convention, but it seems to me if we are to invite this commit- tee here we don't want to ask them to speak to empty benches, and it seems to me that it would be well to adjourn until such tune as we can have a full convention to receive them, if you are going to do it at all, and I don't believe you can do that in one hour or this evening. The motion is on the motion to ad- journ until tomorrow morning at 9 o'clock. All in favor of the motion will say aye ; those opposed no. The chair is in doubt. All in favor of the motion will rise and stand until counted 13. Those opposed will rise and stand until counted 10. The motion to adjourn prevails. The convention will adjourn nmtil 9 o'clock tomorrow morning. FIFTEENTH DAY. MORNING SESSION. Wednesday, Sept. 18, 1889. Mr. PRESIDENT. Convention come to order. The secretary will call, the roll. (Roll call.) SECRETARY. Seventeen members present, Mr. President. Mr. ELLIOTT. I move a call of the house. Mr. PRESIDENT. A call of the house is ordered. All in favor of the motion will say aye; contrary no. The ayes have it, the sergeant-at-arms will close the doors and proceed to bring in absent members. Mr. TESCHEMACHER. At the request of Mr. Butler, I ask that he be excused from this morning's session. I should Tiave made that request as soon as the roll was called. Mr. HOYT. I have a similar request to make for Mr. Chap- lin, who has been called out on business and asks to be excus- .ed for half an ILO.UT. PROCEEDINGS AND DEBATES. 381 (Messrs. Grant, Baxter, Hay, Johnston, Burdick and Me- Candlish come in.) Mr. TESCHEMACHEB. I think there is a quorum present and move that further proceedigs under the call be dispensed with. Mr. HOYT. Second the motion. Mr. PRESIDENT. So many as are of the opinion that fur- ther proceedings under the call be dispensed with will say aye ; contrary no. The ayes have it; further proceedings under the call will be dispensed with. The secretary will read the journal. (Beading of the journal for the fourteenth day.) Mr. PRESIDENT. Are there any criticisms to be made to the journal? If not it stands approved. It is so ordered, Mr. Secretary. The committee on preamble and bill of rights, the- name of Col. Downey appears as the second member of that committee. It is uncertain when Col. Downey will be present, although expected every day, and if there is no objection, and as the committee desires to do its work and report as rapidly as possible, I would name Ex-Governor Hoyt of Albany to tem- porarily take the place of Col. Downey, until he shall arrive, if there is no objection. The chair hears no objection, and Ex- Governor Hoyt of Albany will temporarily act in that capac- ity in the absence of Col. Downey, and until he arrives. Presentation of memorials, petitions and propositions are now in order; are there any 'to be presented this morning? Reports of standing committees; any reports? Mr. GRANT. Committee No. 11 has a report to make. Mr. HAY. I would like to call attention to the fact that two members signed with exceptions to certain portions of it. Mr. GRANT. Mr. Hay and Mr. Richards approved of it all with two exceptions, as will be seen in the report. (See journal page 65.) Mr. ELLIOTT. I move that the report be referred to the committee on printing, without being read. Mr. PRESIDENT. The chair would suggest to the conven- tion that we are getting our printing so slowly it may be un- wise to so refer it. However, if it is advisable the chair will put the motion. Mr. ELLIOTT. I think it should be printed; it is very long and it will be absolutely impossible for this convention to con- sider this matter unless it is printed so we may all be able to understand it. Mr. PRESIDENT. The question is on the motion to print the substitute reported by Committee No. 11, on taxation, rev- enue and public debt. Are you ready for the question? As many as are of the opinion that the matter be put into the hands of the printing committee will say aye; those opposed no. The ayes have it; the motion to print prevails. I would 382 CONSTITUTIONAL CONVENTION. suggest to the committee on printing that this matter be put in the hands of the printer as early as possible. Are there any further reports from committees? Gentlemen of the convention, the business of the morning having been disposed of, we are now ready to go into commit- tee of the whole on the general file. Mr. MORGAN. Before the motion is put I would like to move that we hold sessions every night this w^eek, commenc- ing at 7:30, except Saturday. Mr. HOYT. Second the motion. Mr. PRESIDENT. I wish to state before putting the motion that in accordance with the order of the convention, I extend- ed an invitation to the committee of the United States senate .to address the convention. Senator Jones left last night and will not be able to be present, but Senator Stewart remains, .and consents to address the convention and suggests such time as may be most convenient to the convention, suggesting, how- ever, that owing to the fair and other matters, that perhaps it would be more agreeable to address the convention in the ev- ening, and names such time this evening as would be most agreeable to the convention. What is your pleasure as to the matter? Mr. HAY. In connection with that motion, I would like to inquire what arrangements could be made for light? Mr. PRESIDENT. They had a meeting herelast night, and I presume they must have had lights. Mr. HAY. I presume the arrangement was only made for last night. Mr. PRESIDENT. I suppose the ways and means commit- tee will have to provide the light. Will the mover of the mo- tion to hold sessions as named fix the same hour, 7 :30, for this evening? The chair would also suggest that there is no time set for our morning sessions, and perhaps owing to misunder- standing as to the hour, a great many of our members are ab- sent at roll call. If the gentleman would also include in his motion some time of meeting in the morning, it would be suffi- 'Cient notice to everyone, and we would not be troubled with so many absentees at roll call. Mr. MORGAN. I move to insert 9 o'clock in the morning. Mr. PRESIDENT. The motion, as the chair understands it, is that we hold sessions every evening this week, except Saturday, at 7:30 o'clock, and that our morning sessions be- gin at 9 o'clock. So many as are of the opinion that the mo- tion as made prevail, will say aye; those opposed no. The ayes have it; the motion prevails. What is your further pleasure, gentlemen? Mr. TESCHEMACHER. I move we now go into commit- tee of the whole for consideration of the general file. PROCEEDINGS AND DEBATES. 383 Mr. HAY. About this light matter. Mr. Johnston has al- ready had something to do with the lights, and I move that lie be requested by the convention to make arrangements for lights during this week. Mr. PRESIDENT. There being no objection the chair will consider the motion as prevailing by unanimous consent, and Mr. Johnston is appointed a special committee of one to look after lighting the house for the week. It is moved that we mow go into committee of the whole for consideration of the general file. So many as are of the opinion that we now go in- to committee of the whole will say aye ; contrary no. The -ayes have it; the motion to go into committee of the whole prevails. The chair will call Mr. Sutherland of Albany to the chair. Mr. SUTHERLAND. I would rather be excused, and let some one more able take the chair. Mr. PRESIDENT. Will Mr. Coffeen of Sheridan take the chair? We are now in committee of the whole, Mr. Coffeen in the chair. Mr. CHAIRMAN. The first thing on the file is File No. 68, suffrage, pending the motion of Mr. Campbell, amended by Mr. Baxter. Mr. Campbell submitted an amendment to strike out Sec. 9, Mr. Baxter moved an amendment to the amendment to strike out the last sentence, and insert "this section shall not apply to citizens of Wyoming at the time of the adoption of this constitution." Gentlemen, you have heard the amend- ment, what is your pleasure? Mr. ELLIOTT. I would like to ask whether the substance of that is not contained in the succeeding section. I so under- stand it. Mr. GRANT. I take it that Sec. 10 covers the ground. Mr. CHAIRMAN. Gentlemen, the motion before the house is on the amendment to the amendment as made by Mr. Bax- ter. Are you ready for the question? Mr. POTTER. I don't know, Mr. Chairman, about the amendment to the amendment. Without giving it much thought it occurs to me that we are providing that all citizens shall have the right to vote. That amendment should not ap- ply to all citizens. All citizens of Wyoming are not voters of Wyoming by a long distance. Mr. BAXTER. I will explain to the gentleman what my idea is. It seems to me that in adopting this constitution there should be no discrimination made against a citizen of the state who is at the time of the adoption of the constitution a voter under our existing law. That is, everyone shall continue to have the right to vote who shall heretofore have had it in the territory, and instead of fixing some date in the future after which a man unable to read or write shall not vote, my own impression is that it would be better to say "at the time of the adoption of this constitution," after that a man who becomes 384 CONSTITUTIONAL CONVENTION. a citizen shall not vote who has not the necessary qualification; let such discrimination be at the time of the adoption of the constitution, instead of some date in the future. Mr. PRESTON. Since the very first day of this convention I have been very anxious to return to my home, and it has been far from my intention to take up any of the valuable time of this convention in discussing any of the questions before it for its consideration. Yet there is involved in Sec. a principle which I have been taught from early infancy, and which I feel that in justice to myself I cannot permit to go by without an expression of my opinion in regard thereto. It is true this question involved in Sec. 9 was argued yesterday, it was dis- cussed by some from a political standpoint, while others at- tempted to fight over several battles in the late rebellion;; again, w r e found the defeated candidates, who were tempted to find fault on account of their defeat. I do not understand that in this question any political question is involved; I do not un- derstand that politics is in any way connected with this sec- tion, unless my friend Mr. Baxter is one of those kind of Repub- licans that believe that Democrats cannot read. We all recog- nize that in politics it is an honest difference of opinion, and so far as the vote is concerned at Rock Springs and along the- railroad, it is a w r ell known secret that the party who controls the floating vote is the Republican party. Politics cut no fig- ure with a man's sins, but there is one political sin, and that is connected with one class of people, and they will have to an- swer for it on judgment day, and that is the sin of the friend of the foreign capitalist who favors a high protective tariff. Now gentlemen when the declaration of independence was framed by our forefathers, there was a principle embodied in that declaration that said that all men were created equal; that they w r ere created by their Creator with certain inherent rights and, gentlemen, one of those rights is that a man has a right to vote, and to vote as he pleases, wiiether rich or poor, ignorant or educated. It was not the intention of the framers of the constitution of the United States that a man should be pos- sessed of any other qualifications than that of a citizen of the United States. The abuse here that has been called to the- attention of this convention by those people, who it is said at Rock Springs and other places, who have abused the ballot, has not been because they were ignorant, but it has been for the reason that men have been permitted to vote who were not citizens of the United States, and w r hen you put into the consti- tution of the proposed state a provision that says before a man shall vote he must be a citizen of the United States, then you put all in that constitution in my opinion that should be re- quired of a man in order that he may have equal voice in the affairs of the government of his country. When you undertake to say that a man must be educated in order to vote, when you PROCEEDINGS AND DEBATES. 385 undertake to say that ;i civil service commission must he ap- pointed to examine into the qualifications of a man before lie can vote, you are placing upon him one of those restrictions which it was not intended ever should he placed upon him by the founders of this country, and I must say to you gentlemen that when you embody in the constitution of Wyoming a clans:- that says a man must be educated to vote, then you are sign- ing the death warrant of the constitution of Wyoming, and it will never be accepted by the people of Wyoming. For what reason now, in the name of justice, for what reason will you give a man who resides in Wyoming today thejjrivilege of cast- ing his ballot, when the man who comes here after we are ad- mitted as a state, after the year 1895, shall not have that pri- vilege. I understand the main object of pressing the territory into statehood at this time is for the purpose of stretching out our arms and asking people in other states to conn/ and live among us. It has been said by gentlemen who are thoroughly acquainted with all 'the surroundings of the territory, who knows its resources, who knows what it has, who are well ac- quainted with the requirements necessary to develop this coun- try, these gentlemen say to you today through the press and on the streets that Wyoming cannot prosper until we are admit- ted as a state, for the reason that people with capital who live in the east, will not invest their money in this country. Then I say to you gentlemen if you are going to place a restriction upon those who are not living among us, and to say the man who lives here now can vote because he is ignorant, and the man who comes here who cannot read and write is deprived of the privileges that it was intended he should have by the foun- ders of his country; then I say to you gentlemen you are strik- ing the death blow at the future prosperity of Wyoming. Mr. CAMPBELL. I have the following amendment to of- fer: "No person shall be entitled to vote who cannot translate Hamlet's Soliloquy into Pennsylvania Dutch." Mr. COFFEES. I rise to a point of order. This goes one step too far, to amend an amendment to an amendment. Mr. CAMPBELL. This is offered as a substitute. Mr. CONAWAY. I believe the substitute is not seconded, and I arise to address myself to the question before the house. As I understand the way the business now stands, the question was originally upon striking out Sec. 0, providing for an educa- tional qualification to exercise the right of suffrage. Then there was an amendment offered to the amendment, which has just been read, and that amendment is now before the house. I presume that in committee of the whole it will not be consid- ered improper to take into consideration the range of this amendment, as it is necessary in making up our minds how to vote upon the question, upon the amendment to the amendment to consider to some extent the general question of the propriety 25- 3 86 CONSTITUTIONAL CONVENTION. of an educational qualification being adopted into the consti- tution as a whole; now I am one who stand with Mr. Clark upon this proposition, opposed in toto to the doctrine requiring an educational qualification for the exercise of the elective franchise at any time in the history of our territory or state. The discussion of this question on yesterday took a very wide range, and was discussed, as has been said, partly from the standpoint of the old soldier, the standpoint of the politician, partly from the standpoint of the defeated candidate, and part- ly from the standpoint of the foreign born citizen or resident. I do not know that it is necessary in discussing this question that we take any of these special standpoints, but I prefer to discuss it from the standpoint of a citizen or resident of the proposed state, without regard to occupation, or special place of birth. It has been ray experience among the communities in which I have lived to find among the people with whom I became acquainted, persons who had the misfortune to receive no education whatever, both of foreign and native birth. It was no unusual thing among our fathers and mothers, with the limited means of education at their disposal in the days when they lived, for people to grow to manhood and womanhood, to live and labor and die without learning to read or write, and there are such people in our territory today, while they are un- educated, some of them unable to write their names, nuable to read a word of English, but they are not ignorant people. They know as much about the current affairs of the times about business, and who are as efficient and useful men and women as we have in our different communities. I know of such people, I am acquainted with such people, I have them in my mind now, I could name them, and I think it would be a great mistake to deprive them of the right of suffrage because circumstances unfortunately deprived them of an education. Many of this class of unfortunate people realize deeply their misfortune in not receiving an education, and I believe it would be a great mistake to deprive them of a right which I believe many of these people, and perhaps a majority of them, exer- cise as intelligently as any class of people living in the commu- nity. That is my opinion upon this question, and it is not al- ways that the wisdom, power and influence given by education are wisely practiced. I think that the qualification for practi- cal knowledge, of good character, honest, moral character, and right intention, would be more important, and much more ef- fective that the educational one. Now while this discussion has taken such an extended range as it has, I will ask pardon for occupying a little more time in illustrating what I mean by an example. The soldiers were referred to yesterday. I re- member in the division of the army with which I was connct- ed most of the time, the case of a lieutenant in one of the com- panies of one of the regiments of our division, who was excep- PROCEEDINGS AND DEBATES. 3S7 tionally bright, exceptionally well educated, who had studied history and general literature, and who had studied all the mil- itary authorities and tactics, he was acquainted with military operations thoroughly, and knew more and could tell more about the tactics, about the principle which should govern everything, about the plans of campaign, and who could discuss all these matters more intelligently than any man of my ac- quaintance, and he was a nuisance in the army. He occupied all his time in giving advice to everyone, to the officers of the brigade and of the division. He carried this to such an extent that charges were preferred against him for inefficiency, and an officer of the regular army was detailed to investigate wheth- er the reasons for the charge were good and sufficient; the ex- amination was conducted before a board composed of officers of both the regular and volunteer service, but his knowledge of army tactice was so perfect that after a most rigid examina- tion the prosecution failed, and he was allowed to return and destroy the peace and comfort of the entire brigade. I wish to connect that case which came under my own observation, with one which I read of. I read of the case of a sergeant in one of the companies of the army of the east, who in the com- mand of squads of men showed himself possessed of remark- able ability for handling men and accomplishing a great deal, as much perhaps as any man in that portion of the army could -with the same number of men, and it happened that this fac- ulty which he had was developed by the fact that the higher officers would detail him with squads of men to go on reconit- ering 1 expeditions, and on one occasion it happened that in action in a battle a majority of the officers of the regiment to which he belonged were killed, and it devolved upon him to take command of the company, and for a moment the greatest confusion prevailed. The men w r ere discouraged and were about to retreat, but he brought into play that great natural ability which he possessed to handle men, and within a short time he suddenly brought about a complete change of affairs, and he handled those men so w r ell, showed himself so efficient, he was recommended for promotion that lie should have a commission. The recommendation was endorsed by the com- mander of the regiment and by the commander of the division, and so on up, and sent to Washington. It happened that at that time in the history of our country there was a board of examination appointed for the purpose of examining persons recommended for promotion, and this board, composed of high- ly educated young men from West Point, took the case of the sergeant and examined him. They asked him what an abbatis was; he did not know, he did not think they were used in his part of the army; they asked him under what circumstances he would form a hollow square of his men; he didn't know; never lieard of such a thing ; such a thing had never been done where CONSTITUTIONAL CONVENTION. he had been; they asked him several other questions and he could not answer a single one. Finally one of the board asked him: "Suppose you were in action on the field of battle, and the cavalry force of the army should make a charge on your command of infantry, if you should happen to be in command, what would yon do?" "What would I do," said lie, "Why I would give them hell, that is what I would do." AVell, the man did not answer a single question correctly and his recommendation for promotion was sent to Abe Lin- coln disapproved. Mr. Lincoln was a man of strong sense of justice, and he knew what the sergeant had done, what he was capable of doing on the field, and he read that report through, question after question, and not a single one answered correct- ly, and after reading it through he wrote at the bottom: "Give this man a commission." Now that illustrates my view of the impropriety of requiring an educational qualification for the exercise of the right of suffrage. It cannot be required in busi- ness, the man without education has the same necessity to en- gage in some kind of business and make a success of it, if he can, that the intelligent man has, and our failures are not con- fined to the ignorant men, and I claim that uneducated people are not necessarily ignorant people, that they are as efficient, as \vell informed as educated people, not only as well informed but that their information and their knowledge or their opinion is of a practical nature, and that they are capable of exercis- ing this privilege of the right of suffrage, iind every other pri- vilege with at least reasonable efficiency and intelligence, and are just about as likely to be right in the main as the intelligent people are on all questions which come before us for our deci- sion, and I think it would not only be wrong in principle, but that it would be bad policy to put such a provision into our constitution. Of c.ourse, considerations of policy are only sec- ondary. If we get at what is right that is the main considera- tion, but we should not forget that we are considering what is right, that there are some considerations of policy which should guide us to some extent, and which are well worth re- membering. I am satisfied that there is a large and respecta- ble vote in the different counties of this territory, which by this provision requiring an educational qualification, will be pre- vented from giving their support to this constitution, good men and women who would be glad to see Wyoming a state, and who will be citizens of me state whenever it becomes a state. So with these views 1 am not very particular how these amend- ments pass, whether Ihey pass or not, but 1 hope whether amended or not, that the section will be defeated as a whole. I consider it wrong in principle and a mistake at the present time. Mr. HARVEY. I simply want to declare that my firm con- viction of the principle involved in this section is the only PROCEEDINGS AND DEBATES. 389 principle upon which this convention can afford to go. I don't think that Wyoming at this stage of the world's (levelo])iiieiit can afford to stand on the basis that ignorance is as intelligent , as education. I was not in the war, and know nothing about 1he circumstances of the war personally, but since the war I 1m ve followed the trend of this up, and studied the thought, and that the best thought of this country, and it is uniformly agreed that the most serious problem which confronts us is the simple question of the ignorance of the vast hordes that are coming in among us year by year. And I submit it has been agreed one of the best possible means of avoiding this evil is by the adoption of some such a measure as proposed in this sec- tion. The argument is a very surprising one, it is simply that ignorant men are wise, just as capable, just as intelligent as educated men. The whole theory of this country from the be- ginnig up to the present time has been just the opposite. I won't argue such a question as that. Now let us be consistent. We have in adopting this clause allowing women to vote, given them the right of suffrage, not because we thought it right, but because we have become convinced by the experiment, that they are capable of exercis- ing it wisely; that the interests of the state will be promoted by our so doing. We propose, I assume, to adopt what is called the compulsory education clause. Let us be consitent then, let us educate, let us put a premium on education, let us require our voters to fulfil the law by educating themselves. Mr. TESCHEMACHER. I think that as the author of this provision it is about time I had a chance to get on this floor and defend it. I am perfectly surprised at the arguments made here. It is not such a perfectly unheard of thing in the consti- tutions of the states of the United States that we should have such a provision. The state of Maine has such a provision, which was passed as an amendment to the constitution of 1780, the amendment was passed in 1820, whereby men should be able to read the constitution, that he should be able to read it. in English, and that he should be able to sign his name. The second state was the state of Connecticut, another good old New England state, and in 1855 Connecticut passed an amend- ment to its constitution that every voter should 'be obliged to be able to read an article of the constitution of that state. In 1<880, I think it was '80, the south fell into line, and Florida came to the front with an amendment to her constitution, an amendment to the effect that after 1SSO the legislature must pass laws requiring voters to be able to read, and then, strange to say, this remarkable theory of disfranchising the voter trav- eled west, and in 187(> Colorado provided that after 1800 the legislature might prescribe 1 an educational qualification. There are four other states, two Xew England states, one far south- ern state, and one far western state, who have all thought that 390 CONSTITUTIONAL CONVENTION. an educational qualification was something that might be prescribed as one of the requirements of a voter. My friend, Judge Conaway, who last spoke on the question of the' necessi- ty of striking out this provision from the constitution, told us a very good military story, but I did not gather from the story that the sergeant did not know how to read the constitution. He did not know how to form a hollow square, or what to do with a cavalry charge, but so far as his not being able to read, tho constitution went we did not find that out. Now in the next place I wish to ask the members of this convention what we are proudest of in the records of this territory. It is that the territory of Wyoming, away out in the Rocky mountain re- gion, has the least amount of ignorance of any state or terri- tory in these United States. We have only two per cent of the people in this territory who cannot read and write, and two per cent of the people of this territory is not going "to defeat this constitution, so the gentlemen need not be afraid on that score at all. I have always been proud of this, that we only had two per cent, and I want the census of 1890 to show that it has fallen to one per cent, but instead of that, gentlemen get up here and say we had two per cent in 1880, but we are anxious to show a big census in 1890. In some of the states they have thirty-five per cent of the population who can iieith- write nor read, let us make a bid for that thirty-five per cent and add it to our two per cent, and become a state a little sooner perhaps than we would if this clause here were to re- main. My friend, Mr. Campbell, on the other hand, has made a very able argument that convinced me for a few r moments un- til I began to thinjv it over. He says that while you require a man to pay his taxes you deprive him of his vote. I say that every state in the union, Rhode Island last of all, has said that that is one of the things that has nothing to do with a vote. He don't think it would be proper, because a man is poor and unable to pay his taxes, he should be deprived of his vote ; but that is the great argument that my colleague makes; he says that you make a man pay his taxes but you forbid him to vote. I say that taxation and the privilege of suffrage have nothing to do with each other at all, and I will say with niy friend what my belief is in regard to this question. I cannot remember the exact words but I will give them to you as well as I can ; that it is a good Democratic theory that the broader the foundation the stronger the base the better the edifice and the strongest foundation in any commonwealth is that laid on education and intelligence, and that is what makes a people able to take care of themselves, and pass suitable laws. Now while we ap- preciate the fact that while universal suffrage is a good thing, it is well to have some kind of a safty valve, and that is just what this educational qualification is, a safety valve in the ex- ercise of the elective franchise ; we only require that a man shall PROCEEDINGS AND DEBATES. 39 f be able to read the ballot he casts. It is like running an engine although I confess I don't know much about that myself, sup- pose a man was running an engine and had no safety valve, but would throw open the throttle and let the thing run full head, and what do you suppose would happen then, I think he would be likely to take his engine where my my friend Judge Cona- way-s sergeant was going to take his cavalry. Mr. MORGAN. I have not given any consideration to the number of people that this section might debar from voting at present, but the time will come, when some persons, residents of this territory, will be preventing from voting by this, I don't care whether in ten years or now. I don't care anything about that. Under this section there would be some men debarred at some time. This provides that they shall be required to read the constitution of the United States, if this prevails, it should be followed up by the establishment of some civil service board to examine persons to find out whether they understand the constitution of the United States, and our institutions, and the different parts of our government. Otherwise it would not ac- complish what the gentlemen are trying to accomplish. An- other reason suggests itself to me why it should not be adopt- ed. Suppose that I was a candidate for office, suppose that toward the close of the election, and I should be apt to know by that time how the election was going, suposing I should dis- cover late in the afternoon that a majority of the votes yet to be cast would be polled against me, that a majority of the votes yet to be polled would be for the other man, if I was unscru- pulous enough, as fast as every man came up to, cast his ballot I would call upon him to read that constitution, and I could pos- sibly thereby prevent fifty honest voters who can read from casting their ballots. Mr. BAXTER. I have been very much interested here in the discussion on this question. It is a matter I had given very little thought to, and I hardly agree with my friend here on the right that we have heard it discussed sufficiently. I don't know that I am prepared to take a stand on this matter until I have a little more information on it. The first thing that occurred to me in submitting that proposition was that instead of fixing some time in the future by which time a man, like a parrot, might be able to say such words before somebody as would en- able him to cast his vote, that we had better draw the line an the adoption of this constitution. I have never been in any of these mining towns, my business does not call me there, and while I have little or personal knowedge of the condition of af- fairs about these mining camps, but I am told that in most of these mining camps there is a large population whoare not men of sufficient intelligence to know how they should vote, and the 5Q 2 CONSTITUTIONAL CONVENTION. question as to how they should vote usually exercises little in- fluence with them, and if that is a, fact it seems to me that they should not be allowed to counterbalance the vote of a thousand, or two thousand, or three thousand, whatever it may be, who do vote intelligently and on conviction, and it was with the idea of reaching that class, and of not doing an injury to any man, that this suggestion of mine was made. I belivethat every citizen of the state should have the right to vote who has enjoyed the right under the territorial form of government. I cannot recall to mind a half dozen men who cannot read or write, but I agree fully Avith Judge f onaway in the declaration that you will find among people of this class many worthy citi- zens, men of ability, and it would be a great hardship to deprive them of this right. My idea is not to do that. Every man who has up to this time enjoyed the right should continue to enjoy it under this constitution, but we should make some provision by which hundreds of people who apparently have no sympathy with our institutions, no intelligence, and as has been said time and again, have been herded together and voted like cattle, we should make some provision which would reach that class. I am opposed to that class if they happen to be here long enough to be qualified under the time qualification, I am opposed to that class being allowed to cast their vote and in so doing coun- terbalance the vote of those who vote upon conviction. Mr. HOYT. As one whose name is sighed to this proposi- tion. I think it my privilege to say a few words. I want to say at the beginning that I want it distinctly understood by every member of this convention that this is a measure proposed with reference to the future. We all have pride in our population, in the intelligence of our people, and no member of this con- vention w T ould deprive any citizen of the rights he has already enjoyed. But 'we are looking to the future. Accordingly we - have provided in this Sec. 9 that all who have enjoyed the privilege shall continue to enjoy it so long as they live, but in order to prevent an influx of the foreign element in the future, who are unable to understand our institutions, and who are incompetent to stand by and uphold them, and promote 1 the gen- eral welfare 1 , to prevent this class of people coming into our ter- ritory is the reason that we propose this Sec. 9. I prefer educa- tion of mind to anything else. I believe in education. I believe 1 while 1 intelligence* is the pulse, education is the vibratory, vital force which we 1 feel, and we 1 here have the right te> protect our stale as to the future 1 . The first great duty of every government is to loe>k to the security of the state. The inconsistency which has bee 1 !! referred to, e>f supporting woman's suffrage and e>f dis- crimiualiisg against the illiterate, I say there 1 is no argument, in that. Both acts are based upon this theory, this doctrine of Ihe security of the state. We give 1 women the 1 elective fran- PROCEEDINGS AND DEBATES. 393 chise because we believe it will promote the security of the state, because they are as intelligent as we are, and will pro- mote the welfare of the state. W refuse it to the illiterate be- cause they are incompetent voters. If the women as a class were less intelligent than they are, less competent to exercise that right, as a friend of the state, of its future success, and future welfare, I would have voted against woman's suffrage. I voted for it because I believed they would promote the wel- fare and security of the state and I deny it to the illiter- ate man because I believe his exercise would be opposed to the welfare of the state. That is the ground upon which I stand. Now then, Wyoming having taken her place at the front in the matter of intelligence, in the matter of liberty and equality and justice to all her people, I desire that she shall hold her place at the front of all the states in the galaxy of states. It is known to every man on this floor that seventy- five per cent of the emigration comes west of the Mississippi river, and when the agricultural lands lying along the Missis- sippi and Missouri have been occupied, there will come a migh- ty tide to these mountain regions, and we will be flooded by people from the old world, without knowledge of our institu- tions, without ability to read our constitution, or without abil- ity to govern themselves, and so we will say to all such people "See, we give notice to the world that five yeajs hence it will be impossible for you or any man to cast his ballot unless he can read his ballot. All citizens now r enjoying the right can continue to enjoy it, but we give notice to> the world that we want no illiterate men, no ignoramuses, but we want men of intelligence. What an influence this will have upon the people seeking homes in the mountains, when they see this notice, "Xo men wanted in Wyoming who cannot read the ballot he casts; go to other states but come not here." This will secure to us in the future an intelligent population, which will insure the prosperity and success of the commonwealth. Mr. BROWN. I would like to understand exactly how we are to vote. I understand that the amendment offered by the gentleman from Laramie, Mr. Campbell, was to strike out Sec. entirely. Then the gentleman from Laramie, Mr. Baxter, pro- posed an amendment to the motion to strike out the latter part of the section, as I understand it,and also included in that mo- tion a motion to insert matter into the section after strikim>; out "until 1894," and insert "at. the date of the adoption of this constitution/ 1 That is, after the adoption of this constitution, if a man becomes a citizen of Wyoming, if he cannot read or write he cannot vote. If the motion to adopt the amendment to the amendment offered by Mr. Campbell prevails, his motion is practically defeated. I wish to say. in a word, that I am in favor of the amendment; that is to strike out the latter part 394 CONSTITUTIONAL CONVENTION. of the section as reported by the committee, and add the- words u at the date of the adoption of this constitution." I only wish to say at this time in answer to some statements presented by different gentlemen upon this floor, that I do not agree with them. It has been suggested that this proposition has been considered from the standpoint of the defeated candidate, from.; the standpoint of the successful candidate, from the standpoint of the politician, from the standpoint of the soldier, and I don't know from what other standpoints. I don't take any stock in any one of them, I don't believe any gentleman on the floor of this house has presented any suggestion from any of these standpoints, and I wish to say now if there is a man upon the floor of this convention who proposes to act from any such in- fluence, and not upon his conscience as to what is best for the new state, I have not much respect for that man. Mr. CHAIRMAN. The question is on Mr. Baxter's amend- ment to Mr. Campbell's amendment. Are jou ready for the- question ? Mr. TESCHEMACHER, We can not vote upon that, it comes in conflict with the very next section. Mr. POTTEB. In my judgment the amendment is not in or- der. I think it so changes the original motion as to make it an entirely new amendment. It seems to me that we are in a very confusing situation. I am in this position: I would vote for this amendment if I thought the other would' not carry. I want to vote for Mr. Campbell's amednment, and I must vote against this amendment. If Mr. Campbell's- motion did not carry I would be in favor of this amendment. ' Mr. TESCHEMACHER. If the gentleman from Laramie, Mr. Baxter, will withdraw his amendment and let us vote on the original question, then he can amend it afterwards. Mr. BAXTER. I withdraw it. Mr. CHAIRMAN. Mr. Baxter has withdrawn his amend- ment, and the question will be upon Mr. Campbell's motion to strike out Sec. 9. Are you ready for the question? All in favor of the motion will say aye; contrary no. A division is called for. All in favor of striking out will rise and stand' until counted 12. Those opposed will rise 22. The noes have it; the motion is lost. Mr. CHAIRMAN. We are now in consideration of the sec- tion as it stands. The gentleman who withdrew his motion can now restore it if he so desires. Mr. BAXTER, I move to amend Sec. 9 in the manner sug- gested before. That is to strike out the last sentence and in- sert "at the time of the adoption of this constitution." Mr. CAMPBELL. Just see in what an inconsistent posi- tion they place themselves. Simply because a man is ignorant and happens to live here at the time of the adoption of the PROCEEDINGS AND DEBATES. 395 constitution is to have greater privileges than a man who is ignorant and comes here after the adoption of this constitu- tion. Do the gentlemen see their inconsistency? That is what is proposed in that amendment. Mr. TESCHEMACHEE, The gentleman is not speaking to the question. Mr. CHAIRMAN. All those in favor of striking out the last clause and inserting the words "at the time of the adop- tion of this constitution," will please say aye; those opposed no. The noes seem to have it ;the noes have it; the motion is lost. Mr. POTTEE, I desire to offer an aamendment to Sec. 9, by commencing the said section with the words "The legisla- ture may provide by law that." Not that the legislature shalL provide, but that they shall have the right to provide. Mr. FOX. Why not say the legislature "shall." Mr. POTTEE. Because I don't want it to. Mr. CHAIEMAN. All those in favor of this amendment" will say aye; contrary no. The noes have it; the motion is-- lost. Any frurther amedments to Sec. 9 ? . Mr. FOX. I have a section which I wish to offer as Sec.. 10, and Sec. 10 as here in the printed bill shall be numbered 11. "No person qualified to be an elector of the state of Wyoming shall be qualified to vote at any special or general election hereafter to be holden in this state until he or she shall have reg- istered as a voter according to law. The first legislature of the state shall enact such laws as will carry into effect the pro- visions of this section, which enactment shall be subject to' amedmiient, but shall never be repealed." Mr. HAY. I just want to say a word. We have not final- ly acted upon Sec. 9. We voted upon the amendment but not upon the section itself, and I therefore move that Sec. 9 be- adopted. Mr. CHAIRMAN. The chair begs pardon, he did not rnean< to pass over any section. All in favor of adopting Sec. 9 will say aye; contrary no; the ayes have it; the motion prevails, and Sec. 9 is adopted. Mr. TESCHEMACHEE, I wall ask Mr. Fox to withdraw his section until Sec. 10 as reported by the committee is read, because that is a supplementary to Sec. 9, and ought really be a part and parcel of it, and as Mr. Fox's amendment takes up an entirely different subject it would be better to have him withdraw it until Sec. 10 is read. Mr. FOX. My idea was that it shold come in that place, and if that was not the right -place for it the revision commit- tee could put it where it belongs, that was my idea about it, but I will withdraw it until Sec. 10 is read. (Reading of Sec. 10.) CONSTITUTIONAL CONVENTION. Mr. POTTER. It seems to me that that section ought to IK* amended by excepting from the operations of that section idiots, insane persons and persons convicted of crime. They might have become felons, or idiots or insane within that time. Mr. rHAIRMAX. The chairman is not quite clear about this; is it to be considered as a substitute or an addition to the section we were just considering? Mr. BTJBBrTT, If the secreary will read the report he will find that the committee 1 recommended the insertion of the sec- tion as Sec. 10, and the balance of the file to be renumbered consecutively. Mr. BAXTER I don't know about this word full. I think if we had held an election last evening most of our citizens could not have voted under this provision here ; I doubt if many of them could have reached the polls. Mr. rOXAWAY. Especially as there is a law forbidding the opening of a saloon within a mile of the polls. Mr. BAXTER. I therefore move to strike out the word "full/' Mr. CHAIRMAN. You have heard the motion to strike out the word full. All in favor of the motion will say aye ; contra- ry no ; the ayes have it ; the motion to strike out prevails. Mr. McCAXDLISH. I would like to ask the gentleman who proposed this substitute how r they are going to mark these people who cannot read now and write, and who are to be allowed to vote? Mr. RINER. Brand them with the letter M on the neck. Mr. BAXTER. As I understand this, section the criticism is an unjust one. This is a restrictive clause, and it says none but citizens of the United States shall be permitted to vote, but it don't say that all citizens of the United States shall be permitted to vote, so that the criticism that has been made that persons who cannot read must have the right under this -section is not a proper one. Mr. POTTER. Look at Sec. 6 as relative to the first part of the section. Mr. TErilKMArHER. I see the point, and I would like to explain the apparent inconsistency in that section. The first part of that section, of course, referred directly to Sec. 0, to the educational qualification. We wished to provide that no- body who at present cannot read or write, that no voter should be deprived of what lie had already enjoyed when we became a state. The second part of that section refers to the section which provides that all voters in the territory shall be citizens of the Tinted States, supposing there should be an election un- dei- this constitution within a year, we don't wish to bar out any who are entitled to vote now, but after five years we do PROCEEDINGS AND DEBATES. 397 wish to bar out those who would be able to vote; under our present election law, which simply requires that a man shall take out his preparatory papers and declare bis intention of becoming a, citizen. The section refers to two entirely different subjects, and I think myself, Mr. President, it has to be amend- ed to make it clear. Mr. HOYT. My understanding is that this report was sent in somewhat hastily, and it may not exactly answer the pur- pose. It seems to me that in this section there should be a sep- aration. That the first part should belong to Sec. 0, and should be placed there, so as not to lead to any confusion as to what is meant. Mr. CONAWAY. It seems to me that the first part of the section should be amended so as to read "Nothing contain- ed in Sec. 9 shall be construed, etc." As it now stands "noth- ing herein contained," refers apparently to the whole report, to the whole bill, including Sec. 6, and should be amended to re- fer to Sec. 9 in express language; I have not the exact words of the proposed section, so cannot move an amendment. I am opposed to the principle, but if we are going to have this thing, let us have it as good as we can make it. Mr. BROWN. I move to amend Sec. 10, as reported by Committee No. 5, by inserting after the word "constitution' 7 in the fifth line of the proposed section, "unless disqualified by the restrictions of Sec. 6 of this article.'* Mr. RINER, Second the motion. Mr. CHAIRMAN.. It is moved and seconded to amend Sec. 10 by inserting the proposed amendment as read. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the amendment is adopted. What is your further pleasure? The secretary will read Sec. 11. (Reading of Sec. 11.) Mr. CHAIRMAN. Are there any amendments to Sec. 11? Mr. FOX. I move it be adopted. Mr. CHAIRMAN. It is moved that Sec. 11 be adopted. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the section stands adopted, an action which I believe establishes the best elec- tion reform in the United States. Mr. FOX. I now move the adoption of the section I of- fered a while ago. Mr. CHAIRMAN. The gentleman's resolution will be read by the secretary. (Reading of Fox's resolution.) 'Mr. FOX. My object in offering this additional article to this article of the constitution is to further carry out the se- crecy of the ballot, and the governing of our elections. The 398 CONSTITUTIONAL CONVENTION. substance of it was introduced by Mr. Grant as a proposition for this constitution, and I don't believe in going half way, and letting the rest go. We have adopted laws so far good. My friend from Laramie, Mr. Morgan, said in his argument, that he could take his place at the polls and require voters to. .read the constitution, and that he could thereby debar and cut out a large number of voters at the close of the day. Now this proposition will prevent anything of that kind. The officers designated to take the registration can tell whether these parties can read the constitution or not, and none would be registered who cannot read. I think that is a proper arti- cle to be inserted in the constitution, and I don't think it needs any lengthy debate. I believe the members of this convention have their minds made up on this matter, and would like to see the clause inserted in our constitution. Mr. BTJRRITT. I was about to make a motion to amend the proposition so that it will read that the legislature shall provide, not that it shall provide at the first session. This might not be provided for or disposed of at the first session, and the succeeding legislatures might claim that it was not their duty to proAide for this, but that it was the duty of the first legislature. Mr. FOX. I don-t know about that. I don't think any per- son should vote until he has registered, and I think this should be provided for by the first legislature. Mr. POTTER.' I desire to add to this sectio of Mr. Fox's that "it shall not apply to the first election under this consti- tution." Mr. TESCHEMACHER. The reason the committee did 'not put in this section in the first place was they supposed that the other sections would necessarily imply that the leg- islature should and would pass a registration law, and I don't think it is wise to say that the first legislature shall pass such a law, for if they did not the other legislatures might claim that it was not their duty toi do it, and it is better to leave it open, and we can go ahead and hold our elections as usual un- til we do get such a law, and we can keep at it until we do get it. Mr. BURRITT. I move to strike out the word "first." Mr. TESCHEMACHER. Second the motion. Mr. CHAIRMAN. The question is on the motion of the gentleman from Johnson, Mr. Burritt, to strike out the words "at the first session thereof." Are you ready for the question ? Mr. MORGAN. I believe that 'if the first legislature does its word properly it will and should pass a registration law; it is one of the most important matters they will have to at- tend to, and it ought to be done at the very first session. I 'don't see -any possible objection to it on the ground that it PROCEEDINGS AND DEBATES. 399 Alight prevent an election. I don't think it could possibly do that. I think that the first legislature ought to pass this'reg- istration law; it would do more to purify our elections than : any thing else. Mr. TESCHEMACHER The gentleman evidently cannot understand my brogue. I don't know that I gave that as a reason why they should not do it. I said if the first legislature Tefused to pass that law then the other legislatures could claim that the first was the only session which had the right under "the constitution to pass such a law. Mr. MORGAN. I did not so understand it. Mr. CAMPBELL. I am thoroughly in favor of a registra- tion law and a good one, and I don't rise to make any amend- ment, but merely want to call attention to the language of that section. I don't think we want to pass a law which will prevent persons from voting who have the right to vote, simply because they are not registered. In Pennsylvania they "have a very good registration law, and it provides if for any good and sufficient reason any persons have failed to register they can vote by making affidavit at the polls on election day, certified to by one or two reliable witnesses. Now I am afraid under this amendment it would prohibit every person from voting except those fortunate enough to be registered. Persons may leave the territory, may be miles and miles from the registration place, so that it is impossible for them to reg- ister, and I think those persons should be given an opportunity to vote, if they can prove that it was impossible for them to register. Mr. GRANT. How would it do to say "on the day of elec- tion, or even the morning of election day." Mr. CAMPBELL. I would answer that I don't think that -a registration law is any account unless you compel them to register several days before election. Mr. FOX. My idea in presenting this was to compel the legislature to adopt such a law at their first session, and if in the opinion of the learned gentlemen here, if it was not done at that session it could not be done at any other session, I am willing that that part be stricken out of that resolution, and say that the legislature shall pass this law, so that if not pass- ed at the first it may be done at the others, but at the same time the resolution states that no person shall vote until they "have registered, and that it shall be the duty of the legislature under the laws of the state to enact such laws as will carry these provisions into effect, so it seems to me that it will nec- essarily be among the first things they do. However, I am wil- ling to amend the resolution. 4 00 CONSTITUTIONAL CONVENTION Mr. CHAIRMAN. The question is on the original motion to strike out the words relating to the first session of the leg- islature. Are you ready for the question? Mr. MOROAN. I most seriously object to that being stricken out. I think that is Ilie greatest thing they can do for this territory, and my experience is if the first legislature don't do it, we won't get any registration law at all. Mr. BROWN. I simply wish to say this. If you confine your language to the first session of the legislature, you are limiting their power. When you say the legislature shall carry this into effect, it not only imples that the first may pass such laws, but that every other legislature has the power, using the word first, pins it down to the first session, and the first session, only, just as much as if you used the words "the first, legislature only shall pass such laws." Mr. CHAIRMAN. Are you ready for the question? All in favor of the amendment to sarike out the words will say aye; contrary no. The ayes have it; the motion is earned, and the amendment is adopted. The question now recurs on the res- olution as amended. Are you ready for the question? All in favor of the resolution as amended will say aye; contrary no. The ayes have it; the motion is carried. This will stand as Sec. 12, and the latter part, providing that the legislature shall provide for the carrying out of the foregoing provision shall be Sec. 13, as it now stands. If a suggestion from the chair is permitted, the chair would suggest that it would be better to have this all stand as one 'section, and if there is no ob- jection it will be so ordered. Mr. POTTER. I certainly think there would not be a sin- gle voter qualified to vote for state officials under that section, unless we add "'this section shall not apply to the first election held under this constitution." You will find that in all the con- stitutions cf the riew r states. Mr. TESCHEMACHEB. Won't the schedule provide for that? The article that the first election shall be carried out under the territorial election law. That appears in nearly all of the schedules of the other states. Mr. SMITH. While I think that the provision in the schedule would cover all that is necessary, yet in order to ob- viate any doubt, I move that there be added to this section the words "this section shall not apply to the first election held under this constitution." Mr. POTTER. Second the motion. Mr. CHAIRMAN. Gentlemen you have heard the motion. Are you ready for the question? All in favor of the motion will sav aye; contrary no. The ayes have it; the motion is car- ried. I'UUCEEDINGS AND DEBATES. 4Ol Mr. TESCHEMACHER. I move when this committee ris- they report back to the convention that the report of Commit- !<<> Xo. 5, on elections and suffrage, be recommended for adop- tion as a part of this constitution. Mr. CHAIRMAN. You hove heard the motion, that when this committee rise they report back to the convention this file on suffrage with the recommendation that it do pass. Ar, by Mr. Reed, concerning Chinese labor. The secretary will read. (Reading of the file.) Mr. CAMPBELL. I move to amend the second section by striking out the word "suitable" and inserting the word "proper." Mr. CHAIRMAN. It is moved to strike out the word suitable and insert the word proper. Are you ready for the Question? Mr. HAY. Before I vote I would like to know the mean- ing of the words "public works." I would like to know wheth- er that refers to the territorial and county works, or whether in refers to any public corporation, such as a railroad or a coal -company. Mr. FOX. I should like to be informed too. Suppose the government of the United States should undertake to build a reservoir out here on the Laramie plains, at a cost of two million dollars, would this law govern the action of the United States? Can we legislate for the United States in this consti- tution? Mr. SMITH. You can't interfere with Uncle Sam. Mr. REED. The United States has already legislated upon the subject for themselves. Mr. RINER. There is one suggestion I would like to make. I aan in favor of this, but I can't see foil the life of me why a law of this kind should apply to a Chinaman and not to a Fin- lander. From my personal knowledge the Chinaman is the more intelligent of the two. I think the section should be made broad enough to include them all. Perhaps, as suggest- ed by Mr. Potter, the Chinaman can't vote and the Finlander can. But that does not make it just and right. Mr. REED. I have a substitute to offer for that as fol- lows : "No person not a citizen of the United States or who has not declared his intention to become such, shall be employed upon, or in connection with, any state, county or municipal Avorks or employment." "Sec. 2. The legislature shall, by appropriate legislation see that the provisions of the foregoing section are enforced." Mr. FOX. I have an amendment to offer to that, strike out the words "state, county or municipal" and insert "public." Public works will cover it all, and there is no getting around it. Mr. POTTER. There is one objection to this. It might pre- vent the working of convicts by the state. 406 CONSTITUTIONAL CONVENTION. Mr. CHAIRMAN. The question is on the amendment to- the amendment. Are you ready for the question? Mr. CAMPBELL. I fully agree with the object to be reach- ed by the proposed bill, and the amendment, but I think this goes too far, and I don't think the gentleman who introduced it, or the committee who proposed this would ask that this substitute be adopted if they could see the extent to which it are to determine whether they are citizens of the U. S. public works. This would be a fine roost for all the tramps in the country, they could come to Cheyenne, become vagrants, and you could not work them upon the streets,, because how are you to determine whether they are citizens of the U. S- Tramps are pretty sharp fellows as a rule, and don't want to work; they are put in the lock-up over night and tried and giv- en ten days and costs; they are put upon the streets to work out the costs. Suppose they say I am not a citizen of the Unit- ed States, this is unconstitutional, you cannot put me to work. What are you going to do about it? Mr. REED. In regards to the objection offered by my learn- ed colleague, Mr. Campbell, I will state that section is in the constitution of the state of Idaho. Some of these gentlemen around me say that this will be a hardship to the foreign cit- izen and all that. I would think if a man comes to this ter- ritory and wants to become one of us, to become a resident of the territory or state, and it is too much of a hardship for him to assume the duties of citizenship, the sooner that class of men leave the better for them and for everybody else, in the community. I am in favor of this substitute, and presented the original file on this question to this convention. Mr. POTTER. I am very much more in favor of the origi- nal report of the committee. I think we are getting into trouble. The question has been raised by one of the gentlemen near me with reference to working out a road tax. Under the laws in reference to this matter, a man has the right to either pay his money or work out his tax on the road, as he pleases; Now suppose a person was not a citizen and did not want to pay his money for his road tax, he might not be permitted to work it out on the public road under this. That might be the case. Again, the state has to work its convicts in some man- ner. I think that might be injured by this substitute. It seems labor element, and I think we will only get into trouble if we to me that we had better confine ourselves to the original ob- ject of this bill, which was introduced to strike at this Chinese attempt to fool with this matter much longer. Mr. CHAIRMAN. Any further remarks? The question is on the amendment offered by Mr. Fox. All in favor of the mo- PROCEEDINGS AND DEBATES. 407 tion will so signify by saying aye; contrary no. The noes have it; the motion is lost. The question is now on the substitute offered by Mr. Keed. Are you ready for the question ? Mr. SMITH. I move to amend by adding "except as a pun- ishment for crime after conviction according to law." Mr. CHAPLIN. Second the motion. Mr. CHAIRMAN. The question is on the amendment offer- ed by Mr. Smith. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the amendment is carried. The question is now on the substitute as amended. All in favor of the motion will say aye; contrary no. The chair is in doubt. All in favor of the amendment will rise and stand 22. Those opposed will rise 11. The ayes have it ; the substitute is adopted. Mr. REED. I move this committee now rise and report. Mr. CHAIRMAN. Gentlemen, you have heard the motion. Are you ready for the question ? All in favor of the motion will say aye; contrary no. The ayes have it; the committee will now arise. Mr. PRESIDENT. The convention will come to order. What is your pleasure, gentlemen ? (Reading of report of committee of the whole.) Mr. PRESIDENT. Gentlemen, will take the vote on the adoption of the entire report, or will you divide the same? Unless otherwise .ordered the vote will be upon the adoption of the report of the committee of the whole as toi File 68, on suffrage in regard to the adoption of the amendments, and if they shall be incorporated in the constitution. Are you ready for the question in so much as to the adoption of so much of the report? Mr. RINER. I move the report of the committee of the whole, as a whole, be adopted. I think we have all discussed these matters fully and are ready to vote upon it as a whole. Mr. PRESIDENT. The question is on the adoption of the report of the committee of the whole in entirety. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the report of the commit- tee of the whole stands adopted. Mr. POTTER. I move these matters be now referred to the committee on engrossment before final reading. Mr. PRESIDENT. The question is on the motion to en- gross. Are you ready for the question? As many as are of the opinion that the motion prevail will say aye; contrary no. The ayes have it; the motion prevails. All these matters reported back by the committee of the whole will now be referred to the committee on engrossment. 408 CONSTITUTIONAL CONVENTION. Mr. TESCEMACHER, I move that the president of this convention be requested to ask Senator Stewart to address this ((-mention at 7:30 o'clock this evening- if it suits his conven- ience. Mr. PRESIDENT. I will state that Senator Stewart has expressed a preference for the hour named by the gentleman from Laramie, to address this convention. Mr. CAMPBELL. I would amend the motion by adding that the president of this convention be requested to escort Senator Stewart to the hall this evening. Mr. PRESIDENT. The question is on the adoption of the motion as amended. All who are of the opinion that the mo- tion prevail will say aye; contrary no. The ayes have it; the motion prevails. Mr. JOHNSTON. I have arranged for the lighting of the hall tonight and subsequent nights this week, and ask the discharge of the committee. Mr. CHAIRMAN. Is there objection to the committee on lights for the present week being discharged? If not, by unani- mous consent, the committee is discharged. Mr. PRESTON. I move we take a recess until half past seven o'clock this evening. Mr. FOX. I move to amend that we take a recess until a quarter to two this afternoon. Mr. PRESIDENT. I don't know as a motion to take a re- cess is amendable, so the question will come first on the mo- tion to take a recess until 7:30 this evening. If passed in the affimative that will settle the question. I really think that this convention ought to go on with its work at least until 4 o'clock every day, we have almost finished the third week of our session and there is still a vast amount of work to be done. We are all anxious to go home, and there are two members present this week who will have to go home on Saturday, and others may go and we will soon be left without a quorum. The question is on the motion to take a recess until 7 :30 this even- ing. Are you ready for the question? All in favor of the mo- tion will say aye ; contrary no. The noes have it ; the motion is lost. The question is now on the motion to take a recess until a quarter to two o'clock this afternoon. All in favor of the mo- tion will say aye; contrary no. The ayes have it; the motion prevails. The convention will take a recess until a quarter of two o'clock this afternoon. AFTERNOON SESSION. Wednesday afternoon, Sept. 18th. Mr. PRESIDENT. Convention come to order. PROCEEDINGS AND DEBATES. 409 Mr. CAM I >I JELL. Inasmuch as there are not many here, as I don't smoke myself, I move that rule four be suspend- ed for the afternoon. Mr. PRESIDENT. It is moved that rule four be suspended for the afternoon. All in favor of the motion will say aye; contrary no. The ayes have it; rule four is suspended for the afternoon. Mr. "MORGAN. I now move that we go into committee of the whole for consideration of the general file. Mr. PRESIDENT. It is moved that we now go into com- mittee of the whole for consideration of the general file. All in favor of the motion will say aye; contrary no. The ayes Tiave it; the motion to go into committee of the whole pre- vails. The chair will call to the chair Mr. Holden of Uinta. Gentlemen we are now in committee of the whole, Mr. Hol- den in the chair. Mr. CHAIRMAN. The first thing for your consideration, gentlemen, is File No. GG. Mr. HARVEY. Was that not referred back to the com- mittee? As I remember it, it was so referred. Mr. BURRITT. The amendment of Mr. Campbell was pend- ing on File GG at the time the committee arose. Mr. BROWN. I think when the committee arose it re- ported back this file No. 66 to the committee to put it into shape, but as there seems to be some doubt about it, and as it would take a good deal of time to take up these various items in committee of the whole, I move that it be referred back to the committee, if it has not already been so referred. Mr. BURRITT. Second the motion. Mr. CHAIRMAN. Gentlemen, you have heard the motion that File 66 be referred back to the committee. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the motion prevails, and the file is so referred. The next file is File No. 76, reported by Committee No. 2, majority report. The secretary will read Sec. 1. (Reading of Sec. 1.) Mr. JONES. I move Sec. 1 be adopted. Mr. CHAIRMAN. It is moved that Sec. 1 be adopted. Are you ready for the question? All in favor of the motion will say aye ; contrary no. The ayes have it ; Sec. 1 stands adopted. Mr. MORGAN. The convention will notice that the com- mittee have adopted the name legislature, instead of legisla- tive assembly, for the state of Wyoming. (Reading of Sec. 2.) Mr. CHAIRMAN. Is there any objection to Sec. 2? If not Sec, 3 will be read. 410 CONSTITUTIONAL CONVENTION. (Reading of Sec. 3.) Mr. CAMPBEL. I move an amendment by striking out aE v of Sec. 3. Mr. BROWN. I rise to make a suggestion, which may meet with the approval of the mover of the last question, and that is that we pass that section for a time, and go through with the balance of the file over which there will be no discussion,, except perhaps a few details, and we can then come back to* this matter and settle it as we can. Mr. CAMPBELL. I insist upon niy motion; I believe in settling these things as we go along. Mr. MORGAN. As chairman of the committee I will ex- plain the number of members of the legislature. If we pass Sec. 3 we might as well fix that ,bef ore we go any further. Mr. CHAIRMAN. I would suggest that we take the vote upon the amendment as to whether Sec. 3 be stricken out. As I understand the motion of the gentleman from Laramie, Mr. Campbell, it was that he whole of Sec. 3 be stricken out. Are you ready for the question? Mr. MORGAN. I move the insertion of the minority re- port in lieu of Sec. 3 of the majority report. Mr. CHAIRMAN. The chair hears no second. Mr. POTTER. Second the motion. Mr. CHAIRMAN. Gentlemen, you have freard the motion that Sec. 3 of the majority report be stricken out and the mi- nority report inserted in lieu thereof. Are you ready for the question? Mr. POTTER. We have heard a great deal about this sen- ator question in the last few days. I have heard it stated that this question has already been arranged and provided for, and that there is no necessity for the expression of any opinion upon it. I don't believe, however, Mr. Chairman, that any member of this convention really on his conscience, has so full}' determined upon a line of conduct with reference to vot- ing upon any proposition which may be brought here to be in- corporated in our constitution, and has so fully determined upon that line of action that he would not permit himself to be convinced otherwise. I have listened very attentively today and yesterday to the remarks which have been made by vari- ous members upon this floor in eulogy of the territory of Wyo- ming, such remarks as this. That it will present to the people of the United States a constitution which will be more fair than any other state in this union, and will show the desire of the people of this territory for absolute justice and equality as toward all men and as toward all people within her bounda- ries, and I say to them this and I say it fearlessly, that the man, gentleman, who on his conscience has not learned that PROCEEDINGS AND DEBATES. 4 ir every man in a Democratic government, or a Republican gov- ernment has the same right to representation in halls of legis- lation as every other man, has yet to learn that the very foun- dation of democratic institutions, and that individual, Mr.. Chairman, had better reside under a monarchial form of gov- ernment or a despotic institution. The only argument I have heard advanced in favor of the one senator from each county has been that it is the organization of the senate of the Unit- ed States, and I say that no man who lias read the history of this government that has not learned that the formation of the senate of the United States has always been, was when or- ganized and is now, in direct conflict with democratic institu- tions, and there is not a writer or an authority who has writ- ten upon the subject, who has not expressed that idea, from De Tocqueville down to the present day. I say that it is the only argument I have heard advanced in favor of the report furnished us by a majority of this committee on legislative de- partment. But it seems to me when they present that argu- ment they forget that the relation of a county to a state, or the relation of a municipality to a state is not the same as the relation of a state to this government of the United States. What is a county what is a state? More particularly what what is a county in its relations to the state. Simply a medium by which a state conducts its business. The state cannot take up all the various details of government, of taxation, of the as- sessment and collection of taxes, of all the little matters that the citizens are interested in ; this power must be delegated to some one, so the state delegates some of its powers to the counties, and the machinery of the state is kept in motion by the organized counties of the state, not as independent parts- of the state, but subsidiary parts of the state in every respect. There is not a single thing that a county can do that is inde- pendent from control of the state. Xot one. There is not a single exception to that rule, whereas a state has certain pow- ers delegated to it which it exercises absolutely without in- terference from the United States. Now then, Mr. Chairman, I don't wish to be understood as speaking upon this question simply in reference to the people which the La ramie delegation represent, because there is not a man upon this floor but that at some time in the history of the state expects that many other portions of the state, of the proposed state, will at some time in the future have a greater number than this county, and I hope they will, but when I say that the learned gentle- man here, the honorable president of our university, got upon the floor the other day and said with all the vehemence of his nature that in forming a government we must form it upon perfect equality, I took it he was sincere; and when my friend 412 CONSTITUTIONAL CONVENTION. frem Fremont this morning, in relation to one matter, spoke here of the equality of all men, in arguing against this propo- sition of an educational qualification for suffrage, he was sin- cere, but, Mr. Chairman, if he votes for this one senator idea from each county, he challenges his own sincerity, because he cannot say upon his conscience that is equality for all men; because when he says it he knows if he voted today for sena- tors that I would be on no equal footing with him; he knows that, and my property would not be represented to the full extent that his is because I would not be represented in the halls of legislature as fairly and equiably as he is, and I ask any member of this body to point either today, or any time be- fore we close, to any proposition that I have voted upon in which I have challenged my own sincerity as to the equality of #11 men in our constitution, and if I have I will change my vote the moment it is shown to me. I don't care upon what propo- sition it is, nor when that occurs. But, Mr. Chairman, I speak upon this question in behalf of all the people, who will come to inhabit this territory in the future, or who live here at pres- ent, who will live here in case we become a state, and what I want is when the legislature meets in our capital, wlien it meets at the seat of government, wherever that may be, it shall meet as a body representing equally everyone, and not have a partial representation. They have asked us to make it easy, my friend from Converse, Mr. Harvey, says here we are far from the railroad, so we cannot get to the county seat, don't be hard on us, make it easy for us to make a new county ; that is true, I believe in making it easy for them, that we be just to them, give them all the privileges of citizenship that w r e can consistent with proper economy, but w^on't you be just also to the man who is unfortunate enough if this section passes, who lives in a country more populous? Now, Mr. Chairman, I think w r ith reference to this matter, it is a very important question, and it goes right to the foundations of the expressions of this convention regarding the equality of all men, and the rights of all humanity. We live under a Democratic or Kepublican form of government, which in its declaration of independence lias used those w r ords which were so truthfully expressed by Mr. Preston this morning that all men are created equal, and is it to be for the new state of Wyoming, represented by a body of men from all parts of the territory, to say that we will not abide by that declaration. The sentiment, the uniform sense of justice, of almost an unanimous body of American people has been ignored by this majority report. In Montana where they adopted that principle, many of us know why they did it, and I blush almost for shame for those people, who mere- ly for the purpose of keeping the capital temporarily, surren- PROCEEDINGS AND DEBATES. 413, dered that which their conscience dictated they ought not to surrender. I ask this convention to look at this matter not from a prejudiced point of view, not from a local point of view nt all, because we are not legislating for today, nor for tomor- row, but we are legislating for many years hence, w r e know not how many years. What we may deem local today may not be local ten years hence, what you may think with your partial ideas may be beneficial to your particular locality today, may not be beneficial ten years hence, and I think we ought to throw out of the question entirely all ideas of locality in this matter. I don't care on what basis the senatorial representation is made, so long as it is made with reference to the equality of every citizen in the state. It matters little to me, so that prin- ciple is sustained. Now, Mr. Chair-man, just a word more, and I ask pardon of the committee for having occupied this much of its time. A new county may be organized when they have people enough in that county; it may have the wealth to or- ganize a new county, one corporation might represent enough money to organize a new county. The population is a minor consideration, for under our constitution it only requires that a certain number shall be left in the old county; the taxable property is the main thing. Now if we keep that in our con- stitution and establish this provision one corporation might send to the senate a senator to represent its interests solely and absolutely, and if we establish this provision it will be a bid to corporations to do that very thing. It may sound ex- travagant to speak of one corporation having that much tax- able property in any one county, and being able~to control the county election, but it will not be impossible in some of the states by any means, so I hope, Mr. Chairman, that the mem- bers of this convention will not abide by the decision of the majority of this committee on legislative department, I hope they will see the injustice of such a proposition, and that the amendment of Mr. Morgan, or if another can be found wliich is; better that it may be submitted in place of Sec. 3. Mr. CHAIRMAN. Any further remarks upon the amend- ment ? Mr. TESCHEMACHER, Mr. Chairman. Mr. CHAIRMAN. The gentleman from Laramie, Mr. Teschemacher. Mr. TESCHEMACHER, I would just like to bring one subject before this convention, which I think will prove the those districts, or the representative districts may be separate report. It won't take me but a few minutes to explain. The section says: "Each county shall constitute a senatorial district, which shall be numbered from one consecutively ac- cording to the number of counties now existing or hereafter CONSTITUTIONAL CONVENTION. created, and one senator only shall be elected from each dis- trict." Now I suppose every member of this committee will acknowledge that in every properly constituted legislative body the legislative part, the house of representatives, should be the larger body, and the senate should be the smaller body. Under this proposition they have limited for all time the num- ber of the house of representatives to fifty. We have already provided that every two millions worth of property shall be able to constitute a new county. How many years do you sup- pose with our rapidly increasing mineral development and other development that we expect soon to make, how many years do you suppose it will be before we have fifty counties? 'The state of Colorado in 1876, when it was admitted as a state, already had twenty-five right then. I don't know now how many they have. The state of Kansas four or five hundred counties at present, and it is not nearly as large as the state of Wyoming, and if that report is adopted, within a very short period of time we shall have a senate of three hundred and a house of fifty. No other argument is necessary on the question. I have reduced it to an absurdity. Mr. PALMER. I Avould like to ask Mr. Potter a question. If the one senator plan is not adopted, upon what basis do jou propose to have your representation? Mr. POTTER. According to the numjber of inhabitants or Toters. Mr. TESCHEMACHER. I am opposed to that plan from the word go. I am opposed to it from the word go. Mr. POTTER. There is a proposition by Mr. Hay and also -also one by the minority committee. There is another method also often adopted in the states to divide the state into senato- rial districts and elect senators and representatives from those districts, or the representative districts may be separate and district from the senatorial districts, so that one district will only have but one senator; there might be more than one senator coming from any one county, different parts of the county. For instance, Laramie county, by the two senator plan, the county w r ould be divided into two districts, and each district would elect for its partic- ular section. Many of the states adopt that. Other states without dividing the counties, apportion to the county the number of senators to which it would be entitled if it had l>een divided. There are two methods but so far as I am person- ally concerned, it matters little to me which one is adopted, so long as we do it upon the number of persons in the county. Mr. PALMER. I would like to recall to Mr. Potter's at- tention the fact that this minority report says "inhabitants' 7 that the apportionment proposed by Mr. Hay the other day PROCEEDINGS AND DEBATES. was based on the votes cast at the last election; that would not be a fair apportionment for the reason that in the last elec- tion both candidates for delegate were residents of Laramie county, and consequently the personal feeling and personal knowledge brought out a larger vote in Laranaie county than in some of the other counties where the candidates were not so well known, so that the vote would not be a fair basis for ap- portionment. Mr. CHAIRMAN. Any further remarks? Mr. CAMPBELL. Mr. Chairman, I see this report is signed Jby H. S. Elliott, D. A. Preston and H, A. Coifeen. Now, I have .sat silently here and given to these persons who are in favor of this report a chance to give some reasons for this radical .change in representation. I think any person who signs his name to a paper ought to give his reasons therefor. But these -gentlemen sit silently here and seem to have counted noses and know how the vote w r ould be on this proposition. Mr. ELLIOTT. The gentleman was very indignant on yes- terday when the gentleman from Sheridan made some state- ment that he was perhaps not perfectly sincere in some propo- sition he was present ing, and he now gets up and says it looks as if we had this whole thing cut and dried, one of the most dishonest charges that can be brought against a man that I know of. I desire to state at this time that I have made no efforts and will make no efforts to know how this body stands in regard to this question, and I signed that report for what I considered good and sufficient reasons. Notwithstanding the reduction ad absurdum by the gentleman from Laramie, I must insist that there is yet a little sense, a little reason and .a little apparent justice in this proposition. My friend from Laramie, my friend who first spoke, spoke of those gentlemen who had eulogized the justice, the equality, the fairness of the people of this territory, he referred to those gentlemen who liad eulogized the intelligence of the people of this territory, the equality of all men upon a particular proposition in regard to the suffrage question, but I have not heard, nor do I expect to liear any gentleman upon this floor eulogize the tenth leg- islature of the territory of Wyoming. When a member of that legislature, one of the most able and capable men in that body goes upon the streets and states that upon no single question that came up did he vote upon its merits, I do not think, gen- tlemen, there is need to eulogize such a body as that. An at- tack has been made upon the organization of the senate of the United States it may be that it is open to attack, but in my opinion, and I believe in the opinion of a majority of the cit- izens of these United States that senate is one of the greatest safeguards of our liberty, and I take it, sir, that that system 41 6 CONSTITUTIONAL CONVENTION that our forefathers have laid down in that constitution is founded upon the experience of ages, and the fact that this republic has been able to go through what it has gone through and still maintain its existence, its position and influence, is one of the greatest and strongest arguments for the propriety of each and every branch, of the method of organization, of every principle of that government, as established by our fore- fathers. The fact has been referred to that this method or representation proposed is analogous to that of the United Slates senate, that it should not be carried out in reference to the representation in the senate of the United States. I take it to be, Mr. President, that if we have found that the senate of the United States has been a check upon the popular will at a time when the popular will should be checked, then, sir, it is well worthy of our emulation. My friend has spoken of a government 011 equality. That is just what we are after. I hold that each and every county of this territory, within its certain bounds, and within its certain powers as laid down in this constitution, is a little independent sovereignty, and the fact, sir, that the little counties of this territory, have time and time again been preyed upon by the larger counties, and' that they have been made to pay tribute without beirg al- lowed a proper voice is sufficient indication that the govern- ment as it has been heretofore has not been one of equality. In regard to the question spoken of by my friend, Mr. Tesche- macher, as to the number of representatives, I say that is a minor matter. I agree with him we should keep the senate the smaller body, and that can be easily arranged. For myself I was not fully in favor of the fifty limit, put on the house of representatives. I was in favor rather of seventy-five, or even a greater number, but yielded to the sense of the committee on- that point in signing the report. A word, sir, as to the ques- tion raised by Mr. Campbell, as to the members by whom that report was signed. That report was agreed to by every mem- ber of the committee except the gentleman from Converse, and the chairman, the other members of the committee were not present when the report was signed, and for that reason their names' do not appear. The great object of this proposi- tion to have one senator from each county is this. We are throwing round our legislature every possible safeguard that we can devise to prevent them from being controlled by local prejudices, to prevent them being controlled by the great corporate interests, and the history of legislation has been that where the two houses are organized on the same basis, the smaller has been unable to control the larger. That, sir, is the principle we want to effect, and, sir, we wish to fix it so that no measure can be carried through unless that meas- PUOCEED1NGS AND DEBATES. 417 ure is of. such general benefit as will recommend itself to the majority ojt* the representatives of all the counties before it can become a law. These, sir, I may state are the influences which have led me to sign that report. Mr. TESCHEMACHER. As a member of the engrossing committee I was obliged to leave the room, and did not hear how the gentleman got around my question about keeping the senate the smaller body. Mr. ELLIOTT. I said that I myself am in favor of a larger number for the house of representatives, and think that mat- ter can be easily arranged. Mr. MORGAN. Uuless some gentleman who is opposed to this minority report desires to speak, as the mover of the amendment I would like to say a few words. I regret exceed- ingly that I am compelled to differ from a majority of the com- mittee over whose deliberations I have the honor to preside, the more so as I am well satisfied that they have no superiors in ability in this convention, and are moved by conscientious scruples in signing this report. I hope and trust in the dis- cussion of a question Hive this that county lines will not enter into the discussion of it at all. If I lived in the smallest coun- ty I would advocate this minority report, and I believed that if these gentlemen lived in the largest county they would ad- vocate this majority report. Now this government is founded upon a certain principle; a government where every man is equal and independent. But when we come to act practical- ly upon that, it was found that pure democracy would not be possible. In other words, a mass of people living together un- der one general government, it would be impossible for each man to individually take an active part in the government; but with that idea still in view, that each one should have the same power, should have the same voice in making the laws, we adopted a representative form of government. Now, I should like to know why jbecause I send a representative that I should have less power in the enactment of laws that if under the original idea we should meet in mass convention? Now it seems to me that I ought to have as much right in the forma- tion, enactment of laws for the government as the man Avho lives in a smaller county. Just as much, and just no more. Now each state is an independent sovereignty, and do not bear the same relation to the general government as that of coun- ties to the state at all. If the United States senate had not been organized as it was, it would have been impossible to have formed this union, because the smaller states were afraid of the larger. Now all parts of these United States are under that constitution, and the constitution that we will make is simply to preserve certain rights of the people and to lay down 27 41 8 CONSTITUTIONAL CONVENTION. the powers of our legislatures. Now, as a matter of. right, is it right that the state of Nevada with a population of thirty thousand should have equal power to defeat some bill that the house of representatives is in favor of, to defeat some bill that should have the power and the right to kill this measure in the senate, when the state of New York with a population of four million has but he same power. That is not the right system of representation, that is not carrying out the true idea of all having an equal voice in making the laws of our government. Mr. HARVEY. I should not have said anything on this subject at all, had not the gentleman from Laramie singled me out in his speech and stated that I would be inconsistent if 1 voted for the report of this committee. If I can be satisfied that I would be inconsistent I should not vote for this report, but I cannot be so convinced ; I have not been thus far at least. I have examined this matter very carefully, trying to get at the justice of the thing, and I must say that I must vote for the report of this committee, because I believe that this theory, the idea advanced here, is sound theoretically and sound practically. Now, the gentleman says that this is not the American idea, I say it is. The only source from which I am to derive what the American idea is, is the form adopted by our forefathers, and they adopted precisely this idea, and pub- lished it to the world as the American idea. Now, I say, gen- tlemen that if you have two houses based upon the same rule of apportionment you make no distinction, the only excuse in the world for having two houses is that one should be a check upon the other, because it is absolutely necessary to restrain the majority. I say, gentlemen, that this is the American idea. The minority has some rights that must be protected, and I am prepared to stand by that doctrine in this constitution. If any gentleman can convince me, can give me any good reason, why I should depart from this principle I would be very glad to learn it. I have been here long enough to convince me that a Wyoming majority is no better than any other majority. Mr. PRESTON. When the convention went into commit- tee of the whole for the consideration of this question I did not intend to make any remarks, and I w r ould not have made any had it not been for my friends from Laramie, all of whom I like very jnuch. In the poetical language I heard last evening they are all jolly good fellows, but they have some ways which I don't appreciate, and one of these ways is the manner in which they propose to establish a state senate for the state of Wyoming. Now, the best argument that can be advanced to this convention is ilic abuses of the legislatures in the past. That certainly is argument enough in favor of a representation in the upper house from each county, in order that it may be a check; that the upper house may hold the lower house in PROCEEDINGS AND DEBATES. hand, that the people of Wyoming may hold the lower house iu (.-heck. It is true that I am not an old citizen of Wyoming, in the language of those who reside in Wyoming, I am a ten- derfoot, but I am here in this convention representing old tim- ers, men who have lived in this territory from the time it was created, and as their representative I came to this convention and I signed this report because it is in accordance with then* wishes. I have put my name to that report and I will stick to it until I am black in the face, unless some of the intelligent gentlemen from La ramie county are able to convince me that I am wrong. My friend, Mr. Potter, says this question arose in Montana, and that they put in their constitution a clause that provided that each county should have one representative in the senate for the reason that they were afraid that the cap- ital of Montana would be moved ; I might say on the other haud that the position taken by Mr. Potter and by the gentleman from Laramie is upon the same principle, that they are afraid the capital of Wyoming will be moved away from Cheyenne. Now it is true I said this morning in the argument of this ques- tion as to whether a man should be educated in order to vote, I said that all men were created equal. It is true we come before this question with the same proposition that all counties so far as the senate is concerned, shall be made equal, and have an equal voice on that floor. There were no noses counted to see how this question would terminate, I simply was try- ing to run a bluff on my friend Campbell here, and they have had several small boys out to. round up the absent delegates from Laramie county; there is no uproar in any other county. Now I do not desire to say anything further on this question, for I believe that every one in this convention understands the position that the majority of this committee have taken upon this. It was not a question which was passed hurridly by, not a question determined on in a moment's notice, but one taken into consideration by this committee for several days. It was fully and carefully discussed, and out of all the coun- ties that were represented in that committee our friend Mor- gan was the only one that found fault with the representa- tion. As I said I am sure that every member of this conven- tion understands the question fully, and I don't believe that there is one thing that can be urged for or against this ques- tion, which, they have not already considered. And now in con- clusion I want to say that while although the representatives of Fremont county ask and appeal to you for a fair consider- ation of this question, that while although we are a small coun- ty today, we do not ask that this representation shall be one from each county, because Laramie county today exceeds us in population, for I want to say to you gentlemen of the con- vention that this county of Fremont, while today it has no 4 20 CONSTITUTIONAL CONVENTION. railroad, while todny it is one of the least known in the terri- tory, is one that will some day in some future time cut an im- portant, figure in the state of Wyoming. It is a county, gentle- men of the convention, whose hidden treasures, when develop- ed, will equal those of the great state of Pennsylvania, and the great mines of Colorado. A county with soil as rich as any county in the territory, and the only county, gentlemen of the conventions whose soil is rich enough to produce corn, the stalks of which can be utilized for the building of corrals, and I ask at your hands a fair consideration of this question, and give us an equal voice on the floor of the senate with Laramie county, and Albany county, and Carbon county, or any other county in the state of Wyoming. Mr. CHAIRMAN. Any further remarks? Mr. TESCHEMACHER. Mr. Chairman. Mr. CHAIRMAN. The gentleman from Laramie, Mr. Teschemacher. Mr. TESCHEMACHER, I have spoken on this subject, and if any one else care to speak I will yield. I have not yet heard any one answer the question of what would be the re- sult of the adoption of the majority report, of Sec. 3, when the counties increase as they will, and very rapidly, how we are to cut down this infernal senate. This senate is going to be larger and larger every election, and that, it seems to me, is the one question that ought to be answered right away. We have ten counties already today, and my friend, Mr. Coffeen, from Sheridan, tells us that there is a part of ^heridan county that wants to become a new county, and I think very soon there will be a certain part of Laramie county that will want to become another county. I don't come from Cheyenne, I come from Uva, and I don't think it will be many years before the nothern part of Laramie county will wish to be some other county, Teschemacher county perhaps, and so it will go on and on and each recurring legislature we shall have an increasing senate, until as I have before said, the senate will outstrip the house, because the majority report here says that the house shall be limited to fifty. Now will some member on the other side tell me what w r e are going to do when that state of affairs comes about. MY. CHAIRMAN. Any further remarks? Mr. COFFEEN. Mr. Chairman. Mr. CHAIRMAN. The gentleman from Sheridan, Mr. Cof- feen. Mr. COFFEEN. I wish to discuss this question for a few moments and I wish to take up the point made by the last speaker. I wish to say, however, before I begin, that in every- thing I have said, and everything I have done here, I have as- sumed that every other member is honest and fair in his con- PROCEEDINGS AND DEBATES. 42I victions, and I ask that the same consideration shall be extend- ed to me, and I would apply that principle so far as to Kay that I beg no one be allowed to assume that fairness and Justice is on his side alone. The first gentleman who spoke on the op- ening of this debate took the position of assuming that there was no ground for this report if founded on justice. Se we start with a fair assumption so far as I am concerned, and everyone I believe who addresses himself to this question will address himself conscientiously; I am free to admit that I be- lieve all Avill do so. True we are all more or less unconsciously influenced by our surroundings. With that preface, taking up the argument of the gentleman w r ho preceded me, he has raised this question: Will there not be so many counties organized that the senate w T ill become too large. I w r ish "to take his sug- gestion and answer another gentleman from another county who is fearing that it will be too small, and call attention to the fact that according to those who support this measure of the gentleman from Laramie that it is liable to be too large instead of too small, and I pit one of these arguments against the other. For myself I believe there will be some new coun- ties organized, ;which will give us a reasonable body for a sen- ate. We start out with a rather smaller number than I should prefer, but the principle which I wish very much should be se- cured is that every county should have an equal right and pow- r in the future legislatures of this country. Mr. PALMER. It seems to me that the great democratic principle is that the majority should rule, and that a man whether he resides in the county of Laramie or the county of Sheridan should have the same right to vote. Under that ratio and apportionment a man in Laramie or a man in Sweetwa- ter county would have just a1>out half a vote, and a man up in Sheridan would have a full vote. It is a democratic princi- ple, and I am sorry to see that Democratic members of this convention will vote for a proposition whereby a portion of the people will be disfranchised. It is not fair or just to the peo- ple of Sweetwater county, with an assessed valuation of three million dollars, that she should send but one senator to the senate of the state, and that Sheridan with less than one and a quarter million should have an equal power in fixing the rate of taxation. The delegation from Sweetwater county in this convention are placed in a very embarrassing position, under either system, they w r ill only get one senator. We will AXTER. I would like to call attention to one wora in Sec. 3. It seems to me that the word "polls" should be used instead of the word "electons." Mr. PRESIDENT. Does the gentleman make a motion to amend ? Mr. BAXTER. Yes, I will move that the word "elections" in the second line of Sec. 3 be stricken out and the word "polls'^ substituted. Mr. PRESIDENT. It is moved to amend by striking out the word "elections" in the second line of Sec. 3, and inserting in lieu thereof the word "polls." Are you ready for the ques- tion? All in favor of the amendment proposed by the gentle- man from La ramie, Mr. Baxter, will say aye; contrary no. The noes have it; the motion to amend is lost. Sec. 4 will be read. (Reading of Sec. 4.) Any amendments to Sec. 4? The chair hears none; Sec. 5 will be read. (Reading of Sec. 5.) .Mr. CLARK. I move to amend Sec. 5 by adding to the section "or shall have legally declared within this state his intention to become such, at least one year prior to the elec- tion at which said elector seeks to cast his vote." Mr. PRESIDENT. Will the gentleman present his amend- ment in writing? While waiting for the amendment suggested to Sec. 5 we will pass on to the consideration of other sec- tions. (Reading of Sec. 6.) No objection to Sec. 6; Sec. 7 will be read. (Reading of Sec. 7.) 43 CONSTITUTIONAL CONVENTION. Xo amendments to Sec. 8; Sec. 9 will be read. (Reading 1 of Sec. 9.) Mr. CLARK. I move you, Mr. Chairman, that Sec. 9 be stricken out. Mr. CAMPBELL. Second the motion. Mr. PRESIDENT. It is moved and seconded that Sec. 9 be stricken from the bill. Are you ready for the question? Mr. CLARK. Unfortunately, perhaps, for myself, and fort- unately for the convention, I was absent when this matter was discussed, and probably the views I have on the subject are substantially those that were stated by gentlemen who feel the same as I do in regard to the wisdom, and in regard to the justice of inserting an educational test as a qualification for an elector. In speaking of this with some gentlemen of the convention, I am met by the argument that the educational test is nothing, it does not apply until 1894; that it shall not apply until every voter in the territory shall have had an opportunity to acquire the necessary education, if when you use the term education you mean such as will enable him to read the constitution of the state. I take the ground, Mr. Pres- ident, that in making our qualifications for voters, we should make no educational qualifications, and the ability to read the constitution oi' the state or the constitution of the United States, I take it is purely an educational qualification. The only qualificaton I believe in, that I think we ought to have, is such a qualification as goes to the -manhood of the voter. I myself cannot go into my county, and I am sure that the gentlemen from Sweetwater cannot go into their county, I am speaking from personal experience and observation, and 1 believe other gentlemen could not go into their counties and present to the people for their adoption a constitution that would virtually disenfranchise citizens who have been voting for twenty years, and citizens counted among the best in their counties. Mr. TESCHEMACHER. Before he goes any further, I would ask him to read the next section of the bill. Mr. CLARK. I have noticed and shall speak of the clause which says this shall not apply to present citizens of the ter- ritory of Wyoming. The man I will mention now, I mention simply by way of argument. I would ask the gentlemen if they can go before their people and ask for the adoption of a constitution that would prevent Phillip Mass voting in the state elections? If it prevented Philip Mass from voting it pre- vents other men of equal ability, of equal natural education, of an education higher than the education of schools if he comes in thisjvear or next year, or the year after. I take it upon the ground that the highest and best knowledge is not gauged by a man's ability to read a particular document, and as I said at '.the beginning we should gauge qualification not by his ability to PROCEEDINGS AND DEBATES. 431 read or write, but we should gauge it by the worth of the man, or the worth of the woman, who seeks to exercise the elective franchise. This clause prevents a man who has made himself known in a community, and is possessed of all that knowledge that goes to make up a good man, this prevents him from cast- ing his ballot, while by his side is a man who is learned in all the knowledge of the schools, who can write your name as well as you can write it yourself, and is very apt to write your name as well as you can write it and without your knowledge and consent, it gives him the right to vote but disfranchises th? man wno nas that higher and better education and worth. I am opposed now and always to any limit of this kind upon the elective franchise. Mr. HOPKINS. I should like to ask Mr. Clark how many this would disfranchise besides these honest people? Mr. CLARK. I believe it would, if carried out to the letter, disenfranchise three-fourths of the members of this convention. This perhaps needs a little explanation. If it had been the con- stitution of the United States I would have said disenfranchis- ed every man, that is, read the constitution to know what it means, except two or three who have been able to read it af- ter years of study and knowledge gained in the reading of it, I believe three-fourths at least of the members of this conven- tion would not be able to read the constitution of the United States in the broadest sense of the term. Mr. CAMPBELL. I call for the ayes and nays on this amend- ment. Mr. PRESli )KNT. The question is on the striking out of File 68. Sec. 9. The ayes arid nof-s are called for. Is there objection to the vote being taken by the ayes and noes? The chair hears none. So many as are of the opinion that Sec. 9 be stricken out of File 68 will say aye as their names are called; contrary no. The secretary will call the roll. Mr. BAXTER. I wish to say in explaining my vote on this particular section, up to this time there is no provision in the "bill by which citizens of the territory at the time of the adop- tion of the constitution shall be exempted from the provisions of Sec. 9. With the understanding that such a section will be adopted, and that no citizen of the territory at the time of the adoption of the constitution will be effected I should vote aye. Mr. PRESIDENT. The convention cannot inform the gen- tlemen only on the amendment to strike out. The gentleman has the right to explain, but having made his explanation, his vote is demanded. __. Mr. BAXTER. With that explanation I vote no. Mr. HOLDEN. I desire to say this. That taking into con- sideration the fact that there are a few citizens now resident in 432 CONSTITUTIONAL CONVENTION. this territory or who are likely to become citizens of this terri- tory, Avho will be just exactly in the condition of the gentleman named by my colleague, Mr. Clark, yet feeling that if I \vas in. the same condition as Mr. Mass referred to, possessing his intel- ligence, which I very much doubt, niy being in possession of that amount of intelligence, and realizing that my vote, if I were permitted to enjoy it, Avas liable to be counteracted by the votes of thousands of the ignorant horde, I would stand back with my hands folded in order that the greatest good to the men- and women who have helped to make this territory a great com- monwealth, might be accomplished, and for that reason I would vote no. Mr. BAXTER. My friend here on the right discovered I was in confusion before I did myself, and to make myself clear I want to say this. In the absence of any provision adopted at this time exempting citizens who are here now, I am unwilling to put this in the constitution, and I find that I did not under- stand the way the question was put. I meant to vote aye. Mr. PRESIDENT. The gentleman from Laramie, Mr. Bax- ter, desires to change his vote from no to aye. Is there objec- tion? The record will show that Mr. Baxter voted aye. Gentlemen, the vote on the proposed amendment is as fol- lows : Ayes, 15; noes, 26. The amendment is lost. The secretary will read the next section . (Reading of Sec. 10.) Mr. RINER, In order to be consistent I move to strike out Sec. 10. Mr. PRESIDENT. The gentleman from Laramie, Mr. Rineiy moves to strike out Sec. 10. Is there a second to the motion ? Mr. CAMPBELL. Second the motion. Mr. PRESIDENT. The question is on the amendment to File 68, to strike out Sec. 10 as read. Are you ready for the question. Mr. COFFEEN. I don't desire to occupy the time and only wish to say that as we have one section now consistency de- mands of those who favored the other section that w T e also re- tain this section. I shall therefore sustain this section. Mr. RINER. I don't care to discuss the proposition at length, and I don't know that I am especially opposed to an ed- ucational qualification for the right of suffrage. However if we are to have any such qualification let us have it. Now there arc in this territory today and will be at the adoption of the con- stitution at least a thousand or fifteen hundred votes that will be cast for the adoption of this constitution, who are unable to read this constitution, and why if you are going to have an edu- cational qualification for the right of suffrage, why except these? If it is necessary that a man or woman must read this PROCEEDINGS AND DEBATES. 433 constitution in order that lie may enjoy his rights as a citizen of the United Stales, I ask in the name of reason why should that prohibition nol apply to those who are already in that con- dition? I cannot for the life of me see why that should be any reason, that simply because a man at the adoption of ihis constitution happens to be located within the territory of Wyoming, if he is unable to read the constitution, why he should enjoy the right, while the man who comes in here after the day of election shall not. I say the thing is inconsistent a.nd unreasonable. If we are to have an educational qualifi- cation to exercise the right of suffrage, let us have it, and have it now, and make it apply to everybody who at the adoption of this constitution is unable to read the constitution. Mr. HOYT. I can answer the gentleman in just a word. The reason the provision does not apply to those now in the territory is because they came here when there was no restric- tion, they have acquired property here, and this right is in the nature of a vested right, with them, so it would not be right to- take it from them. Mr. RINER. I say there can be no vested right in the right of suffrage. Mr. HOYT. I said in the nature of a vested right. Mr. RINER. Let us have a qualification pure and simple, and have it now if we have it at all. For myself I cannot see the difference, and can see no reason why it should not apply to the man already here, and shall apply to the man who comes here later on. I apprehend there is another question, which if the truth was known, lies at the foundation of this section, w r hen you submit your constitution to the people you are giving to fifteen hundred people who cannot, read and write the right to vote, and say that the fifteen hundred who come later on shall not have the right to vote. Is there anything in- consistent in that? I say there is most certainly. It is for the purpose of allowing fifteen hundred men, and I don't think that I have it too high, who are unable to read, to say we adopt this constitution, and we cut off the right of suffrage from those who come hereafter in the same condition that we are. I say if we are going to have an educational qualification let us have it and ha.ve it now, and let. those who are able to read say whether or not we shall deprive those unable to read of the right of suffrage, and not let fifteen hundred men who are un- a.ble to read say that fifteen hundred other men shall not have the same privilege. The purpose of the section is to help se- cure the adoption of the constitution, and I say it is unfair. Mr. PRESTON. The only reason I see for the adoption of this section is that it is a kind of electioneering scheme to catch the fifteen hundred votes here now who cannot read. For tnat reason I am opposed to it. 28 434 CONSTITUTIONAL CONVENTION. Mr. MORGAN. I voted to strike out Sec. 9 because I did not believe in, nor want to have a qualification of tliat kind. I shall favor Sec. 10 as read because I shall get a little of what I want by this. Mr. CAMPBELL. I stand in about the same position as Mr. Morgan. I believe in taking one-half if you cannot get the whole, so I will vote against striking out that section. Mr. TESCHEMACHER, I will rise to deny that this is an electioneering scheme, it is an historical scheme, and dates away back to a time when electioneering methods as we know them now in various parts of the territory, were never thought of. This very same provision goes back to the adoption of the constitution of the state of Maryland, adopted in the year 1820, in the good old days when our fathers were perfectly hon- est. The same thing appears in the constitution of Connecti- cut, which was adopted in 1855, that was also: a few days be- fore the Republican party was founded, and before all these new and various methods were discovered. Mr. CLARK. Do you endorse the constitution of Connec- ticut? Mr. TESOHEMACHER. I have never read it, Mr. CLARK. You don't want to. Mr. TESCHEMACHER, I won't go into any more histori- cal questions except to say that it is a well known fact that w r henever the suffrage has been granted, whether as a privi- lege or a vested right, I don't care what you call it, that privi- ledgs has never been taken away. The Republican party granted that privilege to a great many people that were ig- norant so far as reading and writing were concerned, and the Republican party has seen where they made a mistake. Mis- take or not it has never been taken away, and nev- er will be taken away, and the same defense has been made on this very floor in regard. to the female suf- frage question that it having been once granted to them we de not propose to take it away. The suffrage once granted is never taken away, and that is the reason this clause stands in this article as reported by the committee. Not only do we al- low all men who cannot read, but are at present electors in this territory, to vote on this constitution, and to vote in this state, but we have provided further that only American citi- zens shall vote in this state; that nobody for the next five years shall be deprived of that right, where he has declared his in- tention to become a citizen, the present law giving a man who has declared his intention the right of suffrage, this gives him five years to qualify. I think on the face of it any such restric- tion is not an electioneering scheme. Mr. BARROW. I don't pretend to know anything about the question, but I agree with Mr. Preston, this is nothing but PROCEEDINGS AND DEBATES. 435 $in electioneering scheme, I believe the object is to get the ap- proval of the constitution from the thousand voters we have with us now who are unable to read or write, but as I believe it is a good electioneering scheme I shall vote for the section. Mr. SMITH. It is unnecessary to enter into any argument upon this proposition, it has been gone over before, and I think the members understand it. I just want to say this about the fifteen hundred people who cannot read this constitution. It has been referred to as a political scheme, the persons who have been referred to is just the element that we complain of in Carbon, Sweetwater and Uinta counties. Now for these people I will say that the percentage who cannot read is no greater than among lots of others, they cannot read it in the English language, but if you put it in their language they can . read it as well as we can, so it don't injure them at all so far as their qualifications are concerned, and they will vote just as well as other people will. Mr. CHAIRMAN. Are you ready for the question? The question is on the motion to strike out Sec. 10. Mr. CLARK. I ask that the section proposed to be stricken out be read before the vote is taken. Mr. PRESIDENT. If there is no objection the section will be read. (Reading of Sec. 10.) The question is on striking out Sec. 10 as read. So many as are of the opinion that Sec. 10 be stricken out. Mr. CAMPBEL. I call for the ayes and noes. Mr. PRESIDENT. The gentleman calls for the ayes and noes. Mr. PRESTON. As a matter of information I would like to ask whether the constitution can be translated by signs. Mr. PRESIDENT. The gentleman is out of order. Is there objection to the ayes imd noes being taken? The chair hears none. The ayes and noes will be taken by unanimous consent. The question is on striking out Sec. 10 of File 68 as read. So many as are of the opinion that the section should be stricken out will say aye as their names are called; those of the oppo- site opinion will say no. The secretary call the roll. Roll call. Mr. MORGAN. Before the vote is announced I think it is right first to have the list read over, to see if there is any mis- take. Mr. PRESIDENT. Is it the desire of the convention to have the call read, showing the vote of each member before the re- sult is announced? It will be read tomorrow in the journal. Mr. MORGAN. If so, then I don't think it necessary to have it read now. My idea was simply to have any mistakes cor- rected- 43 6 CONSTITUTIONAL CONVENTION. Mr. PRESIDENT. The chair asks is there objection to the roll being read? Mr. REED. As the vote has been once taken, I don't see any reason for going over it again; it seems to me that is is only taking up time. Mr. PRESIDENT. The vote will be announced. Gentle- men, the vote on the motion to strike out is as follows : Ayes, 5; noes, 3(>. The motion to strike out is lost, The secretary will read the next section. (Reading of Sec. 11.) The chair hears no amendment suggested to Sec. 11. Is there any? Mr. CAMPBELL. I would like to ask if there is anything in this election report which provides that the ballots shall all be printed on the same kind of paper. Inasmuch as I have not got a copy of the supplementary report, I don't know what is in it. x Mr. COFFEEN. As the author of that section I wilJ say tha't there is none that they should ba on the same kind of pa- per and on the same size of paper. I thought we could safely trust that to the legislature, but if the convention thinks it is not safe we can of course put it in. Mr. PRESIDENT. The chair hears no amendment offered to Sec. 11. The secretary will read Sec. 12. ( Reading of Sec. 12.) Mr. PRESIDENT. Is there any objection to Sec. 12? The chair hears none. The section stands approved as read. Mr. CLARK. I now wish to present my amendment to Sec. 5. Mr. PRESIDENT. The secretary will read the amendment proposed by the gentleman from Uinta, Mr. Clark. SECRETARY. To amend Sec. 5 by adding to the section "or shall have legaly declared within this state his inten- tion to become 'such at least one year prior to the election at which said elector seeks to cast his vote." Mr. HOPKINS. I think this section is a contradiction of one already passed, not in the printed bill, but one of the other sections. Mr. PRESIDENT. The question is upon the amendment as offered by Mr. Clark, of Uinta. All in favor of the amend- ment will say aye; contrary no. The noes have it; the amend- ment is lost. Any other amendments to be offered to the bill? I would call attention of the members to the last clause or sentence in Sec. 9, "this section shall not take effect until July 1st, 1894." It seems to me that Sec. 10, "Nothing herein contained shall be construed to deprive any person of the right to vote, who has such right at the time of the adoption PROCEEDINGS AND DEBATES. 437 of this constitution," leaves that matter entirely safe. It adds no force or effect to the bill, and it seems to me it might as -well be stricken out. Mr. CAMPBELL. I suppose the idea was to give the peo- ple who can't read the constitution of Wyoming until 1891 to study. Mr. HOLDEN. It seems to me that the last line of Sec. 9, ought to be stricken out, and for that reason I move we strike out that provision which says it shall not take effect until 1894. Mr. PRESIDENT. The motion is to strike #ut the last sentence of Sec. 9, Are you ready for. the question? Mr. HOLDEN. It seems to me that the right of all electors now residing in this territory are amply secured under other provisions, and I think we might as well hang this notice out at the present time, and declare in emphatic terms that we don't want any more of these ignorant people, and if they come they must be subject to this provision; I think we ought to strike that provision out. Mr. HOYT. I simply want to call attention to the differ- ence in the kind of qualification. Sec. 5 relates to citizensliip. Sec. 9 refers to the educational qualification; relates to their ability to read. Now I am in favor of its 1 applying to the ed- ucational qualification, that they might have time to qualify, to learn to read, but on the other side it seems to me that the same necessity does not exist, but in order to make the two sections consistent, it seems to me that it might be well to be- gin Sec. 5 with the words "After July 1st, 1894," so that there will be no question about it. Mr. SMITH. I just want to call attention to this. In Sec. 10 we say after five years none but citizens shall have the right to vote, and if you strike out this clause under the motion of the gentleman from Uinta, why you put the educational quali- fication in effect immediately, and I don't think it ought to be immediately. The five year limit in the other clause refers to the citizen qualification, and not to the educational qualifica- tion at all. Mr. PRESIDENT. The question is on the motion to strike out the latter part of Sec. 9, "This section shall not take effect until July 1st, 1894." All in favor of the motion will say aye; contrary no. The chair is in doubt. Those in favor of striking out will rise and stand until counted 19. Those opposed will, rise 18. The motion to strike out prevails. Any further amendments to be offered to File 68? Is there objection to the file being placed upon its final passage? The chair hears none. File 6S will now be finally read and put upon its 'Inal passage. 438 CONSTITUTIONAL CONVENTION. If the convention desires to further amend before final reading,, it can be so amended. The file is still before the house for- amendment. Mr. SMITH. I move that Sec. 9 as amended be stricken out. I make this motion for the purpose of getting on the record that Hie s( risking out of the latter olanse puts the educational qualification in force at once, and I object to that. Mr. TESCHEMA.CHER. I rise to a point of order. That amendment has already been made to the bill and decided in the negative. The same amendment cannot be made twice. Mr. SMITH. The section has since been amended. Mr. PRESIDENT. The point of order is not well taken. It is moved that Sec. 9 as amended be stricken out. Are you ready for the question? Mr. SMITH. I just wish cimply to state my reason for it. As that section stands the educational qualification Avill im- mediately go into effect, I take it you cannot get any other construction out of it. With that clause stricken out your edu- cational qualification goes into effect on the adoption of this constitution, because the next clause refers to a different mat- ter entirely. Mr. HARVEY. I voted in favor of striking out, I think the section as amended works an injustice to the people who are already here. Mr. PRESIDENT. Gentlemen, I think my learned friend from Converse w T as never worse mistaken than when he says that this in any wise affects the substance of this bill as it was originally presented, and before amendment. Sec. 9 reads "No- person shall have the right to vote who shall not be able to read the constitution of this state." The provisions of this sec- tion shall not apply to any person prevented by physical disa- bility from complying with its requirements. Sec. 10 says: "Nothing herein contained 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 re- strictions of Sec. of this article." And it don't matter if this constitution goes into effect at once, it does not disqualify any man that cannot read, and no such construction can be reasonably put upon the constitution if this goes into it. The first part of Sec. 10 settles the whole question as to every man now in Wyoming, or in Wyoming at the time of the adop- tion of the constitution. The only effect that this clause could possibly have would be to suspend the operation of this clause as to a man coming into the state between the time of the adop- tion of the constitution and the time named in the section, and it can have no other effect, I take it that it is not the wish of the gentlemen of this convention that we open the doors of ig- norance for a term of years. By keeping in this part, this one PROCEEDINGS AND DEBATES. 439 phrase or sentence of the preceding section, it will hold open the doors to any ignoramous that would not have the right to vote if the section was enforced. Striking it out relieves us of that, and makes the whole clause reasonable and consistent. One other thing. We say we are going to adopt the constitu- tion. We propose to submit it to the people whether it shall go into effect or not; could we expect them to vote for it, if af- ter the adoption of this constitution they are to be deprived of their right to vote? It seems inconsistent it seems to me to say the least. Mr. SMITH. I don't care to go into any argument of this at all. You all know as well as Judge Brown or myself that he has not changed the reading of these two sections at all; they refer to different matters, but the first part of the section makes the sense as to that and not as to this, but leaving this sentence out it will receive a strict construction and the two sec- tions stand in conflict. Mr. BROWN. There can be no misconstruction about this and there is none, and the only inconsistency there can be ex- ists in the mind of my friend. Mr. OONAWAY. I expressed my views upon this question raised for the second time the other day, but since the discus- sion has reached the point it has I desire to place myself on rec- ord as protesting- against the idea that the men who cannot read are necessarily ignorant men. We know it has been ad- mitted by gentlemen on all sides of this proposition that wt* all know and are acquainted w r ith good citizens, efficient men in different branches of business who have the misfortune, and not the fault, to receive no education whatever. If our county has raised such men in the past, it may raise them; in the fu- ture. If the principle is so defective and liable to work such' wrong as to make it necessary to suspend it for five years, it may be necessary to suspend it longer, and I am very glad to have an opportunity to put myself on record as opposed to the principle. Now, gentlemen, let me occupy your time for one moment more. It is admitted on all hands that such men as Philip Mass should not be disqualified. My friend from Fre- mont county will admit that it would be a great evil to disqual- ify such a man as James Smith, of South Pass. What less : wrong, what less evil would it be to disqualify those who live 1 just over the line upon the south, or over the line in Montana,, and should want to move here. The principle is wrong, and therefore I shall vote as I always voted to strike out this sec- tion entirely. Mr. HARVEY. If I understand the gentleman from Carbon he is not opposed to the principle, but he thinks an inconsist- ency exists in the two sections. If it does, it seems to me that the revision committee can call it to the attention of the CONSTITUTIONAL CONVENTION. house and have it corrected. I think this convention can leave it to the committee to correct the discrepancy if it exists I am not quite clear in my own mind as to this myself. Mr. MORGAN. I have voted twice to strike out Sec. be- cause I do not believe in the principle. I voted to keep in the latter part of this section because it postponed this qualifica- tion taking elTect until 1894. I would like to make it lifty years instead of five. It seems to me that last clause was in- serted as a notice to people who are coming here in the future. It gives them time to qualify by learning to read, and I should like to see it left in, Mr. CLARK. I voted against the amendment offered by the gentleman from Laramie, because as I said if I could not get all that I wanted, I would take what I could get, but now that you have amended this and as it stands now I shall not even get half a loaf, I am in favor of the amendment offered by Mr. Smith of Carbon. Mr. CAMPBELL. As I voted with the prevailing side I believe I have a right to move a reconsideration of the vote to strike out this ? 94 clause, and if in order I move a reconsidera- tion in order to bring this matter to a vote. Mr. COFFEEN. There is no necessity for reconsidering the vote, as this section has been amended and is not in the same condition as when the vote was taken. Mr. PRESIDENT. The vote will be taken on the motion to strike out all of Sec. 9, as amended. Are you ready for the question ? Mr. CLARK. I call for the ayes and nays on that question. Mr. PRESIDENT. If there is no objection the secretary will call the roll. Roll call. Mr. PRESIDENT. Gentlemen, the result of the vote is as follows: Yeas, 15; nays, 26. The noes have it; the motion to strike out is lost. Mr. CAMPBELL. I move a reconsideration of the motion to strike out the last part of Sec. 9. Mr. COFFEEN. Second the motion . Mr. PRESIDENT. Gentlemen, you have heard the motion, a reconsideration of the vote has been moved. I sincerely hope the vote will not be reconsidered. Mr. COFFEEN. One thing I wish to call attention to in this connection. There are persons within this territory who are ^minors, growing up, who within five years will be qualified, and it is in consideration of these minors that are nearly of age that I shall vote to reconsider the clause which will guarantee to the whole people of Wyoming an opportunity to qualify un- der this bill by the year 1894. PROCEEDINGS AND DEBATES. 441 Mr. PRESIDENT. Gentlemen, you have heard the motion. All those in favor of a reconsideration will say aye; contrary no. A division is called for. All those in favor of the motion to reconsider will please rise 15; those opposed 26. The mo- tion to reconsider is lost. Mr. CAMPBELL. I would ask for the reading of the sec- tion in relation to registration. I mentioned this once before, and the more I consider it the more convinced I am that that section is wrong. I move to amend by Mr. TESCHEMACHER. I rise to a point of order. That sec- tion cannot be amended. The vote upon it has been taken and finally passed and no amendment to it can be brought up again. Mr. CAMPBELL. It will disfranchise one-half the persons in the territory of Wyoming, as it stands, but if you are willing to go upon record with it that way, I can stand it if you can. Mr. RUSSELL. I would like to state that as this is now I can see a chance for a great deal of wrong in the use of the Jballot with this registration clause and the other one already passed. I mean the educational clause; there may be a great many good citizens in mining camps who wish to vote and vote right. Now it would be possible to appoint registers that might wish to influence the vote, and when these men come to vote they might make them read the constitution, and they might be able to read it just as good as any man here on this floor, but through some little incompetency, through some lit- tle mistake, he might make in his reading they might prevent Mm from voting. I think this is wrong and will work a great hardship throughout a good many counties in the state, that is how I feel about it. Mr. COFFEEN. I do not believe the point of order raised "by the gentleman from Laramie is well taken. Until we are ready to vote any part of this bill is subject to amendment, and I also believe that the section on registration as it now stands may disfranchise many men from voting who may be absent or unable to register at the time specified, and I belive they ought to have the opportunity to make a proper affidavit as to their qualifications and why they failed to register, and that evidence should be received, and they should be allowed the pri- vilege to vote if they can show good and sufficient reason for their failure to register. I am in favor of amending this sec- tion. Mr. PRESIDENT. The section is subject to amendment. Are there any suggestions to be offered? Mr. POTTER. I believe we can fix this without striking out any of it. I believe the first part is all right; that no one should be allowed to vote unless registered according to law, but I tMrik we should add the folio wing: "Unless the failure to 442 CONSTITUTIONAL CONVENTION. register is caused by sickness or absence, for which provision shall be made by law." I move to insert this after the words "according to law" in that section. Mr. PRESIDENT. Gentlemen, yon have heard the motion.. Are you ready for the question? All those in favor of the amendment offered by the gentleman from Laramie will say aye; those opposed no. The ayes have it; the section is so amended. What is your pleasure, gentlemen, as to File No. 68?" Mr. HAY. I move it be put upon its final passage and the vote taken. Mr. PRESIDENT. Gentlemen, it moved that File No. 68 as now amended be finally read and put upon its final pas- sage. All in favor of the motion will say aye; contrary no. The ayes have it; the motion. prevails. The file will be read at length as amended. (Final reading of File 68.) The question is on the final passage of the file. All in favor of the motion that File No. 68 be adopted as a part of the constitution will say aye as their names are called; those of the contrary opinion will say no. The secretary will call the roll. Mr. CAMPBELL. I merely wish to say again that I must protest against this educational qualification, which I believe is all wrong, but inasmuch as this file contains so much good, I vote aye. Mr. CLARK. I rise to explain my vote. There is a good deal that I would be glad to support, particularly Sec. 1, of this file, but inasmuch as I believe this discriminates against men who have as much right and are as capable of evercislng the elective franchise as any gentlemen upon this floor, I am constrained to vote no. Mr. CONAWAY, There are a good many good things in this bill, especially Sec. 1, and inasmuch as my vote on tins bill will not effect that section which gives to women the right to vote, and as I consider this bill contains more evil and wrong than good, I vote no. Mr. PRESTON. I desire to explain my vote. Inasmuch as , Sec. 9 will deprive some citizens of the United States that in- tend to remove to Wyoming of having an equal voice in the af- fairs of this country, I vote no. Mr. POTTER. I ask to have Mr. Palmer vote on this file. Mr. PRESIDENT. Mr. Palmer will answer to the roll call. Mr. PALMER. I desire to explain my vote. I am opposed to woman's suffrage, but there is so much good in that bill I vote ave. PROCEEDINGS AND DEBATES. 443; Mr. PRESIDENT. Gentlemen, your vote on File 08 is us follows: Ayes, 30; noes, 12. By your vote you have adopted File G8 as amended as a part of the constitution of Wyoming. File 68 will be referred to the committee on revision. The question is now on the final reading of File 70. In order that the convention may be fully informed of the con- tents of the file, it will be read at length. (Final reading of File 70.) Mr. CAMPBELL. I have no amendment to make, but I would like to say a few words to the convention before this is put upon its final passage. Mr. PRESIDENT. Is there any amendment to be offered to the file? If there are no amendments to be offered the gen- tleman may proceed. Mr. CAMPBELL. I would like to say to this convention that this is the first time I have read the bill. This bill, if it passes, introduces a new element in the relation of master and servant, and I take it that if it is passed no corporation or person can afford to engage in any business whatever. The doctrine of master and servant is pretty well defined, the courts are getting away from the rule further every year and giving it a more liberal construction in favor of the servant, and against the master, and I take it that any provision that goes to the extent that this goes, would make it impossible for any railroad company or any corporation to do business with- in the state of Wyoming without going into absolute bankrupt- cy. It says that "it shall be unlawful for any person, com- pany or corporation to require of its servants or employes as a condition of their employment or thenvise, any contract whereby such person, company or corporation shall be re- leased or discharged from liability or responsibility on account of personal injuries received by such servants or employes wiiile in service of such person, company or corporation, by rea- son of the negligence of such person, company or corporation, or the agents or employes thereof, and such contracts shall be absolutely null and void." It means this, if anything, if a section man .working upon a railroad is injured by another section man, that the company will be responsible for that injury. All that a corporation should be held to, and they should be held strictly to that, is that they should be held re- sponsible for the injuries of a servant not in the same line of employment, or responsible for the negligence of such servants as are placed above the other servant in employment, and in which the inferior servant is bound to obey the instructions of the superior servant. That is as far as you should go, and not hold them responsible for the injury of one servant to an- other in the same line of employment. I will go a little furth- .444 CONSTITUTIONAL CONVENTION. er to make myself clear. I take it that a. railroad company should be responsible for the injuries which a section man re- ceives by reason of the negligence of the dispatcher; it should be responsible for the injuries of a section man by reason of the negligence of the train master, or the road master, or I will go a little further, by reason of the negligence of the foreman in charge of that particular gang of men, but I don't think that any company should, or any individual should, be lield liable for the injuries caused by one working alongside of him in the same employment. On this question I was en- lightened yesterday. After this matter came up, 1 made a casual inquiry of one of the officials of our railroad company here, and the amount that is already paid by corporations, especially by the railroad corporation that runs through the lower part of this territory, is enormous, the amount that they already have to pay out by reason of the negligence of servants and if you adopt this provision, I don't see how any railroad company can do business within this territory, and I would like to hear from persons who are more familiar with the question than I am, if they think my construction is very un- fair. I must say that I believe in holding masters for the in- juries that are caused to their servants by reason of the neg- ligence of those above them, but I don't believe in holding them responsible for the injuries caused by those within the same line of their employment. Mr. BROWN. Does this section or proposition propose to do anything except prevent contracts being made? Mr. CAMPBELL. I think it goes further. I have not had time nor opportunity to examine this carefully but that is how it strikes me at the first glance. Mr. BROWN. I desire to say that I heartily agree with what has been said by my friend from Laramie, but I do not agree that what he says has everything to do with the purpose of this proposition. My construction of the reading of this sec- tion is, and I may be wrong, owing to; my unfortunate absence at the discussion of the meaning of this, my understanding is not that it changes the relations of master and servant at all, t>ut it simply prevents a master from compelling a man when he enters his employment of signing any contract that will disturb the legal relations as they now exist between master and servant. That is my understanding of the section. If wrong, I should like to be set right. Mr. POTTER. My objection to it is even for another rea- son. My primary objection at this time, (and the differences between the two gentlemen increases my objection) whenever you have a small section like this, which is liable to encounter difficulties in its construction, it is very clear to me that the PROCEEDINGS AND DEBATES. 445, place for it is in legislation, and not as a fundamental law. I object to it because I think it ought to be left for subsequent legislation, and not become a question of fundamental law. Mr. HOYT. I desire to say a word, not intending to argue this matter at all, that while I agree with the gentleman who has just speoken, as to the great importance of our not interf erring Avith matters which may be left to the legislature,, since this has been introduced and acted upon by the commit- tee here, and as it appears to me to protect a very important interest, and appears to me to be very carefully expressed, and I Avould simply emphasize what has been said by our president himself, that this refers simply to the matter of contracts be- ing made whereby corporations shall be released from liabil- ity for injuries due to their negligence. I think we cannot be too careful in protecting the rights of the great laboring class- es, and I therefore think it would be well and proper to in- corporate this section into our constitution. But I object to- one word. I think the day of master and servant has gone by forever, and there is no cause for inserting into the constitu- tion of Wyoming the word servant at all. "Of its employes"" covers everything. Everyone w r ho is engaged to perform, the duties of another is an employe, and I see no occasion to use the word servant at all, but w r ill vote heartily for the propo- sitions as it stands. Mr. RINER. I hope this provision will not be embodied in the constitution if the purpose is as suggested by Governor Hoyt. I agree with Mr. Campbell that the language of the section is sufficient to carry with it the construction he places- upon it. So far as a contract is concerned it has been posi- tively decided by the supreme court of the United States, un- less there is a consideration it amounts to nothing. The su- preme court of the United States in Ross vs. the Milwaukee & St. Paul railroad case, has settled this whole question. The purpose of this section by the mover was to do away with the doctrine of fellow servants in this state; whether or not the language of the section is sufficient to reach that question I am not altogether certain, but I think that it is. If that be the case, then I agree with Mr. ; Campbell it would be impos- sible for any corporation to do business in this territory. Xot only does it effect corporations, but other persons. The sec- tion reads "if shall be unlawful for any person, company or corporation to require of its servants or employes as a condi- tion of their employment or otherwise, any contract or agree- ment whereby such person, company or corporation shall be released from liability or responsibility on account of personal injuries received by such servants or employes while in service of such person, company or corporation." Here is what I want -44 6 CONSTITUTIONAL CONVENTION. to call attention to. "By reason of the negligence of such per- son, company or corporation, or the agents or employes there- of} and such contracts shall be absolutely void." Xow then I want to know if that, and I ask the lawyers of this convention who are more familiar with the decisions of the supreme court than I am, in regard to this matter, does not that wipe out of existence the doctrine of fellow servants, and makes a cor- poration or a person liable for the injuries caused by the neg- ligence of a fellow servant. What is the effect? Applied to a railroad company, Mr. Campbell has stated it; it makes a railroad company liable where one section man is injured by another section man's negligence, regardless of the rights of the company. In the cattle business it makes a cattle man living in Cheyenne liable for the negligence of his servants on the range a hundred miles north, and he has no security for it. Now I believe a corporation should be bound. The su- preme qourt in the Boss case held that where a railroad corpo- ration is operating a line of road, that the head of every de- partment is a vice principal, and represents the company. In the Boss case it was held that the conductor of the train was a vice principal of the company, and the company was re- sponsible for his acts. Why? Because he represented a separ- ate department in the conipan's service. Until the train left the end of his division, it is for him toi say, says the supreme court, when the train shall start, when it shall stop, at what speed it shall run, so that every principal ap- plying to the master would apply to him, and he is a vice prin- cipal and stands in the master's place, and for his a,cts the company is liable. Suppose you adopt this section, and the points for which Mr. Campbell and I contend are right, we may be wrong, but if not, the language in the next to the last line will hurt everybody. If that be adopted, then if one brakeman is injured by the negligence of another brakeman upon the same train, in the same, grade of employment, where the con- ductor had no knowledge and no means to prevent the acci- dent, and nq'body else had any power to prevent it, you put the company in the position and make them liable where they could not have prevented it. Now I say that that is not right, ./and what is true as to a railroad company applies to every oth- er interest in this territory. Do you pretend to say that if this section has that effect that there is any justice in the Standard Cattle company of this city being held liable for the injuries one cowboy receives because of the negligence of the other cowboy one hundred miles north on the range? If yon take out of your law the doctrine of fellow servants that is where you land. So far as the protection of employes is con- cerned they are already fully protected. The supreme court PROCEEDINGS AND DEBATES. of the United States has decided that a company is liable for the negligence of a vice principal, for the negligence of a man in charge of a separate department of the service, and who stands in the shoes of the master, so far as his liability is con- cerned. That the company is liable for the negligence of a servant of one department causing an injury to a servant in another department, and why? Because in that case the ser- vant in the other department has not the means to protect himself against the negligence of that servant, that he would have if he W 7 as a servant of equal grade and in the same de- partment. If this section, and I fear that the language is suf- ficient, if that be the effect of this section, I am certainly op- posed to it. If that has already been decided I want to know why it should go into the constitution. It is the law now as squarely laid down by the supreme court of the land, and if it does not wipe out the doctrine of fellow servants then it has no place here, because the supreme court of the United States has decided, and decided most positively, the liability of the parties. I am opposed to it for the reasons given by Mr. Camp- bell, and if it does not bear that construction I am opposed to it because it is a useless provision. Mr. BAXTER. Does the decision in the Ross case say that servants cannot enter into a contract with their employers? Mr. RINER. The supreme court of the United States has decided that such contracts must be founded upon a good and valuable consideration, and without that it amounts to noth- ing whatever; they hold that employment itself is not a con- sideration. Mr. SMITH. This section don't get at Avhat we want to reach at all, and anyway I think it properly belongs within the provision referring to corporations, and I know that the committee on corporations is preparing an article that I think covers what we want to reach here, and for that reason I move that this matter be referred to the committee on corporations. Mr, REED. I would like to say a word in regard to this matter. It is easy to be seen where the objection to this bill comes from. So far as cowboys are concerned I don't see that cuts any figure in it at all. It is ridiculous to bring cow ~boys in here. As I understand this, this is to reach what we originally call the old ironclad agreement. I can see the ob- ject of this because I have worked on all the railraods west of Chicago I might say, and they have all adopted a policy that this here touches upon. It was called the ironclad agreement, by which a man when he entered the employ of the company agreed to release the company from all liability for any acci- dent that might occur to him, no matter whether the fault was directly traceable to the company or not. Now if I understand 44 s CONSTITUTIONAL CONVENTION the sense of this File No. 70 it is 1 to keep us from having any such an introduction in this state of any ironclad agreement between any railroad company and its employes, and I be- lieve it should pass. It is to protect the poor man. And I wish to add, so far as the law is concerned, I don't care what the law is, I have heard so much about law on the floor of this house that I am disgusted with it. It is justice we want, and mercy with justice. I think the case in this town today pending before the courts is enough. A man par- alyzed, with a large family to support, his body and mind al- most destroyed in the service of the company, and I Avould like to know what the law done for him. The case has been carried to the supreme court, but the poor man has got noth- ing as yet, That is law, I suppose. I am sorry to bring this matter up, but everybody in town knows it, and knows too that the cause of that man's injury was due directly to the neg- ligence of the overseer of the job he was working on. The man was poor, and he got but poor treatment, and everybody knows it. Mr. RICHARDS. It seems to me that nearly all the gentle- men that are discussing this matter seem to imagine there is but one corporation in existence and that will exist in the fu- ture in the state of Wyoming, and that the Union Pacific Rail- way company. We are here to try and establish the funda- mental law for the state that we hope will be great in mate- rial prosperity. The northern part of this territory today is laboring under a commercial depression for the reason that we have no resources that will bring money into circulation and bring prosperity to our people. If measures of this character are to be embodied in our laws they will stand here as a men- ace to the introduction of capital from abroad that should ga to the development of the natural resources of our country. Consequently, I think it is a false position and a great wrong and a exeat mistake to hold up a sign forbidding and denying- people you might say, from bringing their money into our ter- ritory to help develop the great hidden resources that it is necessary to have developed to bring prosperity to our people. Mr. JOHNSTON. I have no particular objection to the first part of this bill, or to any of it in fact, but I know some- thing about this in a practical way. I have charge of large gangs of men where we used great quantities of explosives,. and as that reads it appears to me that it makes the com- pany who are using these explosives in the performance of its business, responsible for the carelessness of any employe of that company. I know that it required constant vigilence on the part of the superintendent and foreman of these works to prevent employes using explosives carelessly. It required PROCEEDINGS AND DEBATES. 449 constant watching. Accidents might happen for which the company was in no way responsible*, and I can see no reason for putting in a clause of this kind in this bill. Mr. HOLDEN. I have studied this section pretty carefully and it seems to me that there is nothing in this section con- tained which either increases the liability of corporations or persons or lessens it. It seems to me that the only question contained in this section is that we shall say by fundamental law that all persons and corporations shall forever be prohib- ited from may ing any contracts with their employes which shall lessen the rights of the servant against the master. That is all there is to it. Mr RUSSELL. In order to enlighten the gentlemen in re- gard to this I will say a few words. This is taken verbatim from the Colorado constitution, the reason for our introduc- ing this occurred in our county. We are employed by a corpo- ration, though they are restricted by a law on Wyoming's sta- tute faooks from doing it, that formulated a paper and present- ed to its employes, requesting them to sign any rights or in- demnity they might have under our present law in case of an accident, and they had to sign this paper as a matter of em- ployment. That is the whole sum and substance and object of the introduction of this bill. Mr. BAXTER. It seems to me that if the gentlemen of this convention will read this provision carefully there can be no question as to its meaning, and the object that is desired to be reached, and I must dissent from the construction given it by my friend, Mr. Russell. It goes directly to the question of making the contract as a condition of employment. There is nothing in it which could be construed in any way a,s dis- turbing the well settled doctrine of the relations between mas- ter and servant, and 1 use the term servant because I believe it to be a well understood legal term, and in no disrespectful manner whatever. The section reads "It shall be unlawful for any person, company or corporation to require of its ser- vants or employes as a condition of their employment or other- wise, etc." By striking out the words "or otherwise' 7 it would bring the idea of the contract plainly forward, allowing that the only idea was the question of making the contract, as a condition of employment. Now I disagree with Mr. Riner as to the ruling of the supreme court. It seems to me that any con- tract they might require of an employe on entering their em- ploy might be held valid because the employment itself would be a consideration. If the supreme court has held that no cor- poration can contract against its own negligence that is a dif- ferent matter from holding that such contracts are null and void because of the absence of any consideration, the court 29 45 o CONSTITUTIONAL CONVENTION. could reasonably hold that the giving of employment of any kind would be a sufficient consideration. While I have some doubt as to whether the constitution is the proper place to incorporate this matter, and that it might be better to rely upon its being acted upon by legislation, I have no doubt as to the propriety of laying down a rule that no corporation shall require of an employe any contract which will protect them from their own negligence. That is how I understand this. In answer to the objection that it will keep out capital, I have only to say this is found in the constitution of Colorado and I doubt if any state in the union has received more /rapid development and growth than that state, so it seems to me that objection is not good, and I am* therefore in favor, in order to secure this right to the laboring man, that this should be incorporated in the constitution. Mr. PALMEE. I believe that the proper construction of this file is simply that no man can stipulate against his own negligence. It seems to me that the people, so large a por- tion of them being made up of laboring men, should have every protection, and every safeguard that the law can possi- bly throw around them to protect them from signing away their rights to their employers. The state of Colorado as I understand it has a provision of this kind, and the territory of Wyoming had one similar to it, but the compilers left it out. I believe it is nothing more than right for us to say that a railroad corporation, or any other corporation, cannot say to a man, if we employ you, you must take all the chances yourself, and this company will not be responsible to you for any dam- age that may result by reason of the negligence of ourselves or of any of our employes. Especially is this true in coal mines a man may be working in one room, and in the next room they may be blasting; he may be injured by another man in the same class of occupation as himself, without any careless- ness or negligence on his part; he has signed a contract which stipulates that he releases the company from the carelessness of the man in the next room. I say it is an unfair and unjust proposition to say that a man before he is employed shall sign away his rights, and therefore I am in favor of this section, which I believe simply means that no company can stipulate against its own negligence or that of its servants. I think it would be a good thing in many respects if this doctrine regard- ing fellow servants of the same grade could be done away with and I think this convention will do well to respect the wishes of the laboring men in this respect, and adopt this file just as it is. Mr. CAMPBELL. As I said before I have not given this bill a careful consideration, and am not prepared to say what niy PROCEEDINGS AND DEBATES. 451 lionest conviction is as to the construction, and I am not pos- tive that it does not bear the construction placed upon it, be- cause I have not given it the consideration it requires. But let me tell my learned friend, Mr. Palmer, that the supreme court of the United States has said, and said it distinctly, that no person or corporation can contract against their own neg- ligence, the consideration being a money consideration or a la- bor consideration. They have said that as distinctly as the supreme court of the United States has ever said anything, that is the law from the highest court in the land on that sub- ject. As I remember the case the facts were these: A person was employed by a news agency, that had a pass over the road, and because of that he could be called upon by the conductor of the train to perform the service of a brakeman or fireman or anything else, and as I remember it this young fellow, this news agent, \vas injured by reason of the negligence of the servant above him. He brought suit against the company and it finally came to the supreme court. I think Justice Miller decided it, and he said this: Inasmuch as it appears from the facts in the case that this person Avas in the/ nature of an em- ploye, receiving his transportation as an employe, that the contract he signed upon his pass which is upon the pass of every person it was not a valid contract because he was an employe, and the company could not contract against its own negligence by reason of the employment given, but he intimat- ed in his decision that if that pass was given without consid- eration the company could contract with the person receiving it, against- its own negligence. Now that is the law, and in view of the construction to be placed upon this section I am op- posed to it. Mr. MORGAN. There can be but one construction placed upon this, and it is just as plain as can be. It does not take from the employer a single right that he has now under the law. It does not give to the employe any right that he has not, but simply says that the employe shall not contract and give away rights which he now has. I think it ought to pass. Mr. FOX. I move we now take a recess until 2 o'clock. Mr. TESCHEMACHER, I move we take a recess until 7:30 this evening. To sit here all day is a little too much, and then have to come back in the evening. Mr. PRESIDENT. Gentlemen of the convention, the ques- tion is on taking a recess until 7:30 o'clock this evening. Are you ready for the question? Mr. FOX. I don't see why we should not sit this after- noon. Mr. TESCHEMACHER, I have given away every Saturday to let the gentlemen from Albany county go home, and the 452 CONSTITUTIONAL CONVENTION. gentlemen from the western part of the territory, and I have not opposed their going, and I don't think they should object to this. Mr. CAMPBELL. I have been here constantly, and I think to ask a man to come here every day from 9 until 10 o'clock at night is asking too much. I would like to get off this after- noon, but I propose to be here if w r e have a meeting. I would like to take my wife to the fair, but I will be here if anyone else is. Mr. PRESIDENT. The question is on the motion that we do, now take a recess until 7:30 this evening. Are you ready for the question? All in favor of the motion will say aye; con- trary no. The ayes have it; we w r ill now take a recess until 7:30 this evening. EVENING SESSION. Thursday evening, Sept. 19. Mr. PRESIDENT. The convention will come to order. Mr. REED. I move rule four be suspended Mr. PRESIDENT. The rule was suspended for the morn- ing session, and if there is no objection it will be suspended for the evening. Mr. RICHARDS. I wish to present a proposition, if in order. Mr. PRESIDENT. The presentation of propositions is not in order at this time, but may be received by consent of the convention. Is there objection to the proposition being pre- sented at this time? The chair hears none; the gentleman will present his proposition. File 83 will be referred to the com- mittee on salaries of public officers, if there is no objection. The file is so referred. At the hour of taking recess we were considering File No. 70. Mr. CAMPBELL. I made a motion this morning to strike out that section and I now desire to withdraw the amend- ment. Mr. PRESIDENT. Is there objection to the gentleman from Laramie withdrawing his amendment? The chair hears no ob- jection; the amendment may be withdrawn. Mr. SMITH. I desire to offer an amendment, to be added immediately after the last line of the section, "and_the rule of common law as to the negligence of fellow servants shall not prevail in the courts of Wyoming. Mr. RINER. I discussed this matter at considerable length this morning, and I do not propose to occupy the time and at- tention of this convention on this subject again, but simply to explain what this amendment means. The amendment PROCEEDINGS AND DEBATES. 453 proposed by the gentleman from Carbon, takes away what is known as the doctrine of fellow servants and makes the em- ployer, makes the master liable in every case for the negli- gence of one servant to another, whether or not the master had anything to do with it or not. It makes the proprietor of a store liable for the injuries received by one of his clerks, caus- ed by the negligence of another clerk. It makes the cattle man liable for the injuries received by one of his men upon the range caused by the negligence of another employe of his upon the range. It makes a railroad 'company liable to a section man for an injury received solely through the negligence of another section man. But I explained all this this afternoon. The bill as filed by Mr. Jones, I am satisfied after my exami- nation of it, does not deprive the company or any individual of their defence, but makes them responsible, as they ought to be responsible, for their own negligence, and not where one ser- vant is injured purely through the negligence of another, and without fault of the master. The purpose of the amendment is to make the master liable whether or not he has been at fault at all. Jle may have used every precaution and due care in every particular, yet with this amendment he is liable and there is no escape from it. Mr. HARVEY. I certainly did not expect to have any- thing more to say on this subject but I am constrained to pro- test against it once more. If this is aimed at the Union Paci- fic railroad company all right, but I desire to impress upon the minds of the members of this convention that there are other corporations employing- men, in this territory. There are cor- porations mining coal, and if I am not mistaken we are advo- cating statehood in order to bring in just as many corporations as we can possibly, and we don't care to throw in their way " any unnecessary burdens. As it was originally I should have voted for the proposition, simply aimed at these ironclad con- tracts, but I tell you, gentlemen, this is a pretty marked inno- vation as now r proposed, and I protest before this convention in behalf of the northern part of this territory against such a measure as this. I protest against aiming unnecessary blows at a corporation simply because it is a corporation. I tell you, gentlemen, this ought to be left to the legislature. Don't throw unnecessary obstacles in the path of corporations, for I tell you it is corporations that we need, it is corporations of great wealth that are now attempting to develop central and northern Wyoming. Mr. SMITH. I simply desire to say in reply to the argu- ments against the amendments offered that this section was intended to reach a specified purpose, but I don't think it reaches it, and I offered the amendment for the purpose of 454 CONSTITUTIONAL CONVENTION. reaching the intention desired in offering this section. I claim while a corporation has some rights, the men who work for them have some lights also, and they should be looked after just as well as that of the corporations. Now if a corporation employs a man in any capacity whatever, and he suffers an in- jury, and he is without means he has to wait until the thing gobs through the supreme court of the United States before he gets aiiylhing. That is the way with corporations, and under that state of facts is it not fair that the employe, poor though he may be, humble in life, and without millions back of him to fight in the courts, is it not fair that they have some pro- tection as well as the corporation? Mr. CLARK. I was in favor of this amendment as origi- nally presented, and I will convey what I have to say on this proposed amendment by supposing the case of two men em- ployed by an attorney in Rawlins in moving his safe, and by the carelessness of one of them the other has his leg broken. Is the attorney to be made responsible ? Mr. CHAIRMAN. The question is on the amendment. AH in favor of the amendment will say aye ; contrary no. The noes have it; the amendment is lost. The question now recurs on the proposition before us in print. Mr. MORGAN. I move it be placed upon its final passage. Mr. PRESIDENT. The motion is that File No. 70 be fin- ally read and placed upon its final passage. Are you ready for the question? All in favor of the motion that File 70 be now finally read and placed upon its final passage will say aye; con- trary no. The ayes have it; the motion prevails. Final reading of File 70. The question is on the adoption of the file. So many as are of the opinion that File 70 be adopted as a part of the constitution will say aye as their names are called; those of the opposite opinion will say no. The clerk will call the roll. Roll call. Gentlemen, the vote upon File 70 is as follows: Ayes, 38; noes, none; absent, 1 1. B\ your vote you have adopted File 7(J as a part of the constitution. Mr. COFFEEN. We would ask consent that the report of the committee on corporations be presented at this time. Mr. PRESIDENT. Is there objection to> the report of the committee being received at this time? The chair hears no ob- jection; the committee on corporations will present their re- port. Do you desire the report read? Mr. RINER. I move the substitute be referred at once to the printing committee. Mr. PRESIDENT. It is moved that the report be referred to the printing committee. Are you ready for the question?" PROCEEDINGS AND DEBATES. 455 All in favor of the motion will say aye; contrary no. The ayes have it ; it is so referred. There is upon the file for your action and final passage File 78, on live stock. What is you pleasure as to that file, gentle- men? Mr. TESCHEMACHER. I move it be placed upon its final passage. Mr. PRESIDENT. It is moved that File 78 be put upon its final passage. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the motion prevails. Final reading of File 78. The question is up- on the adoption of the file as read. So many as are of the opin- ion that the fille be adopted as a part of the constitution will say aye as their names are called; those of the contrary opin- ion will say no. The clerk will call the roll. (Roll call.) Gentlemen, your vote on File 78 is as follows: Ayes, 37; noes, none ; absent, 12. By your vote you have adopted File 78 as a part of the constitution of Wyoming. Gentlemen, I believe that disposes of all the business on the table for final action. What is your pleaesure? On the general file there is a large amount of unfinished business. Mr- TESOHEMAOHER. I move we now go into committee of the whole for consideration of the general file. Mr. PRESIDENT. It is moved that we now go into commit- tee of the whole for consideration of the general file. Are you ready for the question ?A11 in favor of the motion will say aye; contrary no. The^ayes have it; the motion prevails. Will Mr. Burritt take the chair? Mr. CAIRMAN. Gentlemen, we have for our consideration File 70, on legislative department. At the time the committee arose the file had been gone trough with from beginning to end. What is your pleasure? Mr. HARVEY. I move that when this committee arise they report back this file with the recommendation that it be adopted as amended. Mr. BARROW. I have an amendment to offer. I move that the word "thirty" in line five be amended to read "twenty- eight" and that all that portion following beginning with the word "provided" be stricken out. Mr. COFFEEN. There are three inconsistencies in this bill as it now stands. And you will all concede that it needs examination before it passes. In the first place Sec. 2 as amended does not make the lower house twice the size of the upper, and w 7 e have agreed it should not be less than twice. Instead of cutting the number down to twenty-eight I should favor an amendment to thirty or thirty-two, at least thirty, rather than a change in the opposite direction. Now I desire to call you attention to one or two things here. I wish to ap- 456 CONSTITUTIONAL CONVENTION. peal to YOU in the sense of fair play, whether all things con- sidered in the case, whether or not Fremont, Converse and Crook counties shall be entitled to two members in the lower house, while Johnson and Sheridan shall have but half that. The statistics prepared for this purpose show the following re- sults: In Johnson and Fremont counties the difference is one hundred and thirty-one votes, and you give Fremont county twice as many in the lower house as you give the other. Now that is a pretty small difference on which to make a double representation in the lower house. In Sheridan county the difference is one hundred and seventy-seven, y et we have one- half of the representation in the lower house that Fremont county has. Carry it to Crook county, the difference between Crook county and Sheridan is two hundred and eighty votes, a small number to double the representation on in the lower house. The difference between Sheridan and Converse is four hundred and thirty-seven. Converse as compared to Johnson the difference is three hunder and ninety-one votes, and Crook as compared to Johnson the difference is two hundred and thirty-four votes. I desire to offer an amendment to the amendment by inserting the word "thirty'' instead of "twenty- eight" in Sec. 3, and give an additional representative to John- son and Sheridan counties. Mr. CHAIRMAN. The amendment is not in order. The question is on the amendment to Sec. 5 as offered by Mr. Bar- row. If the committee desires to amend Sec. 3 they can do so after the amendment to Sec. 5 ha,s been disposed of. Mr. BROWN. I wish to say a word to the nienxbers of this convention about the apportionment as it stands here. The whole scheme to me is one that has nothing equitable or fair to sustain it. The gentlemen from Laramie county on yesterday all professed at least that they wanted to, be fair about this thing, and that they were opposed to the plan of representa- tion of one from each county in the senate because it was un- fair, and because it disfranchised a portion of the people of this territory, and largely in the counties of Laramie, Albany and Crook. It is proposed, and I suppose the figures are made here upon the plan proposed in the other as nearly as may be, it is proposed now to do what? To make the unit of distribution of members of the senate 1,200, and why is that proposed? Why the gentleman from Laramie, Mr. Hay, who, presented this proposition, has adopted, as any of the rest of us might do, a unit of division that would give the largest pos- sible representation to his own county. In selecting 1,200 he has accomplished that. The whole vote of Laramie county is 3,695, and by taking the unit of 1,200 the gentleman gets three members of the senate and loses practically nothing. The unit PROCEEDINGS AND DEBATES. 457 for the house in this proposition is 600, and by dividing 3,095 by that yo,u lose nothing. These two units of division that were adopted because they exactly suit the situation in Lara- mie county, no matter what may happen to the other counties. Now let us go a little further. Carbon county and Albany couty each have 2,600 votes, or thereabouts, a little mpre than 2,600. By taking the unit of 1,200 you disfranchise in those counties 200 voters in the council from each of them. What do you do further? You say you will give Sweetwater county two members of the senate, that is the proposition as passed, on 1,747 votes. You say then in order to be exactly fair and to do what is equitable and just, you propo.se to give Sweetwa- ter two members of the council, with 1,700 votes, and to give Albany and Carbon, each with 2,600 votes, 900 more than Sweetwater county, the same number of members of the sen- ate. Is that fair; is that just? What further does your proposi- tion do? You give to Uinta county, with 2,037 votes; you say Uinta county shall have a representation of two members of the senate on the 2,000 she has, as against 2,600 in Carbon and Albany. Is that fair; is that the way to meet out justice to these different counties on this question of apportionment? WTiat do you do with Sweetwater in the house? You say we will give to Sweetwater three members of the house, and on' what basis? With a vote of 1,700, and a little over on the unit of 600 it would take 1,800 votes for three members of the hoiise in Sweetwater county, and yet you say we will give them two members of the council and w r e will give them more than -they are entitled to in the council, and you do, it on the plea of ex- act justice. Now you gentlemen observe how these matters apply. I am opposed to this method and this scheme of set- tling the representation in the senate, because you can never adopt a unit of representation, no matter what it may be, that will give exact, equal justice in representation to the several counties. It is an impossiility. But it is proposed to adopt that scheme. Now if it is adopted, what unit of division shall you take to meet the case the most fairly and equally ? Not the units of 1,200 and 600. That can be easily determined by the figures, but by taking some other unit you can come more near- ly to exact justice in representation as between the several counties. Let us examine this as to Albany and Carbon coun- ties. Each of these counties are in this condition. They each have something over 200 voters that are debarred of represen- tation in the senate. According to the unit adopted for divi- sion, one member of the senate is equal to two members of the house. In other words it takes twice as many voters to give one member of the senate as is required to give a member of the house. Then this is the situation. Two hundred are dis- 458 CONSTITUTIONAL CONVENTION. franchisee! as to senate representation in each of these coun- ties. That is equivalent to 400 in the house. In addition to that each of these counties are disfranchised in their repre- sentation in the house in something over 200 voters. We have then to give them a full representation, taking these figures as the} y stand on the units proposed, we are fairly and equitably entitled in each of these counties to an additional member of the house, and still have something left over after giving us that representative. What you cut short in the senate, in or- der to be fair in the representation, must be made up in the other house. In making that up, taking these figures, it enti- tles each of these counties to one representative and a little more in order to be fair. Look at some of these other figures. Sweetwater with 1,700 votes has two members of the council. Fremont with 1,047 votes has one member. Converse with 1,307, coming within about 400 votes of Sweetwater, has one member of the senate. As between 1,307 and 1,747 is that fair or just or equitable to give to Sweetwater county this addi- tional member of the senate, and say to Converse county you shall have nothing for you overplus? I don't believe in this way of disposing of matters of this kind. It is unfair, it is unjust, and I say to you so far as Albany county is concerned they would rather be deprived of the one representative that we are entitled to than to cut short any of the smaller counties. The only way in which that representation can be arrived at, and the way that is adopted in all instances so far as I know, whether you take it upon population, which is a proper way or an improper way, taking it whatever way you please, you must do it in this way, and in order to be fair, and it is universally done in this way, the larger counties because of their popula- tion and wealth and enormous representations are always cut short, and the smaller counties given a larger representation in proportion. That is the universal rule in all states, and in all legislatures where men have attemped to do the fair and hon- est thing. Now I ask you gentlemen to consider these mat- ters, you have adopted this amendment, it is in your hands to amend as you please. We are opposed to the whole scheme, but if you are seeking to do justice, change this representation as it is now presented because I believe it to be an outrage up- on the people of this territory. Mr. TESCHEMACHEK. I objected to the report of Com- mittee No. 6 because that report had never been shown to me, but since I have seen the report, I desire to have it submit- ted to this convention on the ground that I think the chair- man of the committee and the members of the committee have been outrageously treated in this respect. We were appoint- ed a committee on boundaries and apportionment. We were PROCEEDINGS AND DEBATES. 459- to apportion the members of the first legislature I thought. I don't see what else the committee was for if not to apportion the legislature. We have never had a word said to us about the matter, but the legislative committee has come in and made a report. Now I know perfectly well, having devoted some considerable hours to going over the various constitu- tions, that there are propositions for putting this in the legis- lative article of the constitution, but a great majority either have a separate article or they have it in the schedule. There is no question about it. Now I stand here for Laramie county simply to say that I do not believe that any member of this convention from Laramie county wishes to do any injustice to the other counties of this territory, and I think under this ap- portionment act just submitted an injustice has been done. I think the unit taken there suits Laramie county a little bet- ter than it does any other county. Mr. BKOWN. I desire to say for Mr. Teschemacher that in discussing this matter privately he agreed entirely with me, and I think several members of the Laramie delegation agreed that it was unjust in its present form and condition,, and I wish to say this in justice to these gentlemen, as my re- marks may have indicated a different view. Mr. CHAIKMAN. The report of Committee No. 6 will now be read. (Report of Committee No. 6.) Mr. BARROW. There is a good deal of jest about this re- port, but I am very much in earnest about this thing. If th"e gentleman will remove that one section from their report and refer it to the committee on apportionment I think we will try as a committee to do our level best to bring in an absolute- ly fair and square apportionment for the first legislature of the state of Wyoming. Mr. HAY. I just want to say a few words in reply to the gentleman from Albany, Judge Brown. I think in his remarks he overlooked the portion of the proposition which provides for the dividing of the remainder. Now it happens that the num- ber 3,600 is divisible by a great many different multiples. Take four, six, nine, twelve, and even thirteen and fourteen, and use the method here suggested for the division of the remainder, and it will come out just about the same. It happens in this case to favor Laramie county, but I deny that 1200 was taken because it gave Laramie county an advantage. I had no idea of getting up anything that ,svas unfair, and if Judge Brown,, or any other member of this convention, can suggest a number that will divide more fairly among these particular figures I would be very glad to accept it. 460 CONSTITUTIONAL CONVENTION. Mr. SMITH. I move that when this committe arise they report, back this file to the convention with the recommenda- tion that it be referred to the committee on apportionment. Mr. BROWN. I object to the file being referred in that way. I think one section, Sec. 3 of the file, should be referred to the committee on apportionment, that properly belongs to that committee, but these other matters should be referred back to the legislative committee, and I move to amend the motion of the gentleman from Carbon by adding that Sees. 1 and 2 be referred to the legislative committee, and the balance to the apportionment committee. Mr. HAY. It strikes me that the portion of this file which refers to the duties and powers of the legislature in future, that the apportionment committee has nothing to do with that, the apportionment properly belongs to them. Mr. CHAIRMAN. The gentleman does not understand the motion. The motion is that when this committee rise they re- port back File 76 to the convention with the recommendation that Sees. 1 and 2 be referred to the legislative committee, and the balance of the bill, referring to the apportionment, ~be referred to the committee on boundaries and apportionment. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the motion prevails. 'The next thing on the general file is the substitute for Files 51 and 56, executive department. Sec. 1. Any objections? 'Sec. 2. Sec. 3. Sec. 4. Sec. 5. Sec. 6. Mr. CAMPBELL Is there any provision in this bill that the secretary shall act as governor when the governor is away? Mr. HAY. That brings to my mind something that occurs quite often under the present system, and I don't know wheth- er it is provided against in this or not. The governor when ab- sent from the state, the secretary acts as governor, but the governor may be absent for thirty days within the boundaries of the state, but away form the capital, and there is nobody acting as governor at all. I think if an amendment is added here, it w r ould be well to add to it absent from the state or seat of government. Mr. RINER. In the third line after the word "office" I move to insert "or is absent from the state or the seat of gev- . Any amendments? If not the section will stand approved as read.- Sec. U. Mr. FOX. It seems to me that some of the members of this convention seem to think we could get along without a state auditor, that Sec. 11 could be amendeil T,y tsriking out part of it, and providing that the auditor of the state shall be state examiner. Mr. HAY. The idea of a state examiner is to have a man who will go over the entire territory or state, examine all pub- lic accounts in the state, counties, county clerks, treasurer, clerk of the court, etc., and perform any other duties in the way of examining public institutions as the legislature may provide, also to examine the auditor's office as well as other state offici- als. You certainly could not have a state auditor, and have him state examiner travelling all over the state at the same time. Another thing for the state examiner to do is to examine all banks incorporated under the state law, and every public 30 466 CONSTITUTIONAL CONVENTION. institution of that kind, and I have no doubt that it will take all his time to attend to the 'duties of his office. Mr. FOX. I only offered it as a suggestion. Mr. CHAIRMAX. Any amendments to Sec. 14? If not the section will stand approved. Sec. 15. Mr. RIXER. An amendment has been handed to me which I think in view of the action already taken is a very proper one, and I offer it as an amendment to be a.dded to the substitute, to be numbered 16 I believe. The amendment is this: "The gov- ernor of this state is authorized to call upon the supreme court of the state for opinions on points of law in times of emergency and the supreme court shall give such opinions with- out unnecessary delay and without additional compensation. This amendment is offered because we have done away with the office of attorney general, and this provides that the supreme court shall advise the governor. This has been done in several of the states. Mr. PALMER It might put the supreme court in a very embarrassing position to be compelled to answer state officials concerning their own affairs, and' I suggest that it only refer to matters of state that opinions be required from the supreme court. Mr. HARVEY. I looked into this matter in connection with other members of the committee on judiciary and I was "at first inclined to favor it. They adopted this proposition in Colorado, and one of the state officials called upon the supreme judges to answer a question of law in connection with some controversy which had come up in his office, and the judges very naturally said that this question is very apt to come be- fore us for decision, and we therefore decline to answer it. The more I think of it the more it seems to me a dangerous provi- sion. The supreme court cannot act as attorney general and supreme court. Mr. COXA WAY. I move this committee now rise, report progress and ask leave to sit again. Mr. CHAIRMAX. You have heard the motion, that this committee now rise, report progress and ask leave to sit again. Are you ready for the question ? All in favor of the motion will say aye; contrary no. The ayes have it; the motion prevails. The committee will now r rise. Mr. PRESIDEXT. What will you do with the report of your committee, gentlemen? Mr. CAMPBELL. I move its adoption. Mr. PRESIDEXT. It is moved the report of the committee ^e adopted. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the motion prevails. PROCEEDINGS AND DEBATES. 467 Mr. RINER. I move we adjourn until 1) o'clock tomorrow morning. Mr. PRESIDENT. It is moved we now adjourn until o'clock tomorrow morning. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it. The motion prevails. The convention will now ad- journ until 9 o'clock tomorrow morning. SEVENTEENTH DAY. MORNING SESSION. Friday Morning, Sept. 20, 1889. Mr. PRESIDENT. Convention come to order. Roll call; twenty-eight members present. Reports of committees. Mr. BFRRITT. I desire to move that the irrigation file be made special order of the day for tomorrow morning. Mr. PRESIDENT. It is moved that the file on irrigation be made special order for tomorrow morning. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the motion prevails. Mr. BAXTER. I move we now go into committee of the whole for consideration of the general file. Mr. PRESIDENT. Gentlemen, you have heard the motion. Are you ready for the question ? All in favor of the motion will say aye; contrary no. The ayes have it; the motion prevails. Will Mr. Teschemacher take the chair? Mr. CHAIRMAN. Committee will please come to order. The committee arose pending the following amendment offered by Mr. Riner "The governor and other state officers are author- ized to call upon the supreme court for opinions on points of law in times of emergency, and the supreme court shall be re- quired to give such opinions without unnecessary delay and without additional compensation." Mr. HAY. I introduced that proposition originally, bur it has been changed in some respects, my idea was that the gov- ernor should be allowed to call upon the supreme court on grave points of law, in emergencies, and not that the supreme court should be made attorney general at all. In other states they have adopted this and it seems to have worked very well, but as to allowing the supreme court to be called upon for every trifling matter that arises was not contemplated at 468 CONSTITUTIONAL CONVENTION. all, aiul including the oilier stale officials was not a part of my proposed plan. These two changes give it a very different char- acter and would naturally prevent the committee from favorab- ly considering it. I think if we would go back to the original proposition it would probably be very satisfactory and prove to be very useful. Mr. POTTER. I move this be referred to the judiciary com- mit fee and I will state my reasons for that. You must not for- get that this is an exceedingly grave matter. You would make the supreme court give an opinion on a question that might effect very great property rights of individuals, without their being heard. Colorado has a provision in their constitution that, the supreme court shall be called upon to give opinions to the legislature and the governor upon similar occasions, and that court by a very well considered opinion has shown the dan- gers of that kind of a requirement, and that the court has to be very careful in answering questions, that they do not an- swer some questions that will involve the rights of individuals without giving them a chance to be heard, because the opinion of the court becomes a precedent, and this system has been found to be very dangerous, and indeed we would have to have a supreme court composed of extremely cautions men, men of very wise judgment to carry rntpVeffecifc rightly and properly a provision of this character. Mr. CAMPBELL. I was opposed to this because it made the supreme court an attorney general, but with the explana- tion made by Mr. Hay, I can see no objection, and I don't think it goes to the extent my learned friend from Laramie seems to> think. They have this provision in Nebraska, and while per- haps it is not favorably considered by the lawyers and the courts, it has not worked any great evil. I believe when the supreme court or any court or lawyer who is called upon to ex- press an opinion in an emergency, I /believe that any lawyer or judge who has any ability will not hesitate to reverse that opinion the moment he is convinced he is wrong, and I am willing to trust, in grave matters of this kind, that a supreme court when the question is again brought before it, if they are convinced that they are wrong in the opinion that they have delivered, they will reverse it. I will give you an illustration. Judge Black when he was practicing at the bar had a mies^ tion submitted to him by a number of persons as to the validity of certain bonds in a proposed railroad, he considered the mat- ter a long while and gave them a very long opinion upon it, upon which he had spent considerable time. He was afterward elected to the supreme court of Pennsylvania, and became the superior judge of that court. A similar question came before the supreme court for discussion, not the same case, but one- PROCEEDINGS AND DEBATES. 469 Involving the same principle, and he reversed his own opinion 'in that case. I believe that the citizens of this territory will not elect persons to the supreme court that will be wedded to a private opinion, and not willing to reverse themselves if they ,;ire convinced that it is wrong, and I am in favor of the proposi- tion with the modification Mr. Hay has suggested. Mr.. CONAWAY. The case stated by Mr. Campbell is one of the strongest arguments that could be made against this proposition. That opinion given by Judge Black was given as sin attorney, and did not carry the weight and authority with it that, an opinion from the supreme court of the state or territory would carry, but it was sufficient as it was to induce men to take important steps and acquire property rights un- der it, and after the same question had been investigated and submitted to the supreme court, it became necessary to unset- tle all the property rights w^hich had been acquired under the previous opinion. I am utterly opposed to: the proposition. It was considered by the judiciary committee before they made their report, and they were almost unanimously opposed to It, and I do not believe anything can be gained by referring it back to the judiciary committee. The decisions of your su- preme court are quoted and will be quoted as long as your territory or state exists, and we cannot tell how far reaching the effect may be. Mr. BAXTER It is impossible for any judge upon a state- ment of facts before the matter is brought into court to say what his decision will be, because there are thousands of side lights thrown upon the question from its appearance in court, .and his decision before it reaches that point, and anything he might say before it was brought before him on the bench would only have the weight of an opinion that might be obtained from .any attorney in his office, and does not carry the weight of a decision from the bench. In addition to that it seems to me that many of these questions would probably result finally in the supreme court, and it would hardly be a satisfactory thing to the other party to the contest, who was presumably the loser 'in going there before a judge that had already passed upon tin 4 question, and I don't think it would be very satisfactory to the supreme court to be called upon to pass upon questions, and subsequently to reverse themselves if they felt they ought to do it. My own impression is that it would be far better to liave an attorney general. It seems to me that upon grave and serious occasions, that the state officers might and very likely would be in need of advice, and there should be some properly constituted authority to whom they could go, and I think for twelve hundred dollars a year the sen-ices of a competent man oo-iil d be secured as attorney general. 470 CONSTITUTIONAL CONVENTION. .Mr. IIOLDKX. I do not desire to discuss this question. I take it that it is the sense of this convention, as it Avill prob- ably be expressed when the matter comes to a vote that it is not desirable to have the supreme court perform the duties of at- torney general of the state. The lawyers understand and everybody else ought to see clearly why that should not be the rase. I will only say that it does seem to me that, if there is. any person throughout the length and breadth of this state whose mouth should be closed with reference to the expression of an opinion upon any given question, that is liable to come be- fore the supreme court, or any other court for judgment or de- cision, that that person is the judge of that court. For that rea- son I think it unnecessary to refer this question to the commit- tee, because whenever it comes back here, in whatever form 'it comes, this convention will vote it down. I don't believe in making an attorney of a supreme court, and I think that is the sense of this convention. It seems to me to save time, and I regard time as precious just now, the better way to do would be to vote upon the proposition, and vote it down right away, Mr. POTTER The reason that I made that motion is this. I did not know what discussion had been had upon the subject last night, as I was not here. If the convention don't want that kind of a provision well and good, but I am satisfied as this is noAV that individual rights might be jeopardized time and again, if the supreme court acted as attorney general as well as judge. MY. FOX. Speaking from a layman's point of view. I don't belong to the legal profession, but from a citizen's standpoint, that it is no more than right that the supreme court should have something to do. If we have a supreme court and pay them a sufficient salary to live upon, they won't have more than two weeks work in the year, and I see no reason on earth why they should not be required to give any information that would be required of a state's attorney. I believe that the men and I believe that the people would be better satisfied, and I don't see why a judge of a supreme court cannot give his opin- ion the same as any other business man, and if he finds he is wnmg he can say so, when it comes before the tribune of jus- tire, and I see nothing to prevent it. Mr. CHAIR MAX. The question is on the motion by Mr. 1'otter il, : ,t this be referred to the judiciary committee; are you ready f,,r the question? All in favor of the motion will say aye; contrary no. The ayes have it ; it is so referred. Mr. MOIK'.AX. I desire to offer an amendment to this Mil. but I hesitate to do so because of the preciousness of our time, and yet I desire to offer an amendment to this bill be- cause I think it is important, and if you do not think so, you - ' . PROCEEDINGS AND DEBATES. 471 can vote it down, and that is this: Sec. 14 provides for a state examiner. I move it be stricken out and that Sees. 1,720 and 1,721 of the revised statutes be inserted in its place. This pro- vides that the state examiner shall be appointed by the govern- or and confirmed by the legislature. Now I believe that the state auditor's accounts and the state treasurer's accounts should be examined as nearly by the people as possible, and T believe that the manner provided for in our revised statutes is much 'better than by an examiner appointed by the governor, I should much prefer the present plan of one member of the senate arid two of the house. Then there is another important question that will come in here, just consider the mileage this official will necessarily have to pay. He will have to travel over every county in the territory, and he would have to pay his board. I believe each county should be left to govern its own affairs as much as possible. I believe that nothing should be done at. Washington that can as well lie done in the state, and nothing should be done at the seat of state government that can as well be done at the county seat, and that nothing should be done at the county seat that can as well be done in the township. I believe this is a very important matter. I believe the counties should be allowed to appoint their own county auditor, to examine and manage their own affairs. Mr. PALMER. I am surprised to hear a Republican coun- seling local self government. Mr. HAY. These two sections which the gentleman refers to have been on the statute book for some two years, and we have had no examination made under it. Under this provision I don't see that the appointment of a state examiner is going to prevent that legislative examination every two years or whatever it is. I don't see that it would prevent the examina- tion by the representatives of the people a.t all, and I think so far as the question of the state examiner examing the of- ficials of trust in the various counties, he may save some coun- ty a good deal more than his salary and expenses, and also save a good deal to the state. This has been tried in a number of states and worked exceedingly well. Mr. SMITH. I have my own views on this proposition, but I hope this amendment to strike out and insert these two sec- tions will not prevail. The matter of examing county records and the different officials of the various counties is important, and yet it does seem like an innovation to have a state official come in and do that. That may be wise, but to strike out that and insert the other it seems to me makes it a matter that /belongs to the legislature and has no business in the consti- tution at all. 472 CONSTITUTIONAL CONVENTION. Mr. CHAIKMAX. The question is on the substitute. All in favor of the substitute will say aye; contrary no. The noes have it ; the amendment is lost. .Mr. JEFFKEY. I have a substitute to offer for See. 14. I think that every member of this convention realizes the im- portance of this subject now under consideration. The great- est objection I see is this. If we elect a state or county audi- tor, or whatever you may term it, it may become necessary to examine the actions, look into the accounts and reports of that official himself. I think the people should hold in their own power and grasp all powers that are not necessarily del- egated to any official. I have here a proposition which cov- ers this point, which will retain it within the power of the peo- ple themselves, delegate it to men taken and selected from the people themselves. The proposition is this: "The district court of each county at each term thereof, shall appoint a number of such grand jury, not exceeding five, to investigate the official accounts of the treasurer of said county, and report the condi- tion thereof to the court." Mr. FOX. My first objection to this is that I believe the powers should be delegated to the legislature, and in the next place I don't believe an ordinary grand jury is competent to examine the accounts of the treasurer. Mr. BAXTER. I am opposed to the adoption of this sub- stitute for the reason that I don't believe that it readies the Tjwint as well as the section as it noAv stands. I cannot con- ceive of any higher obligation than this convention owes to the people of this territory than throwing about public funds the desired protection. I prefer the method as laid down here than the amendment proposed, for the reason that whoever the gov- ernor may appoint ^vill presumably toe an expert in his busi- ness. The governor will be directly accountable to the people for his appointment. He would be a citizen of the state just as much as this committee would be citizens of the state, he is selected by the people just as much as this committee would be, exactly in the same way, and he would be just as much a direct representative of the people as you could get in any other way. His duties are that he shall examine certain state officials, the treasurers of such public institutions as may be prescribed by law. Now it seems to me we would have in the employ of the state an examiner who understands all these ac- counts, and to whom the people will look directly for protec- tion, and a man who would be a little more competent to do it than the ordinary run of grand jurors or committees. Not that I desire to cast any reflections upon the grand juries, among whom we number our best citizens, but however qualified a man may be in his special department, he may not be compe- tent to examine into the accounts of these officers as a man PROCEEDINGS AND DEBATES. 473 would bo who is especially qualified and selected and directly responsible to ihe people for his actions. .Air. JEFFREY. With all due respect to Mr. Baxter I must deny that the governor is as competent to appoint a man to this position as the people themselves. The governor of a state, while he may be conscientious, pure in his intentions, and honorable in all his uiotiA'es, is more or less .influenced, .and must necessarily be influenced by considerations political and their surroundings. We take it for granted that these citizens selected from the body of the people are selected surely with some respect, with some consideration for their qualifications for serving as grand jurors, that they have some idea of things. I have no objection to the appointment of a state auditor or county auditor, or whatever you see fit to term it, but I claim that this is a right that should remain with the people, and the grand jury certainly conies more near to rep- resenting the people, and will be more interested in seeing that the affairs of their counties are honestly administereo than any state official could possibly be, and for this reason I propose this amendment. I believe the power should be con- ferred expressly upon the representatives of the people, as grand jurors, and while I am not opposed to the appointment or election of an auditor of state, for this purpose. I am in fa- Tor of throwing around the public funds and the administra- tion of public affairs, this additional safeguard, and not leaA'ing it unsettled by placing it in such express terms that every man who holds office under the constitution of this state will know that at any time his accounts and his affairs are liable to ex- amination 'and investigation by a committee of grand jurors of the county in which he may hold office. Mr. CHAIRMAN. The question is on the amendment of- fered by Mr. Jeffrey. Are you ready for the question? All in favor of the amendment will say aye; contrary no. The noes have it; the amendment is lost. Mr. BROWN, I have an amendment to offer to Sec. 1. We say that the executive power is vested in the governor, and we go on and provide for officials, as may be provided by law. I offer the following as a substitute, as I think the section should be amended: "Th,e executive power shall be vested in the governor, secretary of state, auditor, treasurer, and super- intendent of public instruction, and such other officers as may be prescribed by law, and who shall hold their offices for four years and until their successors are duly elected and qual- ified.'' Mr. CAMPBELL. I think we want to go a little slow about tliis. I take it there is a difference between executive power and executive department, and by this amendment you divide the executive power, which should be in the governor, and not divided among these other officers. I think Judge Brown will CONSTITUTIONAL CONVENTION. see that he ought to change his words and make it executive- department instead of executive power. Under this amend- ment you vest the executive power in a dozen different offi- cials, and it should be vested in the governor and the governor alone, but the executive department may consist of a dozen dif- ferent officials. .Mr. CON AW AY. I wish to say a few words upon this question and express the ideas I have as briefly as I can. It seems to me that the sections as they stand express the inten- tion of the committee who made this report. They are in the ordinary form of such provisions in the different state consti- tutions, and in the proper form. The article is headed execu- tive department. Sec. 1 provides for a governor, in whom the evecutive power is properly vested, the other section goes on and provides for other officials, who together with the govern- or constitute the executive department. I presume that the amendment was introduced with the idea of making the sec- t^>ns consistent with each other. They are consistent as they stand. Executive department has an entirely different mean- ing from executive power. Under the head of executive de- partment we provide for a governor and wiiat power he shall be vested with, and for other officials, and with what author- ity they shall be vested. It covers the w r hole question, and I do not think the amendments are necessary. Mr. CHAIRMAN. The question is on the amendment. AH in favor of the amendment will say aye; contrary no; The noes have it; the amendment is lost. Mr. BROWN. I think the convention has made a great mistake. We say that the judicial power is vested in a certain court, by an affirmative amendment it excludes all others. Mr. MORGAN. I move to strike out the word "shall' 5 in Sec. 14 and insert the word "may." Mr. CHAIRMAN. Gentlemen, you have heard the motion. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the amendment prevails. Mr. POTTER. To carry out the idea of Sec. 1 and to bring it (before the convention in a more simplified form, that there should be no question about the right of the state to in- crease the necessary officers, I move to insert at the end oi Sec. 11, which provides for the election of a secretary of state, auditor, etc., "the legislature may provide' for such other of- ficers as may be deemed necessary." Mr. CHAIRMAN. Gentlemen, you have heard the motion. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the motion prevails. Mr. SMITH. ' I move when this committee rise they report back the substitute for File 51 and 5<> with 'the recommenda- tion that it be adopted. PROCEEDINGS AND DEBATES. 475 Mr. CHAIRMAN. Xjentlemen, you have heard the motion. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the motion prevails. * The next thing on the general file is the substitute for Files 9 and 3(3, militia. Sec. 1. Mr. PALMER. I move to strike out the word "male." If the women vote, I don't see why they should be excluded here. Mr. BURRITT. In line two I move to strike out "eigh- teen" and insert "twenty-one." Mr. FOX. I object to the motion because the United States law makes all persons eighteen years old subject to military duty. Mr. CHAIRMAN. The question is on the" amendment. All in favor of the amendment will say aye ; contrary no. The noes have it; the amendment is lost. Mr. SMITH. In line four I move to strike out "shall" and insert "may." Mr. JEFFREY. I hope the motion will not prevail. This is the usual provision. Mr. CHAIRMAN. I believe there was no second to the amendment. Any further amendments? Sec. 2. Mr. BROWN. I move to strike out all of Sec. 2 after the words "United States." The other part of the section, that the legislature shall provide for the enrollment, equipment discipline of the militia, are all that is necessary to make the state militia effective, and it enforces them to pass such laws as may be deemed wise for the purpose of forming military or- ganizations. I can see no reason why you should put a clause in the constitution patting the legislature on the back, and encouraging them to make appropriations to promote volun- teer organizations. I think Ave can trust the legislature to deal wisely with the military question in the future. The words seem to me entirely superfluous, and since the first part gives the legislature power in its discretion to do all the things mentioned in the last clause. Mr. FOX. I will make an explanation in regard to this. The matter was brought up in the committee, and this sec- tion was recommended to be added for the reason that we have some voluntary organizations that have organized, elect- ed their officers, bought their uniforms, and have to pay for a place of meeting for the transaction of their business, and to keep their belongings together, and they have to pay all their expenses out of their own pockets. If they have to pay some rent they have got to get up some kind of an entertainment to do it, to raise money to keep up their organization, I think as long as these men have volunteered to organize into a body that may be called out at any time to supress insurrec- tion, it is no more than right that they should have expenses paid, or nearly so. CONSTITUTIONAL CONVENTION. Mr. CHAIRMAN. The question is on the amendment. All in favor of the amendment will say aye; contrary no. The ii.ves have it; the motion prevail*;. Mr. BAXTER. I move to strike out the words "no de- vire." My reason for this is this.- There is a company of Wyo- ming militia in this city, Co. B, and they haA r e recently been -discussing a flag for the company, and they have just about derided upon what they will get. Their idea is to get a flag of the United States, and upon either side would be the coat ol arms of Wyoming. They would combine the idea of loyalty to the general government and their allegiance to the state of Wyoming. I do not think they should be allowed to carry any -other flag than the flag of the United States, but think they should be allowed to make a, choice of such device for a com- pany banner as will be distinctive of the company. Mr. BURRITT. I would like to ask soine members of this convention who have examined the state constitutions of other states, if they have found a single provision of that kind in it. These matters are all left to the legislatures. Mr. FOX. The object of this said section was to pre- vent any military organization within the state from carrying any flag but that of the United States. We do not w^ant any military organization in this state going around with any oth- er flag. Mr. BROWN. I quite agree with the object of the commit- tee in presenting this section. When a man becomes a citizen of the United States he wants to remember from that time on he is a citizen of the United States, and he doiit want to carry around the flag of any other country, but in order to cov- er the suggestion offered by the gentleman from La ramie, I desire to offer this substitute. "No military organization un- der the laws of this state shall carry any banner or flag repre- senting any sect or society, nor the flag of any nationality but that of the United States'." Mr. CHAIRMAN. The question is on the substitute. All in favor of the amendment will say aye; contrary no. The .ayes have it; the substitute prevails. Sec. 5. Any amendments? The section stands approved. Mr. FOX. I move when this committee arise they report back this file with the recommendation that it be adopted. Mr. CHAIRMAN. Gentlemen, you have heard the motion. Are you ready for the question? All in favor of the motion will say ayr; Contrary no. The ayes have it; the motion pre- vails. The next thing on the general file is File 31. Sec. 1. Any amendments? Mr. IRVINE. I move to strike out Sec. 1. PROCEEDINGS AND DEBATES. 47 >j> Mr. CHAIRMAN. The question is on the motion to strike out. All in favor of the motion will say aye; contrary no. The hoes have it; the motion is lost. Mr. BFRRITT. I move this committee rise and report. Mr. CHAIRMAN. It is moved that this committee now rise and report. All in favor of the motion will say aye; contrary no. The noes have it ; the motion is lost. Sec. 2. Mr. HAY. I move it be stricken out. Mr. CHAIRMAN. The question is on the motion to strike out. All in favor of the motion will say aye; contrary no. The noes have it; the motion is lost. Mr. IJIVINE. I move this committee now rise and report. Mr. CHAIRMAN. The question is on the motion to rise and report. All in favor of the motion will say aye; contrary no.. The noes have it; the motion is lost. Sec. 3. Sec. 4. Sec. 5. Sec. 6. Mr BAXTER . While our chairman seems to want to rush us through like a race horse, I have an amendment to offer to Sec. 3. By adding after the words "common carriers" the fol- lowing : "And as such must be made by law to extend the same equality and impartiality to all who use them, whether indi- viduals or corporations." Mr. POTTER. I believe the convention is rushing into something here that they will not themselves vote for, and this matter is one that requires a good deal of consideration, and I don't think we have time now to consider it. It is nearly noon now, and I don't think we should try to take up this subject this morning. Mr. CHAIRMAN. The question is on the amendment as offered by Mr. Baxter. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the motion prevails. Sec. 7. Sec. 8. Sec. 9. Mr. SMITH. I move that when this committee rise they report back this file with the recommendation that it be adopted. Mr. CHAIRMAN. Gentlemen, you have heard the motion. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the motion prevails. Mr. IRVINE." I move this committee now rise' and report. Mr. CHAIRMAN. It is moved that the committee now rise and report. Are you ready for the question? All in favor of the motion will s_ay aye; contrary no. The ayes have it; the mo- tion prevails. The committee will now rise. Mr. PRESIDENT. What will you do with the report of your committee, gentlemen? Mr. SMITH. I move the report J)e adopted. 478 CONSTITUTIONAL CONVENTION. Mr. PRESIDENT. Gentlemen, YOU have heard the motion. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the motion prevails. Mr. RINER. I move we adjourn until 7:39 this evening. Mr. PRESIDENT. You have heard the motion. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the motion prevails. EVENING SESSION. Friday evening, Sept. 20th. Mr. PRESIDENT. Convention wiil come to ofder. Mr. BURRITT. I move we 'go. into committee of the whole for consideration of the general file. Mr. PRESIDENT. Gentlemen, it is moved that we do now go into committee of the whole for consideration of the gen- eral file. Are you ready for the question? All in favor of the motion w T ill say aye; contrary no. The ayes have it; the mo- tion to go into committee of the whole prevails. Will Mr. P>urritt, of Johnson, take the chair? Mr. CHAIRMAN. Gentlemen of the convention, the first thing on the general file is the substitute for File No. 50, judic- iary. Sec. 1 will be read. Any amendments to Sec. 1? Mr. COFFEEN. I have an amendment to offer. To insert after the last word in the second line the words "courts of arbi- tration.' 1 I think this convention has already indicated its favorable opinion towards courts of arbitration, so I move to insert the words "courts of arbitration." Mr. GRANT. Is there not a section in the file providing for such courts? Mr. COFFEEN. Yes, but it does not recognize them as one of the departments of the judiciary, as I believe it should. Mr. CON AW AY. This is a question that deserves serious consideration, and I think the gentleman has made his motion without sufficient consideration. In the course of my experience and observation, and I wish to call the attention ot the convention to this point, and I think the experience 4 of oth- ers who have had experience in legal matters is the same, f wish to call the attention of attorneys and everybody else to ihe- consideration of the fact that a court, of arbitration is n misnomer, and is unknown to law. We have boards of arbitra- tion, but such a thing as a court of arbitration, I never heard of. A court is an authority that may not only decide between the rights of parties and say what those rights are, but it is an instil ut ion that can render judgment and has an officer to enforce that judgment. A court of arbitration never did nor never will have such an officer. That is the difference between PROCEEDINGS AND DEBATES. 179 -a board of arbitration and a court. Now if it is desirable to establish a court of arbitration with a sheriff or marshal or .any othfer officer whatever you may choose to call him, to en- force its judgments, that is a very important question to con- sider, if that is the proposition, and I do not want this conven- tion to pass upon that question without serious consideration. And there is another important consideration that has weight upon this point. Whether such a court is necessary? Cannot any court that we have now in this territory, already organ- ized, with all the officers necessary to carry its judgments into effect, cannot any of our courts proceed and render judgment in these matters, without the trouble of organizing a separate court, or board of arbitration ? If the parties have come to that point that they are willing to agree upon a question of differ- ences between them and submit them to a board of arbitration why not submit it at once to a court? After they have irone through the process of submitting it to a board of arbitrators, they are just ready to go into court and lay aside that decision if either party does not wish to abide }DV it. That is. the ob- jection that I have to calling it a court of arbitration. It is not a court and you cannot make it a court without making a great many other provisions besides the one offered. They are utterly powerless to enforce any decision, and I hope the con- vention will consider this very carefully before they act upon it, Mr. CAMPBELL. I beg the indulgence of the convention a feAV moments. I am heartily in favor of this amendment. I don't think that any of he difficulties suggested by my f rieiio. from Sweetwater will apply to this amendment at all if put into the constitution. We might have courts of arbitration that would work very Avell in certain cases. I don't think it is the purpose of the mover of this amendment, that any judg- ment that the court might render should be a final judgment. Let me illustrate for a moment how if you have a court of ar- bitration it would be advantageous to persons having claims against debtors. Say, for instance, that Mr. Hay, the cashier of the Stockgrowers' bank, has a note for two thousand dol- lars against a person in Fremont county, he wants to get judg- ment against a debtor in Fremont county, suppose that note becomes due in August of this year, and the man don't pay it, Mr. Hay w^ants some security, but he cannot get it, he has got to wait until next June for a judgment in the district court sitting in Fremont county. Now if you had a board of arbitra- tion Mr. Hay could go to the clerk of the court, after serving- notice on the debtor, and have three parties appointed to de- termine whether or not you owe Mr. Hay that money. That l3oard may be learned or not in the law. They pass upon this -claim and Mr. Hay gets a lien against the real estate. In a 480 CONSTITUTIONAL CONVENTION country like this where in several of the counties we only have court once a year, I think it would be a very wise plan to have some process which will protect persons against a foreign cred- itor, and permit him to have some process which w r ill .operai** against any real estate the man may own. I know in some states where they have such a provision as this it operates very well, and the attorneys would not part with it. Mr. SMITH. As a process for collection of debts, I should favor this proposition, but it seems to me it should not conn 1 m here, as a board -of arbitration is purely a creature of the statute, something not known in common law, and should be left to the legislature to regulate, and I think this matter is entirely covered by Sec. 27 of this file. They simply enter a finding and that is entered by the clerk of the court, and that is a lien against the real estate, but that is not making that board a court in any sense. They cannot enforce the judgment themselves, and have no officer by w r hich they can enforce it. The process is a good one, but it is something in the nature of legislation. And w r e ought not to put it in here and try to make a court of it when it is not a court in the sense in which we use the word court. Sec. 27 covers the ground entirely, it gives the legislature pow r er to provide for this, and to pre- scribe its duties and powders. If you are going to make it a court, you must necessarily go further, and provide for a great many things besides, and turn this convention into a legisla- ture. Mr. COFFEES. I want to say a word in reference to this, having introduced the amendment. If the gentleman w r ho first followed me, making his argument applying to the word court, prefers the word board, we will accept that amendment, but if he means entirely to prevent the judicial power of this state being so constituted that the laboring people can have their difficulties settled without expense and trouble attending Ht- i nation in labor troubles, and labor questions, I must con- clude he is not in favor of either one, board or court. I want this classed among the judicial pow r ers of the state, T want to have the powers expressed in File 84, introduced here by Mr. Russell, but in addition thereto I want to have these boards of arbitration recognized as a part of the judiciary of the state, where laboring men, labor associations, can have their rights adjudicated, in case of strikes, and difficulties which so frequently arise, so that they can have them settled without the great expenditure of money which usually attends mat- ters of this kind. Mr. OH AIRMAN. The question is on the amendment. All in favor of the motion will say aye; contrary no. The ayes have it ; it is so amended. PROCEEDINGS AND DEBATES. 481 Mr. POTTER. I move to insert the word "such" before the word "courts" in the second line; such courts of arbitration. Mr. COFFEEN. I am opposed to this amendment. In the first place it does not read Avell, but I will not press that. But this leaves it voluntary with the legislature whether they do these things or not. I do not want any uncertainty about it. I want to fix it so that the laboring people of this country can have their difficulties passed upon by a responsible court. By inserting this word such you destroy the whole thing. I want to say that the legislature shall establish these courts of arbi- tration just as they shall any other court. Mr. POTTER. I don't think my amendment is subject to the criticism the gentleman has made upon it, and in suggest- ing that amendment I do not want to be understood as desir- ing to oppose the laboring classes of this or any other country. I am a laboring man myself, and if anybody works longer or harder than I do I would like to find that man. I see no ob- jection in making it incumbent upon the legislature to provide for a board where a number of employes, or a number of per- sons, shall be permitted to submit their differences to that' board. But you here say you will establish a court of arbitra- tion, and as stated by the gentleman from SweetAvater, if you do that it will be necessary to prescribe all the matters and things connected with it. What it shall consist of, what it shall do, and how it shall do it. I thought we could obviate all this by inserting this word "such," leaving it to the legisla- ture to prescribe such boards of arbitration as they saw fit. I am opposed however to the establishment of a court of arbi- tration, which shall have jurisdiction in all cases between an employer and an employe, because we give them a dozen other courts, learned in the law who shall determine those questions. If an employe has any difference with his employer, he has the justice of the peace court, or the district court, in which he can recover his wages, the same as any other creditor has. We have a provision in our statute uow r for the arbitration of differ- ences, and I know that it has been acted under. I have seen a voluntary submission of their differences, and we have seen it right here. But as I said before this section as it stands now with Mr. Coffeen's amendment, making these courts of arbitration a part of our judiciary, necessitates a great many other things. We may w r ant more than one court; how many are you going to have? Are they to be elected or appointed? Are we going to prescribe all these things or leave it to the legislature to provide these? It seems to me that the word "such" in here is necessary. Mr. CONAWAY. The discussion shows just what I appre- hended in the first place. The difference in regard to the functions of this court as stated by Mr. Campbell and Mr. Cof" 31 482 CONSTITUTIONAL CONVENTION. r. , feen, shows this. My friend from Laramie wants it in order that creditors may collect their debts, and my friend from. Sheridan in order that differences between employer and em- ploye may be settled. I see no objection to the word such, and in order to make the idea clear, to make clear the meaning desired by my friend from Sheridan, we can insert a few more words here, and I think it will be all right. Insert "such courts of arbitration as the legislature may establish, and such other courts as the legislature may by general law establish." Mr. CHAIRMAN. Gentlemen, you have heard the motion. Are you ready for the question? All in fayor of the motion will say aye; contrary no. The noes haye it; the motion is lost. Any further amendments? Sec. 2. Mr. CAMPBELL. I move that no person be allowed to speak for more than two minutes and a half, and not more than once. Mr. COFFEEN. I want to speak just a moment on that question. If you will only apprehend the situation, you will notice that the non-professional part of this convention has been very quiet, and said very little, but has depended largely upon a single delegate to make speeches in their behalf, so you see if you only think a moment that if he is limited to one speech then it is simply to give way to the other side, unless some of the other non-professional members will come forward. Mr. MORGAN. I rise to a point of order. I don't believe debate in committee of the whole can be limited. Mr. CHAIRMAN. The chair believes the point of order well taken. Any fuurther amendments to Sec. 1? If not it will be approved as read. Sec. 2. Sec. 3. Sec . 4 . Mr. CAMPBELL. In the sixteenth line. I move to strike out the word "vacancy" and insert the words "the unexpired term occasioned by such vacancy." That the judge shall filf the unexpired term, instead of commencing a new term for himself. Take for instance a judge elected this fall, and he dies next June, the governor has to appoint a person to fill the vacancy until the next general election, and that the person shall be elected to fill the unexpired term of the person who dies. Mr. CHAIRMAN. Gentlemen, you have heard the amend- ment. Are you read for the question? All in favor of the amendment will say aye; contrary no. The ayes have it; the section is so amended. Mr. PALMER. I move to strike out in the third line the word "eight" and insert the word "three." I believe that eight years is too long for a judge to hold his office, and that six is a happy medium between a four and an eight year term, especi- ally so where there are three supreme judges, the first to go out at the end of two years, the second at the end of four, and PROCEEDINGS AND DEBATES. 483 (the third at the end of six, it makes it come out very nicely. I think four 3^ears is too long- to. give an untried judge of the supreme court. It might do very well where the courts have been tried. In the state of Illinois, where I am proud to say :they have the best judiciary in the United States, they use the six year term, and it is found to work very successfully there. Mr. PRESTON. I just wish to correct Mr. Palmer, that is all. I came from Illinois, and pretend to know a little about the law there, and instead of being six years it is nine. The district judges are six and the supreme judges nine. Mr. CHAIRMAN. The question is on the amendment to .strike out eight and insert six. Are you ready for the question ? All in favor of the motion will say aye; contrary no. The noes appear to have it; the motion to strike out and insert is lost. Any further amendments to Sec. 74 Mr. COFFEEN. I move that when this committee arise they report back this file to the convention recommending that the supreme court shall consist of three of the four district judges, whom we shall provide for, and not have a separate su- preme court, and for this purpose that File 50 be referred back to the judiciary committee. I make this motion to test this question. Mr. BARROW. Second the motion. Mr. CHAIRMAN. You have heard the motion of the !' I In' slate have been disgraced by the condition of things IM-I \\cen the clerks and the judges, and the situation down there is this, that suits are pending between one of the judges 1 PROCEEDINGS AND DEBATES. 487 and his clerk as to some portion of the commissions the judge was to have out of the clerks. Mr. CONAWAY. They are not to be appointed by the judge nor any one else, except in case of a vacancy, and it would have to be filled before an election. I do not think there is any danger in the legislature passing a law providing for their ap- pointment except to fill a vacancy, but in order to make that point plain I will make an amendment to the amendment to insert after the word "or" the words "in case of a vacancy may be appointed." Mr. CHAIRMAN. Gentlemen, you have heard the motion. Are you ready for the question? All in favor of the amend- ment will say aye; contrary no. The ayes have it; the section is so amended. Mr. HOPKINS. I would like to ask if it is necessary to have this "as may be prescribed by law" twice in that short section ? Mr. POTTER. I thing it is a repetition there, and that tlie two could be put together. Mr. CAMPBELL. That was put in there so as to avoid confusion. Mr. HOYT. I move to amend so that it would read "ap- pointed in such manner and with such duties and compensa- tion as may be prescribed by law." Mr. CHAIRMAN. Gentlemen, you have heard the motion. Are you ready for the question? All in favor of the amendment will say aye; contrary no. The ayes have it; the motion pre- vails. It is so amended. Sec. 14 . Mr. POTTER, I move to strike out the last sentence, and insert after the word "duties" the words "and receive such fees." Mr. CHAIRMAN. Gentlemen, you have heard the motion. Are you ready for the question? Mr. CLARK. I would amend by striking out the won} "fees" and inserting the word "compensation." Mr. POTTER. I accept the amendment. Mr. CHAIRMAN. The question is on the amendment offer- ed by the gentleman from Laramie, Mr. Potter. All in favor of the motion will say aye; contrary no. The ayes have it; it is so amended. Mr. PRESTON. I move to strike out the words "who shall be persons learned in the law." Mr. CON A WAY. In order to give Mr. Preston an opportu- nity to discuss that I will second it. Mr. PRESTON. My reason for making this amendment, perhaps would not apply to every county in the territory. I understand that the object of presenting Sec. 14 is for the purpose of having some one in each and every county who in 488 CONSTITUTIONAL CONVENTION. the absence of the judge might perform such duties as were required of him as prescribed by the legislature. In other words to perform such acts that the judge in chambers would per- form if present. Now, in a county like Fremont, located as we are !:>:> miles from the railroad, and a long ways from E vans- ton, if we want an undertaking, or a writ of habeas corpus, it would be utterly impossible to get it without an officer of this kind. Now it says that this officer, this court commis- sioner, must be a person learned in the law. I doubt very much if the duties that would be required of him to perform in a county like Fremont, in a county like Sheridan, like Crook, or a. county like Converse, would justify a practicing attorney in any of those counties in accepting a position of this kind, and the result would be if no attorney would accept it, we would be entirely without a commissioner. The court ought to have the privilege of appointing some one else commissioner, wheth- er or not an attorney would accept it, and for that reason I make this amendment. Mr. POTTER. I hope this will not prevail. I have had some experience with this commissioner business. It would not deprive an attorney of his practice at all, he could not act in his own case, but that is all. We want a man who knows his business, and I think it ought to be a man who is learned in the law, just as it says here. Mr. CHAIRMAN. The question is on the motion to strike out. All in favor of the motion will say aye; contrary no. The noes have it ; the motion to strike out is lost. Sec. 15, which is 14 of the printed file. Any amendments? Sec. 16. Any amend- ments? Sec. 17. Any amendments? Mr. BAXTER. As I understand it this is the section num- bered 16. I move to strike out in line number five the words "twenty-five hundred" and insert "three thousand." My ob- ject in making this amendment is to place this matter in" such shape that we can at least command reasonably good talent in the profession. We must remember that AVC are not making tliis constitution for a few days, and that we are not making it to apply solely to the idea of our present condition, for we don't expect to remain in our present condition very long. We look for a considerable industrial growth and development in the next few years, and it does seem to me that a salary of three thousand dollars for such men as Ave wish to intrust in the discharge of the judicial duties here is a very small sum, and it should not be any less than that. Mr. Potter says he nor c;iiv to take the place at the salary mentioned here, so if we wanted 'Mr. Potter in that capacity we could .not have him. ;md we might have to get some other man that, the peo- ple would not want. I think he should command such a sum at least as would give him a decent living. PROCEEDINGS AND DEBATES. 489 Mr. CONAWAY. I wish just to say one word in regard to this matter. It has occurred to me in considering the matter that it would be very proper in the case of all our state offi- cials to fix the fees for the present in this constitution at ex- actly the same sum that the government has fixed them for us. Not any less at any rate than the government at Washington thought we were worth. It seems to me it would be very im- politic to put anything in this constitution that would indicate to the people at Washington that they were mistakin in their opinion of us, that Ave are not a people of so much importance or with as many interests at stake or of as much consequence or as much wealth, or that we have not all the characteristics of a great and growing community, as they firmly thought we liad. It has occured to me that the most proper thing we could do would be to fix all the salaries as they have fixed them for us. Mr. POTTER. I desire to explain to the non-professional members of this convention that there is more to be consider- ed than, the mere salary of a judge. A lawyer in active prac- tice builds up his practice as any other man builds up his busi- ness, and he has to leave that when he takes a position on the bench. He knoAvs .when he comes back that he has got to start an entirely new business, and this must be considered. A man takes this into consideration, and not merely the amount of the salary he gets, that on leaving the bench he must start all over again. Mr. HOYT. I would call attention to the fact that the sal- ary of the governor has been fixed at twenty-five hundred dol- lars. This is too small, and three thousand is too small for a judge, but I should not be in favor of increasing one without increasing the other. Mr. CAMPBELL. I would call your attention to the fact that the governor can engage in some other business, while a judge of the supreme court cannot. Mr. HOLDER. I desire to call your attention to the fact that this does not fix the compensation at all. It simply pro- Tides that it shall not be less than twenty-five hundred dol- lars per year, and leaves the matter entirely with, the legisla- ture, and I think that is a very good place to leave it. I think the section is all right. Xow it has been suggested here that there is nothing for a supreme court to do. That may be pos- sible. Suppose the legislature should fix their salary at twenty five hundred dollars for the present, and I apprehend there would be no lack of 'applicants for the places; our governor gets only $50 per year, and so far as I know the office never went begging yet. And the same may be said with reference to our supreme court. I never heard of one of them going begging yet, and I think we ought to leave this matter 490 CONSTITUTIONAL CONTENTION;. just as it is, and if the legislature should fix their salaries at twenty-five hundred dollars there would be some men who would want it, although some of the illustrious gentlemen on the other side have signified that they would not have it at that price. I think this is all right, leave it to the legislature,, and if we need to increase it in the course of time, the legisla- ture will do so. .Mr. BARROW. I desire to call the attention of the conven- tion to the fact that if you give a lawyer an inch he will take- an ell. They brought in this report and were contented with Twenty-five hundred dollars for the salary of a supreme judge and finding now that the convention is disposed to grant the supreme court without any question, they want to raise the sal- ary. I certainly object. Mr. BAXTER. I look at this question from a non-profes- sional standpoint, and I am not looking at it in the interest of my legal brethren, but in the interest of the people. I believe no matter how low you might fix the salary there would be a sufficient number of men willing to take it, but 'that is not the class of men we want to fill it. We w^ant a clajss of men who are competent to discharge the duties satisfactorily to the people, and you cannot expect a lawyer wiiose professional at- tainments are such that they make four or five thousand a year in their practice, to give it up for twenty-five hundred dol- lars a year, and there is no argument in the statement that they will have nothing to do. If they should go on here holding their terms of court annually, and not a single case was heard, it does not effect the question at all. When a man is elected to the bench he cannot do anything else. He is debarred from having a general practice, and it seems to me that we want to pay him enough to live on. It is not a, question of service at all, and I think we should fix it so that the legislature shall not make it less than three thousand dollars, so we can reas- onably expect gentlemen of fair ability to fill these offices. Mr. CHAIRMAN. All in favor of the motion to strike out t \\enty-five hundred and insert three thousand in the fifth line will say aye; contrary no. The chair is in doubt. All in favor of the motion will rise 10. Those opposed will rise 18. The motion is lost. Any further amendments? Mr. COFFEEX/ I move to strike out in the fourth and fifth lines the words "shall not be less than." Mr. SUTHERLAND. Second the motion. Mr. roFFEEN. I want to call your attention to one bear- ing of this case. I am not particular about carrying this, but I want to call your attention to a few things. In the first place you have provided for a supreme court, when I believe the sen- timent of the country is against you, and you must appeal to them, for ratification. In the next place you have attempted PROCEEDINGS AND DEBATES. 491? here to raise the salary, and whether it is raised or not it ap- pears to me a dangerous question to be left upon in the way you have it here in the wording. Now the people in the coun- try when they examine this constitution will readily see that with no salary fixed it may be that it will cost us five thous- and dollars for every judge, if it goes to the people the way it stands now. I am not myself in favor of limiting it preci^ety to twenty-five hundred dollars. I would rather it be fixed at not more than or not less. I will make a motion that it shall not be more than thirty-five hundred, or less than twenty-five hundred. Mr. HOPKINS. I have never been accused of being a law- yer, but I suppose I belong to the layman class of this conven- tion. Now it: seems to me that in order to obtain the benefits that shall accrue from statehood that it is absolutely neces- sary that we should have as near a perfect supreme court as- possible. Now I would object to fixing the salaries of the judges of the supreme court at twenty-five hundred dollars a year on the same principle that I would object to buying a cheap John or snide suit of clothes. Mr. GRANT. I move to amend Mr. Coffeen's amendment by inserting "it shall not be more than five thousand.''' Mv. TESCHEMACHER, We had a very able address be- fore this convention the other evening by Senator Stewart of Nevada, and after his address I became convinced that very soon we were to have a population of millions in this territory or state. Now if we are going to be a state like New York, we will want supreme judges like they have in New York, and* should be willing to pay them ten thousand dollars or what- ever they are paid there, and I say we shall soon become weal- thy and can afford to pay our judges high salaries, and I am therefore opposed to limiting this to twenty-five hundred dol- lars, for if you do it won't be long before we shall need to call another constitutional convention to submit new amendments to this constitution, and that will take more money than it will take to pay the judges for their services. I shall oppose this" amendment to increase to five thousand because I believe it will jeopardize and defeat your constitution, and I shall vote for thirty-five hundred because I believe it a good limit, and will answer our demands for fifteen or twenty years to come. Mr., MORGAN. I am afraid if we put in a limit here it may be too small. Leave it at twenty-five hundred and I think it will be all right. The legislature is very careful about in- creasing salaries, and I do not believe there is any danger of increasing it to an extravagant amount. Mr. BAXTER, I disagree with Mr. Morgan as to the pro- prietv of fixing a maximum amount. If that section is left to stand as it is it means that the legislature will fix it at twenty- 492 CONSTITUTIONAL CONVENTION. the hundred dollars, and they won't go a dollar above it, and while I have no idea of influencing a single' vote in this con- vention, I insist that you are making a mistake in fixing any such sum of twenty-live hundred dollars a year. If you are not prepared To pay a sum which will secure the services of men who are competent to fill these places, as against any cheap John man that may come along, we had better not constitute a state government. Mr. (J-RAXT. I just have to say this in regard to this mat-. ler. If I have to go into court, whether the amount is small or not that is involved, I want to know that I am going before men in whom I can have some confidence, and I think you are endangering the interests of the people of this territory by not fixing a maximum, for it means that it is going to be fixed at just Twenty-five hundred dollars and no more. Mr. RUSSELL. I had not intended to speak on this ques- tion, as it is not in my line of business, but I would suggest that we strike out twenty-five hundred dollars, and leave it to the wisdom of the legislature entirely to decide what the sal- ary shall be. I don't think it wise to criticize our former leg- islatures, nor to abuse those whom the people have sent here to make laws, it don't speak well for us as a body that repre- sents the people that we do in this territory. I believe that the men that the people will send here to create and make laws for the state of Wyoming will certainly have sufficient good sense to know what the services of a supreme judge is 'worth, without our fixing a little weakly salary here. I suggest that twenty-five hundred be stricken out and that it be left entirely to the wisdom of these men whom the people send here to fix these things, as I believe it will give better satisfaction in that way, Mr. PRESTON. It may come with very bad grace from a lawyer to make any remarks upon this question, but I have sat in this chair until I can't sit here any longer and listened to the arguments advanced by the gentlemen in regard to the salary of a supreme judge. We are delegates here to this con- vention, sent by the various counties throughout the territory, to prepare a constitution to present to the people of the ter- ritory to vote upon. It is not a question whether or not we be- come a state. We. have come for the purpose of preparing a constitution that will better us if we are admitted into state- hood, better our condition than we now exist as a territory. If a constitution is to t>e prepared by this convention to meet the hobbies of a few of the delegates to this convention, then I *ay to the people of Wyoming, don't vote for ^iat constitution, f south is the Platte. The Big Horn and the Stinkingwater forms another. They are all just as PROCEEDINGS AND. DEBATES. 507 separate as if separated by a. stone wall twenty feet high be- neath the surface of the soil. Now it is highly desirable to fix this in such a way that one water district may not be put into two different basins. We have for instance here the Big Horn river lying "between two districts and extending into a third. We want each drainage basin in one district. Mr. CLARK. I .have no doubt that the state engineer has- carefully prepared that map, but for one I am not willing to tnke the iield notes of the United States survey as to what these drainage districts are. It is a notorious fact that in many parts of Wyoming the field notes of the United States survey are as absolutely false as any official document could possible be. In our county, or .in Sweetwater county rather,, quite a large tract of land has been withdrawn from public sale under the land laws of the United States, owing to the fact that the surveys are so incorrectly made as to constitute no survey whatever. The sections are of all shapes and of all sizes, and the surveyor could not have even looked over the ground in making their survey and field notes. It seems to me we shall be perfectly safe in providing it shall be divided into districts without fixing the number of districts, and of what they shall consist. Mr. BUKRITT. I want to say in answer to Mr. Clark that another object to be gained in dividing the territory is to limit the state board of control. I do not wish to put it into the power of the legislature to make a water district for each creek and thereby multiply the number of officials. These water com- missioners by this bill are made with the state engineer, the state board of control, and by limiting it to four districts makes a state board of control of five, which in my opinion is as large as if should ever be. This map has been very careful- ly corrected and verified by Prof. Mead, and I believe is abso- lutely correct. Air. HOYT. I am sure that this section presented by the committee has been carefully prepared and wisely drawn. It makes little difference if the survey makes a wrong section line or not, everybody know r s there are certain great divides in this territory, as stated by Mr. Burritt and I think this should stand just as it is. Mr. HARVEY. While I believe this is a piece of legislation I believe it is o-ood legislation, and I shall therefore favor it. Mr. CfTATRMAX. The question is on striking out the word four. Are you ready for the question? All in favor of the amendment will say aye; contrary no. The noes have it; the- amendment is lost. Sec. 5. Sec. 0. 508 CONSTITUTIONAL CONVENTION. Mr. FOX. I propose to amend. After the word "water- ways" insert the "sale or rental of water." Mr. JOHXSTOX. I object to that amendment on this ground. In Colorado one of the largest ditches taken out of Clear creek and which appropriates the most water, has been constructed and owned by the farmers themselves" They don't sell any water to anybody except those who are stockholders in the concern. It appropriates most of the water in that creek. They carry it by ranches that are not stockholders in that ditch, and they can get nothing out of it. I know of farm- ers that have been compelled to sell their land. If you put in this clause as suggested it covers nothing at all. Mr. BFKRITT. I desire to say that although this report is signed by the chairman, and although I consented to this last section, I did it witlfout a full understanding of it, and with the belief that I would hear from certain gentlemen on this floor, a good and sufficient reason for the insertion of such a clause as this in a fundamental law of the territory. I more particularly refer to the gentleman from Laramie, Mr. Fox, who seemed to have a great anxiety about this. I believe tlie whole matter is covered by the preceding sections of this bill. I believe the bill as presented by the committee needed no amendment in any material respect, and would give us the most perfect water system that has been tried in this coun- try. It is the system that has: been adopted by all the irriga- tion countries in the world except the United States, If I can- not hear some good reason why this section should be retain- ed I shall vote to strike it out. Mr. FOX. Since I have heard so much discussion in regard to this matter I have come to the conclusion that the best thing this convention can do is to strike out the whole busi- ness and insert a chapter stating that the legislature shall make such laws as are necessary to govern the water rights of the state. That Avill cover it and leave it where it properly belongs. My oFject in introducing this proposed amendment was to cover certain cases, and which is the argument I pro- pose to present. If Ave are going to pass laws to regulate this water rights question, something of this kind should be insert- ed, and is what we need. My object in offering this section and wanting it in the constitution was to protect settlers who want to settle upon the public lands, but where they cannot get. water. I will cite the Laramie plains, where there is ex- cellent land ten or fifteen miles from the river, and if a person takes up a government section he is not able to get water for the land. He cannot get water unless he buys the railroad section. T want some provision so the Laramie plains can be settled, and they won't be settled in the next twentv-five PROCEEDINGS AND DEBATES. 59' years to come unless some provision is made whereby a poor man can get water, aiid I want some provision whereby these parties who have constructed this ditch and taken out all the water shall be compelled to supply these settlers with it, and that they shall sell it to them at the same rate they would to a man who owns a railroad section. I think where a ditch is constructed like a railroad, for the purpose of carrying water, it should be a public carrier, and should be regulated under the corporation laws. This was my idea of it. Mr. BROWN. I don't understand Mr. Fox exactly. It seems to me if I understand his amendment, it will prevent the- very thing he wants to accomplish, he says these ditches shall be declared common carriers. The case referred to by him on. the Laramie plains for instance. There is a company that owns a large tract of land, alternate sections, they have con- structed a w r ater way for the purpose of conducting water upon, their own land. As I understand it they do not propose to sell it to anybody. They are not conveying water to sell. But they simply say to the people if you buy our land we w r ill al- low you so much water to go with the right to the land, as a part, of their vested right to the land itself. They are not pub- lic vendors of water in any way, selling it to the public that may demand it. They sell it as an interest attached to the land itself. That is they sell the land and deliver so much wa- ter with the land. If that is the situation it will defeat his- object it seems to me. Mr. FOX. I guess that is the situation. I think the amend- ment contained in this report would cover it better than any amendment. Mr. COFFEEN. This is my position on this whole irriga- tion question. I shall favor striking out everything except the first section, declaring the right of the state to the waters of the state. This is a first and fundamental principle which I believe properly belongs to a constitutional convention to declare, but I am opposed to all the rest of this proposition ex- cepting that the state shall be divided into four grand water divisions. That is all I am in favor of. Mr. BAXTER. I move to strike out Sec. 6. Mr. POTTER. I have not been heard on this subject of ir- rigation, but if this motion is made I w r ould like to amend it. My only reason for desiring to strike out Sec. fi is because of the failure of the amendment to accomplish, if I understand it, the object desired by the amendment. It seems to me when you declare all of the ditches of the state public carriers, that you subject them to the enforced selling of water. I may have three or four hundred acres of land, and only water necessary to irrigate that land, now some man may settle along my ditch' 5 10 CONSTITUTIONAL CONVENTION. and I would be compelled to give him half my water. It should not be entertained for a moment. If YOU will allow the section to stand and amend it so it will read "operated for the purpose of selling or supplying water, shall be deemed public carriers" I think it will be all right, but as the section now stands it ought to be stricken out. Mr. SMITH. I want to ask what the amendment is be- fore the house. Mr. CHAIRMAN. The question before the house is the amendment of Mr. Baxter of Laramie to strike out Sec. 0. Mr. SMITH. I move to amend the amendment of Mr. Bax- ter so as to strike out Sees. 1, 2, 3, 4, 5 and 6, and insert a new section in lieu thereof, as follows: "Sec. 1. The waters of all streams, springs, lakes and other collections of still water within this state is hereby declared the property of the state, subject, however, to appropriation for beneficial uses, under such rules and regulations as may be provided by law." Mr. JOHNSTON. I hope this motion will not prevail. This report has not been prepared carelessly. It has been prepared after consulting the best authorities in the country with re- gard to this matter. It has been submitted to them and con- sidered by them to be the best constitutional clause that there is in existence in regard to this matter. Now if we are not prepared to take the advice of those who have given this a great deal of study. I thing we are making a great mistake. It has been found necessary in all states where irrigation is known, to have some head to this, and Colorado has adopted this system of superintendents which we have proposed here. They found it absolutely necessary that something of that kind should Be done. Now why not provide it here and settle it beyond a doubt and not leave it to the mercies of the legis- lature. It is conceded that it is absolutely necessary that we have something of the kind, and I sincerely trust this motion will not prevail. Mr. HOLDEN. As a member of your committee on irriga- tion and water rights, I would like to state some of the rea- sons that lead this committee to present this report. In the first, place we believed that the doctrine contained in Sec. 1 was sound. That it was not only founded on good sense but on justice. Again, the legislatures of this territory have at- tempted to deal with this question, and from time to time dem- onstrated their ignorance of the whole matter, legislating in one direction at one session, and undoing all their work the next. Now in order that the work of irrigation and reclaima- tion shall move forward, it is necessary that we should have some fixed laws by which we act. We thought it wise to take this matter away from the legislature and adopt a rule that PROCEEDINGS AND DEBATES. 511 shall have some wisdom in its method, and then abide by that rule until such time as it is apparent to the whole state that these things are actually founded on injustice. Consequently Ave considered, in view of the fact that this territory was nat- urally divided into four grand water divisions or waiter sheds, that it would be best to place the control of this water in the hands of the state engineer and four assistants, who shall, control this entire matter. This was the conclusion ar- rived at by this committee after a good deal of laborious work, and as my friend from Converse, Mr. Harvey, has said, that notwithstanding this may be legislation, it is good legislation, and we therefore ask reasonable consideration of this matter. W r e believe we have given more attention, more hours of labor to this matter, than perhaps any other members of this con- vention. It has occupied our attention since the beginning of this convention, and I believe we have reached about as ex- cellent a result as could be reached. For this reason I am op- posed to the motion. Mr. CHAIRMAN. The question is on the amendment to the amendment offered by the gentleman from Carbon, Mr. Smith. Are you ready for the question? All in favor of the motion will say aye ; contrary no. The noes have it ; the amendment is lost. The question is now on the amendment as offered by the gentleman from Laramie, Mr. Baxter, I believe, that Sec. 6 be stricken out. All in favor of the motion will say aye; contrary no. The motion prevails. Mr. RINER. I move tnat when this committee arise they report back this file with the recommendation that it be adopt- ed as a part of the constitution, as amended. Mr. BROWN. I am opposed to the motion. I am opposed to it on the ground of Sec. 3 as it now stands. It is in the way of a proper application of the waters of the state. Sec. 3, as it stands, priority of appropriation gives the better right. I am opposed to any such doctrine. I believe it is pernicious and an outrage upon the people. Would you say that because a man goes out first and appropriates a portion of the water, that that not only gives him the better right, but that the matter of appropriation shall be conclusive? You are establishing a precedent that you cannot get away from, and one that will control the distribution of waters in this state as long as this constitution shall be in existence. I don't believe in it. I be- lieve that priority of appropriation should be considered as between parties, out that it should be considered with all the other equities in the case. Mr. JOHNSTON. I know this was Maj. Powell's idea about this matter. 5 I2 CONSTITUTIONAL CONVENTION Mr. COFFEEN. I had several conversations with Maj. Pow- ell in regard to this matter, and had no such idea or informa- tion advanced, and I do not think that it is a good thing to consider as an argument in this. I believe, as the gentleman has stated, that before we leave this we should consider this- a moment. I think in leaving this stand as we were about to leave it stand, we were cutting off all other considerations of equity, and they should be considered in the adoption of this. I am therefore opposed to rising and reporting at this time. Mr. CHAIRMAN. The question is on the motion that when this committee rise and report, it report back this file with the recommendation that it be adopted as amended. All in favor of the amendment will say aye; contrary no. The ayes have it; the motion prevails. Mr. RINER. I move this committee now rise and report. Mr. CHAIRMAN. The question is on the motion that the committee now rise and report. All in favor of the motion will say aye; contrary no. The ayes have it; the committee will now rise. Mr. RINER. I move the report of the committee be adopted. Mr. COFFEEN. Does that correspond to recommending it for final reading? Mr. PRESIDENT. It only adopts the' report of the com- mittee. Mr. COFFEEN. To test the matter I move that the re- port of the committee be adopted with the exception of Sec. 3, which shall be referred back to the Irrigation committee. Mr. IUJRRITT. I rise to a point of order. The only ques- tion that can be properly considered is the motion to adopt or reject the report. If the convention wishes to reject the re- port in order to rectify it, it can do so, but it cannot be done by way of any amendment. Mr. PRESIDENT. The chair is of the opinion that where a report of a corninitttee is made and the question arises oh its adoption, it is not parliamentary to move an amendment to the motion to adopt. We may reject or we may adopt, or on a motion of the convention that the matter of the report is devisable it may be reported, and the sense of the conven- tion adopted on the several portions recommended. This re- port contains but a single recommendation. The motion is that we adopt the report of the committee. The committee reports this matter back with the amendment with the rec- ommendation that it be incorporated in the constitution. As the matter stands it is not a proper motion to amend the mo- tion to adopt. PROCEEDINGS AND DEBATES. 513 The question is on the motion that the report of the com- mittee be adopted. All in favor of the motion will say aye; con- trary no. The ayes have it; the motion is adopted. Mr. RINER. I move the committee take a recess until 2 o'clock. Mr. PRESIDENT. The question is on the motion to take a recess until 2 o'clock. All in favor of the motion will say aye; contrary no. The ayes have it; the convention will take a re- cess until 2 o'clock this afternoon. AFTERNOON SESSION. Saturday afternoon, Sept. 21, 1889. Mr. PRESIDENT. The convention will come to order. Mr. PRESTON. I ask the unanimous consent of the con- vention at this time to be allowed to submit a report by Com- mittee No. 2, referred to them for their consideration. I would state that Mr. Holden did not sign the report. Mr. PRESIDENT. Is there objection to report of Com- mittee No. 2 being received at this time? The chair hears none and the report of the committee may be presented. (Report of Committee No. 2.) Mr. PRESIDENT. Gentlemen, you have* heard the report of Committee No. 2, what is your further pleasure? Mr. NICKERSON. Committee No. would like to make a report. Mr. PRESIDENT. What is your pleasure, gentlemen, as to Committee No. 9 being received at this time? The chair hears none. The report of Committee No. 9 will be read. (Report of Committee No. 9.) Mr. PRESIDENT. What is your pleasure, gentlemen, as to the matter reported by Committee No. 9 ? Mr. RUSSELL. I move that the report be referred to the committee on printing and ordered printed. Mr. JONES. Second the motion. All in favor of the motion to print will say aye ; contrary no. The ayes have it ; the motion to print prevails. Gentlemen, Files No. 25 and 57 reported back by the com- mittee of the wiiole, unless otherwise ordered by the conven- tion will be referred to the committee on engrossment, with the amendments that were adopted. Substitute for Files 9 and 36 have been reported by the committee on engrossment as correctly engrossed. They are now on the general file for final action. If there is no objection they can now be taken up and the matters on the general file for final action now disposed of. 33 CONSTITUTIONAL CONVENTION. Mr. RINER. I move that the files now ready for final ac- tion be now finally read. Mr. BURRITT. Second the motion. Mr. PRESIDENT. It is moved that the files reported as correctly engrossed be now finally read and put upon their final passage. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the mo- tion prevails. Mr. HAY. Has Rule 4 been suspended? I move it be sus- pended for the afternoon. Mr. PRESIDENT. If there is no objection Rule 4 will be suspended for the afternoon by unanimous consent. The sec- retary will read the substitute for Files 9 and 36. (Final reading of the file.) The question is on the passage of the file as read. So many as favor the adoption of the file as a part of the constitution will say aye as their names are called; those opposed will say no. The secretary will call the roll. Mr. PRESTON. Maj. Baldwin has been called home on im- portant business and has requested that he be excused by the convention. He could not avoid going. (Roll call.) Mr. PRESIDENT. Gentlemen, the vote is as follows: Ayes, 35; naves, none; absent, 14. By your vote, gentlemen, you have adopted substitute for Files 9 and 36 as a part of the constitu- tion. The next file is substitute for Files 51 and 56. As tive department. Final reading of the file. The question is on the final passage of the substitute for Files 51 and 56. As many a& are of the opinion that the substitute do pass as a part of the constitution will say aye; those of the contrary opinion will say no. The secretary will call the roll. (Roll call.) Gentlemen, the vote on the substitute is as follows: Ayes, 36; absent, 13; noes, none. By your vote you have adopted the substitute for Files 51 and 56 as a part of the constitution. This disposes of the matters on the general file for final pas- sage. Mr. RINER. I move that the file in relation toi the judic- iary department, as reported by the committee of the whole be considered the engrossed file, and that it be put upon its final passage this afternoon. I do this for the reason that there are a number of gentlemen here who are interested in that mat- ter, and they have the right certainly to vote upon the ques- tion, but they will be necessarily absent next week. Mr. BARROW. Second the motion. Mr. TESCHEMACHER. The engrossing clerk is now at work on that bill. PROCEEDINGS AND DEBATES. 515 Mr. RINER. I move that the committee on engrossment be requested to return the bill to the house. Mr. PRESIDENT. It is moved that the substitute for File No. 50 in relation to the judiciary department, be taken as the engrossed copy and finally read and put upon its passage, and that the engrossment committee be requested to return the file to this convention at once. Are you ready for the ques- tion? All in favor of the motion will say aye; contrary no. The ayes have it ; the motion prevails. Mr. POTTER When this substitute conies up for final read- ing I desire to say I will have some amendments to offer. Mr. TESCHEMACHER, Mr. President, your committee No. 19 beg leave to return File No. 50 as requested. Mr. PRESIDENT. Gentlemen, the file is now before you for your action. Do you wish to have it read finally, or sec- tion by section, or call for sections which you desire to amend? Mr. POTTER. I desire to offer an amendment to Sec. 4. Mr. PRESIDENT. Sec. 4 may be read and the gentleman may offer his amendment. I desire, before there is any amend- ment offered, to state the situation as to this file. When I come to recall the action of the convention the motion was that the file be called up, taken as the engrossed copy and finally read and put upon its passage. I doubt whether under that action of the convention it is open to amendment, but if the convention desires to have it that way, the chair is willing it should be so, but the other motion would seem to cut all amendments off. Mr. POTTER, The amendment I have to offer is in ref- erence to the supreme court, and I respectfully ask this conven- tion to consider it. If this amendment is carried I have sev- eral others to make, and I will state that the amendment I propose to offer will change this entire measure. It relates to the organization of the supreme court, and I wish to state 'by way of personal explanation, that these amendments are in opposition to my previous record in voting in committee of the whole. It has been said outside of the convention that the le- gal fraternity had created this measure, that the others had not expressed their opinion fully on the matter, and that there w^as very great danger if this bill passed as it Is at present, the constitution would not be ratified by the people, largely on this account, and I am willing to waive my own inclinations as to the proper organization of this court, because I believe that the most material thing we wish is the ratification of the constitution. The substitute I desire to offer for Sec. 4 is as follows: ' k The supreme court shall consist of four justices, to be district judges, and their terms shall be six years.'- CONSTITUTIONAL CONVENTION. Mr. B1RRITT. I would like to ask Mr. P*otter if this is the best form for a supreme court? Mr. POTTER. In answer to Mr. Burritt I would state that I don't believe under all circumstances it is the best form for a supreme court, but as I said before we are going before the people with this constitution. I am informed that the organi- zation of a supreme court, with three separate and distinct judges from those of the district court, is meeting with great opposition in all parts of the territory, and I would rather f rrego having a supreme court than not have a state. T would rather forego having a supreme court as we have adopted in committee of the whole, than to have our constitution fail to be ratified, and for that reason I offer the amendment. Mr. BURRTTT. I presume, Mr. President, it is within the remembrance of every gentleman on this floor that the gentle- man from Laramie, Mr. Potter, very eloquently the other day besought this convention and every member of it if he be found occup3'ing a position inconsistent, that he did not believe was right, that his attention be called to it. Therefore in all friend- liness to the gentleman from Laramie I now call his attention to the fact that he is inconsistent. He says it is not right, and yet for policy sake he desires to make the amendment. Mr. POTTER. I wish to make an explanation before this is discussed, because I wish to say that this cannot be dis- cussed in my judgment until I explain what my theory is in reference to it. We cannot meet the whole thing at once. I have here further amendments providing that the legislature may provide for a separate supreme court. Mr. MORGAN. I jbelieve that the best possible supreme court is an independent supreme court. I am willing, however, to change my mind whenever I please when sufficient reasons are presented to me. Now the proposition of the gentleman from Laramie provides that for six years there shall be four judges, who shall constitute the supreme court. Now that is better than the method we have heretofore had. Now I am satisfied to reverse my position upon this matter, because I will get to a certain extent what I want in regard to it. We cannot expect to get everything all at once, and because we take part of what we want is no abandonment of what we reailly desire as a whole. If I get about one-half of what I want I am pretty well satisfied. Therefore I intend to sup- port Mr. Potter's amendment, and concede to the opposition, who are afraid of this supreme court business, for six years, but all the time retaining the principle upon which I started out that a separate supreme court is the most perfect one. Mr. CLARK. For several days I have been sitting still in my chair, or as still as I could sit, while this poor little supreme court business had been tossed about from pillar 'to post in this PROCEEDINGS AND DEBATES. 5 [ 7 convention. I had hoped that the matter was finally settled as far as this convention was concerned. I had hoped for the reasons so eloquently presented by Mr. Potter, from Laramie, we should have a separate supreme court. I am unable to see any reason to change my conviction from the 'very first, that the only way to make a supreme court is to make an independ- ent supreme court. I see no reason why the gentleman at this late date is converted, unless it be his apparently insane desire to make amendments. There is not any reason which he pre- sented on last evening, or on other days when this matter was discussed, not on which he has presented but has equal force at this time. If he was right then, if he was honest, he is right now, I came here to try, to the best of my ability, to serve the people of Wyoming. I cannot serve the people of Wyoming to the best of my ability unless I ask in this consti- tution such a provision in regard to the courts shall be pre- sented to the people for their adoption as I consider the best. I will not vote for a measure in this convention that I do not think is the best on that proposition. I will support any meas- ure that is adopted by the convention, but I will not give my support in the convention and as a member' of the convention to a proposition that I do not consider the best, and I ask any of the gentlemen of this convention, I ask the same questions that are asked by the gentlemen from Johnson, is the propos- ed amendment, striking out this supreme court, would it be the best thing for the people of the territory of Wyoming? I be- lieve not, and as I started I will finish, I believe that the only supreme court is an independent supreme court. Mr. HABVEY. I only desire to express my astonishment at this new method of framing a constitution. This matter was brought before this body, we deliberated upon it, and came to a decision. Now we are to rush out upon the street and ascer- tain what may be the popular idea, and come back and alter our convictions of right and justice. I deny that the people are opposed to a supreme court. I ask authority upon this sub- ject. Who was his informant that the territory does not want an independent supreme court? There has been some opposi- tion to it in this convention, but the opposition in this conven- tion was apparently converted. This has a very peculiar aspect to me. I am astonished at this sudden change. Why was it not brought up before? I can see no reason for changing the course already taken by this body. I am astonished, if nothing else, I must admit. Mr. BARROW. I would like to give my friend one good reason why the supreme court as made by the suggestion of Mr. Potter is preferable. The onlv argument advanced so far, to my knowledge, against statehood, is the matter of expense. 518 CONSTITUTIONAL CONVENTION. I think that every gentleman in this hall will bear nie out in saving that there is a strong opposition, at least an opposition worthy of consideration, against statehood in this territory. The question of expense is the only argument they have to stand on. An independent supreme court strengthens that ar- gument, and gives them something to argue on. If we can save six or nine thousand dollars by the method proposed by Miv Potter, we destoy absolutely the only argument against state- hood. I know there is a strong feeling in this matter through- out the territory. I learned something of it before I came here and more since. At least one member of thi body has already left for his home, I refer to Maj. Baldwin, muttering threats against the action of this convention in advocating a separate and independent supreme court. He will go back among his people, and if that feeling exists in Fremont county, he will ferret it out and add to it. I don't believe that any man will , say that a supreme court consisting of four judges, three to sit on a case, the man who has already passed- upon the question to be debarred, is nearly as effective or as fair in the adminis- tration of justice as an independent supreme court, but I do believe that w r e must consider this question of economy if we are going to submit a constitution to the people of this terri- tory acceptable to them, and in view of the protest that has been made, I think the only wise thing for this convention to do is to accept Mr. Potter's amendment. Mr. HOYT. I believe we are all here for the purpose of get- ting the best possible result, and I think it should be under- stood to be the privilege of every member w r ho has expressed an opinion upon any measure brought before this convention, to consider and reconsider and to hold his opinion responsible to none but the people who have sent him here, to the very mo- ment that he is obliged to give his vote upon the final passage of a measure, and I do not think that because the gentleman from Laramie had one opinion yesterday, and has another to- day, in view r of all the circumstances involved, and perhaps all the facts were not before his mind yesterday to Hie full ex- tent, should be called inconsistent. In my own opinion he would be more inconsistent to vote for it against his judgment. I voted last night in favor of this proposition, not however with- out misgivings, without some anxiety of mind as to w r hether we had done the best possible thins:, but hoping that before final action was taken there might be an opportunity to correct errors committed, if there should be shown to be any. Am I not correct in this, that we are to be free to act. so long as we act at all, and to call no one inconsistent. I suported this meas- ure bora use I believe in nn independent supreme court, I be- lieve that the measure as it has been adopted by the commit- PROCEEDINGS AND DEBATES. tee liere is a wise and just and reasonable measure. I believe it will promote the interests of justice in its workings out, (but I realize as does the gentleman from Laramie today, and as did our friend from Laramie yesterday, I realize that there is another consideration, the judgment of the people as to what is wise, and best, and we must pay some deference to their wishes, to what they want to do, and accordingly it has oc- curred to me to prepare an amendment, which might per- haps be a new section to be added to this file, unless already anticipated by Mr. Potter. It so happens that I did not clear- ly and distinctly hear his proposition when read. First, my conviction is that the measure is a good one, we shall have a supreme court as soon as we can have it, and second, we can afford to wait for it as a concession to the people w r ho are slav- ing in these hard times, and who feel more and more the pres- sure of circumstances, and they will therefore consider very carefully the amount of money involved in this statehood prop- osition to be laid before them with our constitution. Having traveled about a good deal I know that the question in many localities is a grave one as to whether it is wise or not, the}' are as patriotic as ever, as much desire admission as we, but they think it a mistake to apply for admission now on account of the condition of the territory, and that it will increase taxation too much. My amendment is this: "Until the valua- tion of property in the state shall equal millions of dollars, the judges of the supreme court provided for in this article shall not be elected, and said court shall not be organ- ized; upon the attainment of such valuation the legislature shall by special enactment provide for the election of such judges, and the organization of said court. Meanwhile the three district judges provided for in Sees. 10 and 13 inclusive of this article, shall constitute the supreme court, formed and continued as the supreme court has been formed and contin- ued, and as shall be prescribed by law." This allows our con- stitution to stand as perfect as we can make it, with an inde- pendent supreme court in it, and prepared to go into operation just as soon as the state can afford it, and we can in- duce the people to ask the legislature to set in operation the supreme court. Mr. RTNER. T have sat here for two or three days n.rid listened with considerable interest to the discussion had for the last two days, in regard to this supreme court. I think it is pretty well understood in this convention w r hat my views are on that question, although I have not up to this time found it necessary, or thought it necessary, to say one word, because a mere statement of the facts to an intelligent body of men seemed to me to take away all necessity for argument, 520 CONSTITUTIONAL CONVENTION. upon such a proposition. I take it, Mr. President, that one of the principal tilings we want, if we are going- to fae a state at all, is to take us out of this objectionable territorial condition under which we are now. I say, Mr. President, if the people of this territory refuse to ratify a constitution that contains all of the machinery, and the proper machinery, and I may say the only proper machinery, for a state government, let us re- main a territory until they are willing to ratify such a consti- tution. One of the great evils of a territorial government, and it is conceded by men who take the opposite view, that one of the evils and one of the great evils, is that; our people are de- prived of their right of appeal. They are deprived of a right which they are entitled to have so as to have their property rights protected, to have their rights retried by three impar- tial men in an independent supreme court. Now it is argued here that with these judges, by allowing one to go off, you would have comparatively an independent supreme court. It is apparent to every intelligent man that you would make your court worse instead of better. If we are going to have four judges, let us have them all on the bench, so that when I have occasion to criticize any of their opinions I may do it to the man's face and not be misrepresented. I say, Mr. President, that it is to the credit of the judges of the district court to say that they are unfit to sit in the supreme court on their own cases. True, in the hurry of a trial, a judge may commit er- rors, which he would himself be glad tot correct. But in that case, when there is filed in his own court a motion for a new trial, and it is argued by counsel, he is fully informed on all the facts, and if he is a man fit to fill his position he will not re- verse himself in the supreme court. I say to you, when you say our people are not deprived of the light of appeal, you can- not go into the supreme court without at least the judge who tried the case below against you. It is a compliment to that judge, because if he is fit to fill his position in the district court he will be against you in the supreme court, and every- body knows that . If he is a man who is going to change his opinions, as members of this convention do, with every whiff of the wind, then I say get him out of the district court, for he isn't fit for a justice of the peace. I don't believe this thing that the people of this territory will not ratify the constitu- tion, if we frame a careful constitution, and put it in shape to put into operation a full and complete machinery for a state government, just because some member of this convention says "I don't believe in a supreme court." You must all concede that it is the only court that can be called a supreme court at all, if you concede, as I do, Mr. President, that the judges are honorable men and competent to fill their places. I may say, PROCEEDINGS AND DEBATES. 521 as some others have said, that I have talked with the people about this question, and I go about this territory perhaps as much as any other man in this convention, I have talked with men in Sweetwater county, and with men in TJinta county, and I don't speak of those men who have property rights which must be passed upon by the courts, I have talked with men in Sheridan county, I have talked with men in Carbon county, in Albany county, and men in Laramie county, and I find that the universal sentiment is very largely in favor of a supreme court, and an independent supreme court, where a man knows wiien he takes his case into court, he can go there and get full and impartial justice. Now I say that all the ar- gument and the only argument that can be brought against this proposition is the one of expense. Here we prophesy that we are to be a great state, Mr. President, and yet the argument is used here that because a supreme court is going to cost us six thousand dollars a year, we should give it up. We expect to be a great state, let us then here frame a constitution which will put into operation full and complete machinery for a prop- er state government, and I believe the people will ratify it and gladly ratify it. If we are not far enough advanced to do that, let us remain in our territorial condition until we are. If by statehood we are not to better our condition, let us remain as we are, and let the United States pay for our judges. That is the way I feel upon this question, and if six thousand dollars, Mr. President, is to prevent the people of this territory from ratifying this constitution, then I say let them vote it down before we ever submit to such an amendment as suggested (by Mr. Potter. He himself, as a lawyer, concedes that the princi- ple of the thing is w r rong, and he is honest when he says that, yet for policy's sake he sacrifices the principle, and puts us in the same condition 1 hat we are in today, when the purpose of forming this constitution is to get us out of that condition and to better ourselves. If we are to sacrifice principle and lay aside everything but the question of policy, then let us adjourn tonight and go home. We are not here for that purpose, Mr. President, we are here for the purpose of framing a constitution and preparing all of the machinery for a proper state govern- ment, and unless we can do that and do it from principle, let us quit at once and go home. There is not a man I have talk- ed with that is opposed to this entire thing but what says J concede the supreme court is the best, it is the thing that ought to be done. Why deprive them of the right of appeal for six years? If it is wrong today it is wrong every day that it ex- ists. You say that the principle is wrong, yet you are going to deprive the people of this territory for six long years of a right which vou sav thev should have, I think when this convention 522 CONSTITUTIONAL CONVENTION. comes to consider this question they won't change their view* from those expressed here in committee of the whole last night. Mr. HOLDEN. I do not care to discuss this question for the reason that this matter has been pretty well ventitlated by va- rious members of this convention already. I desire to offer but a single remark. Wlien I was a boy I remember reading a story which is doubtless familiar to all the members of this convention, and it is substantially this. On one hot summer's day an old gentleman and his boy started across the plain. They had one little donkey, and as it was impossible for them both to ride, the father said to the son : "Boy, you are younger than' I and perhaps you won't feel the effect of the burning rays of the summer's sun as I will, so I will ride and you can walk." In this w r ay they started out, and they had not gone a great ways when they met a party of people, and they said, "What sort of a father are you, what sort of affection do you have for your children, that you ride along at your ease, wnile your child is plodding along through the heat?" The old gentleman reflected a moment, and said to his boy, "Well, boy, perhaps I am wrong, you get on and ride, and I will walk.' r They had not gone far in this Avay when they met another par- ty and they said, "What sort of an ungrateful child are you tot let your old father walk along through this burning heat; why don't you both ride?" Well they thought perhaps that would! be a good plan, so they both got on the little donkey, and they met another party who said, "Why don't you carry the little thing instead of making it carry you?" So they tried that and found that didn't suit the next party. Now sir there is a mor- al to be learned from this little fable, and I have during the entire course of my life been endeavoring to reduce that moral to practice. The only desire I have upon the face of God's earth is to know I am right, and if I have the approval of my own conscience, feeling that I have the approbation of my Father in Heaven, I tell you, gentlemen of the convention, I don't care if all the people in the universe say I am wrong. I did not come here, sir, for the purpose of pleasing the people of TTinta, nor the people of the territory of Wyming, I am here, sir, for the express purpose of framing a constitution which shall be right in all its provisions. I believe, sir, that'the principle involved in an independent supreme court isi right, and rather than go into the union without an independent supreme court, as the gentleman has just remarked, I would prefer to remain in a territorial condition until we can come in with it, and are able to set up business on my own account. I suppose that the cluiT^c that this mf-asure comes from the bar will not properly apply to me. I am a simple ranchman living ninety miles from PROCEEDINGS AND DEBATES. 523; the county seat, simply conducting my little ranch and taking care of my cattle and horses. That is all I have or expect to- have. Mr. PRESTON. Several gentleman in this convention have made some bright remarks in regard to the necessity of a su- preme court. I will say to you, gentlemen of the convention,., that had I known that this question was coming up for ar- gument this afternoon, in order to lay in the shade everything that has been said why we should have a separate supreme court, I Avould have got from the stenographer a copy of Mr. Potter's speech and delivered it here this afternoon upon this question. They claim that we should not have a supreme court for the reason that the people of the state of Wyoming will be so poor that they cannot pay the extra expenses. The same gentlemen who have advanced that idea to this convention, when the proposition was presented to you for your considera- tion to reduce the erpenses of this territory of AVyomirig, by having one representative on the floor of the senate from every county in the state of Wyoming, asked for an increase of sen- ators that will heap upon the taxpayers of this state an in- crease of taxation from three to six thousand dollars a year, and I say to you, gentlemen of the convention, that the state senate is no comparison to the importance of the supreme court. It is true that the governor of the state and the other officials of the state are of some importance to the state, but the machinery of the state is in the supreme court, and unless the machinery of the state and the policy of the state is such as will administer justice to all alike, then I say to you, gentle- men of the convention, as Mr. Einer has said, let us adjourn and go home. We have not come here, as I said last night on this question, for the purpose of considering the hobby of any man, or for the purpose of considering the hobby of any politi- cian in the territory of Wyoming. Now it is claimed that if the question of an independent supreme court is embodied in the constitution of this territory that the people will vote down this constitution. As it has been already inquired, I would like to know where this authority comes from. It has been said in* this convention that Maj. P>aldwin left this convention simply because they had decided to have an independent supreme court, I simply say to you, gentlemen of the convention, that the gentleman who made that statement has simply been mis- informed. It is true that the major did object to an independ- ent supreme court, and there are many other things that the major thought are inexpedient, but that is not the reason he left the convention. It w r as simply for the reason that import- ant business called him home, business that he could not avoid going there to look after. CONSTITUTIONAL CONVENTION. Mr. HOLDEN. Maj. Baldwin told me this morning that he thought the principle was right, that we ought to have an independent supreme court. Mr. PRESTON. Now then, gentlemen of the convention, if the rights of the people of Wyoming, if the rights of those who are compelled to go into litigation, is to be jeopardized by wiping out of this constitution one of the most important ele- ments, one of the most important principles of a state govern- ment, then I will say to you, gentlemen of the convention, that you are mistaken if you think that the people are going to support a constitution that will jeopardize their rights and their interests. What does the amendment mean, and more particularly what does the gentleman mean when he intro- duces the amendments? Mr. POTTER. None of your business. Mr. PRESTON. Perhaps it is none of my business, but I have the right to inquire what is meant by the introduction of the amendment. It means this, that instead of having three supreme judges in this state, that it is to be divided into four districts, making four judges in all, and all this constitution has asked for is six judges, just two more than is provided by the gentleman's amendment. One more judge that it will take the same salary to pay, the additional judge in this additional district, that it will take to pay one of the supreme judges. Now then there Avill be two more supreme judges in an inde- pendent supreme court, and they have got to be paid for by the people of the state of Wyoming, and that will amount to six thousand dollars. Now I ask you, gentlemen of the conven- tion, that if out of one or two hundred cases there will be scarcely one case that will go to the supreme court, unless there is a sum equal to the salary of the supreme court, involved? And I want to ask you further, is there any man, who if com- pelled to litigate for his rights, if he goes into court to. litigate, and while in that court his rights are jeopardized, a decision is procured that is detrimental to his interests, a decision that is wrong, a decision that an independent supreme court might reverse, I want to ask you if a single man in that position cares to go to a supreme court where he will find the gov- ernment jack knives in him? I say to you, Mr. President and gentlemen of the conven- tion, that so far as the pitiful sum of six thousand dollars is concerned, it is absurd to ask the people of this territory, to this convention, to wipe out of the constitution, an independ- ent supreme court, simply upon a protest that conies from you don't know where. Mr. CAMPBELL. It will be remembered that when this matter was up last Monday I spoke upon the question, and have PROCEEDINGS AND DEBATES. 525. kept quiet ever since. Now I am in favor of a supreme court from conviction, yet at the same time if we cannot get into the union as a state without abandoning an independent su- preme court, I am in favor of abandoning a supreme court. But I don't think it will be necessary. I don't believe that the people of this territory are so bigoted, so stingy, that they will refuse to ratify this constitution and ask for admission to the union, simply because of this matter of six thousand dol- lars. I have much mistaken their temper and liberality if that is the fact, and I w r ill be very sorry to learn that that is the fact. Now the judiciary committee last Monday brought in and asked as a special favor that the convention should de- cide then whether or not we should have an independent su- preme court. After some discussion participated in by those in favor and against it, it was decided by this convention that we should have an independent supreme court. This commit- tee was then ready to report a scheme for the courts of this territory. They formulated their report upon that basis, and very much to the surprise of this committee, last evening that question was opened up again, and decided again. Now I mere- ly wish to say, Mr. President, that if this amendment of Mr. Potter's is to be considered in this convention, then I say that this whole matter should be referred back to the judiciary com- mittee. As I say, this amendment conflicts with the whole scheme of this bill, and it will be necessary to refer it back to the judiciary committee so as to make the necessary altera- tions. We shall have to have county courts, because they will be some proptection, to the people, and if you have county courts, you will have to have a judge in each county, and it will be much more expensive than an independent supreme court. I shall vote first, last and always for an independent supreme- court. Mv. BAXTER. I have taken occasion once or twice to ex- press my opinion upon this question, and I have seen no reason as yet to change it. I believe that an independent supreme coiirt is as essential to the proper administration of the af- fairs of this state as any provision we can insert in the consti- tution. I just want to make one remark touching upon the fear that some of the gentlemen here seem to have, that this proposition is going to be defeated. They_ seem to be afraid the people won't ratify it, and I am induced to give point to it, as Mr. Holden has, by a little story I once heard. I once heard of an old lady, who was asked by a friend of hers, what she thought of Mr. IngersolPs views. She said she had never heard of Mr. Ingersoll. Well, said her friend, he lectured here recently, and he says the Bible is not true. What, says the Gfld lady, he says the Bible is not true? He says there is no CONSTITUTIONAL CONVENTION. God? What, says the old lady, he says there is no God? In ad- dition to that her friend continued: He says there is no hell. With that the old lady sprang from her chair, "What," she exclaimed, ''lie says there is no hell, does he? Well, he'll see; 3ie'll see." And I think we will see whether the people will en- dorse this proposition or not. I believe the people will have it, they understand the importance of a supreme court and are go- ing to protect their interests properly. Mr. CLARK. It makes no difference to me in my vote upoa .this proposition whether Maj. Baldwin holds to the opinion that we should have a supreme court or not, and I take it that his opinion alone would not decide what would be the proper course for this convention to pursue. Now I want to ask this convention whether they want to give up an independent su- preme court simply because they think they can buy justice a little cheaper? Mr. POTTER. Let me say first that I don't believe it is a very good argument against- a measure to reflect upon the mo- tives of the person who presented it, and it makes no difference to me whether every member upon this floor is surprised, is as- tonished at my action. I always do what I consider right; I may be mistaken in my notions of what is right, but they are .honest so far as my motives are concerned. Now as to what I said the other day that if I was inconsistent, let any one call my attention to it, what I said was that if I voted upon this floor for anything that was not consistent with the equality of .all men, then call niy attention to that vote, and I will change it. That is what I said, and I still insist upon it. Now then I offered this amendment at the request of a member of this convention, who is perhaps too modest to get up here and make an amendment of this kind. I also offered it because it has been stated here that just as soon as this question was brought up here, the lawyers got up and occupied all the time, and that everyone seemed to be afraid to oppose this measure, and al- though they talked outside in opposition to it, when they came to the point, no one opposed it, and I want to say just now that thev don't deserve any reperesentative on this floor. The very persons who have talked with me about this matter have been as still as mice during the discussion and passage of this bill, and it almost makes me feel like voting against my own amend- ment. I would vote in a minute for a supreme court in prefer- ence to a county court, if you are going to have county courts, they will be much more expensive and not nearly so efficient. As I say, it has come to my recent knowledge, I may have been misinformed, but it has been stated to me very strongly by those who pretend to know, that the people of this territory had considered this matter, and were strongly opposed to an PROCEEDINGS AND DEBATES. 527 Independent supreme court. Now then I prefer statehood with a supreme court as mentioned in this amend ment, rather than remain a territory, although some of the other* would not. I don't consider an independent supreme court all we are after in becoming a state. I consider there are other material ad- vantages we would get with statehood that would outweigh the difficulties we would have in a supreme court as suggested an my amendment. Treat me fairly in this matter and don't mistake my intentions, or motives, or my ideas of these things. In the first place I have never made a speech on this question except once, and that was one day when the judiciary commit- tee asked leave to submit their proposition, and I don't think .any eloquent speech that I made at that time can be quoted as against my amendment, for all I said then, and the judic- iary committee will bear me out, in what I said in committee meeting, that while T was in favor of a separate supreme court that I was afraid that the people would not ratify it, and Mr. Harvey and I talked it over together, and we thought it a very important matter as he will agree with me, and we botli went into the committee room w r ith fear. While we both want- ed an independent supreme court, we were afraid that the people would not ratify it. I stand now just where I did when this matter was first before this convention, I am in favor of 4in independent supreme court if we can have it, but if we can't why let us have the next best thing. Mr. BUKRITT. Mr. Potter seems to construe my remark as ^, reflection upon his motives, there was nothing further from my mind than that. I had no intention of casting any reflec- tions upon Mr. Potter whatever. Mr. COFFEEN. The rebuke that has been administered to those who voted against an independent supreme court is some- what just, but there are however extenuating circumstances. IJiave seen one man after another get up here on this floor -and instead of making arguments against the gentleman's amendment, have simply questioned his motives, and 1 have with great difficulty remained quiet, but it was difficult to get the floor without interrupting the eloquence of the gentlemen "here, and I wish to express my appreciation of the courtesy of the gentleman from Laramie who understands the exigen- cies of the situation, and who has done his simple duty in of- fering an amendment here on behalf of those who are opposed to the present establishment of a supreme court, separate from the one to be derived out of the four district judges. Xow I, whether fortunately or unfortunately, among those w T ho do oc- casionally and when reason is presented to me, change my mind I am among those who can be convinced. I have heard of those who cannot be. There are some here who will not be con- 528 CONSTITUTIONAL CONVENTION vinced and will do what they can to prevent others who can be convinced from seeing this matter in the proper light. I spoke on this question yesterday, and I regret exceedingly that we have not had more support in the way of addresses and speech- es on behalf of the non-professional element. I have no charge to make against the legal fraternity in this convention, but we must bear in mind that there is another side, I do not deny the force of the argument in favor of a separate supreme court, but if it is going to deprive you of the very hope of statehood then I think you are going a little further than good judgment would require, or justify. Statesmanship, gentlemen, as I ap- prehend it, does not consist in pursuing one point which you believe is important, and which if you cannot carry out, brings destruction to all that is good. Statesmanship has a regard for the circumstances which surround the people for whom yoir are exerting your efforts in a representative body. I know the circumstances surrounding the people whom I represent here, and if the means were sufficient, if the state was higher, fur- ther along in her development, it might be best to ha>e a sep- arate supreme court. But I insist, taking the territory in its present condition, taking that as a standard, I believe it a greater and more weighty reason for supporting this amend- ment that there is in going against it. This amendment pro- vides that in a certain time we hope toi be able and in shape- to have a separate supreme court, and as soon as we can afford to have a separate supreme court, we shall have it, and I tell you, gentlemen, that six thousand dollars a year is a pretty heavy expense to ask the people to endorse you in putting upon them. Mr. MORGAN. The motives by which a man is governed in his actions in a given direction should be judged by that man's character, by what people know of him, honestly or dishonest- ly. To attempt in a convention like this to impugn a members motives is not the act of a prudent or a wise man. It was an attempt, a sorry attempt, to use the whip to drive members in- a certain direction. Aside from the danger of endangering the ratification of this constitution, if such opposition exists, as has- been stated upon this floor, I am afraid that we are not able as taxpayers to stand the extra expense of this independent supreme court. In this bill we have fixed the very economical sum of twenty-five hundred dollars as the compensation of a supreme court judge, and we do not dare to put it any higher. We knew to do it was to endanger the ratification of this con- stitution, and upon that very argument we refused to establish offices which we knew ourselves could not be compensated as we knew they ought to be compensated. As to the popularity or unpopularity of this measure, I have- been- informed that PROCEEDINGS AND DEBATES. 5 2 9 some members who are in favor of this amendment and opposed to this idea of an independent supreme court have circulated that report. Mr. Chairman, there are measures which I would dearly love to see in this constitution, but I would not insert those measures even by the unanimous vote of this convention because I believe that the people of the territory are not ready for those measures. I believe it would be destructive to the ratification of this constitution. There are so many things which I would like to see in this constitution which would be *vise and pertinent in the way of progress, but I would rather deprive myself of something I desire than jeopardize the ra ti- nea tion of this constitution. Again, the plea is always made that it is only six thousand dollars, only a trifle, but you must bear in mind that with every office created in this constitution H will require an expenditure of an additional amount, and when you come to take the aggregate of all these trifling amounts, you will find that it w r ill amount to considerable. It seems to me that Mr. Potter's amendment will answer all pur- poses for the present, and when Ave are able to establish a sep- arate supreme court we can do so. Mr. HOLDEN. I want to make this statement. Since this convention has been in session I have had no opportunity of talking with the people of ITinta county, but my colleague, Mr. 'Jbu'k, has but recently, within the last two or three days, re- cur ned from the county seat of ITinta county, where court has been in session since the morning upon which this convention convened. At that court the leading men of ihe county were doubtless present, as they always are. I would like to ask him whether any one of the citizens there raised a single objection to this measure? (Clark: They did not.) Mr. HOLDEN. When I quoted to him my opinion, the re- mark which the daily newspapers here credit me with, namely: "That the people of ITinta county would prefer to remain in a territorial condition throughout the endless cycles of time than to surrender the right of the women of the territory to vote," he said I had voiced their opinion. And he added that they would ratify no constitution which this convention might make w r hich in any way interf erred with their rights. Mr. HOYT. I am not sorry that we have spent an hour or more upon this matter, because I deem it very important. That man is consistent Avho stands by his own convictions. Those convictions should change when right demands. I was aston- ished at some of the remarks made here this afternoon. I wish to say now simply that if it can be proven that the courts of Wyoming are today damnable, then I am willing to join hands to get rid of them and establish a better form of court than we have now, if the condition of things be such as stated by 34 53 CONSTITUTIONAL CONVENTION. the gentlemen who have most to do with the courts. I have nothing to do with them. Justice is of the utmost importance to a free people, and no government can be respected in which justice is not supreme, and so I say that if our courts are such that, justice cannot be meted out to these people then I am wil- ling to go hand in hand with you and establish a separate su- preme court, and take the responsibility of the extra five, or ten, or fifteen thousand dollars that may be necessary to se- cure justice, and I will support that measure and go before the people and support the action of the convention. Mr. BKOWN. I feel that this convention is perhaps upon the verge of a calami ty or I should not open my mouth upon this question. Something has been said about people's chang- ing their minds, I care nothing about that, - I heard a man say once he didn't know which was the biggest fool, the man who changed too often or the man who didn't change at all. Now, my inclination is to the belief that the man who can never change is the biggest fool of the two. Now that is all I have to say on that question. Now as to this matter of a supreme court. I believe every man in this convention wants to do his whole duty, and to do what seems best and will be best for the young commonwealth. The only question w r ith any of us is as to what is best, and in order to determine that question we are not to go out upon the highways and byways and consult politicians as to what they think about it, we are not to consult Tom, Dick and Harry, but we are to determine this question upon its real merits, each and everyone for ourselves, and on our best judg- ment. Now what is the argument that has been presented against an independent supreme court, or against* the measure which has been reported here as it now stands before this con- vention. They say we must change it on the ground of economy. I can say to you, gentlemen of the convention, that on the ground of economy, the way the courts are now constituted under this proposition, that they are more cheaply constituted than ever before in the history of Wyoming territory. There is no question about this; what do we do? We wipe out at one stroke the expense of probate courts in every county in the ter- ritory, and for these courts, probate courts, that cost from five hundred to a thousand dollars each in every county in the territory, we substitute a district court, that takes all the busi- ness of the probate courts. Here is one step toward economy in the expenses of the courts of the new state. Now taking these ten probate courts and adding together the expenses of each one, as many as there are counties in the territory, and the expense of maintaining them largely exceeds the expense of an independent supreme court as proposed in the constitu- tion of the new state. So then, if you object to this measure PROCEEDINGS AND DEBATES. 531 >on the ground of economy, you are in the wrong and not in the right. It is stated that this matter of an independent supreme be made special order for this evening. Are you ready for the question? Mr. COFFEEN. I am not ready for this question. It seems to be very foolish to have this question come up tonight, when we have not even determined whether w r e are going to have a night session. The general expectation was that there would be no night session tonight. I am very 'willing that the gen- tlemen who are to be absent should be accommodated to a reasonable degree, but I apprehend that there are many of those who would like to see this go over until Monday. I move that this be made special order for Monday afternoon. Mr. PALMER. I would say on behalf of some of the pro- posed absentees whom Mr. Cpffeen seems to be so anxious about that it comes with very bad grace from him to refuse us, when he has occupied most all the time in the convention himself so we couldn't get ahead more. We have to go away and insist on this coming up today. Mr. CAMPBELL. Speaking of having an evening session, I don't think we will gain enough to pay us for coming up here, this evening. I have felt the effects of last night all day. Sit- ting here from 9 o'clock in the morning until 11 o'clock at night is more than I can stand. I think the resolution agreed that w r e should have evening sessions through the week except Sat- urday night. Mr. POTTER. It seems to me there is no necessity for postponing this matter until Monday. Mr. COFFEEN. In reply to the gentleman from Laramie I will simply say that in consideration for the people who go west, that they might have time to get back, I move it be put off until Monday afternoon, and also that all might know that this question was coming up. So far as I am concerned myself I am ready now to contest this matter if it should come up. I should have preferred Monday afternoon. ( Mr. PRESIDENT. Gentleman, at this moment I deire to say that in the past whenever any member has used language that seemed to reflect upon another, I have called no one to or- der, but I insist that it shall not go on any further. This is no place to indulge in personalities or personal reflections upon any matter whatever, and the chair w r ill insist upon its rights,, and it shall uot be done hereafter. The question is on the mo- tion as amended, that the two reports of Committee No. 6 and the two reports of Committee No. 2 be made special order for Monday afternoon. Are you ready for the question? All in fa- vor of the motion will say aye ; contrary no. The noes have it ; the motion is lost. The question is now on the original motion that these re- ports be made the special order for this evening. All in favor PROCEEDINGS AND DEBATES. 539, of the motion will say aye; those opposed no. The noes have it: the motion is lost, Mr. POTTER. I move these files be made the special order and immediately considered by the committee of the whole. Mr. BARROW. I move no one be allowed to speak more than two minutes in committee of the whole. Mr. COFFEEN. I rise to a point of order. I do not think that motion can be entertained at this time, in connection with this motion. Mr. PRESIDENT. The chair is of the opinion that as we have no rule upon that subject, no such motion can be enter- tained at this time, it being an amendment to the rules, it must lay over. The question is on the motion to go into committee of the whole for consideration of the special order. Mr. COFFEEN. I know there are certain parties that seem to be very anxious to rush this question at this time, but it appears to me, having worked as late as we have, there- must be some anxiety that I feel is hardly justifiable, in rush- ing us at once into this, and that too when efforts are made* in this convention to shut off debate. I beg your pardon most heartily and sincerely and with due humility for occupying too much of your time but at the same time I have always stuck to the question and tried to secure justice upon every question. I havo never attempted to cut off debate of any one. 1 think we cannot, in justice to ourselves or the question that is to be han- dled, go into this question tonight, and therefore I shall oppose going into it at once. Mr. PRESIDENT. All in favor of the motion will say aye; contrary no. The ayes have it; the motion prevails. We are now in committee of the whole. Mr. CHAIRMAN. Gentlemen of the convention, you have before you the majority and minority reports of Committee No. 6 and the minority reports of Committee No. 2. The legislative reports are before us, I believe. The clerk will read the ma- jority report. Mr. BARROW. I believe the matter of apportionment was mentioned first, and I believe that it should come up first. Reading of the reports of the two committees. Mr. BARROW. I move when this committee arise they re- port back the majority report of Committee No. 6 with the rec- ommendation that it be adopted as a part of the constitution. Mr. RINER. Second the motion. Mr. CHAIRMAN. The question before the house is when this committee arise they report back the majority report of Committee No. 6 with the recommendation that it be adopted.. Are you ready for the question ? Mr. BA XTER. I was not here the other day when this mat-- ter was discussed, and I regret that I was not as I was anx> 540 CONSTITUTIONAL CONVENTION. ious to hear some valid argument in support of the proposition of one representative from each county. I was here a .day or two since when this was referred to the committee, and I fully agree with Judge Brown of Albany, who pointed out the in jus- life that would be worked upon the population of several of the ^counties, if the report was adopted as suggested at that time. I believe now that these reports are just about as they ought to be. It seems to me that if we should lay the territory out into senatorial districts, in that way every county would have some representation. That is, that Sheridan county or .Johnson county or some other county should be a senatorial district. They are thus entitled to one represen- tive, whether or not they have sufficient population to entitle them to it, because it would be manifestly unjust to say that they shall have no representative at all. They are entitled to one man because they are entitled to representation. Now, after we have determined that, that they shall have one repre- sentative, then we shall determine the unit upon which this representation shall be based. The majority report allows five representatives from both Carbon and Albany county, each with a population of twenty-six hundred. As I understand it the unit is six hundred. Now it seems to me it would be a lit- tle more fair to give them four each, and let \these two counties together form a float district entitled to one member. Now the same with Johnson county and Sheridan county, they are enti- tled to one member, and by joining them they would be entitled to one extra member in the house. I don't think as a rule float representatives are very effective, as they are very apt to rep- Tesent the county they come from and forget all about the other, but I think perhaps it might be arranged in some way. Mr. BARROW. We have had some experience with float representatives. I remember distinctly in 1884, that Johnson and Carbon counties were joined, and the candidate, Mr. Me., was defeated in his own county, and elected in Carbon county, where he was not known, and Mr. France was defeated in his own county, and elected in the county where he was not known. I believe that every gentleman who has taken the trouble to figure on this apportionment offered by the majority of the committee, they have made an apportionment which is just, or as near so as can be arrived at. The apportinment is made on the same basis as made by Mr. Hay, taking six hundred for the house and twelve hundred for the senate, only that two members, one each, have been added to Albany and Carbon counties. There is reason for this, inasmuch as Carbon county has an overplus of two hundred and thirty- three in the house, and a like number in the senate, making a total of four hundred and sixty-six, and Albany county has an overplus of two hun- dred and eight in the house and two hundred and eight in the PROCEEDINGS AND DEBATES. senate, amounting to four hundred and sixteen in both, w figured in this way. I believe I have figured on "this thing for four weeks, and I have heard of other members who have done the same thing, and I challenge any other member to arrive at any other satisfactory or more just arrangement of apportion- ment. Mr. COFFEEN. I wish I could say the few things I have to say within the two minute limit, but fear I cannot. The house has already, before these matters were referred back, settled upon two general principles by their vote, not that you need ref- erence to it, but I call your attention to it that you may know where you are. You have settled and adopted the principle that the house shall have not less than two times as much as the senate, and not more than three times. If you will examine the minority report, you will find that it wall conform to that principle. The house has settled upon that question, that there- shajU not be less than twice as many in one house as in the other. The house has also settled upon the principle that every county shall have at least one senator and one representative. That is settled, I believe, until there is no opposition. The rela- tion of the number in one house to the other, and the fact that every county shall have one member in each house, that much is accomplished toward county representation. Now I want to appeal to, you in the sense of fair play, as you shall concede it, when you take the facts of the majority and minority reports. The minority report has fifteen in the upper house, and thirty in the lower, and the majority report has sixteen in the upper house and thirty in the lower house. We have conformed then to the principle we have settled on, that there shall be twice the number in the lower house as in the upper house, and that every county shall have one representative and one senator. So far then we have conformed. We are opposed to the increase of the senate from fifteen to sixteen for many reasons. You must not expect me to take the time 'to give you all my reasons, but I will state one or two. In the firsF place, it increases the ex- pense, and increases the number in the upper house in order to conform to this principle. On the basis of fifteen to twenty- eight, which seemed to be the ratio agreed upon at one time, raising that to fifteen and thirty, the question arises where shall the two extra representatives go. That is the question. That is where the main difference comes, I apprehend, between the minority and majority reports. Shall tlaese two representatives to raise this from twenty-eight to thirty, go t'o Albany and Car- bon counties that already have four, or go to Johnson and Sheridan counties that only have one in the lower house? Jus- tice demands that it should be given to Johnson and Sheridan counties, which only have one. But let me show you the figures. Taking it from 'Mr. Hay's figures as we have it, the vote stands .54.2 CONSTITUTIONAL CONVENTION. thus: In Albany county twenty-six hundred and eight votes, giving them four on the general apportionment we propose for the house of six hundred, makes twenty-four hundred, subtract- ed from twenty-six hundred and eight, gives you two hundred and eight. Six being the unit, then take Johnson county for instance, and subtract her one representative from her nine hundred and sixteen votes, you have three hundred and sixteen. A larger surplus, as you will see, and she should have the extra member, having but one already, yet you would give the extra member to the county having four already, and the smaller sur- plus. Ah, I knew I could touch your sense of fair play there. 'Take Sheridan county and subtract her six hundred votes, this gives her one, and you- have two hundred and seventy sur- plus. This also is larger than the counties you would give the extra one. It is larger than Albany county, with only two hun- dred and eight, or Carbon county with two hundred and thirty- three. Not that I have yet heard an Albany county man say that he wanted to take five and give Sheridan and Johnson counties but one, for I believe that at all times they have en- deavored to be liberal and just and fair towards Sheridan and Johnson counties. Then I will take Converse county. Surplus of Converse county in the lower house is one hundred and seven which is less than in both of our northern counties, yet you will give on a smaller surplus an extra representative to Con- verse county and deny it to the smaller counties, having also a larger surplus. Will you thus defeat justice, and be deaf to the dictates of your own conscience? Now how about the surplus in the senate. I will start by saving that it is a radical depart- ure from anything ever heard or written of to take the appor- tionment of the senate and its figures, and thereby try to effect an apportionment concerning the lower house, and this conven- tion is not ready to act upon that and take such a stand as that. It has been decided here by your vote that every county shall have one senator, and you cannot therefore question that. Now I have shown you that the two extra members' by in- creasing this from twenty-eight to thirty, should go to the smal- ler counties as compared with the larger, and I have shown you by the very figures themselves that the smaller counties iave a larger surplus, and I hardly think there are many in this convention but who will endorse the iclea and stand by us in making this increase to thirty and agree that the two extra members should go to Johnson and Sheridan counties having as I have already shown you the larger surplus. One word more and I am done. I do not wish that you should lose sight of this data that I have given you. Our people will demand a repre- sentation that will look a little better than the one that gives live to these two counties, to our one. There is injustice in the rery figures, and, sir, it will go hard with my people. I ask jus- PROCEEDINGS AND DEBATES. 543 tice for my constituents. Another reason for favoring the mi- nority report is the consistency with which our numbers con- form to the principles already agreed upon, that there shall be twice the number in the lower house as in the upper. This in itself is a very good reason for giving it consideration. We have all conceded that the lower house must be at least twice the size of the upper. Then there is another reason, one how- ever that I don't want to press upon you, but you know that our people have been a little prejudiced, and they have been con- vinced in their own minds, whether by w^rong or right argu- ments I will not say, that it was not to their interests to have statehood, and I believe that prejudice w r ill be overcome to a large degree when they see that you have treated them fairly, that justice has been done to them in the matter of their repre- sentation in the legislature of the new state, and I believe that the ratification of this constitution would be further advanced by giving to Sheridan and Johnson counties the two extra rep- resentatives instead of giving them to the counties which al- ready have a much larger representation, and w r ith a much smaller surplus, and who don't demand them. Mr. BAKTCOW. The gentleman from Sheridan wants us to give him equal representation with Converse county in the low- er house. I stand here on behalf of Converse county to protest. The county of Sheridan has four hundred and thirty-seven votes less than the county of Converse. The county of Sheridan has two hundred and eighty votes less than the county of Crook. The county of Johnson has three hundred and ninety votes less than the county -of Converse. I cannot see any justice, any shadow of justice, in giving either of those counties equal rep- resentation with the counties of Converse and Crook. He was speaking of the overplus in the house, and making that the basis of his apportionment. I would like to ask him what was his overplus in the senate. We take the basis of twelve hundred votes for one senator. He lacks three hundred and twenty-four, almost half as much as the total vote necessary to entitle them to one representative, and if the unit is fourteen hundred it would be even larger. The county of Johnson lacks two hun- hundred and eighty-four votes to entitle it to a senator. I think when you consider the minus amounts which are lacking to en- title them to one senator, they are certainly getting all they de- serve when they get one member in the house. At any rate Converse and Crook counties certainly protest against allowing Sheridan and Johnson counties equal representation with them, when we have, as I have show r n you, four hundred and thirty- seven votes inore than either one of those counties, and Crook has two hundred and eighty more. Mr. POTTER I don't rise to make any argument at all, but simply just a suggestion. I see that the majority report 544 CONSTITUTIONAL CONVENTION makes it sixteen and thirty; this does not make the lower house twice the size of the senate. The minority report is fifteen and thirty. The only difference being between the majority and mi- nority reports iii giving Albany and Carbon counties one mem- ber of the house less and Sweetwater county one member of the- senate less. Now with sixteen members of the senate, we should have at least thirty-two members of the house, and the- only thing to decide is to where those two members should go. Mr. CLARK. I have been looking over this vote somewhat and I find that Converse county has two members of the house and one hundred and seven votes over according to the last vote, and Tlinta has three representatives, and two hundred and and seventy-live votes if I have the right figures. I don't know but we might arrange it by increasing the house by one respectively in Converse and Uinta counties, making the two extra necess'ary to double the size of the senate, leaving the extra senator in Sweetwater county. Mr. MORGAN. It seems to me that the legislative report should be read first. The majority of the legislative committee reported in favor of thirteen senators and twenty-eight mem- bers of the house. The minority committee, myself, reported' in favor of fifteen senators and thirty representatives. I was governed in my idea of that number, fifteen and thirty, by two considerations. First that the house should be double the num- ber in the upper house, as we have decided in the convention, and the other consideration was that there might be two ex- tra members to go to whatever counties they might belong to. Mr. IRVINE. I really thought it unnecessary to speak in our behalf. I simply want to call attention to the vote of the three counties of Converse, Johnson and Sheridan, and 1 feel sure that this convention is too fair a body of men to give the two counties of Johnson and Sheridan the combined vote of the two being 1,786 votes, just 479 more than the vote of Converse county, to give those two counties twice the represen- tation of our county of Converse, as proposed by the gentleman from Sheridan, when they have but 479 more votes in both of them combined than we have. .Mr. TESCHEMACHER, I wish to ask permission to speak on the question of what rights and duties belong to the appor^ tionment committee. Looking over a great many state consti- tutions I find hardly one legislative report that fixes the num- ber at all. This is left entire to a separate article of the con- stitution, on congressional and legislative apportionment. I find here in the constitution of our next door neighbor, Colora- do, a provision pretty near identical with this. It reads as fol- lows: "The senate shall consist of twenty-six and the house of representatives of forty-nine members, which number shall not be increased until the year of our Lord one thousand eight PROCEEDINGS AND DEBATES. 545 hundred and ninety, etc." Sec. 48 of the same article reads as follows: "Until the state shall be divided into senatorial dis- tricts in accordance with the provisions of this article, said districts shall be constituted and numbered as follows," then it goes on and names the counties and their apportionment. Xow 1 wish to explain why it seems that these two reports have be- come mixed. Mr. Hay introduced a proposition which was or- dered printed, and before that proposition, as I remember it, had been referred to the committee at all, it was taken up and moved as a substitute to the majority or minority report, I have forgotten w T hich, of the legislative committee which we were then considering-. And in that way the proposition which should have been referred to the apportionment committee, came to be considered in the legislative file. 1 merely say this to explain my reasons for speaking as I did the other night, which may have been considered hasty. Mr. ELLIOTT. I would state to Mr. Teschemacher that the reason that the legislative committee undertook to fix the num- ber was by a direct agreement with the chairman of the ap- portionment committee before w r e undertook to do it. Tlie agreement was that the legislative committee was to fix the number and the apportionment committee should come in and apportion the counties as they saw fit. I would suggest that in considering this matter it would be only fair, as the propo- sition contained in the report of the legislative committee is- on the same subject and goes over a good deal of the same ground as this, that the legislative report should be considered at the same time, and that that report should not be killed by the report of the apportionment committee being adopted with- out having had a chance to be heard. Mr. CHAIRMAN. The question is on the motion of Mr.. Palmer to adopt the majority report of the apportionment com- mittee. Mr. ELLIOTT. I move to amend that we go into the consid- eration of the report of the legislative committee. Mr. CHAIRMAN. It is moved by the gentleman from Johnson that we consider the report of Committee No. 2. Are you ready for the question? All in favor of the motion will say aye; contrary no. The noes have it. A division is called for. All in favor of the motion will rise and stand until counted - 14. Those opposed will rise 16. The motion is lost. The question is now on the original motion of Mr. Palmer from Sweetwater. Any further remarks? Mr. COFFEEN. I have just a word to say. In the first place that report puts you in conflict with what has already been adopted, that the senate is to be half the size of the low- er house. You also violate the figures which I have shown you. Converse county has already had, as a matter of fact, 35 546 CONSTITUTIONAL CONVENTION. their two, with only a surplus of one hundred and seven, yet we haA'e nearly three hundred surplus and that three hundred en- titles us to an extra member on our side. I wish to have you note these figures. If you expect the ratification of this con- stitution you will need to have these figures in a little different position. I think that you want to consider that. Laramie county stands just the same in this report as it did before, ami almost all the counties excepting one. And I Avould like to say a word to my friends from Sweetwater, because maybe they may think I have endeavored to be unjust, let us look into the figures and see whether the slightest injustice has been done by this. Follow me, friends, a moment. On the basis of twelve hundred for one senator their vote is seventeen hundred and forty-seA^en, nobody denies the correctness of the figures, this leaves her five hundred and forty-seven, and you have decided that she shall have three in the house, and you would give her two in the senate. Now I would like to ask where the justice comes in there. The very figures themselves show it to be un- just. Mr. CON AWAY. The gentleman is making a good deal of a kick, as w r e say, about a non-representation in the house of three hundred and sixteen in Johnson county, and two hundred and seventy in Sheridan county, yet he don't want Sweetwater county to say a word when we are left out of a representation of five hundred and forty-seven votes, and Sweetwater is a small county too. Mr. COFFEEN. Just a word on that, that is in the senate where the apportionment is on the basis of twelve hundred while our surplus is in the house, where the basis is six hun- dred, and of course it makes a difference. Mr. CLARK. I believe, in view of the figures befor this convention, that if one ^xtra member is to be added to one county, it should be first to the county of Johnson, and second to the county of Uinta. This is if we are going to add one mem- ber. It should go to Johnson county with a surplus of three hundred and sixteen votes, but if we add two members one should go to Uinta county, and the other to Johnson county. Mr. CHAPLIN. The argument has been advanced that Converse county wonld be injured by giving one representative to Sheridan and one to Johnson. I don't see how Converse county would be injured in the slightest, I believe if these ex- tra members are added, they should be given to Sheridan and Johnson counties. Albany and Carbon counties will gladly give way to these smaller counties. Mr. HAY. Upon what basis of representation do they mean to add these two, to thirty-two or thirty. Mr. CHAPLIN. I believe twenty-eight was the number rec- ommended. PROCEEDINGS AND DEBATES. 547 Mr. MORGAN. Its getting very late, and I move this com- mittee now rise and report. Mr. CHAIRMAN. Gentlemen, it is moved and seconded that this committee now rise and report and ask leave to sit again. All in favor of the motion will say aye; contrary no. The ayes have it ; the motion prevails. The committee will now rise and report. "Your committee, to w T hom was referred the majority and minority reports of Committee No. Q and Committee No. 2, beg leave to report that the same have been duly considered, and your committee would recommend that the majority report of Committee No. 6 be adopted, and your committee reports progress and asks leave to sit again." Mr. POTTER, I move the report be adopted. Mr. PRESIDENT. It is moved and seconded that the re- port of the committee of the whole be adopted. Are you ready for the question? All in favor of the motion Avill say aye; con- trary no. The ayes have it; the report stands adopted. Mr. BARROW. I move this report be considered the en- grossed file, read the third time and put upon its final passage. Mr. PRESIDENT. The committee asked leave to sit again. You have adopted so much of the report as fixes the legislative apportionment. Is that the matter which the gentleman wishes put upon its final passage? Mr. BARROW. It is, Mr. President. Mr. PRESIDENT. The committee asked leave to sit again to consider this file. I hardly think it is in the proper shape to be read the third time and put upon its final passage. Mr. CAMPBELL. I move we now adjourn until 9 o'clock on Monday morning Mr. PRESIDENT. It is moved and seconded that the con- vention do now adjourn until Monday morning. AJ1 in favor of the motion will say aye; contrary no. The ayes have it; the convention will now adjourn until 9 o'clock on Monday morn- ing. NINETEENTH DAY. MORNING SESSION. Monday morning, Sept. 23, 1889. Mr. PRESIDENT. Convention* come to order. The secre- tary will call the roll. Mr. ELLIOTT. I move a call of the house. CONSTITUTIONAL CONVENTION. Mr. PRESIDENT. A call of the house is ordered. All in favor of the motion will say aye; contrary no. The ayes have it ,* the motion prevails. The doors will be closed and the absen- tees brought in as rapidly as possible. Mr. ELLIOTT. I desire to make a suggestion. It seems to ine we a iv going to have to drop the names of some members off the roll if we cannot compel them to be present; that mem- bers who are absent without leave be dropped from the roll. Mr. PRESIDENT. That is evidently so unless members send in their resignations. That I take it would be the more simple way, if they would do that. If they don't do that we have got to protect ourselves in some way. (Bringing in of absentees.) Mr. ELLIOTT. I move the proceedings be dispensed with. Mr. PRESIDENT. It is moved and seconded that further proceedings under the call be dispensed with. So many as are in favor of the motion will say aye ; contrary no. The ayes have it; the motion prevails. The gentlemen will take their seats on the floor of the house. Mr. HAY. I move rule four be suspended. Mr. PRESIDENT. The motion is that rule four be suspend- ed. All in favor of the motion will say aye; contrary no. The ayes have it ; rule four is suspended. File No. 67, puesentecfr to the convention as a proposition cannot be found. Can any of the committees inform us as to whether it is in their posses- sion? The records show it was referred to Committee No. 20. Mr. ORGAN. That file was never referred to us to my knowledge. Mr. PRESIDENT. I wish the members of the different com- mittees would look through their different files and see if the proposition is in their possession. (Reading of the journal of the eighteenth day.) Are there any objections to the journal as read? The chair hears none, and the journal will stand approved as read. Re- ports of standing committees. Are there any? Mr. BAXTER. I would like to say a word before submit- ting this report. Soon after the substitute was referred many members of our committee found it necessary to be absent a greater portion of the session of this convention. As chairman of that committee I desired to extend every courtesy to the members of that committee, but we have reached such a late day that we have completed the report, and it is only signed by two members. I am unable to say when the other mem- bers wall be present, and if the convention desire it, the report can be submitted at this time. Mr. PRESIDENT. Does the convention de'sire the report submitted at this time? It seems to be the general wish that the report be submitted at this time. PROCEEDINGS AND DEBATES. 549 Mr. CAMPBELL. I move the report be referred to the printing committee with instructions to act at once. Mr. PRESIDENT. The chair would like to inquire of the printing committee before this motion is put when it is prob- able this matter can be printed and returned to the convention. Mr. CHAPLIN. I would say it is quite likely it could be returned this afternoon or tomorrow morning. Mr. PRESIDENT. If it cannot' be returned by tomorrow morning I doubt if it would be wise to have it printed at all. Mr. HOYT. I suggest that it might be well to put the mo- tion in this form: That it be referred to the committee on printing, and returned tomorrow morning whether printed or not. We would then have it before us for our consideration even if it was not printed. Mr. PRESIDENT. Under the rules, after reference to the printing committee the matter lays upon the table until after being printed, and then comes up in the regular order. Mr. HAY. I move to amend the motion to print, that it be referred with instructions to return it to the convention tomor- row r morning. That would bring it back here and it would then take its course. Mr. PRESIDENT. The motion is that this file be referred to the printing committee, with instructions to return it tomor- row morning. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the file is so referred. Mr. IRVINE. Mr. Barrow desires that I should ask that he be excused from day to day. Mr. FOX. In case Mr. Barrow don' t intend to return, I think it unwise to excuse him from day to day, and I ask that he hand in his resignation so that we can keep a quorum. Mr. CAMPBELL. I move his name be dropped from the roll if his resignation is not sent in. Mr. PRESIDENT. The question is upon the motion to ex- cuse Mr. Barrow from day to day by unanimous consent or by a motion carried by a majority of the convention. Mr. HAY. I would like to ask whether there is any proba- bility of Mr. Barrow ? s returning at all or not. Mr. IRVINE. I will be frank and say that the chances are that Mr. Barrow will probably not return, but I am not sure that he will not be back. Mr. PRESIDENT. The chair would suggest that it would be wise to amend and excuse Mr. Barrow for the day. Mr. IRVINE. The suggestion is a good one, and we will carry it out if we cannot do any better, but Mr. Barrow, if he had thought there would be any objection, would have been here, but it has been universally the rule to excuse members from day to day, and Mr. Barrow being away and cannot speak 550 CONSTITUTIONAL CONVENTION. for himself, it is only right that he should have the same treat- ment as other members. Mr. HAY. It strikes me the case is different now. While I regret the absence of Mr. Barrow, and desire to treat him the same as the other members, still we must be very careful, and not continue to excuse members until we are without a quo- ruin. Mr. PRESIDENT. I will state to the convention at this time in order that there may be no misunderstanding hereafter, that it is the opinion of the chair that it does lie within the power of this convention by way of excusing its members, to destroy itself. The chair will hold hereafter that where ex- cusing a member seems to have a, tendency to destroy the con- vention, the chair will hold under the rules that no motion to excuse can be ascertained, and' it will take three -fourths major- ity to carry such a proposition. Now as to this matter, it does not seem to me that we have reached that point exactly where excusing a single member will destroy the convention or its ef- ficiency, and I am not called upon to make that ruling at this time. But I will so rule in the future when excuses are de- manded. We must preserve ourselves from destruction, that is one of our first duties. Mr. BURRITT. I desire to say in explanation of my posi- tion in this matter that in three or four cases members have stood here and asked to be excused by reason of important busi- ness, and wiio are now enjoying themselves on a pleasure jaunt. I think they have acted in bad faith toward this con- vention, and in future I don't propose to vote to excuse any member on important business unless I know how important that business. Mr. IRVINE. In behalf of Mr. Barrow I desire to say that he is not away on a pleasure jaunt, his business is really suf- fering because of his absence. The last issue of his paper was so badly printed it could hardly be read, and he is very anx- ious about it, and it was really necessary that he should go and attend to it. Mr. PRESIDENT. The question is on the motion to excuse Mr. Barrow from day to day. Are you ready for the question? All in favor of the motion will say aye; contrary no. The noes have it; the convention refuses to excuse Mr. Barrow from day to day. Mr. IRVINE. I move that Mr. Barrow be excused for today. Mr. PRESIDENT. Is there objection to Mr. Barrow being excused for the day? The chair hears none; Mr. Barrow is ex- cused for the day. Mr. SMITH. On behalf of Mr. Burdiek I desire to ask that lie be excused. Mr. Burdiek has been here every day during the convention, and it is absolutely necessary that he go home. PROCEEDINGS AND DEBATES. 551 He will be back just as quick as he can, not later than Wednes- day at; the latest, and I trust he will be excused without put- ting it to a vote. Mr. BURRITT. I desire to say on behalf of Mr. Burdick that I know the business which called him home, and if I had been in his place I should have gone whether I was excused or not. Mr. PRESIDENT. The question is on the motion to excuse Mr. Burdick. Is there any objectkm to excusing Mr. Rurdick for the day? The chair hears none. By unanimous consent Mr. Burdick is excused. Mr. JOHNSTON. I desire to offer a resolution now and have it take the usual course. ".Resolved, That it is the sense of this convention that the effort being made to establish a deep water harbor on the Texas coast lias our approbation, and that our representative at Washington be requested to use his best endeavors to secure the building of such harbor." Mr. BURRITT. Second the motion. Mr. PRESIDENT. The resolution will lay upon the table to come up in its regular order, unless the rules be suspended for its immediate consideration. Mr. JOHNSTON. I move that the rules be suspended for the purpose of considering this. Mr. PRESIDENT. The chair would suggest that it has oc- curred to me that possibly a fuller statement of the situation might be agreeable to the convention, and agreeable to the gen- tleman himself who has hastily prepared this resolution, and if the convention take that new of it, it might be Avell to have it referred nnd reported back this afternoon. Mr. JOHNSTON. I wish to have the resolution referred to the committee on irrigation, and have them consider it at once and return it this afternoon. Mr. PRESIDENT. Is there objection to the resolution offer- ed by the gentleman from Laramie being referred to the com- mittee on irrigation, with the understanding that they will report by the .^f.'ernoon session. The chair hears no objection; the resolution is so referred by unanimous consent. We have before us the report of Committee No. 17. What is your pleas- ure, gentlemen? Mr. ELLIOTT. I move the report be adopted. The commit- tee had authority to act in the premises, and the report is simp- ly an indication that they have so acted, I take it, Mr. PRESIDENT. If the gentleman thinks it necessary to take any action it can be done. Mr. ELLIOTT. I simply thought it might be better for the convention to prove the report, showing that they have acted within the line of their power. Mr PRESIDENT. The question is upon the approval of your committee in letting a contract to the Bristol & Knabe CONSTITUTIONAL CONVENTION. Printing company on the conditions named in the report. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the action of the commit- tee is approved. Gentlemen, there is no further business for disposition upon the table this morning, and we are now ready to go into committee of the whole upon the general file and special order of Saturday night, which was not completed. Mr. BURRITT. I move we go into committee of the whole for consideration of the special order and general file. Mr. PRESIDENT. Gentlemen, you have heard the motion. All in favor of the motion will say aye; contrary no. The ayes have it; the motion prevails. Will Mr. Hay take the chair? Mr. HAY. I would rather be excused. Mr. PRESIDENT. Will Mr. Riner take the chair? We are now in committee of the whole, Mr. Riner, of Laramie, in the chair. Mr. CHAIRMAN. Gentlemen of the convention, w T e were con- sidering the report of Committee No. 6. What is the pleasure of the committee? I would ask here if the committee of the whole did not report that back with the recommendation that it be adopted. I am not certain about it. Mr. IRVINE. It did. Mr. CHAIRMAN. My recollection of the business was this. We had the reports of the legislative committees as well as the reports on apportionment. The apportionment matter was dis- posed of by the committee, and the legislative matter was yet under consideration. The majority report of No. 6 was adopt- ed, relating to the apportionment. The legislative reports are now before the committee. The secretary will read the ma- jority and minority reports of Committee No. 2. (Reading of the reports of Committee No. 2.) Gentlemen, you have heard the reading of the reports, what is your pleasure? Mr. BROWN. I wish to make an amendment to the first sec- tion of the majority report, by striking out the words ''fourteen hundred-' where they appear and inserting "twelve hundred." J do that because a majority seem to think that the unit of twelve hundred in this apportionment matter is the better one to be adopted. I don't agree with them myself, but I make this motion to meet the apparent wish of the majority. Mr. ELLIOTT. I do not wish this convention to think that the fact of my signing my name to this report, indicates that I have changed in any way my original views upon this ques- tion. I considered that the convention had sent back this re- port to the committee with instructions to frame a section upon that line which the convention had indicated. I want to call the attention of the convention at this time to the fact that it was stated and by the gentleman who offered this substitute PROCEEDINGS AND DEBATES. in the first place, that it made no difference as to what number you divided by. The unit twelve hundred was an accident, so to speak. It had been fixed upon merely by chance, and with no intention of benefitting Laramie county. I simply wish to show to this convention that it was not an accident, and will proceed to take the unit fourteen hundred and take the proposi- tion they submit of an additional member where the remainder exceeds two-thirds, and see where it left them. By taking the unit fourteen hundred Laramie, Albany and Carbon counties get but two each, and you can see whether the unit twelve hun- dred was an accident. Mr. HAY. I want to say that the number was not taken as ;an accident, if he refers to me. I said I took the number twelve hundred simply because you can use it in a great many ways, and I don't think any action that this convention has taken since that time has shown that ,any better number can be tak* en. It was not an accident at all. Mr. FOX. I have got this figured out so I think it will be more satisfactory to everybody, and if in order, I move that tKe report be amended. I desire to submit this proposition. Mr. CHAIRMAN. The motion before the house is on the report of Legislative Committee No. 2, that where- ^ver the w r ords "fourteen hundred" appear they be stricken out and "twelve hundred" inserted in lieu thereof. Are you ready for the question? All in favor of the motion will say aye; con- trary no. The ayes have it; the motion prevails. Mr. BROWN. I move to further amend that section. Strike out "thirteen" and insert "sixteen" and strike out "twenty- eight" and insert "thirty-two." Mr. POTTER. I shoiild think that thirty-three would be better. Mr. BROWN. I accept the amendment. Mr. CHAIRMAN. Gentlemen, you have heard the motion of the gentleman from Laramie to strike out twenty-eight and insert thirty-three and strike out thirteen and insert sixteen. Are you ready for the question? Mr. BAXTER. I am entirely prepared to support that mo- tion, though I think the one I have in mind will be more satis- factory, and I would like to state it to the committee in order to see what they think of it. (Instead of taking six hundred, that -five hundred should be taken, and one member for a fraction of three hundred or more. The lower house would be apportioned as follows, and would consist of thirty-five members. Albany county with twenty-six hundred and eight would have five mem- bers and an overplus of one hundred and eight. Converse county with thirteen hundred and seven would have two and an overplus of three hundred and seven, which would entitle it to a third member, three in all. 554 CONSTITUTIONAL CONVENTION. Carbon county with twenty-six hundred and thirty-three- would have five members and an overplus of one hundred and thirty-three. Crook county with eleven hundred and fift} 7 , two members- and one hundred and fifty over. Fremont county with ten hundred and forty-seven, would have two and an overplus oi forty-seven. Johnson county with nine hundred and six would have two, only lacking- eighty-four of the second five hundred. Laramie with thirty-six hundred and ninet3 r -five would have- seven, and an overplus of one hundred and ninety-five. Sheridan, with eight hundred and seventy, would have two, lacking but one hundred and thirty of the second five hundred. Uinta with two thousand and twenty-eight would have four members, and an overplus of thirty-seven. You will notice that the overplus in the larger counties is smaller, and that the counties of smaller population have the benefit of the fractional representation. It seems to me that this is probably as fair a plan as we can devise. If the house thinks so I move to amend the motion, in order that the basis of representation in the low- er house may be five hundred, and one representative to every three hundred or more over and above five hundred. According to this the three additional members will go to Uinta, Johnson and Sheridan. I want to say right here that I have never en- tertained, or sympathized with any feeling of hostility, to- wards the other portions of the territory, simply because I am a resident of Laramie county, and I desire to give every district in the territory just recognition in this apportionment, i GO not think thirty-five will be too large for the lower house. Mr. HAEVEY. Second the motion. Mr. FOX. Before the vote is taken on that I desire to sub- mit my proposition. I think six hundred is better than five hundred, and I think thirty-three will cover the ground. My arrangement is as follows: ' Albany, two in the senate and five in the house, minus one hundred and eighty-four. Carbon, two in the senate and five in the house, minus one hundred and thirty-four. Converse, one in the senate and three in the house, Converse having three hundred and eighty-six over. Crook, one in the senate and three in the house, having three hundred over. Fremont, one in the senate and two in the house, having three hundred and six over. Johnson, one and two, having five hundred and eighty-six: over. Laramie, three senators and six representatives. PROCEEDINGS AND DEBATES. 555 Sheridan, one senator and two representatives, having six hundred and sixty over. Sweetwater, two senators and two representatives, minus one hundred and six. Uinta, two senators and three representatives, minus one hundred and twenty-six. That makes it as even as it can be made, sixteen senators and thirty-three representatives. Mr. PRESIDENT. The question is on the amendment of Mr. Baxter to strike out thirty-three arid insert thirty-five. Are you ready for. the question? Mr. HAY^ In discussing the question of a fair apportion- ment, I think the members of the convention have lost sight to some extent of the great increase we are making over the legislative assembly of the territory, and I think that about twenty-four is all we need, or at least we can get along with making an increase of five per cent, and even this is going to make a considerable increase in the expense, and there is no necessity for it whatever. We can get along with a much less number in the house, and I don't see why we need increase it in order to make it fair. We started out with twenty- eight and have got to thirty-five already, an increase of twenty-five per cent, and if the thing goes on I don't know where we will stop. A legislature of over fifty members, that is a very large in- crease over the present condition of things, and I don't think statehood is going to make that large increase necessary, and I don't want this convention to lose sight of the large increase in the expense that it is going to make. I think w r e can be just as fair with thirty as with thirty-five. Mr. BROWN. I. am opposed to the increase to thirty-five, as also I will be opposed to the use of five hundred as a, unit instead of six hundred. The fact is, I am opposed to this whole scheme, to an apportionment upon votes. My honest convic- tion is that it is placing a premium upon rascality, or holding out an inducement to rascality. Whenever you say that you will apportion your representation upon the basis of votes, then you are saying to every county in the state, run up your vote as high as you can in order to get a large representation, and in that way you are holding out an inducement to fraudulent vot- ing, and that has been practiced in my judgment in some of the counties to quite a large extent, and with the view in par- ticular of increasing their representation. Xow as a system I believe it to be wrong, but I am acting in this matter in def- erence to the action of the majority on the floor of this convention, and I proposed this amendment of changing this from fourteen hundred to twelve hundred not because as a matter of judgment I preferred it, but because the majority -556 CONSTITUTIONAL CONVENTION. seemed to favor that proposition, and inasmuch as they did, I was willing to concede that much in the interest of harmony. Xow this proposed amendment to change from six hundred to 'five hundred, and to increase the number to thirty-five instead of thirty-three, I am opposed to that change in toto. My own idea was, and I made the motion simply to aid what I believed to be a wise thing, and a wise amendment on the part of this convention, to give to two of these northern counties an addi- tional representative in order that they might not think that 'the people who reside along the line of the railroad were try- ing to take an unfair advantage of the northern part .of the ter- ritory and in order that we might take away from these peo- ple who reside in the northern part of the territory this argu- ment against statehood, that the southern part of the territory is unjust in its apportionment, and we may therefore conclude 'that they seek to establish statehood in order to take advantage of us in the future and we will oppose statehood on that ground. I say now in order to take away that argument that may be used in the north against us, I so proposed to increase this to thirty-two, in my judgment as far as it ought be increased, and I think those two ought to go to Sheridan and Johnson 'counties, if added, but a claim has been made in behalf of Con- verse county, for a third one, and so far as I am concerned I -am willing to accept it, but when we undertake to increase tlie representation of the counties along the line of the railroad, beyond what it already stands, I am entirely opposed to that, and to any such increase. If we want to be generous, if we 'want to give these northern counties an additional representa- tive out of our generosity, and show them that we mean to be fair towards them, let us give it to them, but don't ask for any- thing more on the line of the Union Pacific, we have got enough. Mr. POTTER While I think we want to keep the number as low as possible, I should prefer thirty -three to thirty-two, be- cause I think on the same principle that Judge Brown has sug- gested, in his argument in favor of an increase in the northern -comities representation, you ought to give Converse county an- other representative. It is the only county in the territory that as a c()iint3 r represents the central part of the territory, it be- longs neither to the north or the south. Sheridan and Johnson \ve may call northern counties, but Converse represents the central portion of the territory, and so it seems to me it will be hotter to have thirty-three instead of thirty-two. Mr. ELLIOTT. I don't know whether I am speaking only for myself, or for the remainder of Johnson county. I have not discussed this with them, and I have not done so, designedly. I think that this is a matter upon which we must each and every one of us use our own judgment, and I did not wish to force my ideas upon them. I say at this time that I do not PROCEEDINGS AND DEBATES. know what stand they will take in regard to this matter. I wish to say to the gentleman from Albany that as one of the representatives of Johnson county, that I fully appreciate his action in this convention, his generosity in this convention, and the kindly spirit that he has shown toward the northern,; portions of this territory, and it was for that reason that the delegates gave him their votes as permanent president of this; convention. NOAV, sir, in examining this proposed apportion- ment, we find that Johnson county is given an extra member of; the house, and Sheridan an extra member of the house. Why? Because we are entitled to it? No. The very figures themselves show we are not entitled to it, it is thrown to us as a sop.. It is to quiet us; to keep us still. Now I say, Mr. President, for myself and for the people of my county, so far as I know their feelings on this matter, that they cannot and will not ac- cept any proposition that perpetuates the legislature of the territory of Wyoming in the manner and form in which it has; been organized in past years. It is simply expecting them to rivet upon their necks permanently a yoke the temporary wearing of which has galled them so bitterly. I say here in the presence of this convention, that no proposition will be accept- able to the people of northern Wyoming that does not remove- in some way the balance of power from where it now stands. We do not ask, sir, that it be thrown to us, that would be un- just, unreasonable, but we have got the right to judge of the future by the past, what we know of the past and of the presT ent, and I say to you that the constitution of the legislature of Wyoming upon the same basis that it has been constituted, or virtually the same basis, cannot, to our minds, bring us anything but wrong and oppression. Now the proposition that we offered here was going to do us absolute justice, we have asked for but one senator, asked but for one representative^, but we ask that the senate shall be constituted in such man- ner as to protect us from the larger body. I say, sir, is it a fair- and honest and just proposition, and I say therefore for my- self, as far as I am concerned, that I cannot in justice to myself and to my people, support any proposition which leaves it pos> sible for the four Union Pacific counties to control the state of W r yoming. Mr. McCANDLISH. It has always been a policy of mine all my life if I can't get! what I want to take all I can get, and on this question I have felt that very w r ay, and if we can get two let us get them. Mr. BURRITT. I endorse both the sentiments of Mr. Me- Cnndlish and also Mr. Elliott. I had not intended to express my opinion with reference to this at all, but I have heard so much and seen so much I am constrained to explain my posr : CONSTITUTIONAL CONVENTION. tion. I believe, like Mr. McCandlish, that Johnson county should have two, if they can get them, and I am in favor of taking these if we can get them. I don't care for what purpose they are thrown at us, whether as a sop or otherwise, but if we can get two members in the house and we cannot do any better, then I say take these two. On the other hand I don't think it will make any difference with the position that the peo- ple of my county will take in reference to statehood, whether we get one or two or three. I believe that the whole theory is wrong,, and I rise, sir, to make an explanation of my position. Prom both political parties and almost every county in the territory on the line of the Union Pacific, during this conven- tion, members of this convention, delegates from those coun- ties, have stood up here on this floor and confessed that the vote upon which you now undertake to apportion the represen- tation in the house and senate was a fraudulent and illegal vote. Now, sir, how shall you go to the people of this terri- tory with any basis of representation that is based upon a fraud and a confessed fraud? Men have stood up here and confessed from time to time that it was fraudulent. When we had the educational qualification up, they got up here like men and confessed it as the honest men that they are. Now the basis of the figures upon which we are to divide this should be popula- tion and not upon fraudulent votes. I am perfectly willing:, sir, that this convention should send the Johnson county dele- gates back, and the Sheridan county delegates back, with the confession in writing upon your journals, that because Johnson and Sheridan counties were honest, because Johnson and She- ridan counties had no railroad trains to run voters in to in- crease their vote, because they have no mines and corporate interests to vote illegal voters, they shall be condemned to wear the same galling yoke to which Mr. Elliott has referred, and which, sir, the people of Wyoming know they are wearing. The people of southern Wyoming know we are wearing it, be- cause you have stood up here and confessed it. There was but one thing that could have been done by this con\erition \vhich would have shown your good faith, and that was the proposi- tion which \vas introduced here and so eloquently defended by the gentleman from Albany, organizing one branch of the leg- islature, so the . counties in the iHith couli! have au e-pml .show, ami A on havr deided us that, and there is ur.i : iini>- thfit you can do, nothing that you can give us upon the basis of this illegal and fraudulent vote that will change the balance of power, but still, j.s Mr. M'cOandlish says, if we c.innor ^,>t a whole loaf then I am wiping to take a half loaf. I bv in suh mission to the will of the people, and I say, sir, that the dispo- sition of this convention and the confessions heard from every delegation on the line of the Union Pacific road, too plainly PROCEEDINGS AND DEBATES. 559 that the southern part of Wyoming is not ready to re- lease its grasp upon the throat of northern Wyoming. j[ may add further, sir, that perhaps these chickens will come home to roost, and they will remember this. Mr. HOYT. If I vote for this proposition it will not be on the grounds which have been announced here, it will nut be as a sop to any portion of this territory, it will not be as a means to secure statehood, but it will be because I thought I saw, and I announced this the other evening, that there was justice in giving to that portion of the territory which is rapidly devel- oping, and which in the nature of things is going to have a more rapid growth than ever before known, giving to it in our apportionment what we believe it will be entitled to when it comes to have representation on the floor, and I simply rise to reiterate that sentiment that we are not here to give a sop to anybody to obtain statehood, but simply to give it' to them on the ground of justice. I too, sir, was in favor of the system proposed for the distribution of the members of the senate, I saw many good reasons for it, enough to decide me to vote on that side, to throw what influence I might have in favor of the constitution of that body in a manner different from the other body, to help support the scale of justice. Mr. PRESTON. I fully support and endorse everything that has been said by Mr. Elliott and by Mr. Burritt on the ques- tion of apportionment. Now I cannot see what right' there is, nor what good can be done, by giving to Sheridan and Johnson counties an extra representative in the lower house simply to get the delegates from that portion of the territory to vote for the proposition that has been submitted to this committee. A proposition was submitted to this convention a few days ago, by a majority of the legislative committee asking that each and every county in the territory have an equal representation on the floor of the senate. In other words, that every county in. the territory should have but one senator. Some gentlemen who have advocated the giving of an extra representative in the house to Sheridan and Johnson counties, held that it was not right that the people of Wyoming territory, that the differ- ent counties of the territory of Wyoming, or the state of Wyo- ming, should be represented in accordance with its voters. I want to say to you, gentlemen of the convention, that I believe and there are other members who believe that the representa- tion that we asked for in the senate was only justice and right, and I want to say on behalf of Fremont county, this morning in the convention, that there is nothing that you can concede so far as the lower house is concerned, to the northern portion of the territory that will right the wrong done us in denying the representation that we have asked for in the senate. Simp- 560 CONSTITUTIONAL CONVENTION ly giving an extra member of the house to Johnson and Sheri- dan counties, does not in any way place them on the same footing and in the same position that they would have had, had the representation been accorded them on the senate floor as asked for. If you are so interested in the northern part of this. Territory, if you are so interested in their welfare, if you are so interested that they shall have some say in the administra- tion of the affairs of the state of Wyoming, then why have- you denied them the only thins they have asked for at the hands of this convention ? Mr. BAXTER. I heard the other day in one of our sessions the proposition discussed to make the representation equal in the state senate, and I have talked with a great many friends- upon the proposition, and I have listened to all kinds of argu- ment upon the subject, and from the beginning, and all through the discussions I have heard on this matter I have been in- variably opposed to such a proposition, and I have been so op- posed upon the ground of conviction, and I am still so. I be- lieve I have cast an honest vote upon every proposition that has come before us for consideration, and I want to continue to do so, and what the gentleman alleges is a great wrong to the northern counties, strikes me is not a w^rong at all. I fail to see Avhere there can be any wrong in it. They ask for some- thing that will correct an evil which we have all seen in the past, but which cannot be conceded without surrendering the rights of the people in other parts of the territory. It seems to me that a proposition for equality of representation that has- been adopted during a century of national life, during the ex- istence of this republican form of government in this country, is good enough for the state of Wyoming. Why is it that the people in one section should be practically disfranchised in one branch of the legislature in order that we may, or think we may, correct an evil? How claim that the evil will be corrected? I am as well aware as any one is that honest, square legislation has not been possible in the past because of the large represen- tation compared with others, but would this do away with such things in the future? It seems to me that if the first senate shall consist of one member from each county it is only a matter that they shall agree upon among them- selves. That one man can be satisfied in taking so much from the public treasury to vote for a measure, provided another is permitted to take so much for his pet scheme, and the same disgraceful state of affairs we have seen in the past may be seen in the future. There is no guarantee that we shall not have the same state of affairs in the future as in the past. I am free to say to this convention that I used every possible means I had in the last legislature to prevent the general grab PROCEEDINGS AND DEBATES. 561 that was participated in in the completion of public works in this territory at that time. I never come into this beautiful building that I donV see the unnecessary expenditure of the many thousands of dollars appropriated for the building of these wings, although I admit that the work has been done as- well as we could do it, and much as I admire it, but I claimed at the time that' the main portion of the building as it then stood was all that we needed for ten years to come, and in my judgment there was no reason w r hy it should be completed. It was completed simply by the fear of Laramie county that unless they got the money at that time, there was some danger of their never getting it at all, and because they believed it a matter of personal necessity at that time. And I opposed the appropriation for the penitentiary at Rawlins, simply because I thought we had no need of tw r o jails. It will cost us twice as much to take care of our convicts as it costs under the present system. The only legitimate appropriation made in that gen- eral grab was the appropriation made for the university at Laramie City. The former appropriation had only been suffi- cient for them to commence with, and they ought to have had U, but we had no use for these aditional wings to this capitol, we had no use for the penitentiary at Rawlins, we had no use for the insane asylum at Evanston. We had a few of those un- fortunates among us, but they could be well taken care of with' out the erection of this asylum, and at much less expense. I have never seen the deaf and dumb asylum, and I have never seen the poor farm at Lander, and I say we had no use for them, but in order to reward these counties, in order to reconcile them to this general grab from the treasury, these things were given to them. But that is past, but we don't want that in the fu- ture, but it cannot be provided against in the manner ure:ed on this floor. I agree with what has been said upon the ques- tion of representation upon the population instead of votes, and I should prefer to make this apportionment upon the pop-- ulation instead of votes if we could get at what the population? is, but we don't know what it is, and it seems to me that the vote is as near as we can get 1 to it. The amendment which jf introduced here I did not introduce with the idea of throwing a sop to anybody. I was convinced when this matter was brought up before the committee the other day that it was un- just,, and I so expressed nryself at the time, and my idea was that Johnson and Sheridan counties should have a joint rep- resentative for their surplus, and Carbon and Albany should have a joint representative for their overplus, and I still think that that would be as fair as we can arrange it possibly, al- though I don't think that joint representatives are as effective as they ought to be. They are apt to represent the county 36 562 CONSTITUTIONAL CONVENTION. from which they come, rather than the district which they rep- resent. But my idea was simply this, to get at as near as pos- sible some basis of representation that should be as fair as we could make it, and taking the basis of five hundred we would have the three counties that are minus a sufficient num- ber to entitle them to a full representation upon the floor, the counties of Johnson, Sheridan and Converse. Converse is one hundred and ninety-three short of the full number to entitle her to a third member in the house, Johnson county is but eighty -four short to entitle her to a second member in the house, and Sheridan county is one hundred and thirty short of the full number to entitle her to two representatives, and I believe the figures I have already given here will give us as fair an aportionment as we can possibly have. Mr. CAMPBELL. I am in favor, of this increase. I don't think that you can make a legislature too large, and I am in fa- vor of as large an increase in the members of the legislature as we can make it and for this reason : The history of this country shows, especially this western country, that where the prize of a United States senatorship is at stake large amounts of mon- ey are spent, first in the election of members, and afterwards in buying them up, the members of the legislature, and I be- lieve in making it as dear as possible when the prize is great. I believe the only w r ay w 7 e can remedy this evil is to increase the number of the legislature and make it as high as possible. In Colorado we know the amount of money that has been spent there in the election of members of the lower and upper house for getting control to send certain persons to the United States senate, and in some of the other western states we know what has been done in this respect, and I believe the only w r ay we can remedy this matter is to make the legislature a.s large as pos- sible, consistent with our means of paying the expenses of a large representative body. As to where these conditional mem- bers should go, that is another matter. Mr. TESCHEMACHEE. I would like to bring this conven- tion back to the subject before them. The majority report of tne committee on apportionment has been adopted. There were four sections in that majority report, but the members of this convention don't seem to have heard but one, and that was the fourth section, and all the others went in one ear and out of the other. The apportionment report which has been adopted provided that the legislature shall be apportioned on the census of 1890, and provides for another apportionment to be made by this state in 1895. The fourth section provides for a special legislature and that legislature is the first one to be called af- ter we are admitted. Now that one special legislature is the only one that is to be apportioned by this convention, because PROCEEDINGS AND DEBATES. 563 the ivport says that thereafter the legislature shall apportion it in conformity with the population of the state of Wyoming, as shown by its census. Now I feel this way about the objec- tion made by my friend, Mr. TJurritt, from Johnson county. If the southern part of Wyoming is going to hold its grip on the throat of northern Wyoming, they will only do it because the southern counties will be the more populous counties, they will have the bigger population and will naturally have the larger influence. But if this is not the case, and the increase is going to come in central and northern Wyoming we will have one last grip this time, and then we will have to let go. We may have our hands on their neck just one more hundred days, and dur- ing those hundred days we will grab the north and grab it hard perhaps, but I don't think that we will do all the grabbing, and it will not be long before the north will have a grab at our throat. Now if you will simply come down to the question be- fore this committee, it is simply this: The committee decided the other day that there should be thirty members in the house and now if you change this report of the legislative committee as suggested here, you will ha,ve the report of the apportion- ment committee fixing the number at sixteen and thirty and the report of the legislative committee fixing the number at sixteen and thirty-five or thirty- three, whichever of the amend- ments carries, and you will then have to go to work to make these reports conform. I am willing to accept thirty-five, as I am in favor of a large legislative body, but if you will come right down to the question before us, all we have got to do is to fix the number of this legislative assembly. That is all this convention has to do. Mr. BROWN. I wish to say one word in explanation if I have been misunderstood. My idea was not to throw a sop to the northern counties. Nor did I think that it would do exact justice to the northern counies, but as I believed this con- vention had denied them exact justice, I was in favor of doing the best that we could under the circumstances. That is all, to approach justice in some degree, and it seemed to me that this move to fix the number at thirty -three in the first legisla- ture was at least approaching justice for the north, and there- fore I favored that number, but I am opposed to thirty-five, because it is increasing our membership in the south over our fair proportion. I am simply expressing my own sentiments upon the question, and right here I want to say that I think that no one has heard me accuse any member of this conven- tion of acting under improper motives at any time. If I ever have I have to beg the pardon of every member in it. I have never so understood myself as expressing such words. I have always believed that every member was acting upon their best 564 CONSTITUTIONAL CONVENTION. judgment as to the proper method of arriving at what is right. I claim that for myself, and I freely accord to every other man in the convention just what I claim for myself. We may differ in our opinion upon all these questions but let us never say that because we differ in opinion with, each other that w r e are act- uated by improper motives. I do not like that idea at all. Now as to this number thirty-three. I certainly hope that it will be fixed at that instead of thirty-five. Mr. CHAIRMAN. The question is on the amendment. Mr. HAY. I would like to vote for one part and not for the other. I would ask the gentleman to make a division of his motion. Mr. COFFEEN. Some of the members thought that I had a little more than my share of the discussion the other night, and you know how it came about and what a rush there was to crowd this to a vote, and I did what I could to prevent it. The arguments I made at that time have not been answered, and will not be. I wish to simply call your attention to a few things concerning the situation as it stands at present, without any amendment being made. It has been conceded and agreed by a majority of this convention, on a former occasion, that every county should have a representative in the senate, and therefore no argument should be drawn from the apportionment of the senate to bear upon the house, for as a matter of prin- ciple we have agreed that every county should have one sena- tor and that as a matter of right, and not as a compromise. Let us look at the situation as it stands now. On the adop- tion of the majority report, we have thirty representatives, and sixteen senators. And the amount of it is just this, that the four counties on this railroad here will have twenty-two mem- bers in the house against eight in the outside counties, which is equal to saying that the outside counties away from this rail- road shall have no chance whatever. And again, in the senate, the situation is this, they have eleven in these railroad coun- ties, their representation controls the senate absolutely, and only five outside of it, as I say more than one-half, again. You don't have to use the slightest effort to carry every point. They are absolutely under your control. But let us look at the north- ern counties. Johnson county has nine hundred and sixteen votes, and she has one member in the house as it uow stands. Four times that nine hundred and sixteen makes three thous- and six hundred and sixty four, a little less than the vote of Laramie county, which should entitle her on the same basis to four representatives, and you have given her six. Then take Al- bany county, three tunes Johnson county's vote, gives you twenty-seven hundred and forty-eight, a trifle more than the vote of Albany county, so you will see that Albany county is PROCEEDINGS AND DEBATES. 565 entitled to three to Johnson county's one, but .yon give her five to one. Take Carbon county, three times Johnson county, is twenty-seven hundred and forty-eight, so that on this ratio Car- bon county has a little more than to entitle her to three, but you have given her five to Johnson county's one again. These are the considerations the people will look into, they will look into these figures, and I plead with you to make an examina- tion of these facts. The same comparison will hold good in Sheridan county, as compared to these with a slight change. Three times Sheridan's vote is twenty-six hundred and ten, which will correspond to Albany and Carbon county's vote, so they would be entitled to three, and you have given them five, and the same applies to Laramie county on this basis she would be entitled to four, and she has six. Mr. HOLDER. I had thought this morning that I would not allow myself to make a speech. I did not feel disposed to enter this free for all. It appears to me that' the greater part of this discussion has been a sort of general expression of the views entertained by various members in relation to this mat- ter of apportionment, without being directed particularly to the question now before the house, and I feel disposed to follow the lead of the rest of the members present with reference to this matter. This is the first tune that I have said anything on this floor with reference to this important matter of ap- portionment, or with reference to the basis, or the constitution of the legislature of this state. My own view with reference to this matter is that while the house of representatives should be based upon the representation of the population of the state, that the senate ought not to be. For this reason. It seems to me that the only object, the only reason that we can oft'er why we should have a senate is because we ought to have some check upon hasty legislation. To illustrate my idea. Your waiter brings you a hot cup of tea; he also brings you a saucer. You have use for the saucer for the purpose of cool- ing the beverage, in order that it may be subjected to your use without injury to yourself. Now that is the Xiew that I take of the use of the senate. It is simply intended to serve as a check to hasty legislation, to cool it off, if you will allow me to use that expression. I have not heard any reason offered by members who are opposed to this, why that should not be the case, but the convention by its vote said that they are not wil- ling to accept that' plan. Now I feel disposed to quarrel with them, but I have no disposition whatever to impugn the motive of any member. I believe that every member here is desirous of doing that which shall redound to the greatest possible good of the state of Wyoming. Now if I cannot get what I want, I am willing, like my friend from Johnson county, to take the CONSTITUTIONAL CONVENTION. next best thing. Therefore I prefer the amendment suggest- ed by Judge Brown, because I believe it comes more nearly to- being fair in this matter, and I object to the increase to thirty- five, because I think we had better make it thirty-three, I think it is the better number. Mr. JEFFREY. I don't rise because I have much to say on this subject, but I merely wish to say that I think that this question has been discussed and argued from every possible standpoint, and unless the members present are prepared to vote upon this question, I am very much mistaken. I presume that they have figured it out for themselves, and I therefore think that if we are to proceed to a vote upon this question we might as well do so now, without any further delay in the matter. Mr. CHAIRMAN. The question is on the amendment. All those in favor of the amendment will say aye; contrary no. The chair is in doubt. All those in favor of the amendment will rise and stand until counted 12. Those opposed will rise 19. The amendment is lost. The question is now on the amendment of Mr. Fox, to strike out the word twenty-eight and insert thirty-three. All in favor of the motion will say aye; contrary no. The ayes have it; the motion prevails. Mr. HARVEY. I now move that the report of the commit- tee be so amended as to take up that portion which refers to the senate, and incorporate the original report of the majority of the legislative committee, going back to the one senator idea. Mr. PRESTON. Second the motion. Mr. CHAIRMAN. It is moved and seconded that the sec- tions of this file be so amended that the sections referring to the senate be stricken out, and the third section of the origi- nal majority report of the legislative committee be inserted in lieu thereof. Mr. PRESTON. I move that during the discussion of this question that lobbyists be kept off the floor of the house. Mr. CHAIRMAN. The gentlemen will keep off the floor of the house. Mr. HARVEY. I introduced this amendment in perfect good faith, for I have listened with a good deal of interest to all that has been said and the arguments by the gentleman from Laramie county have convinced me more strongly than ever of the justice and wisdom of this. The argument this morning has shown beyond question that the majority has disregarded utterly the rights of the minority in the past. They say we have got all we want. We have got our state house, now num- ber two, we will give you the same privilege we had, plunder until you get away w r ith all you want. You as a majority, hon- PROCEEDINGS AND DEBATES. 567 orable enough in every sense as individuals, but as a ma- jority, confessedly you have plundered this territory. Now I propose to see that the minority are represented. This ques- tion needs no argument. You have given away your own case. This principle is right, and I think this house will concede the justice and wisdom of the policy. Mr. MORGAN. I think that the gentleman has entirely mis- understood the position of the Laramie county delegation. Their position was that the apportionment should be upon the basis of the inhabitants of the county, that each man in every county was entitled to his equal share of representation and that in adopting the one senator idea it would deprive me of an equal representation in making the laws of my country, as compared with some other man in some other county. And so far as the majority is concerned it is more than prob- able that the largest number of the legislature will come from some of the northern counties in a very short tune. I believe that within a few years the north will increase much more than any other portion of the territory. Mr. POTTEK. I think there is another question to be con- sidered here. I believe the gentleman from Converse county acted in entirely good faith, but after all is it perfectly fair to bring this matter up now ? This matter has already been acted upon, and several members of this body who voted upon this matter have gone away, w r ith the understanding that it was settled, and did not expect it would be brought up again, and it seems to me that it is hardly fair to bring this up, at this time. Mr. BURRITT. Is a matter ever settled until it gets before the convention for a vote ? Mr. BAXTER As this matter has been brought up, I want to say a word. I am opposed toi the adoption of this amend- ment, and I am opposed to it' because I don't believe it is right in principle or right in any other way that you can look at it. The only reason that I can conceive for such a proposition being submitted for the consideration of this convention is be- cause of the fact that the senate of the United States is so composed, but there is absolutely no parellel between the two cases. The United States senate represents the equality of the states, and while we know that now the states do not bear the same relations as they were intended to a hundred years ago, we know what their relations were as well as we know of our own existence. ' The result of the revolution was not the creation of one nation, but of thirteen sovereign, in- dependent states, and not states in the sense we use the term today, but in the sense that they were sovereignties, and took their position before all the powers as independent and sov- 568 CONSTITUTIONAL CONVENTION. ereign nations. The states were jealous of each other, but they felt the necessity of some general government. They framed Tin? constitution of the United States, and was it not on the express condition that there should be equal representation in some body of its legislature that that was done. That the smallest and most insignificant of the sovereign states claimed equal representation in the senate of the United States. The question of population or industrial development cuts no fig- ure whatever, when you put two sovereignties together. The states demanded equal representation in one of the legislative bodies,, and would not enter into the union unless that was done, and it was for that reason that the senate of the United States was constituted as it is. But now as to the counties in flie territory. Do they claim sovereignty? Is a mar. a citizen of a county? I surely propose to be a citizen of the state of Wyoming. My home may be in Laramie county or in some other county, but ( I am a citizen of the state, and the people of the state are entitled to representation. It so happens since my residence in Wyoming my property has been mostly in the county of Fremont, and I have gone there year after year to look after my private matters, and I have as mnnv friends there as T hnve in any other Dart of the territory. For the past two years I have had interests in Johnson county and I go there annually to look after those interests, and I come in contact with the people of that county, and as I say I have friends in both of those counties and I have no desire to be unjust to anybody, but I want to do what is right in this mat- ter. Suppose that hereafter annually it was demanded that the revenue should be divided, so that each .county should pay an equal part, so that each county should pay just exactly the same amount as another county, no matter how great the dif- ference as to the value of the property in the various counties should be, but that every county should contribute to the gen- eral fund such an amount as would represent the amount con- tributed by another. No one would entertain such a proposi- tion as that for a moment, but it seems to me that the idea is just as consistent as that they should have an equal represen- tation in the senate. It strikes me as a most extraordinary proposition. Now the argument has been used here that be- cause the states have an equal representation in the senate of the United States, that the counties should have an equal representation in the senate of the state. But it has been shown here that the counties do not bear the same relation to each other as do the states of the union. A man is not a res- ident or citizen of any county, but he is a citizen of the state, and it seems to me that every citizen should have an equal voice, equal representation in the legislature of the state which PROCEEDINGS AND DEBATES. 569 governs them. What justice can there be in a man who lives in Johnson county, or Sheridan, or Crook county, having five or ten times the say than a man who happens to live in some other part of the state? What justice is there in that? You all ask for justice on this floor, why should I be disfranchised any more than those men who happen to live in some other part of the territory. It seems to me that you are wrong, that you are practically disfranchising in one branch of the legislature those who are unfortunate enough to have their homes in some one* parrti of the state, in favor of those who live in another part of the state. It seems to me a most extraordinary propo- sition. Other states have got along for over a hundred years with the other proposition, and it seems to me it should be good enough for Wyoming, and by the proposed change you don't reach the point as I tried to explain a while ago. There has "been unjust legislation in the past, and you will see it again in the future. Men will come here and continue to grab from the public treasury, and enter into all kinds of trades which -shall benefit this section or that, and you will have no guaran- tee that the same practice will not prevail in the future as it lias in the past. The probability may not be so great, but you have no assurance that it will not be done, and what you pro- pose here is the greatest injustice upon what happens to be now the most populous portion of the territory. Mr. HOLDEN. I stated a few minutes ago that as a mat- ter of principle I was in favor of the one senator representation from each county, but this convention has shown by a majority vote that they were not in favor of that plan, and members who were here and participated in that discussion and ca,st' their votes with the majority of this convention have many of them gone home, and while I am in favor of the principle, I am not in favor of bringing this matter before this house now for the reason that it would be unfair to those who have gone home. For that reason I shall vote against this amendment, and in favor of Judge Brown's amendment, because I look upon that as a compromise measure, and under the circumstances the more fair to all. Mr. SMITH. This seems to be a day for personal explana- tions, sort of a love feast. I don't know as I have any explana- tion to make on this proposition except perhaps I might say this: That when this question was voted on before, I voted with the one senator representative system, but I did it at that time because there had been three votes during that day "before they concluded that the opponents of the one senator system had a majority, but in order to be sure, that we might "be in a position to reconsider, I voted with the one senator men, but 1 have at no time been in favor of the one senator svstem. GONSTITLTIONAL CONVENTION. I don't believe it is fair. I believe that in making up our niind as to what to do in this convention, we should use and exercise our very best judgment, taking into consideration what the future will do in the development of the various counties. It is true that the counties along the line of the railroad, and more especially La ramie county, has had absolute control, and has exercised it with an iron rule, but if others besides Laramie county, had not been willing to engage in log rolling, to take part in the deal, Lararnie county would not have been able to carry through the schemes that she did, and 1 can say, though I say it with, shame, that the members who have come to this capital in our legislature from Carbon county have been just as big thieves as those from Laramie county. They have helped job after job through. True, they did not get a part of the main steal, but the situation will change. It has been said here that in the future the center of pow r er will be somewhere else, and then there will be a new combination, that Laramie county has got all she wanted, and it is your turn now, and she will help the other fellows now. Taking into consideration the fact that the counties north of us will grow faster than those along the line of the Union Pacific, I have felt that the basis of representation as fixed here was most fair, and I trust that amendment will not carry. As to this question of its being un- fair to bring this matter up at this time, because certain mem- bers have gone home, has nothing to do with it. Because these men were here and voted and have gone away,. is no reason w r hy this should not be taken up again, and if they don r t like it, it is their own fault. Mr. OOFFEEN. I don't intend to make a speech upon this subject, but in this instance I think it only just to say a word or two. I believe I have seen indications of efforts at times to make it appear that the small delegation from Sheridan was an enemy to the delegation from Laramie. It is not cor- rect. I believe that the Laramie county delegation votes en- tirely according to its ow r n judgment in this matter, for what they believe to be the best in this, as in everything else, and I believe I have many friends in that delegation, and I don't kno\v that I have any enemies, il believe what they have done has been done on conviction, and in considering this question as I have, it is not because I have an emnity to any bounty what- ever. All I ask is that you concede to me what' I concede to every man on this iioor, both now and in the past and in the future, that on every question you vote according to your judgment and conviction, and for the best interests of the whole territory. I concede that to every man, and I don't want to state it again. Mr. HOYT. I regret being obliged to say a word ou this subject, if I have spoken at all, I have spoken briefly, but I" . PROCEEDINGS AND DEBATES. 571 desire that my position should be distinctly understood. With me this is not a question of fairness, it is not a question of jus- tice, riot a question of enfranchisement, not a question of na- tional representation, but it is in the broadest possible sense a question of statesmanship. A government is fundamentally established for the welfare of the people, and in the formation of a government we must always have in view the welfare of the people and IIOAV to best perpetuate its existence. This is the broad minded basis upon which I have based my action on this question. It is not proper in my judgment to say that the equal representation of the counties in the constitution of the senate would be a disfranchisement of a portion of the peo- ple. The people of New York, with two senators, as against the state of Dakota, with two, do not feel disfranchised because they have not a lafger representation in the senate. I agree with the gentleman on my right that there is an important distiction to be made between the constitution of a state sen- ate to be formed on an equal representation of the counties of the state, and the constitution of the senate of the United States, to be formed on the equal representation of the several states, and I agree with the gentleman also as to the history of the constitution of this government. The seA'eral states were not willing to form a union unless they could form it on that basis, the smaller states I mean to say, were not willing to, unite with the larger ones in the constitution of the government of the union unless they should have an equal rep- resentation in one body. I do not agree with the gentleman, however, on the point of sovereignty. A sovereignty has pow- er inherent, and has relations with all foreign powers. It can coin money, it can have a, standing army, and a navy, and determine by war, if necessary, its standing among the nations of the earth. These are the elements of sovereignty. Nothing else makes a state sovereign. The states are not sov- ereign, at least not in the broadest and truest sense. The ques- tion with me w r as and is what will best promote the welfare of Wyoming in the future? What will be for us the best form of government for all times? I have found in myself no sympathy with any combination against any locality. I believe all will agree with me that my record has shown that I have not been localized, that I am free of any local considerations here, but that I have as broadly as (I am able, with such states- manship as I can command, advocated what I believe will be the best form of government for Wyoming. What will best preserve it, what will be best for its interests, what will be the best checks upon frauds and mismanagement, what will give us the wisest legislation, w T hat will build us up, and make us more truly to form the broadest and grandest commonwealth 572 CONSTITUTIONAL CONVENTION. within the states of the union. I am satisfied that it is best for the future interests of this state that we so constitute our leg- islature that one branch shall be a check upon he other, and for that reason I am of the opinion that a senate composed of one and only one member from each county of the state is the best form of government. Mr. BAXTER. The gentleman from Albany last upon the floor has not stated correctly the position which I took with ref- erence to the sovereignty of the states. I don't desire you to think for a moment that I suppose the states are sovereign. I stated distinctly, or it was my intention to do so, that they occupy an entirely different relation from that which they did when .the government was formed. When the government was formed I said they were all separate and independent, and only united because of the necessities of- the situation. The consti- tution of the United States was drafted in 1787, and provided when nine states shall ratify it, it should be sufficient and go into operation. Mne states ratified it at one time, and pro- vided for an election in 1788, when Washington was elected #s their choice, and he qualified and assumed the office in 1789, and it was not until more than a year after Washington had ssunied the office of president that North Carolina and Ehode Island ratified the constitution and came in. They had de- clined to come in, and until they did ratify the constitution, they were considered as sovereign and independent states, and this is what /I stated before, or at least intended to do so. Mr. CHAIRMAN. The question is on the amendment of the gentleman from Converse, to substitute the section of the original report of the majority committee on legislation, in- stead of the sections in the majority report of the apportion- ment committee. All in favor of the amendment will say aye"; contrary no. A division is called for. All in favor of the amendment will rise and stand until counted 11. Those op- posed will rise 17 The motion is lost. I would call the at- tention of the committee to the fact that the legislative report and the report on apportionment do no agree. The number in the house has been changed from thirty to thirty- three, and the report of the apportionment committee should be reconsidered in order t'o make it conform. Mr. TESCHEMACHER. I move that we now reconsider the report of that committee so as to have it changed to conform with the report of the legislative committee. Mr. COFFEEN. I rise to a point of order. I am in favor of what the gentleman is moving for, but by the adoption of that report after we arose on Saturday night, put it beyond our reach. PROCEEDINGS AND DEBATES. 573- Mr. MORGAN. The gentleman does not seem to understand that the question before the house is to reconsider that report. This the committee certainly can do. Mr. IRVINE. As by the action of the committee the num- ber of members of the house has been increased by three, has anything been decided as to where those three members shall go ? I want to raise that question right here. Mr. TESCHEMACHER. That's what we want to reconsid- er for. Mr. CHAIRMAN. The question is on the motion of Mr. Teschemacher to reconsider the report of the apportionment committee, so as to make it conform to the legislative report. All in favor of the motion will say aye ; contrary no. The ayes have it; the motion prevails, Mr. FOX. I have a proposition which I wish to submit. The apportionment as it stands now is as follows: Albany county, two senators and five representatives. Carbon county, two senators and five representatives. Converse county, one senator and two representatives. Crook county, one senator and two representatives. Fremont county, one senator and two representatives. Laramie county, three senators and six representatives. Johnson county, one senator and one representative. Sheridan county, one senator and one representative. Sweetwater county, two senators and three representatives* Uinta county, two senators and three representatives. Now the way I figure it out is this. Albany county, with a population, or vote rather, of 2,608, is entitled to two senators, plus 208, and five representatives, minus 392, and the difference between her plus and minus vote is 184. Figuring Carbon county the same way, her vote being: 2,633, she is entitled to two senators plus 233, and five repre- sentatives, minus 367, the difference between her plus and mi- nus vote being 134. Converse, with a vote of 1,350, is entitled to one senator plus 107 votes, and to two representatives plus 107 votes, making a total plus vote for Converse of 214. Crook county, with a vote of 1,350, is entitled to one sena- tor plus 150, and to tw r o representatives plus 150, making a total plusage for Crook county of 300. Fremont count}', with a vote of 1,047, has one senator mi- nus 153, and two representatives minus 153, a total minus for Fremont of 306. Johnson county, with 916 votes, has one senator minus 284, and one representative plus 316, giving Johnson county a plus vote of 32. Laramie county, with a vote of 3,695, is entitled to three senators plus 95, and six representatives plus 95. 574 CONSTITUTIONAL CONVENTION. Sheridan county, with a vote of 870, has one senator minus 330, and onr representative plus 270, giving; Sheridan mi- nus 60. Tint'a county, with 2,037 votes, lias two senators minus 363, and three representatives plus 237, or minus 120 in Uinta county. Sweetwater county, with a vote of 1,747, has two senators minus 653, and three representatives minus 53, a total minus of 706. This is the way the figures stand on the present appor- tionment. Xow my amendment is this: Albany county, two and five, minus 184. Carbon county, two and five, minus 134. Converse county, one and three, minus 386. Crook county, one and three, minus 300. Fremont county, one and two, minus 306. Johnson county, one and tAvo, minus 586. Laramie county, three and six, comes out even, 95 plus in the house and the same in the senate. Sheridan county, one and two, minus 660. Sweetwater county, two and two, minus 106. Uinta county, two and three, minus 126. Xow I think that is as fair as it can be made. I propose to give Converse county one and three, Sheridan county one .and two, Johnson county one and two, and Crook county one and three. I have taken one from Sweetwater county and al- lowed it to Crook, as Sweetwater was allowed two and three, with a minus of 706. While I have given Crook an extra one, -with only 300 minus. I think that is much more equal. Mr. COFFEEX. I think the gentleman will excuse me, T}iit I think he has made a mistake in his figures. I notice the vote of Crook county is only 1,150, and he has thirty-four mem- ~bers instead of thirty-three, an extra one. Mr. FOX. The gentleman is mistaken, for $ have taken one from Sweetwater, making thirty-three in all. Mr. BAXTER. It seems to me we will have to do this thing #11 over again. Mr. COFFEEX. It seems to me that the easiest way to get at this is to go back to the first principles, where we left off, and decide by a vote where these three extra members shall go. I think it is generally understood where they should be placed. I will make that amendment. I move tfiat we simply declare it the sense of this convention that the extra three members shall go one to Converse county, one to Johnson -county and one to Sheridan county. Mr. TESCHEMACHER. Second the motion. PROCEEDINGS AND DEBATES. 575 Mr. ROWN. I should like to know how this question gets here. It is a surprise to me. On Saturday the committee of the whole had this matter under consideration, fixed definitely and positively the apportionment and where the different num- ber of representatives should be assigned, the committee report- ed that back to the convention. The convention ordered the approval of the report' of the committee, and the report was placed in the hands of the engrossing committee, as the record will show. Mr. TESCHEMACHER. I beg your pardon. I don't care what the record will show. I will say that the secretary never placed it in my hands. Mr. CHAIRMAN. The record does not 1 sustain you. Mr. BROWN. Wa,s not the apportionment decided upon ~by the committee and reported back to the convention with the recommendation that it be accepted as the final appor- tionment by the convention. Mr. MORGAN. Why discuss here what the committee did or what the convention did not do? It is now half past twelve, and a number of the Laramie county delegation will have to be at court this afternoon. One member of the bench will be there for the last time, and they desire to be present, I sug- gest we now rise and adjourn until 3 o'clock. Mr. CHAIRMAN. The question is on the amendment ol- iered by Mr. Coffeen. All in favor of the amendment will say aye: contrary no. The ayes have it; the motion prevails. Mr. MORGAN. I move when this committee arise they re- port back to the convention with the recommendation that the convention adopt the report of the committee fixing the number in the legislative report conforming to that in the ap- porti on] 1 1 en t report. Mr. CRAJRMAN. Gentlemen, you have heard the motion. Are you i -early for The question? All in favor of the motion will say aye; contrary no. The ayes have it; the motion prevails. Mr. BROWN. Have we conformed this bill with the appor- tionment file? 1 1 strips to me that we have only r.,ade them agree as to the number in the house, thirty- three, and the sen- ate, sixteen, giving Johnson, Converse, Sheridan and Crook counties each one more each than we gave them the other day. Mr. POTTER. >In order to make them conform, I move wherever the word "vote" is used that it be made to read' "pop- ulation" instead. Mr. CHAIRMAN. Gentlemen, you have heard the motion. All in favor of the motion will say aye; contrary no. The ayes have it; the motion prevails. Mr. CAMBPELL. I move the committee now rise and re- port. 576 CONSTITUTIONAL CONVENTION Mr. CHAIRMAN. You have heard the motion. All in fa- vor of the motion will say aye; contrary no. The ayes have it the committee will now rise and report. (See journal page 82.) Mr. MORGAN. I move we now take a recess until 3 o'clock. Mr. PRESIDENT. Gentlemen, you have heard the motion, that we now take a recess until 3 o'clock. All in favor of the motion will say aye Contrary no. The ayes have it; the conven- tion will take a recess until 3 o'clock. AFTERNOON SESSION. Monday afternoon, Sept. 23 ? Mr. PRESIDENT. Convention come to order. In accordance with the request made of Committee No. 1O this morning, they have sent in their report. The secretary will read. (See jouranl page 83.) Mr. PRESIDENT. What is your further pleasure, gentle- men? Mr. TESCHEMACHER. Committee No. 19 would like to make a report. Mr. President: Your Committee No. 19 have revised Articles 2 and 3 of the constitution, and present them for final passage. Mr. POTTER. I object to receiving the report at this time on this ground. It is not the proper time to bring it before the convention. We never will get through. I take it these arti- cles have been adopted and referred to the revision commit- tee, and they don't come back here until the whole constitution is put in form and submitted as a whole for adoption. Mr. TESCHEMACHER. The revision committee yesterday asked permission to bring these matters in in this way, so that the enrolling could be done as each article is adopted. Other- wise, if you wait until the last day, under these rules they will all have to be enrolled before we can take any further action, and that means three or four da}^s extra work. The rule says, "the committee on revision having completed its revision as pro vided in the preceding rule, shall report the article or arti- cles of the constitution of Wyoming to the convention, when it shall be fully read, and when it is thus read the ques- tion shall be on the article or articles so revised or amended, and if the same shall be in the affirmative the constitution as a whole shall be carefully enrolled under the supervision of the committee on revision and adjustment, and signed by the pres- ident and members of the convention." Consequenty the enroll- ment cannot be begun until these article have been adopted,. PROCEEDINGS AND DEBATES. 577 and then we would have to do two or three days work and the members would have to remain here so their signatures could be attached to the document. I asked permission to present these articles in this way, and the convention decided it should be done. We have decided upon articles two and three, and that the preamble shall be Article 1, and if we can have them adopted we can have them enrolled with very little extra work. Mr. POTTER. I construe Rule 53 entirely different and also, 54. Rale 53 says: "So soon as any entire proposition for in- corporation in the constitution shall have been disposed of, such proposition if agreed to by the convention shall be referr- ed to the committee on revision and adjustment, to be by that committee embodied in the constitution." Rule 54 says "the committee on revision having completed its revision as provid- ed in the preceding rule shall report the article or articles of the constitution." That don't mean the different articles shall be reported separately, but if the constitution shall consist of but one article then we shall adopt that one, but if more than one article is reported, if there is more than one article in the constitution, then we shall adopt them. That is the way I un- derstand it. Mr. TESCHEMAOHER. The only question is time for the enrollment. I explained that to the convention day before yes- terday. I don't know whether you were present or not. I ex- plained that if we really acted in accordance with these two rules, then the revision committee could not do a single thing towards enrollment until every article of the constitution had been adopted, and consequently we should have to remain here during the time necessary to enroll the whole constitution, after it had been adopted, and I asked permission to change the plan and suggested this method. Mr. PRESIDENT. I will state my construction of these rules. We had at the beginning no committee on engrossment. In my opinion we needed no such committee, because of the con- struction of these several rules, and the provisions made by them. I take it that the rules mean simply this : As we pass upon certain propositions, and they are referred to the com- mittee on revision, they bring them back to the convention in articles, or as propositions, having revised the language, at- tended to what is commonly called the engrossment of these bills, bring them back revised as to the language and in the best form they can be put. They are then put upon their final reading and we vote upon them, or change them as necessary, then the revision committee takes them and puts them as a whole into the constitution, and we again pass upon that con- stitution as a whole. These are perhaps properly arranged as articles. The rules evidently indicate that the propositions as 37 578 CONSTITUTIONAL CONVENTION. adopted and sent to the revision committee shall come back to us in the form of articles revised for the constitution, and then be finally voted upon. But we have got to do it in a different way. We have no engrossing committee, their duties are per- formed by the revision committee, and these propositions have come back to us engrossed. The question now is whether it is necessary for us to again act upon these matters in different articles as revised by this committee. The convention under- took to give its advice a day or two ago, and instructed the com- mittee to proceed with their work. The committee have pre- sented their report in accordance it seems to me with the in- structions of the convention. It is for you to determine if we shall take these matters up and examine them at this time, and vote upon the work of the revision committee, or leave it until they are all through. The matter is under the control of this convention to do as they think best. Mr. POTTER. I withdraw my objection. Mr. TESCHEMACHER. If we acted upon the suggestion of Mr. Potter the revision committee would be obliged to be out- side of the convention altogether, take no part in the debates and discussions of this convention, and that might be a good thing for the convention. Mr. PRESIDENT. The chair will take up the regular order of the day. Mr. CAMPBELL. I move an amendment to the rules that an extra committee be appointed, to, be known as committee on address to the people. I think some person should be at work on that before the constitution is adopted. Mr. PRESIDENT. I wish the gentleman would include ad- dress to congress as well as to the people. Mr. JOHNSTON. Committee No. 8 desires to make a re- port. Mr. PRESIDENT. I take it Mr. Campbell simply desired to give the usual notice in regard to the amendment to the rules. If there is no objection the report of Committee No. 8 will be read. (See journal page 83.) Mr. PRESIDENT. Resolutions requiring no debate may be adopted at once under our rules. Resolutions requiring debate must lie over one day. I take it there is no debate upon the passage of this resolution. Mr. JOHNSON. I was going to make a motion to sus- pend the rules, and move its adoption if necessary. Mr. PRESIDENT. The question is on the adoption of the resolution as read. So many as are of the opinion that the res- olution be adopted will say aye; those of the opposing opinion will say no. The ayes have it; the resolution is adopted. The chair will refer the resolution to the engrossment committee, PROCEEDINGS AND DEBATES. who will be required to furnish two engrossed copies of the resolution to be forwarded in accordance with the instructions therein contained. A motion to go into committee of the whole is now in order. Mr. POTTEK. I make it Mr. BUERITT. Second the motion. Mr. PRESIDENT. It is moved and seconded that we now resolve ourselves into committee of the whole for consideration of the general file. So many as are in favor of the motion will say aye; contrary no. The ayes have it; the motion prevails. Will Mr. Elliott take the chair? Mr. CHAJRMAN. The file for consideration is No. 66, by Committee No. 10. Your Committee No. 10 revised File No. 66 as originally referred to this convention, and report it back a a follows 1 : Sec. 1. No person not a citizen of the United States or who has not declared his intention to become such shall be employed upon or in connection with any state, county or municipal works or employment. Sec. 2. The legislature shall by appropriate legislation see that the provisions of the foregoing section are enforced. Mr. CAMPBELL. I move the adoption of the report as read. Mr. REED. Second the motion. Mr. BROWN. I move, Mr. Chairman, that when this com- mittee rise it report back the file as amended with the recom- mendation that it do pass. Mr. CAMPBELL. Second the motion. Mr. CHAjIRMAN. All in favor of the motion will say aye; those opposed no. The ayes have it; the motion is carried. The next bill on the general file is File 82, on police powers. Sec. 1. It shall be unlawful for any person or corporation to exercise the police powers of this state, without due authority of law. Sec. 2. The legislature shall incorporate laws to see that the provisions of the foregoing section are enforced. Mr. CHAIRMAN. Any amendment to the file? Mr. REED. I have got a substitute for that file. "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 ap- plication of the legislature, or executive, when the legislature cannot be convened." Mr. BROWN. I move the adoption of the substitute in lieu of the original. Mr. REED. Second the motion. Mr. CHAIRMAN. It is moved and seconded that the substitute be adopted in lieu of the original. All in favor of 5 So CONSTITUTIONAL CONVENTION. the motion will say aye; those opposed no. The ayes have it; the motion is adopted. What will you do with the substitute, gentlemen? Mr. BROWN. I move that w r hen this committee arise the substitute be reported back to the convention with the recom- mendation that it be adopted. Mr. MORGAN. Second the motion. Mr. CHAIRMAN. Gentlemen, you have heard the motion. All in favor of the motion will say aye; those opposed no. The ayes have it; the motion is carried. Substitute for File No. 50. This is the report of the com- mittee on Sec. 28 of the substitute offered for File No. 50. The rest of the substitute was agreed to but this section w r as referred back to the committee. "Appeals from decisions of compulsory boards of arbitra- tion shall be allowed to the supreme court of the state, and the manner of taking such appeals shall be prescribed by law." Mr. POTTER. I move when this committee rise it report this section Back to the convention with the recommendation that it do pass. Mr. BROWN. There is another file here which refers to boards of arbitration. It seems to me that 1 File 84 covers everything. Mr. HAY. I would like to inquire in regard to File 84, as to the means of payment of these boards. I think they should be paid. Mr. CHAIRMAN. I would suggest that that is a matter which the legislature can provide for. It is moved that when this committee rise they report back this section with the recommendation that it do pass. Are you ready for the question? All in favor of the motion will say aye; those opposed no. The ayes have it; the motion is carried. Substitute for File 31, railroads^ Mr. CHAIRMAN. Mr. Baxter made an mendment to Sec. 2, to strike out all after the word "and" and insert "common carriers, and as such must be made by law to extend the same equality and impartiality to all who use them, whether Individ- uals or corporations." This was offered by Mr. Baxter as an amendment to Sec. 2. Mr. RINER. The objection to the proposed amendment was suggested here the other day, and the more I examine the mat- ter the more I am inclined to thinlTil is a very dangerous pro- vision. Without some saving clause it' forces upon a corpora- tion the necessity of charging their own employes for transpor- tation from one part of the line to another, f n order that they may carry on their business. This matter was suggested by Mr. Potter the other day, and since the matter was in commit- tee of the whole I have taken occasion to look into the question / PROCEEDINGS AND DEBATES. 58 1 and I am satisfied that the amendment as proposed by Mr. Bax- ter will lead to that result. I don't believe it is desired to pro- pose anything that will lead to that result. And cripple a cor- poration so that it cannot operate its line of road. Mr. BAXTER. If you would add "except employes" would that meet the objection? Mr. CHAIRMAN. The question is on the amendment of Mr. Baxter. Are you ready for the question? Mr. HOYT. I have a substitute for the section as it stands with the proposed amendment. "All railroad and telegraph lines are hereby declared to be public highways and common carriers, and as such they shall be required to deal impartially with the public, and shall make no unjust discrimination or unreasonable charges for the ser- vices rendered." Mr. POTTER. Second the motion. Mr. HOYT. I will say a few words in support of that propo- sition. I think every member appreciates the value of railroads, and we need more of them, and wishes to deal justly and fairly with them, but there are certain interests of the public, which the railroads themselves will concede, which should be preserv- ed and protected, and the object of this proposition is briefly to cover this ground, and protect the interests of the entire pub- lic. Mr. RINER. I don't wish to oppose the amendment, but would simply suggest if it is the purpose of this convention to go into pure legislation, we had better wipe out the legislature alto- gether and proceed to legislate. I think it is apparent to every lawyer here, at least, that Sec. 2 as it now stands is subject to legislative control entirely, to all intents and purposes, and they will have the right to go into the question of rates, if they see fit to do so. Now, as a matter of fundamental law, what is the use of loading down the constitution with a lot of words which mean nothing. If it gave the legislature one single bit more power than they have now, I will vote for the amendment, tout I will ask Judge Brown if he thinks it does. Has not the legislature the same power under Sec. 2 as it now stands as it will have with the amendment. Mr. BROWN. I don't like to pass upon that question. Mr. RINER. If the legislature hajs not the power and Governor Hoyt's substitute gives it the power, I will vote for the amendment. But I think there is no necessity for it at all. We are here to make a constitution and not for legisla- tion. I have no objection to the principle, but I don't think the amendments offered add one thing to the section except words. If as a matter of law it alters its legal effect, I will vote for the amendment. 582 CONSTITUTIONAL CONVENTION. Mr. BAXTER. I am opposed to the substitute and I favor the adoption of the amendment. It seems to me only proper; my Mend from Laramie has said it is right, and if it is right I see no objection to incorporating it into the constitution. I want to say to him, and to the other members on the floor of this house, that I have no sympathy whatever with this feel- ing of hostility that we find in some part's of the country to- wards corporations, not only railroads, but corporations of any kind. I have lived at different' times in places where it was only necessary for a man to bring suit against a corporation, without reference to the facts in the case, to -ain a verdict - by the jury. I have got no> sympathy with that spirit, but at the same time I fail to see any impropriety of putting into our constitution that which the gentleman himself says is proper- ly within the power of the legislature to exercise, jlf they have the power why not declare they have the power? The next ob- jection that is raised is that as it stands it will exclude em- ployes. This is a forced construction. Everybody will under- stand tht the employes necessarily employed in the operation of a railroad shall be excluded from that section, that is under- stood and there is no use in putting it in here. There is no re- striction upon railrods transporting their own employes. My colleagus says the legislature already has the power. That may be, but sometimes it is well enough to put it in, well enough to declare a principle, even if the legislature has the power. It was argued here the other day on this question preventing the entering into contracts by corporations with their employes, releasing them from any liability in case of accident, it was argued here at that time that there was no necessity for it, any such contract was void if made, that such a provision would not add any strength to the proposition, if made. If that is the case why is it they attempt to make such contracts, and when secured why do they attempt to stand upon them? I sus- pect this amendment as submitted is a little too plain to be sat- isfactory. I think it is right and proper that it should go in there, it is admitted that it is right, and if right there can be no impropriety in putting it in. It is contended that corporations should stand as individuals; we hear that argument made time and again, and invariably overruled. Corporations are creat- ures set up by the government with special powers, on the theory' that they are in some way contributory to the public good, and if endowed with special powers they should be sub- ject to the control of the people. I believe it is proper that this should go in, and I don't believe the substitute covers the ground as well as the amendment, and for that reason I stand by the amendment as offered. Mr. CHAJRMAN. Are you ready for the question? PROCEEDINGS AND DEBATES. 5SJ Mr. POTTER. I want to read what I take from the consti- tution of Illinois, adopted in 1870, which it seems to me struck at the root of the whole business. "The general assembly shall pass laws to correct abuses and prevent unjust discrimination and extortion in the rates of freight and passenger tariff on the different railroads in this state, and enforce such laws by ad^ equate penalties, to the extent if necessary of forfeiture of their property and franchises." It seems to me that Governor Hoyt's proposition was some- thing like this; I have only heard his read once of course. Mr. RINER. There is a portion of Governor Hoyt's substi- tute that perhaps can well be adopted. I was talking to Judge Brown, however, and he and I both agree that for the purpose sought to be accomplished, that the language as contained in Sec. 2 as printed is the better language. Adding the last sen- tence of Governor Hoyt's proposed amendment makes just the change he seeks to make. His proposition jl think much better than the one proposed by Mr. Baxter, and I therefore would sug- gest that change. Mr. SUTHERLAND. 1 am in favor of Mr. Baxter's amend- ment, and opposed to the substitute for just that one word "un- reasonable." I would like to ask any man who has had deal- ings with any railroad, if they can define what the word "un- reasonable" means. I have paid as high as twenty-two dollars for a car from Sherman, and in less than three days after have paid sixteen. I went to the office and told them that they had made an "unreasonable" charge and they gave me to under- stand that it was no unreasonable charge, and for that reason I am opposed to this substitute. Mr. MORGAN. I don't like that word unreasonable in this section: Why not just say "without discrimination," that is much stronger than qualifying it by the word "unreasonable." Mr. CHAIRMAN. Are you ready for the question? Mr. RINER. I want to know whether Governor Hoyt ac- cepts my suggestion before I vote. Mr. HOYT. I accept it. Mr. COFFEEN. I would ask for the reading of the first amendment offered by Governor Baxter. I am oppqsed to the substitute because the wording is not so clear and strong as this amendment. You talk about unjust discrimination, I want it understood that I vote against discrimination of any kind, believing that any discrimination is unjust. I am in favor of Mr. Baxter's amendment and opposed to the substitute. Mr. CHAIRMAN. The question is on the substitute. AH in favor of the substitute as offered by Governor Hoyt will in- dicate the same by saying aye; those opposed no. The noes have it ; the substitute is lost. The question now recurs on the amendment offered bv Mr. PJaxter. 584 CONSTITUTIONAL CONVENTION. Mr. BAXTER. In order to have this in the best language possible, I would like to ask whether it is proper to call tele- graph lines public highways ; if it is I will leave it. Mr. POTTER. That is all right. Mr. CHAIRMAN. The question is on the amendment of Mr. Baxter. Are you ready for the question? Mr. RINER. iL move to amend by adding "and their fami- lies." Mr. REED. Second the motion. Mr. Oil AIRMAN. The question is on the amendment. All in favor of the amendment offered by the gentleman from Lar- amie, Mr. Riner, will say aye; contrary no. The ayes seem to have it. A division is called for. All in favor of the motion to amend will rise and stand until counted 13. Those opposed will rise and stand 10. The amendment is carried. The ques- tion now recurs upon the amendment as amended. Are you ready for the question? As many as are in favor of the amend- ment will say aye; those opposed no. The chair is in doubt. As many as favor the amendment will rise and stand until counted 14. Those opposed will rise 9. In the negative. The amendment is adopted. Auy further amendments to this File 31? Mr. 11OYT, 1 wish to offer a substitute for Sec. 3 as fol- lows: "Every railroad corporation or association operating a line of railroad within this state shall be required as often as once annually to make a report under oath to the auditor of state, showing the amount of its business within this state, together with such other facts as the legislature may require, and in such form as the auditor shall prescribe bv authority of law." If there is a second to the substitute I will explain. Mr. COFFEEN. I second the amendment, but it seems to me that they should be required to make this report under oath. Mr. HOYT. It says under oath. In the first place, I think there should be authority in the legislature covered by the con- stitution to require other facts if it should be deemed import- ant; the amount of business is one thing. I believe, I may say, after having a good deal to do with railroad matters for a term of years, I feel satisfied that both the interests of the corpo- rations themselves and of the state, would be promoted by a thorough knowledge of the facts. Often the stockholders them- selves are working in the dark. Voting and acting in the dark, matters are left to the directors, who control the affairs, and the stockholders have but little knowledge of the business. It is important then and to the interests of the stockholders that they should have information, and the state should have such information. There would be no harm done to any corporation that is dealing justly and fairly with the public in having all PROCEEDINGS AND DEBATES. 585 the facts spread before the world. This does not require any specification of fact's, but simply says "such other facts" in con- nection with their business as the legislature may deem it im- portant to the public interests to require, and the form shall-be prescribed by the auditor, who shall be delegated by law with such power. I think that very often the quarrels and general warfare that is carried on between railroads and the public are because the public do not understand all the facts and circum- stances and difficulties connected with the operating of a rail- road, on the on side, and the railroad having antagonized the public on the other side, and if the facts were known these troubles would be avoided, and I think there should be some such provision, in the interests of the corporations as well as of the public. Mr. CHAIRMAN. The secretary will read the substitute offered for Sec. 3. (Reading of the substitute.) Are you ready for the question? Mr. RINER. I would like to ask the legal fraternity of this convention what is added by the proposed amendment to this section. The legislature may prescribe that that report shall T>e made under oath, that it shall be made by the president and secretary of the company, they may prescibe that it shall show a list of stockholders, and the amount of stock held by each, they may require anything which the legislature may think proper to require to protect the public interests. If w r e are go- ing into the question of legislation, let us do it. I think I see gentlemen here who would be glad to take up these matters, and go into the question of rates and load them down with : stuff in this constitution that will have little legal weight what- ever. This section as it stands gives the legislature just as full and complete powers as the proposed substitute, and is worded 'in language that cannot be mistaken, I think that the amend- :ment offered is unnecessary, because it gives to the legislature no additional powers, and gives a chance for trouble about the construction of the language, whereas the language here is plain and simple and can be construed without a ay difficulty by either lawyer or layman. But the greatest objection I have to the amendment is that it is legislation, and has no place what- ever in this constitution. Mr. HOYT. In answer to that I merely wish to ask the gen- tleman if it is- so highly improper and unnecessary to add the proposed provision, why is this section offered at all? I believe that the p'eople have the power in themselves, inherent in the people of the state, to regulate these corporations. There are many powers inherent in the people, yet when we frame a con- stitution we insert provisions concerning them, giving instruc- tions to the legislature and giving notice to the world regard- 586 CONSTITUTIONAL CONVENTION. ing them, that they may understand and that the people may- understand what is expected of them. Now if the proposition offered is out of place, then this section in the printed bill is out of place. Xow I only wish, Sec. 3 having been introduced and considered at some length, to perfect it if possible, and per- fect it in the interests of all concerned. I am op- posed to legislation in the constitution. I opposed it from the beginning, but here is a provision, an article which we propose to adopt, in some other form or another, even if it is legislation,, so let us make it as clear as we can. % Mr. RINER. I don't seem to succeed in making myself plain. I didn't know that I said it was unnecessary to adopt Sec. 3. My proposition was that the proposed amendment adds nothing to Sec. 3. I am not opposed to Sec. 3. The section as it now stands provides this report shall be made in such form as the legislature shall prescribe. J say that in that language, "in such form as the legislature may prescribe," under that lan- guage the legislature may require a railroad to show anything- that they deem necessary and important for the public to know. They may require them to embody in that report a list of their stockholders, the number of shares held by each, they may re- quire anything relating to their business that the legislature see fit, I sav this that the section as it stands is better than the amendment, and I stick to it. Where a form is prescribed you are limited to the form, and you are bound, and the legislature is bound, and has only power to put in their requirement such matters as are stated in the constitution. Let us leave it as it is, it is broad enough and leaves the legislature power to re- quire at the hands of the company any matter which in their wisdom they deem necessary and important. I say that the proposed amendment weakens the provision, because the amendment undertakes to prescribe what that report shall in- clude, and is a limitation upon the power of the legislature. It is well known to every lawyer that where a form is prescribed you are limited to the form, and I w r ant to know if leaving the entire form to the legislature as in this section, does not leave the matter in better shape and upon a better basis, as a consti- tutional provision? I think it does. Mr. HOYT. The gentleman's explanation seems to discover- to me that he has a different reading of the provision than I have. This is the section: "Every corporation or association operating a line of railroad w r ithin this state shall be required as often as once annually to make a report under oath to the auditor of state, showing its business within the state, in such form as the legislature may prescribe." The word amount is not there. I merely want to have this in such shape that there- PROCEEDINGS AND DEBATES. 587- will be no question about it, and if the convention thinks the section as printed covers the whole ground I withdraw my sub* stitute. (Substitute is withdrawn.) Mr. TESCHEMACHER. I move when this committee- arise they report back the substitute for File 31 with the rec- ommendation that it do pass. Mr. HOYT. Second the motion. Mr. CHAIRMAN. You have heard the motion. All in fa- vor of the motion will say aye; those opposed no The ayes have it; the motion prevails. File No. 60, federal relations. Mr. CHAIRMAN. The secretary will read Sec. 1. (Reading of Sec. 1.) Is there any ataiendment to Sec. 1? If not Sec. 2 will be- read. Mr. POTTER. It strikes me, although I have not read the bill under which all these states are admitted, it strikes me that these matters contained in this report come under the head of ordinances. It strikes me that W 7 ay. I know Sec. 2"' does. (Reading of Sec. 2.) Mr. CHAIRMAN. Any objection to Sec. 2? If not Sec. 3' will be read. (Reading of Sec. 3.) , Mr. CHAIRMAN. Any objection to Sec. 3? Mr. HOYT. It occurs to me that Sees. 2, 3 and 5 ,while- proper in themselves, these sections necessarily belong to oth- er articles to be incorporated in the constitution, and should be omitted from this ajrticle. I think part 1 of them belong in the bill of rights, and in the file on public schools, the educa- tional article, and are found there. Mr. FOX. The committee's report recommended that these- should be put in the constitution where they belong, as the re- vision committee may decide. Senate bill 2,445, under which we hope to come in as state, makes this requirement embodied in Sec. 3, so the committee on federal relations thought they ought to report it. Mr. POTTER, I think I can call Governor Hoyt's atten- tion to the senate bill, to the end of the bill where it refers to Wyoming, and I find the same provision in the bill referring to other states, that said convention will provide by ordinances irrevocable, without the consent of the United States and the people of said state, certain things, and this section is in exact- ly the words of the senate bill. No matter if they are in other places of the constitution, they must go into the constitution^ under the head of ordinances. -588 CONSTITUTIONAL CONVENTION. Mr. BURRITT. I think the revision committee can at- tend to all these things, and I therefore move that when this committee arise it report this file favorably to the convention with the recommendation that it do pass. Mr. CHAIRMAN. I want to call attention to Sec. 4. It strikes me as being very broad. Mr. POTTER. That is just what the senate bill declares, :that the debts and liabilities shall be assumed by said state. Air. BROWN. I offer as a substitute for Sec. 4, "All debts and liabilities of the territory of Wyoming shall be as- -surned and paid by this state." Mr. POTTER. Second the motion. Mr. CHAIRMAN. The question is on the substitute offer- ed by Judge Brown, to Sec. 4. Are you ready for the question? As many as favor the substitute will say aye; those opposed no. The ayes have it ; the substitute is adopted. Any further amendments to the file? It is moved that this file be reported back to the convention with the recommendation that it do pass. Are you ready for the question? All in favor of the motion will say aye ; those opposed no. The ayes have it ; the motion is carried. File No. 84. Mr. RINER. I move when this committee arise it report back this file with the recommendation that it be adopted as a part of the constitution. Mr. BAXTER. It seems to me that in its present shape it is entirely too far reaching, if I understand the purpose of the provision. It says: "The legislature shall establish boards of arbitration, whose duty it shall be to hear and determine all differences and controversies between laborers and their em- ployers." My idea about this board is this; they don't care to hear the differences that may arise between me and some- body I have employed to build a fence, or any trivial matter of that kind, if they do you will have boards of arbitration sitting constantly. I understand the object of this proposition is to reach matter of such gravity as would threaten a strike of any considerable number of employes, that such differences shall be submitted to a board of arbitration, and not may be, as Mr. Riner seems to understand, upon application of either party. I believe it to be the intention of this committee to indicate in some way or other when parties shall call upon a board of arbitrators to adjust their differences; others may do it if they choose, but we should not say here that all differences between employers and employes shall be submitted to a board of ar- bitration. Mr. SMITH. I move to strike out "on the district courts." PROCEEDINGS AND DEBATES. 589. Mr. CHAIRMAN. It is moved and seconded that the last four words In the last line of this file be stricken out. Are you ready for the question? Mr. SMITH. I would like to ask the attention of the con- vention to this, as it reads. Where are you going to limit them if they have all the powers and privileges conferred by law On the district courts? Who is to determine what is "applicable?' 7 I am in favor of a measure of this kind, but I m in favor of its being regulated by law in such a way as they Avill be in a posi- tion to do something, but as it is now itwill simply amount to a dead law. Mr. CHAIRMAN. Are you ready for the question? All in favor of the motion to strike out w r ill say aye; contrary no. The* ayes have it ; the motion to strike out prevails. Mr. HAKVEY. I think this thing is absurd. Mr. CHAIRMAN. Does the gentleman wish to make a mo- tion? Mr. HARVEY. No, I don't care to, but this thing seems ab- surd as it is now. Mr. BAXTER. I think myself it is desirable to have a prop- osition in this constitution which will make it binding upon either party to a contest to submit it to a board of arbitration, provided the employer is employing labor of such an amounjfc as to seriously threaten the disturbance of the peace of the country, but it seems to me that in its present shape it is a most extraordinary clause. It shall be the duty of the board to hear all differences between employers ami their employes. That means every man that employs hands. If I have a man working for me and we have some difference we have to go to this board. If an employer is employing labor of such quantity as to threaten a strike upon the part of a large number of em- ployes, there should be some provision for arbitration in that case, and not that they submit but that they shall come in and submit to arbitration upon the aplication of either party. Mr. P.URR.I.TT. The question as I understand it is upon re- porting back this file with the recommendation that it do pass.. This is the first time I have seen this file, and I have been reading it vigorously, endeavoring to get at the meaning of it, and been hoping that some member would get up and explain. I have heard no explanation as yet. If it said : "The legislature shall establish boards of arbitration, whose duty it shall be to hear and determine differences and controversies between la- borers and their employers upon such matters and in such manner as the legislature may prescribe," and stop right there,, there might be somei sense in it, but if this file passes in its present shape it don't mean anything in the world, it is just like a blank piece of paper, and J am opposed to the committee making any such report in reference to this file. You might 590 CONSTITUTIONAL CONVENTION. just as well wipe out the judiciary altogether. If this was in- tended by Committee No. 10 to reach corporations who bare differences with these labor organizations, why then it seems to me that it ought to be so worded. As it is now it fails to reach rthat purpose. Any person could drive a four horse team and w r agon through that and never touch that idea. I may be a blockhead, but I fail to see any meaning in it the way it now rstands. Mr. REED. There seems to be a good deal of controversy .over this file. If a man wall read, it over carefully he will see that, rthetfe is a good deal of sense in it, and not so absurd as .some of these gentlemen seem to think. Sec. 1 as it now stands lias already been adopted by another state. I will state that my object in proposing it to this convention was this, to pro- tect us. I presume everybody knows that the Union Pacific a short time ago was on the verge of a very important strike, similar to the C. B. & Q. I know it anyway, and know all about it. The company in trying to get around the strike in- sisted upon arbitration, and we refused to arbitrate, because we took the stand that we had nothing to arbitrate. One morning in Omaha every paper in the city came out and said the Brotherhood was bound to arbitrate, and should arbitrate. ^We didn't understand the sudden change of opinion, but simply to accommodate the public and the people at large we said we would arbitrate. They took one man, we took one man, and these two selected a third, and in two hours they decided that .our ground was just, and that the company was in the wrong. I want this proposition in here in some way so we can submit these differences. Your section in your judiciary bill is not going to reach these big strikes at all Mr. McCANDLISH. I would like to ask the gentleman, in the case he speaks of, suppose the case had been reversed, suppose the Brotherhood had wanted to arbitrate, and the com- pany had refused to arbitrate. There is nothing in this bill to make them arbitrate, if they don't want to, I would like to see something put in it to compel them to arbitrate. Mr. GREED. I will state that the Union Pacific Avill al- ways arbitrate; they have got their teeth cut; and the C., B. .&, Q. will always arbitrate. Mr. BROWN. I have a motion that I want to make, and I Tvish to state before hand why I make 'it. I don't believe in putting things in this constitution that will amount to about as much as the wind whistling around this statehouse, and when we keep in this proposition or article the words which follow "employers" in the second line it simply destroys the entire proposition, and makes it about equal to the whistling of the wind. When we undertake to do anything let us do it so that it will accomplish its purpose and reap results. I know PROCEEDINGS AND DEBATES. 59! what Mr. Keed want's to accomplish, and I offer this amend- ment because I believe it will accomplish just the object which the gentleman has in mind. T propose then to strike out all of these words in the third line, ''which shall be submitted to them in writing by all the parties." I propose to insert in the second line between the word "laborers" and "between" the word "organizations." The proposition which we desire to reach here is not the difficulties that constanly arise between an every day laborer and the man who employs him, every stable boy and Jris employer, but we want to reach a much more dangerous element. When men organize to resist the rights of their em- ployers they then become an organization, and as an organiza- tion they become dangerous to society. Under such circum- stances, when so organized, they destroy immense amounts of property ; they may destroy the entire property of a corporation, and if these matters are compelled by law to be submitted, ff these labor organizations may be brought to submit their dif- ferences to these boards of arbitration, society may be saved bloodshed, outrage and all other violence that we suffer from thisl cause. There is another thing about it, it will not only save the property of the employer, but if this measure is en- forced, it will save the men who organize to resist wrong, the results of their hard earnings, and it is to save them the expen- diture of their hard earnings m resisting w A at they believe to be wrong against their rights, that these boards of arbitra- tion should be established. Not only in their interest is it that we should establish them, to save them, but we should estab- lish them in the interest of general society, and for the good of society at large. These matters have been considered in every part of the world, strikes are common everywhere, men who think their rights have been taken away from them by organ- ized capital, to their injury, will resist the wrong, and have the right to resist, and I admire them when they do resist, but when they are compelled to resist to the extent of destroying life and property, they are injuring not only their employers, but themselves and society at large. There is but one way to reach these outbreaks, and they can be reached by these courts of arbitration, and I say to you, gentlemen, let us here in Wyo- ming a't least undertake to establish a remedy for these evils which are as wide as the world. When we undertake to do it by the establishment of a board, or a court of arbitration, we are taking one step in the right direction, you can depend upon it. Mr. COFFEEN. I would like to ask Judge Brown one ques- tion. I believe we are striking in the right direction in behalf of the vast number of laborers when we establish these - boards, but when he says or- ganizations of laborers, I think that term may be more limited 592 CONSTITUTIONAL CONVENTION. than we now think, not so broad as if we said "or associations.'*" The courts may decide the term organizations will limit this to* those that are established with their presidents and secreta- ries, in some large form or other, a small body of men associat- ed together ought certainly to have the benefit of this. I sup- port, this most heartily, but I am a little afraid of that word organizations as it is. "Or associations of laborers" I think would improve his amendment. Mr. BROWN. It seems to me that when we say organiza- tions of laborers, it is any organization of laborers, that is my idea, but if what the gentleman suggested will add anything to 1 it, I am entirely willing to accept the amendment. Mr. COFFEEN. I say'the word association would be a good word, organizations or associations of laborers, and that being accepted |I wish to say a word on this. I think this covers the ground perfectly; they must be submitted in writing and leave it to the legislature to prescribe what powers and authority they shall .possess, and under what circumstances they must come to arbitration, if necessary, and I believe the legislature will deal wisely with all these things. Again, while it is true, no doubt, what the gentlemean stated concerning the demands for arbitration, on the ,part of the corporation, and not the laborers, my own observation has been among the people with whom I have lived, that the laborers have in many cases- sought arbitration, and sought it in vain, and therefore I want it so it shall not be impossible to bring these matters to arbi- tration; that they shall be brought before these boards of ar- bitration, and I am therefore in favor of the amendment. Mr. BURRITT. If this file is open to amendment I desire to move an amendment to the amendment, but I won't designate it in that way. I offer this as a substitute for the whole prop- osition, and I desire to say, Mr. Chairman, just this : t to put our money into it. We expect to some day, and I don't for myself see the justice in dissolving it. Mr. HARVEY. I would like to ask if this is intended to wipe out these corporations without any hearing. Mr. FOX. Bona fide organizations it says. Mr. RINER, It is qualified by the words "business been commenced in good faith." Mr. BROWN. In answer to the question presented by the o-entleman from Converse, Mr. Harvey, I would say this does not wipe out without a hearing. The gentleman will see in an instant, by an examination of the section, that there are many questions of fact raised in this section. "All existing charters, franchises, etc., under which an actual and bona "fide organization shall not have taken place." That is one fact; a bona fide organization. Its business commenced is another fact. The good faith of the parties is another fact, Now all of these facts would seem to have to be considered before any organization is wiped out. Who is to decide upon these facts? How are they to be determined? The corporation must go into court and establish the fact that they cannot wipe them out un- der this provision. But another proposition: "business com- menced." That is not so clear to me. It seems to me that a railroad company, for instance, when organized, don't com- mence business when it commences to buy its right of way, it don't commence even when it commences constructing its road. 598 CONSTITUTIONAL CONVENTION. The business of a railroad is that of a common earner, and when we say commence business in the sense used here it means business, the business for which or the purpose for which the corporation was formed, and it is a dangerous word to use in the section it seems to me. Now perhaps the proposi- tion presented by Mr. Hay would also illustrate this same ques- tion. A corporation is formed and they undertake to acquire title to land. /If the purpose and the object is to mine coal, one of the incidents perhaps to its business would be acquiring ti- tle to the land, but the business of a coal mining company is producing coal, the main business of the company, so can you say that the business for which it was organized has been be- gun with the purchase of the land? It is a very difficult ques- tion I should say. I can see why the term business was used here by the committee. It is evidently used because the inten- tion was to cover a great variety of corporations, and you can- not say the construction of a railroad, because that would limit it to a single class of corporations; that the purchase of land for a coal mining company, because that limits it again to an- other class. The word business was used here by the commit- tee with a view of applying it to all classes of corporations, but I am afraid that it is a dangerous word to use. Mr. KIXEK. The suggestion made by Judge Brown, as to the condition of affairs out on the Sweetwater, in vieAV of the legislation had by congress, cuts no figure whatever. Con- gress has provided by law where any railroad company occu- pies a camion or pass in the mountains, where it is impossible to get through in any other direction, that another railroad can even condemn their track if necessary in order to get through, they have got to allow them to go through, so as a matter of fact the question of that corporation holding that can- yon up there and delaying the construction of the Northwest- ern, cannot be the case in view of the legislation had by con- gress. It is on public land. There has been a great deal said about the application of this section to railroad corporations. It hits fifty ditch companies and coal companies and other cor- porations where it hits one railroad, and if that is the purpose, although I must admit the danger of the suggestion made by Mr. Potter and Judge Brown as to the word dangerous, the section is not dangerous. The purpose of this is to wipe oat all of these straw companies on file with the secretary of the ter- ritory, that is all right, and I don't believe anybody will disa- gree to that. In the way this is worded, however, it must not only, in order to save the organization of a corporation, be or- ganized, have a president, secretary, etc., a bona fide organiza- tion, but if the business has not actually been commenced, in good faith, at the time of the adoption of this constitution. If a corporation fails in either of these things, under this provi- PROCEEDINGS AND DEBATES. sion of the constitution as here proposed, it will have no valid- ity. Here you require them to not only organize in good faith, for the purpose for which incorporated, but you require them to actually commence business, and I think that the term busi- ness will bear the construction placed upon it by Judge Brown. I believe it is dangerous, but I am unable without considering the matter to suggest just what word should go in there. The purpose of the section is all right, and I think the effect of such a provision a good one, but we should be careful to word it so as to avoid the objection made to it by Mr. Potter. Mr. SMITH. This section has been effective in the states where it has been used to meet just such corporations as have been referred to by Mr. Riner. There are many companies, ditch companies, commercial companies, and banking compa- nies, who two days before the election takes place to adopt this constitution, or two months before, who have not per- fected their organization. A great many organizations are or- ganized in good faith, for a special purpose, but not in good faith for the purpose of transacting the business organized for. The law as it stands now may be favorable to a particular kind of corporation, more favorable than under a state govern- ment, and they will organize for the purpose of securing rights they will have by so doing, and w T hich they would not have un- der state laws, and that is the intention of this section to pre- vent things of that kind. If they organized under the territo- rial law and they do not prosecute their business, they are not entitled to continue their charter, and they ought be compelled to give it up and organize under the state law. I think this sec- tion was drawn up also by the committee on railroads, when they made their report, but they did not incorporate it in their report, but thought this was the proper place for it. The public is interested in looking after its railroad lands, although I have no doubt whatever that this would apply to a railroad acting in good faith, dt proposes for instance to reach straw companies where it is evident they are trying to get hold of these railroad grants for speculation, and hold them and compel another road to buy them from it, a sort of blackmail you might call it. I understand this is intended for them, and I think it should be incorporated in this constitution, although I think perhaps that it might be worded differently. Mr. BROWX. I don't know that what I propose will exactly meet the situation, but I submit it for the consideration of the committee; that is to strike out the word "business" and insert "the purpose for which formed has been dilligently pursued in good faith." Mr. HAY. It seems to me that the object desired by these gentlemen can be reached in some other way. For the sake of reaching these straw companies referred to by them, I don't 6oo CONSTITUTIONAL CONVENTION. think we ought to effect the interests of every corporation that might not be able to pursue their business right along. I think if an organization elects its officers every year, keeps its or- ganization in force, have their board of trustees, their secretary and president, and show their good faith in keeping their or- ganization alive from time to time, it ought not to be dissolved; they may be unable to raise the money, I know a good many of that kind, organized in good faith, but who found it impossible to raise the necessary amount of money to carry out their plans and are not liable to within the few w r eeks before the adoption of this constitution. The question of the straw companies hold- ing the public lands ought to be reached in some other way, and not by affecting the franchises of corporations organized in good faith, and who are keeping their organizations alive in good faith every year. Mr. POTTER. I believe it is the unanimous sense of this convention that if any corporation has been organized in good faith, that it ought to be permitted to exist. I believe that is the sentiment of this convention, and that being the case, there is no use in saying anything more, or to hear any more ar- guments on this question if you believe that. I think it would be an outrage to take away their franchises if they are organ- ized in good faith, just as much an outrage as it would be to take away my property. Now then, I am going to add the fol- lowing to the amendment suggested by Judge Brown, or rather in place of his amendment: To strike out the words "business been commenced"-and insert "for the purpose for which formed ed, and which shall not have been maintained in good faith." I don't know as that is any better, but it seems to me that it is. Mr. COFFEEN. The gist of this article as prepared and re- ported by the committee is to know that the organization is in good faith to do something. If it does nothing, why I guess it ought to be gotten out of the way and let somebody take the field who will do something. The gist of it is that they should commence business in good faith. The first thing it is nec- essary for a corporation to do, is a part of its business, if it be the survey of the road bed, acquiring title to lands, or anything of that kind, the first thing it does, so I don't believe there is any danger in this section, and I don't believe we can improve upon it. The Washington constitution has exactly this same section in it, I think the section as it stands covers the ground perfectly. Mr. BAXTER. I move that this committee rise, report pro- gress and ask leave to sit again. Mr. CHAIRMAN. Gentlemen, you have heard the motion. Are you ready for the question? All in favor of the motion will PROCEEDINGS AND DEBATES. 60 1 say aye; contrary no. The ayes' have it; the motion prevails. 'The committee will now rise. (Committee report. See journal page 84.) Mr. PRESIDENT. What will you do with the report of jour committee, gentlemen? Mr. POTTER. I move it be adopted. Mr. PRESIDENT. It is moved and seconded that the report of the committee of the whole as read be adopted. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it ; the report is adopted. Mr. RINER. I move that we now take a recess until 7:30 this evening. Mr. PRESIDENT. Gentlemen, you have heard the motion. Are you ready for the question ? All in favor of the motion that we now take a recess until 7:30 this evening will say aye; con- trary ho. The ayes have it; the motion to take a recess pre- vails. EVENING SESSION. Monday evening, Sept. 23, 1889. Mr. PRESIDENT. Convention come to order. Gentlemen, at the hour of adjournment we were considering the report of the committee of the whole on substitute for Files N"o.j 11, 38, 42 and 72. The committee of the whole rose and asked leave to sit again. Mr. RINER. I move we go into committee of the whole for consideration of the general file. Mr. FOX. Second the motion. Mr. PRESIDENT. All in favor of the motion to go intt> committee of the whole will say aye; contrary no. The ayes liave it; th'e motion to go into committee of the whole pre- vails. Will Mr. Johnson of Laramie take the chair? Mr. CHAJRMAN. At the time the committee arose the question was on the amendment to Sec. 3, to strike out "busi- ness been commenced" and insert "and been continued.'' Mr. CHAPLIN. I offer this as a substitute: "All existing charters, grants of special or exclusive privileges under which organization shall not have taken place, or shall not have been in operation within ten days from the time this constitution takes effect, shall thereafter have no effect or validitv what- ever." I will state that this section is taken from Ilie Illinois con- stitution and seems to do away with the business part objected to this afternoon, and in my opinion covers the ground entirely. Mr. MORGAN. I like the original section pretty well, and if this substitute takes its place I shall like it equally wefi. 602 CONSTITUTIONAL CONVENTION. This article is of more importance than I thought when we adjourned. It is intended for something like this. There are numerous corporations in this territory which are virtually dead, but they can be revived by any designing man, and made alive under the new constitution when it comes into effect, with- out being subject to the provisions thereof. The corporation might be apparently dead, so far as the original organization was concerned, but it might have been organized under special favorable privileges, and be revived for' the purpose of getting the benefit thereof, and putting them into operation without being subject to the provisions of the constitution. I think my friend from Albany was mistaken in his ideas this after- noon, that this would effect railroad companies, because their business was that of common carriers, whereas in the incorpo- ration of a railroad company it is for the purpose of construct- ing and maintaining a railroad as well as common carriers. This is intended to prevent corporations which are virtually dead from being revived without being subject to the provisi- ons of the constitution. If they want to reorganize they can do so under the new constitution and be subject to it. It seems to- me there is no difficulty about this, and I think Sec. 3 or the- substitute will, either one of them, answer the purpose. Mr. SMITH. I hope this substitute will not prevail, because I think if you will look at this section carefully it is really a very important one. Now as to this word "business" as referred^ to here. The section a,s it reads, "bona fide organization shall not have taken place, and business commenced in good faith, at the time of the adoption of this constitution, shall thereafter have no validity." The word business there is unnecessary, the- gist of the whole thing is the good faith. There are a great inany corporations that have spent considerable money in ac- quiring franchises, that may have some particular purpose in. desiring to hold their franchises, yet have done nothing, that corporation has its existence. Every corporation until legally dissolved is an existing corporation and from what I have heard, here there are corporation papers on file in the office of the sec- retary of this territory covering almost every conceivable inter- est you can think of. These corporations by their charters here may be revived, and they are revived under the law which they w r ere created. A charter granted is a contract, and no constitu- tion or subsequent law can effect it, unless the right is especial- ly reserved at that time, and they are only subject to the laws under which the charter was granted, and if they prefer to act under the old charter there is no remedy for it, and you cannot make them subject to the new constitution. Another thing. I desire to call attention to the complications and difficulties that would arise in business if corporations did revive and do busi- PROCEEDINGS AND DEBATES. 603 ness under the old charter. There is always more or less litiga- tion connected with corporations. Mr. MORGAN. Let me read a section from the Pennsyl- vania, constitution: "All existing charters or grants or special or exclusive privileges under which a bona fide organization shall not have taken place and business been commenced in good faith, at the time of the adoption of this constitution, shall thereafter have no validity." That is almost word for word as we have it here. Mr. CHAIRMAN. The question is on the substitute offered by the gentleman from Albany, Mr. Chaplin. All in favor of the motion will say aye; contrary no. ' The noes have it; the mo- tion is lost. The Question now recurs on the amendment to strike out the words "business been commenced" and insert the words "been continued." Are you ready for the question ? Mr. POTTER, I really think that this amendment covers the ground and puts it just where we ought to have it. Nearly all the corporations formed in this territory are for private business purposes, nearly all of them, with the exception of the few railroad companies we have. They may own property, may have acquired property, and as I said this afternoon, may not have gone into actual business. Mr. Smith says that good faith is after all the gist of the whole matter. If there is an organization in good faith, it covers the whole question, and we need look for nothing further. They cannot prove that unless- they have gone into business or are making arrangements to* go into business and I am not sure whether the courts would not hold that it Avill not be considered so unless they have act- ually gtme into business, and as it would have' to go to the courts an} r way why not leave it entirely to them? Although all these other states have adopted this, but they may have some other questions, something in- those states that we have not got. They may have some law by which they can grant special charters. No charter has been granted in this territo- ry since I have been a resident of it. They have all been organ- ized under the general law. We have no special, exclusive, pri- vileges given to corporations. I don't believe one can be point- ed out. Mr. FOX. The object of this section here is to bring every- thing as near as possible under the state government when w r e organize. Under the restrictions we put on corporations, these old corporation papers that have never been used will be in demand. Parties will buy them up because organized under the laws of Wyoming territory, and they will carry out the ob- ject of the incorporation under the laws of the territory. I think this section is a good one and should be adopted just as it ia now. 604 CONSTITUTIONAL CONVENTION. Mr. BIXEK. In arranging this report on corporations, I think in the consideration of any one subject, we must view it in the light of the succeeding sections. Sec. 8 provides that "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 corporation." Take the case to which Mr. Hay referred this afternoon. Here is a corporation organized in good faith, for what purpose? The articles of incorporation say for the purpose of mining coal. They have invested a large amount of money in coal lands, but have not developed them as yet at all. They own the land, for which they paid the government price of twenty dollars an acre. By your adoption of Sec. 3, unless you put in a saving clause, as suggested by Mr. Potter, you dissolve tha,t company and take away its franchises. Now then hejre comes in the trouble of this whole thing. Members of the committees take out t^iis and that from the different state constitutions, without taking into consideration for a moment whether they effect the local conditions we have here or not. Now I say to this con- stitutional convention thait the people will never ratify a con- stitution which is going down into the pockets of the people of this territory and take away from them thousands of dollars which they have invested in corporations, such as Mr. Hay sug- gests. That is a corporation which. I know was organized and is organized and exists today in good faith, yet taking your whole report, coupling Sec. 8 with Sec. 3, and you take from that corporation not. only its franchises and its property (be- cause its charter is part of its property), but also the right to utilize that property, for other purposes. Supposing your con- stitution is adopted tomorrow, I a,sk you, more especially the legal members of the convention, whether or not as a matter of law they would not be w r iped out of existence? Mr. BKOWN. Let me ask you a question? How will you remedy the section so as to save such companies and yet main- tain the general object of the section? Mr. RINER. 1 think Mr. Pot'bejr's suggestion reaches the exact case. When it comes to the question whether or not par- ties have formed a corporation in good faith, we know that it is a w r ell defined proposition in law, the court will have no trouble in ascertaining what good faith is. "All existing char- ters, franchises, special or exclusive privileges, under which an actual and bona fide organization shall not have taken place and been continued in good faith at the time of the adoption of this constitution," I say that is broad enough, and as broad as we want to have it in this constitution. As to this matter no one can say I am speaking for any particular corporation, it won't effect a railroad in the territory. The section as it now reads, unless this amendment is put in, you will find, /I venture PROCEEDINGS AND DEBATES. 605 to say, stamp out of existence at least twenty-five corpo- rations which are maintaining their organizations in good faith, as much as the Northwestern railroad maintains it's or- ganization in good faith. It will dissolve a number of coal com- panies ; to my knowledge there is one formed a short time ago for the purpose of developing a coal mine near Rock Springs, a private corporation in which no railroad or no man who has any interest directly or indirectly in a railroad company, are" stockholders, they have bought their land and paid the govern- ment price for it, but as yet have done no work. Now are you going to say that companv shall be dissolved because they have not as yet done any work, and may not have done any at the date of the adoption of this constitution? They are poor men, laboring men, who thought they could do better at this than to work for the Union Pacific in their coal mines by the day. By your provision, unless you put in a saving clause such as suggested by Mr. Potter, you drive them back to the mines to work by the day. I say the thing is not right. Lejt us look at it as men, a intelligent men, who want! to do the right thing, in view of our local conditions here. You cannot take a section from the Pennsylvania constitution, another from Colorado, another from South Carolina, where tjie condi- tions are entirely different from what they are here, and at- tempt to apply it here, because it worked well in Pennsylvania. It is a mistake and you will find it out to your sorrow later on. Mr. COFFEEN. "In good faith" applied to the fact of con- tinuing the organization, don't reach far enough, we ought to in some manner say good faith in the going forward to activ- ity. Consider it in* the, light of Sec. 8 Mr. Riner says. I con- tend it is not effected by Sec. 8, unless they have violated it, and if they have it is best for the people; that they should not be able to hold their rights. But I would like to ask a question. Some parties have been referred to by the gentleman from Lar- amie, Mr. Hay, as having organized a corporation, made their organization and invested tjieir money, in doing that have they not commenced business? Mr. RINER. The courts have decided that they have not. Mr. COFFEEN. If you can state the courts have decided that, it will helD us out in this case. But we wanit to prevent corporations from simply holding their franchises in bad faith and doing nothing at all, but if they are doing something in good faith, investing money in coal lands in good faith, as has been referred to here, then I stand in favor of protecting their rights. Mr. MORGAN. I move as a substitute the following: "The general assembly shall not remit the forfeiture of the charter of any corporation now existing or alter or amend the same or pass any other general or special law for the benefit of such 606 CONSTITUTIONAL CONVENTION. corporation, except upon the condition that such corporation shall thereafter hold its charter subject to the; provisions of this constitution. Mr. RTNER. There is one objection to that. We have al- ready provided, and I think very properly, that special charters shall not be granted in any case, therefore the part referring to special charters should be cut out "Mr. CHAIRMAN. The question is on the substitute. As many as favor the adoption of the substitute will say aye; con- trary no. The noes have it; the motion is lost. The question is now on the amendment to strike, out "business been commenc- ed" and insert "been continued." As many as favor the amend- ment will say aye; contrary no. The chair is in doubt. As many as favor the amendment will rise and stand until count- ed 7. Contrary 9. The amendment is lost. The question now recurs on Sec. 3 as it originally stood. Mr. F/LNER. I shall be compelled to raise the question of a quorum. Mr. CHAIRMAN. As I understand it the question of a quo- rum cannot be entertained in committee of the whole. Mi 1 . RINER. As the matter was passed upon the other day it was decided that the Question of a Quorum can always be raised. Mr. MORGAN. I decided the other day that the question could not be raised, and afterwards found that I was wrong and took it back. The question can be raised in committee of the whole as well as in the convention. Mr. CHAIRMAN. The chair did not understand it that way. Mr. MORGAN. I move that we pass this section for the present, and not take a vote on it now. Mr. COFFEEN. I rise to second that suggestion in defer- ence to Mr. Riner's wishes, so we can go on with the business and not lose anv tune. Mr. HAY. I move to amend the motion of the gentleman from Laramie, Mr. Morgan, so as to make it that we pass over this file entirely and go on to the next file on the calendar. Mr. TESCHEMACHER. Second the motion. Mr. CHAIRMAN. It is moved and seconded that we pass over this file and go on to the next file. All in favor of the mo- tion will say aye; contrary no. The ayes have it; the mot ion prevails. The next file is File No. 85, by Mr. Jones. (Reading of the file.) Mr. RUSSELL. I move when this committee rise it rec- ommend this section for adoption. Mr. JONES. Second the motion. Mr. CHAIRMAN. It is moved that when we rise we recom- mend that this file be adopted. Are you ready for the question? PROCEEDINGS AND DEBATES. 607 Mr. HAY. I ain not quite clear about this and would like to hear a little discussion upon it. In order to bring it before the committee I move to strike out "in all mines." Mr. FOX. I don't think this belongsi in the constitution. It is legislative business and should be left to the legislature. Mr. RUSSELL. I don't see why this should not be incorpo- rated in the constitution. The question has been raised in Col- orado, and they have incorporated a part of this in their con- stitution. We all know that eight hours is sufficient for any man or boy to be imprisoned in a mine. This would not inter- fere with the matter of contracts. He might contract to work sixteen hours. It would not interfere with contracts at all. I think it belongs in the constitution and that is where it ought to go. The mining people, in nay part of the country particu- larly, requested that it should be put in there. , Mr. SUTHERLAND. I am in favor of this being incorpo- rated in the constitution, as I think eight hours is long enough for a man to work in w r <# mines. I think eight hours is long enough for a man to stand working in cold water, and I am for that reason in favor of having it incorporated, and not trust to the legislature to pass such a law. I know there is always a chance to get around it. I have workejd large shifts of men in (Connecticut, wiiere the same law was in force. The mein could work longer under special contract, but I know it was taken advantage of by those under age, boys for instance, and the law was complied with to the letter in regard to them, and as long as the government has made eight hours an actual day's work, I don't think it is anything but justice to those who have to work below the surface of the e/irth for a living that we should pass this, as long as it is their request. Mr. POTTER. I move to strike out all after the word work. I make this amendment for this reason : I don't see why a tax payer should pay his money 'out on shorter hours than an indi- vidual, andj if eight hours is enough work for a city or state, it is enough for me,. I believe a rule which is a good rule for one is a good rule for all, and if it is not a good rule for all, it is not a good rule at all. Mr. SUTHERLAND. So far as its being a good rule, I re- ferred to the mines. A number of years ago the brick layefs and stone cutters called for ^jight hours as a legal day's work, and now every state in the union has accepted eight hours as a legal day's work. Mr. POTTER. If it is long enough to work for the state why is it not long enough to work for me ? Why should he w r ork less for his monev for the state than for me? Mr. SUTHERLAND. I don't know why. I believe if you hire a man I will guarantee that the first thing that you will do is to state to him whether he is to work for eight hours or ten 6oS CONSTITUTIONAL CONVENTION hours, and YOU will pay him so much an hour. That is the way it is done. I have worked in coal mines, and for a man to stand drenched with cold water logger than that is not right, ten hours is too much. Mr. HARVEY. What is the object of this law; to contract for ten hours and work for eight hours under the contract? Mr. RUSSELL. In answer to that question, I will state the object of this law. A young man who cares for education, be- ing compelled to work in a coal mine, say ten or twelve hours, it allows him little time or opportunity to study or improve him- self, little time for recreation and study, but with eight hours, he \vill*have plenty of time to study and educate himself, and this is largely for the purpose to give the boys a chance. There is no question but there are hundreds of men in this territory who would rather work sixteen hours than six. and they can do it if they wish, but it is the opinion of the intelligent men that eight hours is sufficient to work in these mines, and as Ji said be- fdre, it is to give the youth who have to* work in these mines and help their fathers support the family, an oportunity to ed- ucate and improve themselves. Mr. POTTER, Why do you confine this to mines and to state and municipal works? Why should eight hours be confined to that class of work? Why should a man who works on a store building be compelled to work longer than a person who works on a statehouse? If eight hours is enough for one kind of work, why is it not enough for all kinds? Mr. SUTHERLAND. All the trades unions in the country have adopted this eight hour system; where contracts are made the contractors are all in favor of the eight hour system. A man will do almost as much work in eight hours as he will in ten. You have a fresh man where you have a tired one when he works ten hours. The stone cutters like it better, the brick layers like it better, and all over the east this system pre- vails. Mr. HOYT. I agree with my colleague that this is legisla- tion, but we have done considerable legislation, and this covers but one or two lines in the constitution. This is an age of human sentiment, and great progress has been made in the consideration of this question of labor, and the interests of tHe laboring classes. I recollect very well when children worked fourteen and sixteen hours in the factories until the intelligent people and the legislatures in the states east of the Mississippi and in the northeastern states, where these great factories are, came to the rescue and saved these young children, from their drudging toil which was wearing out their lives while they were yet, young. I have never had, I think, so much sympathy for any one as I have for these men who work in the mines, w T h'o go beneath the surface and toil in the dark for hours, in the PROCEEDINGS AND DEBATES. 609- damp, unwholesome atmosphere, until their lives wear out while they are yet young. Now inasmuch as this does not require a man to pay any more for so much work per hour than if he worked sixteen hours, this will give the men a little time for- study and recreation, and I am in favor of this proposition, and yet I think, as Mr. Potter does, if eight hours is enough for a day's work on state and municipal works why is it not enough for all work? I think it should be conceded as a general propo- sition, that eight hours work is enough for any man, and I hope to see the time when eight hours will be, when men shall not be required to work from hour to hour with little time to de- vote to the cultivation of mind, and his family and the comforts and enjoyments of home life. Mr. JONES. Jt is a matter of fact that the statutes have a similar section to this in regard to employment on state and municipal works, while we miners who labor under the sur- face are compelled to work longer. Eight hours is long enough for a man t,o work in the damp, impure air of a coal mine. I in- troduced this section at the request of the miners of Uinta, and I hope it w T ill pass. Mr. BKOWN. I want to present another view of this quest- tion for the consideration of those gentlemen who represent the laboring interests of this country. I remember last winter the railroad company was talking about cutting down the work in< the shops to eight hours a day, and there was a howl went up* against that sort of thing, and by the laborers themselves; There is another thing in reference to this same matter. I heard a gentleman on this floor say a few days ago that he would! not dare to go home among his people if a measure of this kind was- adopted, and he lives among a mining people. The idea was that if this eight hour system was adopted as a matter of law all these companies would enforce it whenever they took a no- tion, and there would be nx> way of getting around it. Now take it in a mine. A man cannot go and work as he pleases and as long as he pleases, or as short as he pleases. jLf he goes; into a mine to work and they are employing men upon the eigjhlt hour system, w r hen the eight hours are up he goes out- and someone else goes in there to take his place. There are- many men in the mines who are not willing to work under this eight hour system, and I think that a great majority of them: will be found to consider that the adoption of such a proposi- tion as this would work a great injury to them. You take it where you are working under the eight hour system, and when that system is adopted by a mining company, they arrange it with their employes so that their men are changed whenever the eight hours expire, and they make that arragement with all' their employes. I have never yet seen a mine where jthat sys- tem could be adopted and followed without cleaning out every 39 6lO CONSTITUTIONAL CONVENTION. knam who went in there at the end of eight hours, or let him work for sixteen hours if he wants to. That is the only way you can arrange it. I don't believe therefore that this is a thing that laboring men want. The gentleman from Uinta says we want it there. Another mining man from Carbon says we don't want it, and it is the veiry last thing in the world that we do want. I don't know how these gentlemen are going to set- tle it between them. It might work well in its application to children, but my own idea about it is that children should nev- er be allowed to iro into mines at all. and those that let thefr children do it don't do their duty. Mr. HOYT. I agree with Judge Brown that the mines are no place for children, but this does not reach the difficulty. Now if all the miners in the state really desired this to be placed in the constitution they should have petitioned this body to do it and we should have had some sort of an expression from the miners of the territory in regard to it. If we put it in the con- stitution necessarily that rule applies all over the territory, and the only question in my own mind is as to whether they want it or not. Mr. JONES. Of course we don't expect to earn as much in the eight hours as we would in ten, working by the piece, If we can make three dollars and a half in ten hours and only three in eight we a/re willing to take it, for the purpose of edu- cating our children. Mr. HOLDEN. I Dresume I am in the same boat with the majority of the members of this convention, I don't know any- thing about this matter. But as I infer from my colleague here the object of this thing is simply this: Under the present regime these men go into the mines at seven o'clock in the morning, and are compelled to remain there until six o'clock in the even- ing. Now they tell me that they work by the ton, tha-t is so much money for so much work, iso much for mining each and every ton of coal. They tell me that they are only able to work part of the time they are down there, but they are compelled to remain there, without doing anything at all. Now in order to send their sons to school, as I understand it, they do not wish to be required to remain down in the mines longer than eight hours each day, that the boys shall not be required to remain down there longer than eight hours each day. If the men are strong and healthy and desirous of making more money they might remain longer, and they would certainly be paid for it. Mr. RUSSELL. This may appear to you gentlemen a very simple thing in your minds, simply because you are not miners. My colleague and I have been miners for the last twenty-five years, and we know what we are talking about, and I wish you gentlemen to understand that I made the statement here that it was at the request of the miners of our county, I had this PROCEEDINGS AND DEBATES. 6ll article introduced here. I don't know anything about this op- position from Carbon county. I know there are many miners that this would not suit at all, but I say the intelligent class of miners wish the measure passed. This eight hour system may reduce my wages, but they will reduce my wages anyhow and I will have to work ten hours. It is a question of supply and de- mand. Now, gentlemen, d hope this will pass and be embodied in the constitution. Mr. PRESIDENT. The question is on I'.e inoti -n that this file be reported back to the convention with the recommenda- tion that it be adopted. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the motion prevails. The next thing on the gereral file is the proposition on edu- cation. Mr. RINER. I move this file be made special order for Thursday morning. Governor Baxter and one or two others are much interested in this question and would like to hear it discussed. Mr. PRESIDENT. The question is on the motion that the educational file be made special order for Thursday morning. Are you ready for the question? All in favor of the motion will Siiy aye; contrary no. The ayes have it; the motion prevails. Mr. CAMPBELL. I move the committee now rise and re- port. Mr. CILORMAN. The question is now on the motion that this committee rise and report. Are you ready for the question? All in favor of the motion will say aye ; contraiy no. The ayes have- it; the committee will fise and report. Mr. PRESIDENT. What will you do with the report of your committee, gentlemen? Mr. CAMPBELL. I move the report, be adopted. Mr. PRESIDENT. The question is on the motion that the report of the committee of the whole be adopted. Are you ready for the question? All in favor of the motion will say aye; con- trary no. The ayes have it; the motion prevails. Mr. RINER. I move we now adjourn until 9 o'clock tomor- row mornintr. Mr. PRESIDENT. The question is on the motion to ad- journ. AJ1 in favor of the motion will say aye; contrary no. The ayes have it; the motion prevails. The convention will ad- journ until tomorrow morning. 5i2 CONSTITUTIONAL CONVENTION. TWENTIETH DAY, MORNING SESSION. Tuesday, Sept. 24, 1S89. Convention assembled at 9 o'clock. President ISrown in the chair. Mr. PRESIDENT. Convention come to order. Prayer. Roll call. Heading of the journal. Mr. PRESIDENT. Are there any corrections to be made to the journal? The chair hears none. The record will stand ap- proved as read. Introduction of petitions, etc., are now in order. Reports of standing committees. Any reports this morn- ing? Reports of special committees. Final reading of propositions. Mr. TESCHEMACHER. If the convention will wait five minutes~the engrossing clerk will have two bills ready for final passage. Mr. PRESIDENT. Gentlemen, there appears to be no busi- ness upon the table this morning to engage our attention, and we are ready to go into committee of the whole for considera- tion of the general file. Mr. RINER. I move we go into committee of the whole for consideration of the general file. Mr. MORGAN. Second the motion. Mr. PRESIDENT. It is moved that we now go into commit- tee of the whole for consideration of the general file. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the motion to go into commit- tee of tHe whole prevails. Will Mr. Coffeen of Sheridan take the chair? We are now in committee of the whole, gentlemen, Mr. Cof- feen in the chair. Mr. CHAIRMAN. The first file in the hands of the commit- tee seems to be the article on corporations. Substitute for Files No. 11, 38, 42 and 72. M)r. RINER. J must raise a point of order. Did we not make the file on education the special order for this morning? PROCEEDINGS AND DEBATES. 613 Mr. BROWN. The motjon did not prevail. Mr. RINER. I think it did. Mr. BROWN. A motion was made to make the educational file the special order today, but it was passed over. The mo- tion did not prevail, and the record so shows. Mr. CHAIRMAN. If the chair is correct Sees. 1 and 2 of this file have been considered. (Reading of Se,c. 3.) Mr. MORGAN. Were there any amendments pending to that section? I wish to offer an amendment. Mr. CHAIRMAN. Some amendments were oifered, but not carried. Mr. MORGAN. I wish to amend Sec. 3 by inserting between the words "constitution" in the third line and "shall," the words "and who do not accept the provisions thereof," thus giving them the privilege of accepting the provisions of the new consti- tution and thereby regaining their organization. Mr. BROWTS T . " Why not strike out the words "begun busi- ness, etc." If they accept the provisions of the constitution that is sufficient. Mr. MORGAN. I accept the amendment. Mr. CHAIRMAN. The amendment is before you for discus- sion. Mr. B/INER. I would like to have the proposed amendment a little broader than stated by Mr. Morgan. I would like to see a provision attached to this or to some other section, that no corporation shall do any business in this territory without ac- cepting the provisions of this constitution, and making them all subject to legislative control. If you take out the words in re- lation to the business of the company, and insert a provision that they shall not do business unless they do business under this constitution, whether foreign or domestic corporations, it can work no hardship to anyone, and will thus bring them all subject to legislative control completely. Mr. MORGAN. I second that. I think it is t)ie best one made yet. I congratulate him. Mr. CHAIRMAN. Would it not be advisable to have one amendment at a time. The chair will staite, with your permis- sion, while considering, that if you look at Sec. 6 you will notice that there is a provision theve in regard to accepting the provi- slions of this constitution, but it may not be as broad as the amendment, suggested by Mr. Riner. It may be best to put that amendment in connection with that section. Will the gentle- man state his amendment again, so the chair may understand It. Mr. RINER. I offer as a substitute to Sec. 3 as it now stands the following: "All existing charters, franchises, special or exclusive privileges under which an actual and bona fide organ- ization shall not have taken place for the purpose for which CONSTITUTIONAL CONVENTION. heirs? I would like to ask how many have been paid for at the rate of five thousand dollars? Mr. RINER. We have settled on that basis. Mr. MORGAN, d don't see why any maximum should be fixed for damages to persons iniured or killed. You might as well fix by law the maximum at which I shall sell my house. I think a man ought to have the right to settle on the yen- best grounds he can get. It is an interference with human rights it seems to me. It can't injure any one to leave it just as it is in this provision. Mr. CHAIRMAN. The question is on the amendment to the amendment. If you accept this amendment it will read: ""No law shall be enacted limiting the amount of damages to be recovered for causing the injury or death of any Derson," Are you ready for the question? All in favor of the amendment will sa\y aye; contrary no. The ayes have it; the motion is carried. " pleading of Sec. 6.) Mr. BROWN. As an amendment to Sec. 6 I move to in- isert in the first line of the section, after the words "laws of," the words "Wyoming territory or." The first line will then read as amended : "No corporation organized under the law r s of Wyo- ming territory or of any other jurisdiction." After the Avord ""state" in the second line strike out "and doing" and insert ""shall be permitted to do." Then again in the same line after the w r ords "this state" insert the word "or." The section will then read: ''No corporation organized under the laAvs of Wyo- ming territory or of any other jurisdiction than this state, shall l)e permitted to do business in this state, or shall be enitled to acquire title, etc." That Ayould bring in domestic corpora- tions. Mr. BAXTER. Why not strike out "or to acquire title" all after that down to the word "until." Mr. BURRITT. It does not seem to me that the provision Is necessary. Mr. BROWN. I accept the amendment. Mr. CHAIRMAN. The amendment proposed to Sec. 6 makes it read as follows: "No corporation organized under the laws of Wyoming territory or any other jurisdiction than this state, shall be permitted to do business in this state;, until it shall have accepted the constitution of this state, and filed such acceptance in accordance with the laws of this state." Are you ready for the question. All in favor of the motion will rsay aye; contrary no. The ayes have it; the motion prevails. ' Mr. JEFFREY. I would suggest that the word "transact." would be better than ''do." I move to strike out the word ^do" and insert "transact." Mr. BAXTER. Second the motion. Mr. CHAIRMAN. It is moved and seconded that the word "do" be stricken out and "transact" inserted in lieu thereof. PROCEEDINGS AND DEBATES. 617 All in favor of the motion will say aye; contrary no. The ayes have it ; the motion is carried. Mr. BAXTER. I don't like the reading of the last part of the section, nsini: the words "this state" so much. I move to strike out "this state" and insert "thereof" in the last line. Mr. CHAIRMAN. It is moved and seconded that the words "this state" in the last line be stricken out. and the word ''thereof" inserted in lieu thereof. All in favor of the motion will say aye; contrary no. The ayes have it; the motion is car- ried. (Reading of Sec. 7.) Mr. HARVEY. I see no necessity for that section at all. It ought to go in the legislative file, as it refers to legislation. Mr. FOX. I move to strike out Sec. 7. Mr. CHAIRMAN. It is moved and seconded that Sec. 7 3be stricken out. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the motion prevails. (Reading of Sec. 8.) Mr. GHAJERMAN. Any amendments to Sec. 8? If not Sec. $ will be read. Mr. FOX. I don't know r as I am quite satisfied in regard to Sec. 8. A corporation might be engaged in mining and mil- ling, that is two lines of business. They ought to have the privilege of doing that. Mr. CHAIRMAN. Does the gentleman move to amend? Mr. FOX. I have no motion to make, but I just en 11 the at- tention of the convention to this matter, so they may consider the matter. Mr. BURRITT. I don't like this section. I move to strike it out. Mr. MORGAN. I think there will be no trouble about this section if you will look at it. No corporation shall engage in more than one general line of business. If it is a manufactur- ing corporation they shall manufacture one line of goods; if ,-a transportation company they shall only transport goods. . Mr. TESCHEMACHER. I think there are very serious ob- jections to this. So many of our corporations have to do differ- ent kinds of business. Take for instance a company organized for constructing a ditch, and for cattle raising, those are two different industries, yet there are many compani?s in this state that are organized for carrying on these two branches of busi- ness, and one is necessary to the other. Take for instance a corporation like the one I represent, the John Hunton compa- ny, it is organized for the purpose of breeding cattle in this country, fine stock and for other purposes, to acquire lands and to bring water on to them to raise hay. Now under this we would have to organize another corporation for the purpose of taking out a ditch, for a ditch cannot be taken out bv the 6:8 CONSTITUTIONAL CONVENTION. same company. Now it costs yon a hundred dollars to get out your incorporation papers, for your incorporation certificate,, and it makes a company go and pay out an extra hundred dol- lars for the exact same purpose, and makes it a mere straw cor- poration, for a company that takes out a ditch under these circumstances is merely a straw corporation. Mr. BAXTER I thing the gentleman is rather straining at a gnat. I think this is all right. If a company is organized for the purpose of raising stock they will need hay and if they want to build a ditch for the production of hay they can do it and raise their hay. The idea is simply this : Take a rail- road company that is interested in coal mines, they transport that coal at their own rate and thus discriminate against the general public, it is a part of their property and they claim they are doing the public no injury, but if the company has no connection with the mine then they are compelled to charge the same rate as they would every other company transporting coal, and which may not be owned by people who own the rail- road company. This is what this is intended to cover. Mr. TESCHEMAOHER. I thought Ave were all through with the railroad bill. This is the corporation bill and has nothing to do with the railroads. Mr. Baxter may think that a hundred dollars is straining at a gnat, but I don't. Mr. BROWN. I am in favor of this. I think that it is true that no corporation can engage in any business except such business as is expressly stated and set forth in its articles of incorporation. That is our corporation law as I remember it. Now this goes a little further than that, a good deal further, as my friend says, and restricts a corporation from engaging in any business other than a single line of business. Now the Question is, do we so desire to restrict them? If this article becomes a law a corporation cannot be formed to engage in several distinct kinds of business. Do we want that restric- tion, is the question ? In my judgment we do. I wish to say a word now in answer to the proposition presented by my frieno!, andjl desire to say that I think his fears are not well founded. Suppose for instance a man, or a number of men, form a corpo- ration for the purpose of engaging in stock raising. Now it is a rule of corporation law that is as well settled as any law can be, that everything incident to the main business named in the articles of incorporation can be carried on by that corpora- tion. Supposing that a corporation is formed for the purpose of engaging in the stock business, as an incident of that busi- ness there is the necessarv ownership of land. As another inci- dent there must be a way provided for feeding and caring for the stock. That, is a necessary incident of the business. Now if it is further necessary, in order to grow feed, that you must irrigate your land, there is not anything in the world that can prevent a company organized for that purpose from construct- PROCEEDINGS AND DEBATES. 619, ing its own ditch and irrigating its lands, because that is a matter incident to the original business as stated in the arti- cles of incorporation, and I don't believe that there is any court in existence that would deprive a company so formed of the right to construct a ditch. If I am wrong about that, and there is any lawyer here who differs with me, I should tie glad to hear an expression of opinion upon that subject. Mr. CAMPBELL. Take for instance the oil wells in Fre- mont county. In order to make the product of those wells of any benefit whatever, they will have to transport it to a rail- road. Would you compel the owners of those wells to form a new corporation for the purpose of constructing a pipe line to transport it to the Union Pacific or the Northern Pacific? Mr. BEOWN . I would. I answer my friend directly. I say that is one thing that we need to prevent, it is to prevent a mining company from transporting its product to market in- dependent of the rules regulating transportation. I believe w r e ought to have this restriction in order to prevent that sort of thing. I don't believe in a railroad company engaging in min- ing. Now the Union Pacific railroad company, and I use this as an illustration, is created by act of congress, for the purpose of carrying freight and passengers for hire. It can properly engage in no other business. The courts have decided that as often as the question has been brought up, it can engage in no other business lawfully. But do you say that because it cannot engage in any other business it cannot mine? We can- not say any such thing. And no court will say that, and why? Because the mining of coal, the procurement of coal, in some way, is a necessary incident of the business. A railroad cannot run without fuel of some kind, they must have it, and therefore for the purposes of the road, the Union Pacific, or any othep railroad company, may mine coal for its own uses, but right here the \vhole thing stops. The Union Pacific railroad com- pany if it handles coal, and becomes a merchandiser in that respect, it does so in violation of the terms of its charter, and ought, to be restrained. Kailroad companies are created for the benefit of the public in the transportation of freight and passengers for hire. It should be limited to that business, and not permitted to engage in any other. I don't believe in mer- chandising corporations engaging in any other business save the business of merchandising, and when you allow them to cover the whole field of business, you are interferring with the rights of others, and you are creating a kind of corporation that will never last long, because of its bulky character, arid one which of its own weight will destroy itself. So then as to this section. I believe it is a necessary tiling. We should not strike it out, and whenever a company or corporation, created for one purpose, proposes to engage in another and different kind of business, they may be allowed to do so by putting other CONSTITUTIONAL CONVENTION. articles of incorporation on file, which will restrict them prop- erly by law to the conduct of their business, and not be incor- porated for a dozen different purposes, and let every corpora- tion be restricted to one line of business. If my colleague had lived in western Pennsylvania, I believe he would have under- stood the oil pipe line business better. To allow a corporation engaged in mining oil to also maintain a pipe company for the carrying of their oil to market, would be simply saying what the Standard Oil company has said to all the oil men of Penn- sylvania, who owned wells : I propose to buy your wells, I pro- pose to fix the price, and I am the only buyer because no per- son has the facilities to transport that oil, and thev rnit up the freight rates so high that an outside owner could not afford to transport his oil. It would take a long time to discuss this matter fully, but I believe with the knowledge we have before us, we ought not to allow common carriers to engage in any other business than the legitimate one for which thew were or- ganized. Mr. BURRITT. It seems to me that this is directed toward one class of corporations, and should read "No common car- riefr shall have power to engage in more than one general busi- ness." T have been listening very attentively to hear a single argument for retaining this section in this corporation file, and have not heard one yet. But I would like to ask Judge Brown' a question. I would like to ask if the Union Pacific railway companv has no provision in its charter which authorizes it to deal in coal, and if it does deal in coal, is it no/t an abuse of its charter, and is there not a legal process of depriving them of their charter, or for correcting that abuse of its char- ter? The first section of the bill provides that all laws relat- ing to corporations may be altered, amended or repealed by the legislature at any time when necessary for the public good and general welfare, and all corporations doing business in this state may as to such business be regulated, limited or restrain- ed by law. not in conflict with the constitution and laws of the United States. Now in the first two sections of this bill we have provided that the legislature, shall regulate these corpo- rations, so why is it necessary that we should go to work and legislate in this constitution to regulate them ourselves. Let us be consistent. We say in the first section 1hat we leave it to the legislature and then we go on and do it ourselves. Mr. REED. It seems to me that Sec. 8 refers to one matter that none of the gentlemen happen to have touched upon. I refer to the truck store in connection with coal mines, and if T am not mistaken the whole section refers more to that than to anything else, and which is a thousand times worse than any of these other matters that have been referred to, and I say it is put in there for the purpose of shutting them down. PROCEEDINGS AND DEBATES. 621 Mr. POTTER. I have been trying very hard for some time to understand this matter, and as far as this section is con- cerned I want to do what is right, but I have not yet heard a single argument, save the one suggested by Mr. Reed, that does not refer to railroad companies engaging in mining, and il suggest that we change it so. that it read "no transportation company shall engage in more than one line of business." Mr. BURRITT. I wish to make a few remarks. I desire to say a word for the little corporations that have not got the millions of the Union Pacific or Standard Oil company behind them. I had in mind when this section was passed a little com- pany in my home, the Buffalo Milling company. They are in- corporated for the purpose of milling flour, and running a flour mill. It is a little mill and is helping to develop the resources of that country, making a good quality of flour, but it don't pay anything, the flouring mill part of it, and to enable them to keep the thing going they have also taken the contract for sup- plying the city of Buffalo with electric light, and supplying Buf- falo with water. The Buffalo water and light supply is all fur- nished by the Buffalo Milling company. In Sheridan there is. the Sheridan Manufacturing company. They have a flouring mill up there and they do certain other things up there, and it is absolutely necessary for them to do something of that kind to get anything out of it until the country is sufficiently developed. Now as I have stated, I have no objection to limit- ing this to a certain class of corporations. So I say, give us a chance, don't shut down our mills with a constitutional provi- sion, so that we cannot develop the northern part of the terri- tory of Wyoming. In additon to that there has been a large ditch company incorporated, they will construct large ditches, build reservoirs, and all that sort of thing, and do it at a great expense, and in order to pay them they have got to establish a colonizing scheme and that sort of thing. I might 'go on inde- finitely with this class of corporations, you can hurt common carriers as much as vou like, but don't take all our powers away under this constitution, and criDDle our domestic and small home industries. Mr. MORGAN. (L move to amend > by inserting after the word "no" the words "common carriers or mining corporations." Mr. FOX. I object to that, because I think a company en- gaged in 'the mining business should have the right of smelt- ing also. Mr. BROWN. I want to make some inquiry about this. I see Sec. 9 reads as follows: "All corporations engaged in the transportation of persons, property, mineral oils, and mineral products, news or intelligence, including railroads, telegraphs, express companions, pipe lines and telephones, are declared to be common carriers." Is ; a pipe line, under this provision of the constitution, that is established by a person for the sole ^622 CONSTITUTIONAL CONVENTION. purpose of conducting Ms property to market, made a com- mon carrier? Mr. POTTER. You cannot do it. Mr. BROWN. If you put in here the words "for hire" then you come within exactly the line of the law as to this thing. Mr. CHAIRMAN. We are discussing Sec. 8. Mr. BROWN. Allow me to suggest we are discussing it in connection with Sec. 9. Now I don't believe under this sec- tion as is now proposed that it will meet the evil that we want it to meet. Now take a pipe line for instance. If I want .to construct a pipe, line from the oil fields to Denver, or any other place, and I have the necessary money to do it with, I can construct that line and transport my own product that comes from the mines and you cannot restrict me. Mr. POTTER. How will you get your right of way? You -cannot condemn it. Mr. BROWN. Buy it. ff can get my right of way and con- struct my line and carry my product to market whenever I please, and there is nothing in this constitution to prevent it. With the words for hire fixes that. Mr. RINER. Suppose you can't get your right of way, then you cannot construct. Mr. BROWN. I have never yet seen any tiling that could not be purchased, and when I say this I am speaking of mate- rial things and not the consciences of people. Now if a man constructs a pipe line and owns a well, and ships his own pro- duct to market, you cannot mak^' him a common carrier, for lie is only transporting his own product, and does not carry it for anybody else, and is in no sense a common carrier, for he is o.nly transporting his own product in his own way, but if he cannot incorporate as a mining company and for the purpose of transportation at the same time, then they are; two separate and distinct corporations, and the man who transports the pro- duct of another corporation, must do it for hire and comes with- in the terms of a common carrier, and the mining regions are not left to the mercy of a corporation that may be incorporated for two puiposes, and then say we are only transporting our own product. Mr. H.OYT. Suppose you own an oil well and also con- struct a pipe line, the pipe line is ownjed by a corporation in one name, and the oil well by a corporation in another name, but you own stock in both, the one mining the oil and trans- porting it, am I not handling my own product ? Mr. BROWN. You cannot do it. The very instant that I undertake to carry the oil, notwithstanding that I own all the stock in the other corporation, that very instant I become a common carrier, and ejvery other producer can compel me to transport his oil. PROCEEDINGS AND DEBATES. 623 Mr. TESCHEMACHER. I simply wish to call the attention ot the committee of the whole to the fact that we are consider- ing here what I suppose to be the general incorporation bill. We have two distinct committees, one on railroad corporations and one on general corporations. Now the railroad committee brought their bill in here and it was discussed, and was passed "by the committee of the whole, and finally passed before this convention. All of a sudden the general corporation commit- tee comes in here with a bill, nearly all of which so far has re- ferred to the common carrier business. This corporation bill is practically a bill brought in here to prevent corporations from coming into this territory. The main object, seems to be that corporations are bad things, and we want them stopped, #nd the more we can do to prevent corporations coming in here the better it will be for the welfare of the territory 7 , or the fu- ture state of Wyoming, ilf that is the case, I propose to work against every section of this corporation bill. Mr. CHAIRMAN. The question is on the adoption of Sec. 9. Any objection? Sec. 10. Mr. POTTER. I desire to amend Sec. 10. After the word '"corporations" insert "or individuals." Mr. HARVEY. I move to strike the section out. Mr. CHAIRMAN. The question is on the motion to strike out. All in favor of the motion will say aye; contrary no. "The noes have it; the motion is lost. The question now recurs on the original motion to insert the words "or individuals." Are jou ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the section is so amended. Sec. 11. Mr. CAMPBELL. I move it be stricken out. Mr. CHAIRMAN. The Question is on the motion to strike out. All in favor of the motion will say aye; contrary no. The ayes have it ; the section will be stricken out. Sec. 12. Mr. JEFFREY. I move it be stricken o,ut. Mr. CHAIRMAN. The question is on the motion to strike out. All in favor of the motion will say aye; contrary no. Ttie uyes have it ; the section is stricken out. Sec. 13. . Mr. BURRITT. I move to strike it out. It is altogether unnecessary. Mr. FOX. il think that should remain there. It settles it beyond any doubt. Mr. CHAIRMAN. The question is on the motion to strike out. All in favor of the motion will say aye; contrary no. THe noes have it; the motion to strike out is lost. Sec. 14. Mr. RINER. I move to strike it out. Mr. HAY. I am decidedly in favor of Sec. 14, for it is the only evidence in the whole bill that the people are disposed to encourage corporations at all. 624 CONSTITUTIONAL CONVENTION Mr. CHAIRMAN. The question is on the motion to strike out All in favor of the motion will say aye ; contrary no. The- noes have it: the motion is lost. Sec. 15. Mr. FOX. I move Sec. 15 be stricken out. Mr. CHAIRMAN. The question is on the motion to strike out. ^All in favor of the motion will say aye; contrary no- The noes have it ; the motion is lost. Mr. BROWN. I move when this committee rise they report back this file with the recommendation that it be adopted a a part of the constitution. Mr. CHAIRMAN. Gentlemen, you have heard the motion. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the motion prevails. Mr. CAMPBELL. I move this committee rise and report. Mr. CHAIRMAN. Gentlemen, you have heard the motion. Are you ready for the question ? All in favor of the motion will say aye; contrary no. The ayes have it; the committee will now rise. Mr. PRESIDENT. What will you do with the report of your committee, srentlemen? Mr. COFFEEN. I move the report be adopted. Mr. PRESIDENT. It is moved that the report of the committee of the whole be adopted. All in favor of the mo- tion will say aye; contrary no. The ayes have it; the, motion prevails. Mr. RINER. I move we take a recess until 2 o'clock. Mr. PRESIDENT. /It is moved we take a recess until 2 o'clock. All in favor of the motion will say aye; contrary no. The ayes have it; the motion prevails. The convention will take a recess until 2 o'clock. AFTERNOON SESSION. Tuesday afternoon, Sept. 24. Mr. PRESIDENT. Convention come to order. Are there any members of the convention in the committee rooms? We are still short. I would like to proceed with the final consideration of some of these matters that have been passed, but it requires a roll call, and that would disclose the fact that we are without a quorum. Mr. BURDICK. On behalf of Mr. Jeffrey, who is a little late, I desire to say that Committee No. 5 has a report to present, and recommend that it be printed. Mr. PRESIDENT. Is there objection to the report being received and read at this time? The, secretary win read the re- port. PROCEEDINGS AND DEBATES. 625 Mr. TESCHEMACHER. In order to get this out of my pos- session, Committee No. 19 desire to report that they have made File No. 76 on apportionment and the) legislative report, con- form, and they herewith return the two files. (Reading of report of Committee No. 5, substitute for Files- 5, 6, 10, 23 and 64. Mr. BURRITT. I move this file be ordered printed. Mr. PRESIDENT. It is moved that this substitute be re- ferred to the printing committee. Are you ready for the ques- tion? All in favor of the matter reported bv the committee as a substitute being ordered printed will say aye; contrary no. The ayes have it ; the motion to print prevails. Gentlemen, there have been reported bv the engrossing committee several files ready for final reading and passage. It is out of order to bring them up at this time, but if there is unanimous consent they will be brought up and put upon their final passage. The chair hears no obiection to the con- sideration of the files and their final passage at this time. The question is upon the final passage of File 84. In order that the convention mav be informed I will read Sec, 1. (Reading of Sec. 1.) Does the convention desire to amend? Mr. COFFEEN. I move to strike out the words ''on such matters and." Mr. CHAPLIN. Second the motion. Mr. PRESIDENT. The motion is to strike out "upon such matters." All who are of the opinion that those be stricken from the bill will say aye; those opposed no. The ayes have it ; the' motion to strike out prevails. Are there any further amendments? If there are no further amendments the prop- osition will be finally read and placed upon its final passage. There being no further amendments the secretary will read the bill. (Final reading of File No. 84.) So many as are of the opinion that File 84 be adopted as a part of the constitution of Wyoming will say aye as their names are called; contrary will say no. The secretary will call tlhe ayes and noes. Mr. BTJRRITT. I desire to explain my vote. I am of the- opinion that the amendment just passed takes away from the legislature the power to regulate the jurisdiction of this court and therefore I vote no. Mr. PRESIDENT. The vote on File 84 is as follows: Ayes, 27; noes, 1; absent, 18. Gentlemen, by your vote you have adopted File 84 as a part of the constitution of Wyoming. The question is upon the final reading and passage of File No. 66. Are there any amendments? The secretary will read, (Final reading of File 66.) 40 626 CONSTITUTIONAL CONVENTION. The question is upon the final passage of the file as read. So many as are of the opinion that this file should be adopted will say aye as their names are called; contrary no. The sec- retary will call the roll. GMr. IRVINE. I would like to vote, but I don't know ex actly how to vote. Mr. PRESIDENT. The gentleman will vote aye or no. Mr. IRVINE. No. Mr. PRESIDENT. The vote upon File 06 is as follows: Ayes, 25; noes, 4; absent, 20. By your vote you have adopted File 66 as a part of the constitution of Wyoming. The ques- tion is on the final reading of File No. 50. This is the section on arbitration that was in the judiciary bill, referred back, considered in committee of the whole and reported back to the convention with the recommendation that it do pass. The secretary will call the roll. Mr. BAXTER. I desire to say in voting upon this measure that it seems to me that the provision in it by which you pro- vide that differences may be submitted by the two parties, might possibly weaken the force of the arbitration bill already adopted, and for that reason I shall vote no. Mr. PRESIDENT. Gentldmen, the vote on the adoption of the substitute for File 50 is as follows: Ayes, 24; noes, 5; ab- sent, 20. By your vote you have adopted the substitute for File 50 as a part of the constitution. This disposes of the files reported for final passage. I beg pardon, I see there are some other matters. Those that have finally passed will be referred to the committee on revision. The committee has reported back the legislative and apportionment bills. Mr. TESCHEMAHER. I move that Sec. 3 of the legisla- tive file and Sec. 4 of the apportionment bill be read. These are the only two not in harmony. (Reading of Sec. 3 of the legislative file and Sec. 4 of the apportinoment bill.) Mr. CHAIRMAN. Final reading of what is now called a part of File 76, on the matter of apportionment. The secre- tary will read. (Reading of the file.) Mr. HAY. I have an amendment to offer. "In the event of the failure of the legislature to make the apportionment pro- vided herein the last apportionment shall be legal, until such apportioment shall be made in compliance with the provisions of this constitution]." The reason I offer this is that the legislature might fail make the apportionment, and we would be without any. The legislature did once fail to make the apportionment and we had to get congress to help us out, but congress could not help us out after we became a state. PROCEEDINGS AND DEBATES. 627 Mr. PRESIDENT. What the gentleran says may be true, but I hardly think so. This rqport says that the legislature shall make an apportionment, and this would be the appor- tionment until they do so. Mr. TESCHEMACHER It also says that the legislature shall revise and adjust the apportionment for senators and representatives on a basis of such enumeration as provided by law. Mr. HAY. But suppose they don't, how are you going to get out of the difficulty? Suppose the complexion of the legis- lature was equally divided, and they should refuse to make a new aportionment. Mr. TESCHEMACHER. This very provision might be an inducement to them not to make another. Mr. CAMPBELL. How can you compel them to do it? Sup- pose they refuse* to do it; can you compel them in any way? Mr. SMITH. It stands as it is until they do change it, and would stand whether you put in that provision any way. Mr. MORGAN. If I understand this apportionment bill, until otherwise provided by law, the apportionment made by this convention continues to exist. Mr. CHAIRMAN. The question is on the amendment ot Mr. Hay. Are you ready for the questioiv? All in favor of the motion will say aye; contrary no. The noes seem to have it. Division is called for. All in favor of the amendment offered by the gentleman from Laraniie, Mr. Hay, will rise and stand until counted 11. Those opposed will rise and stand until counted 14. The amendment is lost. Are there any further amendments to be offered to the file? The chair hears none. The question is now upon the final passage of the file as read. Those who are of the opinion that the file be adopted as a part of the constitution will say aye; those opposed will sa,y ne as their names are called. The secretary Avill call the roll. (Calling the roll.) Mr. RTNER. I want to say one word in explanation of my rote. I vote no because I think this apportionment is unfair, not only to this but to every other county in the territory. Hence I vo'te no. Mr. PRESIDENT. The vote on the? part of File 7G, con- cerning apportionment is as follows: Ayes, 26; noes, 4; absent, 10. Gentlemen, by your vote you have adopted that part of the file as a part of the constistution of Wyoming. Final read- ing of File 70, legislative department. (Reading of Sees. 1 and 2.) Mr. TESCHEMACHER. I notice one unnecessary sentence in there "Except as is otherwise provided in this constitu- tion." jl move to strike it out ; in the second line of Sec. 2. Mr. PRESIDENT Gentlemen, you have heard the motion. Are you ready for the question? All in favor of the motion to 5 2 8 CONSTITUTIONAL CONVENTION. strike out will say aye; contrary no. The ayes have it; the mo- tion prevails. (Reading of Sec. 3.) Mr. COFFEEN. There is one' provision that I think was settled by two or more votes, that each county shall consti- tute a senatorial and representative district, and it seems to have been omitted. Mr. TESCHEMACHER. I think it is there unless it has slipped out. Mr. BURRITT. I beg to call attention to the fact that ac- cording to the apportionment bill two counties may consti- tute a representative district. Mr. COFEEN. The provision I refer to may be in the next section. (Reading of Sec. 4.) Mr. COFFEEN. It does not seem to be in there, so I move an amendment to Sec. 3 by inserting: "Each county shall con- stitute a senatorial and representative district." Mr. PRESIDENT. Gentlemen, you have heard the amend- ment. Are you ready for the question? All in favor of the adoption of the amendment as proposed by the gentleman from Sheridan will say aye; contrary no. The ayes have it; the motion stands adopted. (Reading of Sections 5 to 10.) Mr. CAMPBELL. I move to strike out that part not al- lowing a senator to hold any other office?. Suppose a judge should die, and one of the best men in the territory to succeed him is a member of the senate, he can't fill that place. I think that is wrong to the people and to him. I don't see why a man should be debarred simply because the people have elected him to a seat in the senate. I move to strike that, out. Mr. COFFEEN. Second the motion. Mr. HAY. I think that is all right. If a member of the statX? senate or of the house is elected or appointed to be a judge, let him resign from the legislative body and not hold both at once. Mr. CAMPBELL. The motion is to strike out that portion of the section which prevents a person who is a member of the legislature holding any civil office, in the state during the time for w r hich he w r as elected. I don't think if he resigned it would make any difference. Mr. MORGAN. The idea I presume is to prevent a man from using his legislative or senatorial position to get an ap- pointment. That is what it is for. Mr. CAMPBELL. I don't see how this provision would help that matter any, and as I see no reason why they should not hold office during that tune I move to strike out all of Sec. 8, down to the word "no" in the second line of said section. PROCEEDINGS AND DEBATES. 629 Mr. PRESIDENT. The motion is to strike out Sec. 8 down to the word no in the second line. ''No senator or representa- tive shall during the term for which he shall have been elected be appointed to any civil office in the state." Are you ready for the question? Mr. FOX. It seems to me what is right for one is right for the other. The first of this section states that no/ senator or representative shall hold office during the term for which he was elected ; and the last part that no person holding any office under the United States government or state shall be elect- ed a member of the legislature. I think the thing is as broad as it is long, and the whole section ought to stand just as it is. Mr. PRESIDENT. Gentlemen, you have heard the motion. Are you ready for the question? All in favor of the motion to strike out will say aye; contrary no. The noes have it; the motion to stri ve out is lost. Mr. RINER. We have heard so much about economy in this hall I want to offer an amendment to Sec. 8 of the printed bill, on purely economical motives. I see that the pay is fixed at five dollars per day. Now r the United States pays only four dollars per day, and I think that is as high as it should be for the first legislative assembly of the new state. I therefore move to strike out the w r ord "five" and insert "four," thus mak- ing it conform to that of the first legislature, and that the time for the first legislature shall be ninety days, instead of one hundred and twenty days, arid that the word "sixty" in the sixty-sixth line be stricken out and "forty" inserted in lieu tlujreof. Mr. PRESIDENT. Gentlemen, you have heard the motion. Are you ready for the question? To amend Sec. 8 of the printed bill by striking out the w r ord five and insert the word four. Are you ready for the question. All in favor of the motion will say aye; contrary no. *The noes seem to have it. A division is called for. All in faivor of the motioin to strike out will rise and stand until counted 13. Those opposed will rise 14. In the negative. The motion is lost. The motion now is to strike out the words one hundred and twenty and insert ninety. Are you ready for the question ? Mr. MORGAN. The committee considered this very care- fully. I was inclined to favor ninety days, but concluded that would not be long enough for the first session. They will have to form many new laws and put them in operation, and I think It would require one hundred and twenty days. Mr. CLARK. Jt. seems to me that they would be unable to employ more than ninety days, unless they should continue in the way we began, and I am therefore in favor of the amend- ment. Mr. RINER. The reason I offered this amendment was that it had been suggested to me by a number of citizens that 630 CONSTITUTIONAL CONVENTION. to get a favorable consideration of this constitution the ques- tion of economy must be very carefully looked to, and this mat- ter was called to my special attention. Here we provide for a more expensive government than! the United States has al- lowed us, namely one dollar additional compensation, increas- ing the first session from sixty to one hundred and twenty days, and making all the sessions sixty days. The first thirty out of the sixty days goes about as it has done in this conven- tion, members going home, and discussing the rules, and not getting down to work until the last thirty days. I believe we will get better legislation and save a great deal of expense in this way. I offer this amendment on purely economical mo- tives, and because of the suggestions made to me by parties in- terested in the success of this constitution, and the expense that this constitution will provide for. As far as I am person- ally concerned I care nothing about it. ' Mr. COFFEEN. Most of the constitutions that have been lately framed have recognized the fact that to make a com- plete code or anything near it under the constitution will re- quire a great many days work, and ninety days I do not think sufficient. I believe one hundred and twenty days is small enough, for the first legislature will have a great deal to do. Mr. CAMPBELL. The expense saved would be $7,350. Mr. PRESIDENT. Any further remarks? The question is on the motion to strike out one hundred and twenty and insert ninety. All of the opinion that the motion to strike out and insert prevail will say aye; contrary no. The ayes have it; the motion prevails. The question is now on the motion to strike out the word sixty and insert the word forty. All in favor of the motion will say aye; contrary no. The noes seem to have it. A division is called for. All those in favor of the motion will rise and stand until counted 18. Those opposed will rise 8. The motion to strike out and insert prevails. Any furth- er amendments? Mr. RLNER. We have saved by that the expense of the su- preme court for two years. (Reading of Sees. 9, 10 and 11.) (Reading of Sees. 12 to 19.) Mr. BFRPjTTT. I move to strike out the word "lieutenant governor" in the fifth line. Mr. PRESIDENT. Gentlemen, you have heard the motion, to strike out the word lieutenant governor. Are you ready for the question? All in favor of the motion will say aye; con- trary no. The ayes have it; the motion to strike out prevails. Mr. CAMPBELL. If not out ; of order, I would like to move a reconsideration of the vote on the motion to strike out "five' r and insert "four." 1 have been figuring and I soo you will save a great deal of money by fixing four dollars a day for senators and representatives. I figure that you would save .fl,3(>0. 1 PROCEEDINGS AND DEBATES. 6 3 I voted for five before, so believe I am in! a position to move a reconsideration of the vote. Mr. PRESIDENT. The question is on the motion to recon- sider the vote on the amendment to strike out the word five and insert the word four, by which th.Q amendment was lost- Are you ready for the question ? All in favor of the motion will say aye; contrary no. The ayes have it; the motion to recon- sider the vote prevails. What is your pleasure, gentlemen? Mr. OOFFEEN. The question now coming up is to vote again on changing the compensation from five to four dollars per day. It seems to me a move is being made here as if to justify the expense of a supreme court by cutting off all they can on the legislature. I am satisfied that we are going to have a supreme court, we have finally decided upon that, but should we take the position that we will curtail the legislature both in time and compensation, and thus save the expenses of the supreme court, and make that an excuse for spending so much on the supreme court. ,1 say you should not cripple the legislature in its ability and power to make laws. I think you have done one of the vory wost things in cutting down the first session to ninety and the other sessions to forty days. Mr. BUKKITT. I desire to put in a very modest protest against the reduction of this salary from five to four dollars. The legislative assemblies of Wyoming for year's past have been passing joint resolutions to congress asking for increased pay. The fact, is in the northern part of the territory, repre- sented by myself and my associates, the only way we can get a man to attend the legislature is for some prominent citizens of both parties to come together and agree to stand by him in his business while he is away, and it is a matter of fact that every member of the legislature for the last three or four years has been obliged to call upon the people at home for assistance either in their business or otherwise, and it is a pretty hard matter to get a man of any ability in Sheridan or Johnson counties to come to the legislature. WTiile I am on my feet I desire to put in a very strong protest against the cutting down of the first session of the legislature from one hundred and twenty days. I do that, sir, for the reason that the judges of our supreme court in holding their last session have found it necessary to say that about the first thing that should be done in the eleventh legislative assembly should be the introduction of a joint resolution, and see that it was passed, repealing the present statutes of Wyoming. With all due respect to the compilers of our present revised statutes, there is the most complete evidence in the collection of the material of the courts, that the assembly that passed upon this revision did not do its duty. It is nothing more than a book of contradic- tions, as all will see who study it, and the fact that it has been necessary to pass so many supplementary laws, is of itself a 632 CONSTITUTIONAL CONVENTION. strong argument to prove the truth of what I say. As this now stands I shall be compelled to vote against the whole leg- slative bill. I think it is an outrage upon the people, and no saving. Mr. MORGAN. The committee considered this question of compensation very carefully. The United States used to pay five dollars per day, but in a fit of foolish economy it made it four dollars. I have looked into this question and ,1 don't think iour dollars will more than cover their actual expenses; they ought to be comfortable here. Are you going to establish of- iices in this territory, and purely representative offices, and deprive the people of having them filled by men of ability, by keeping from them compensation enough to pay their expens- es, we ought not to do this, in particular since we have re- duced the first session to ninety days, those men will have to work as never men worked before in order to do some of the duties required of them. It ought to be more, but tak- ing into consideration the circumstances of the territory, the committee decided upon five dollars, which will just about pay their actual expense^. Mr. CHAIRMAN. Any further remarks? Mr. CLARK. I shall vote against the amendment precise- ly for the reasons given by Mr. Morgan, but I believe whether the compensation is five dollars, or four dollars, or three dol- lars, I believe we will have good legislators. I believe a man will come here just as readily, w r ho has the good of the terri- tory at heart, and has any self respect, I believe he would come just as readily for three dollars as he would for five, but I be- lieve it is a question of false economy to say that we shall not pay these men who represent us and who make our laws at. least something in the way of compensation. We don't want to ask them to come.' here for less than; it will cost them, and I undertake here to say that no body of men can meet here in Cheyenne at an average cost of less than three dollars per day. I think that has been the experience of past legislatures, and I think it will be the experience of future legislatures. You liave to pay two and three dollars per day for hotel bills, and if you want anything to eat, you have to pay as much more for restaurant bills and all the little incidental bills that come up. It sffms to me that we ought, not fix this lower than five. I would eVeu favor six. Mr. BITRRITT. I desire to extend my sympathies to Mr. Clark, as he seems to have had an experience similar to my own since I came to Cheycfnne. I should like to have the Union 'Pacific take away their legislative passes so men cannot slip away and go off on pleasure trips, and go home between meals, when there are some of us who cannot go home, who came from northwestern Wyoming, and have to take 215 miles of .staging, I should like to have some of the gentlemen have to PROCEEDINGS AND DEBATES. 633 do that, and see how they would like it. I think the. gentleman from Ufnta would vote for seven dollars and a half in that case. Mr. CLAKK. Yon get fifteen cents a mile and the gentle- men who travel on passes don't want any mileage. Mr. BUKRITT. After we have paid our fare that just leaves enough to pay for traveling over a stage line. Mr. TESCHEMACHER I did not intend to say anything on this subject, but I can just tell you how this thing works. I was appointed by Mr. Morgan as an accountant, that is to say to audit, the ejxpenses of the auditor's books, etc. I was one member, Mr. Quinn was another, and a gentle- man from Carbon was another member. Now I think you will acknowledge that I probably did as muck work as I could. 1 worked all the time. The law provides that those outside mern- jbers get mileage, but I unfortunately coming from Cheyenne could get none We worked six days. I g't twenty- four dol- lars, Mr. Quinn who came down on a, pass got a hundred and forty-six dollars, and the gentleman from Carbon who traveled 011 a pass got eighty-six dollars. That is the way it works against a man from Uinta and the northern counties. JLTie same thing applies to the legislative sessions. The gentleman from Uinta gets fifteen cents mileage and only pays five cents, and had passes on our railroads, so you see that the thing is against the member* who live in Cheyenne, Their expenses go on just t}ie same. T have got to eat even if I do live in Chey- enne. Mr. MOKGAN. ;I want to endorse what the gentleman from Uinta has said, and go a little further. These men are often influenced by patriotic motives to come here and serve their country in the legislature, some of these men are doubt- less able to pay their own expenses, but there are others who are not, and who might be obliged to stay at home because' they could not aiford to come unless their expenses were paid, because they are poor men, and I think we should allow them enough to pay their actual necessary expenses. Mr. CAMPBELL. JL would like to ask Mr. Morgan whether a man getting mileage and four dollars a day, I would like to ask, whether that would not pay the expenses of an ordinary man? Mr. MOKGAN. I don't think it will. Mr. CAMPBELL. He would be here for forty days at four dollars per day, for forty days one hundred and sixty dollars, and fifteen cents a mile mileage, and from the most northern counties it would not cost him more than one hundred dollars, and that would leave two hundred and sixty dollars, and if any man could not live for forty days on two hundred and sixty dollars, he has no business to come to the legislature. I merely wish to say that this amendment will save the terri- tory on its lirst legislature 14419. 634 CONSTITUTIONAL CONVENTION. Mr. PRESIDENT. The question is on the motion to strike out and insert. All in favor of the motion -will say aye; con- trary no. The noes seejin to have it. A division is called for. All in favor will rise and stand until counted. Those opposed 19. The motion is lost. Mr. SMITH. I desire to call attention to the fact that this file was evidently drawn to have a lieutenant governor, and i would call attention to Sec. 12 of the printed bill, where it pro- vides they shall elect a president pro tejm. I would move to strike out the words "pro tern." Mr. PRESIDENT. Gentlemen, you have heard the motion. AJ1 in favor of the motion to strike out the words pro tern will say aye; contrary no. The ayes have it; the motion to strike out prevails. (Reading of Sees. 18 and 10.) Mr. CAMPBELL. In order to test the sense of this con- vention, I move to make that five days instead of ten. I think that was framed on the sixty days session, was it not? I move to reduce it to five. Mr. PRESIDENT. It is moved to strike out the word ten in Sec. 24 of the printed bill and insert five in lieu thereof. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the motion to strike out and insert prevails. (Reading of Sec. 23.) Mr. BURRITT. I would like to ask the chairman of the engrossing committee if the matter in reference to the incorpo- ration of cities was purposely left out? It came up in the mu- nicipal corporation file and was in my charge, and the conven- tion knocked it out there, because} it belonged in here, but it seems to have fallen out, so I move to insert in the fifth line T after the word ''affairs," "the incorporation of cities and towns."' Mr. TESCHEMAOHER. The chairman of the committee would like to say that it is in the bill, but in Sec. 29. There were two sections that had to be knocked out of this bill in or- der to make it conform with the apportionment bill, and the, sections were renumbered. I think if the clerk will reread the bill, the gentleman from Johnson will see that this is in the bill. If the secretary will read the balance of the bill I will look the matter up and see if it is not all there. (Reading of File down to Sec. 32 of the printed bill.) Mr. RINER. There is one part that I would like the legis- lative committee to explain what it means. If the explanation is satisfactory I don't care to amend. In the last clause of tjie section "providing for the payment of claims" made against the state. What class of claims is it proposed to reach? It there is no reason for it I see no reason for having the language in there, and I move to strike it out. PROCEEDINGS AND DEBATES. 635 Mr. MORGAN. I don't know what the intention of the committee was, but it was to apply, of course?, in this connec- tion. Tn connection with legislative supplies. That is the in- tention of the section, I take it. Mr. RINER. J was afraid it would bear that construction. I think the point we want to reach here can be reached with- out that part which I propose^ to strike out. "After services have been rendered or contract made," and stop right there. I move to strike out all the balance of Sec. 32 of the printed bill. Mr. PRESIDENT. Gentlemen, you have heard the motion. Are you ready for the question? All in favor of the motion to strike out will say aye; contrary no. The ayes have it; the mo- tion to strike out prevails, Mr. CLARK. I move to amend Sec. 48 of the printed bill by striking out the last five words, "and shall not vote thereon.' 7 So it shall read, "A member who has a personal or private in- terest in any measure or bill proposed or pending before the legislature shall disclose the fact to, the house of which he is a member." I believe it is unjust to disfranchise a member of the legislature if for business reasons or otherwise he may have a personal interest in the bill, and that is the reason for my motion. Mr. BURRITT. I don't believe in giving a member the chance to dodge the vote on the calls of the ayes and nays by saying he w r as personally interested in the bill. Mr. PRESIDENT. The clerk will read the words included in the motion. Mr. CAMPBELL. I move to amend the amendment by striking out all of the section. I think it is a useless provision. An honest man will disclose the fact and a dishonest man won't in any case, and it operates against the honest man every time. Mr. TESCHEMACHER, Second the motion. Mr. PRESIDENT. The motion to amend by the gentleman from Uinta was to strike out the last five words of the section, and it was so amended to strike out 'the whole section. The question is on the motion to strike out tjie entire section. Are you ready for the question? Those in favor of striking out the section from the bill will say aye; contrary no. The ayes seem to have it A division is called for. All in favor of the motion to strike out will rise and stand until counted 11. Those op- posed will rise 13. In the negative. The motion to strike out is lost. The question now recurs on the motion to strike out the last five words of the section. Are you ready for the question ? Mr. COFFEEN. Just a word as to that. I believe the point is well taken, but I believe this would be better : "And may be excluded from voting thereon." It seems to me that is better.. 636 CONSTITUTIONAL CONVENTION. Mr. PRESIDENT. The question is on striking out the last five words of the section. All in favor of the motion will say aye; contrary no. The ayes seem to have it. A division is call- ed for. All in favor of the motion will rise and stand until counted 13. Those opposed will rise 13. The motion is lost. Any further amendments to the file? The question is upon the adoption of the file as a part of tne constitution. Are there* any further amendments to be offered to the file? Mr. COFFEEN. As the bill now stands I should be obliged to vote no, but as you have given us an opportunity to further amend, I am going tp move an amendment to test the question again. I am sorry to do this, but some of us will have to vote against the bill as it now stands. In Sec. 8 I move to strike out "forty" and insert "fifty-six." Seven weeks. I don't think they can do their work in less than that time. Mr. PRESIDENT. Gentlemen, you have heard the motion to strike out the w r ord ''forty'' and insert in lieu thereof the word "fifty-six." Are you ready for the question ? All in favor of the, motion to strike out and insert will say aye ; contrary no. The noes have i1<; the motion to strike out is lost. Are there any further amendments to be ottered to the file? Mr. MORGAN. I don't think the objections to sixty days are serious enough to make a man vote against the whole bill. Men can do a good deal in sixty days. Mr. TESCHEMACHER. I would like to say a few words. With the sixty days session every legislature that I have been a member of in this territory has adjourned always from Friday to Tuesday, three days out of every week, for which they receive twelve dollars, and also during one legislature we were able to go on a junketing trip to Salt Lake, and had a very good time for a week. We were paid four dollars a day for going to Salt Lake and back on a special train. I think the work can be done in forty days if they w r ork. Mr. COFFEEN. As the bill is still before us for consider- ation, I will say that I believe I could vote for this bill and limit all subsequent sessions to forty days, if you did not limit the first session to ninety days, contrary to the judgment of every constitutional convention held during the year, and con- trary to the judgment of the committee who canvassed that question very carefully, and I think would be contrary to the judgment of the people when they realize the work that will have to be done in ninety days, to formulate a complete system of legislation for the government of the state. I think it is a most unfortunate situation, but I think il could vote for the bill if I could successfully carry an amendment on that point, although it is against my judgment and a great mistake to limit the other sessions to forty days, as I do not believe that will be sufficient, and I think it will take more than one hundred PROCEEDINGS AND DEBATES. 637 and twenty days for the first, session if they are to form thing like a -complete code under this constitution. Mr. PRESIDENT. The question will be on the final reading and passage of File 70, on apportionment and legislative de- partment. So many as are of the opinion that File 70 be adopt- ed as a part of the constitution will say aye as their names are called; those opposed will say no. The clerk will call the roll. . (Calling of the roll.) Mr. CAMPBELL. I would like to explain my vote. I am utterly opposed to having the senate elected for the same term as the representatives, but that question was discussed in com- mittee of the whole, and those in favor of two classes prevailed, , and I did not care to raise the question a second time, though I believe in that as a principle of legislation, but as: there are so many good things in this file, I vote aye with that explana- tion. Mr. COFFEEN. I wish to explain my vote. Owing to the amendments introduced regarding the time for legislation in the first session, and subsequent ones, I vote no. Mr. PRESIDENT. Gentlemen, the vote on File 7(3 is as fol- lows : Ayes, 28 ; noes, 5 ; absent, 16. By your vote you have adopted" File 70 as a part of the constitution of the state of Wyoming. The file will now be referred to the committee oif enrollment. This disposes of all the matter on my table for final reading. What is your pleasure, gentlemen? Mr. POTTER. I move we now go into committee of the whole for consideration of the revenue bill. Mr. PRESIDENT. Gentlemen, you have heard the motion.. Are you ready for the question ? All in favor of the motion to go into committee of the whole will say aye; contrary no. The ayes have it; the motion prevails. Will Mr. Burritt. take the chair? We are now in committee of the whole, Mr. Burritt in the chair. (Substitute for File 7, 26, 27, 41, 54 and 55. Reading ol Sec. 1. Mr. HAY. I have an amendment which I want to offer to Seos\ 1, 2, 3, 4 and 5. I want to say that this was taken al- most word for word from the Colorado constitution. We all know that the mining development of Colorado since the adop- tion of their constitution has been phenomenal, and I don't be- lieve the conditions here in Wyoming are very different from what they were in Colorado in 1875 and 1876. This substitute is special legislation against a certain interest, and I am op- posed to it on that ground. Mr. BROWN. I am very much opposed to the amendment offered, and I am opposed to it for one reason because it is the constitution of the state of Colorado. There never was a more lamentable condition of things than has existed and now ex- ists in that state as the result of this very provision. As my- 638 CONSTITUTIONAL CONVENTION. friend Hay says the output of mineral in the state of Colorado has been phenomenal. There is no question about it, but what good has t^he output of that mineral been to the state of Colo- rado? Not a five cent piece out of the many millions of dollars taken from its mines has gone into the state treasury as a tribute to the state. The mines have been mined out in a large degree, the wealth has been carried from the state and is in the hands of non-residents, the wealth of the state has been taken away and, the riches of the state depleted to this ex- tent, and not one cent tribute has been paid to the government. Colorado is just so much poorer today than when she adopted her constitution, just, so much poorer as the value of the min- erals taken from her mines. It is true that Colorado has grown and improved in other respects, lit has increased in a large degree in population, and the state has increased in popula- tion purely from the importance and growth of mining as a business in the state. But while that is true, this mineral, the real wealth of the state, has been carried away, and no tax has been paid out of the money to the state for the support of the government. I believe that is wrong, and I believe that the state of Colorado has been injured by that process, for the rea- son that if a tax had been levied upon these millions of dollars taken from the mines of Colorado, and applied to the payment of the state expenses, or the state debt, Colorado would have been free from debt today, and in a prosperous condition as a state government, notwithstanding the extravagances that have been indulged in by the legislatures of that state. It is said today that a very nominal tax on the output of its mines would have relieved Colorado from its present condition. Is it to be said that people shall come into our mines from all over this country, extract from them the precious metals or the coal, it makes no difference which, take it away, utilize the wealth that comes from it in other states, and pay nothing for the support of the state where it lies? I don't, believe in the principle, and the practice has been bad. Now as to this matter of taxing coal lands. It is supposed, whether truly or not we cannot say, still it is supposed, that the great w r ealth of the state will consist in its coal and coal lands. Now is there any reason why they should not pay a tonnage tax on this coal ? A large proportion of it is shipped out of the state, prob- ably out of all the coal mined in Wyoming this year nearly two- thirds of the whole amount will be used and shipped outside of tlW limits of the territory. A tax of this kind comes out of the consumer. Is there any reason why the people who have the benefit of our coal should not pay sometliing to support the government of the state? That is the consumers will pay it, and as consumers they ought to pay it, and we ought to have some benefit of this coal product, to support the government that we are trying and undertaking to establish. Any one can PROCEEDINGS AND DEBATES. 6 39 see the fallacy of the present methods of taxing our coal fields, and I want, to call your attention to a few facts. Taking the; percentage of taxes collected in the territory, and we find that it is as follows : On live stock there is collected three hundred and forty thousandths per cent of all the taxation, on railroads and telegraph lines two hundred and twenty-two thousandths per cent, on other property four hundred and thirty-three thous- andths per cent, and coal corporations and coal lands pay fif- teen thousandths per cent, and that is all, and yet it is said we are assessing these lands on their value. The coal business in Wyoming today is the largest industry in the territory and pays the slightest possible percentum towards the support of the .government of the territory, and yet it is proposed by the sub- stitute offered by my friend to continue this method of taxa- tion, which depletes and impoverishes the resources of the state, and gives nothing to the support of the government. Let me present a few more facts. There is paid from the coal in- terests toward the support of the territorial government about -|1,250 per annum. Now what do we pay our coal inspector and coal engineer? What are the expenses to the territory? At least from three thousand to five thousand dollars a year that the territory pays out, that is what it costs the territory in having a man stand and look over these mines, to pay the inspector of coal mines. Is that the w r ay to build up a revenue for the sup- port of the state government? There is mined in this year in the territory perhaps about two millions tons of coal. A tax of one and one-half cents on the ton of this two million tons would produce a revenue that would not only support and pay the expenses of these mining inspectors who are appointed to look after these mines and see that they are kept healthy and "in a fair condition for the men to go into them, but in addition to that it wold pay one-half of the expenses of the state gov- ernment, and w T ho will be made the poorer by it? It must come out of the pockets, as I said, of the consumer; it can come from nobody's else pocket save the consumer's, lit has been said by members of all parties and admitted by all that every tax that. Is levied upon an article of commerce is so much to be taken out of the pocket of the consumer^ no matter what the tax is. Xow this is a rule of universal application, admitted by all sides in the discussion of political measures, and of tax measures, and I think we may admit it is the fundamental principle in con- sidering this question, that whatever the tax we levy upon the tonnage it is to come out of the pocket of the consumer. If our coal is an advantage to the states lying around us, if they need it for domestic and other purposes, cannot they well afford, as consumers, to pay something to help support our state govern- ment? I have heard it said that it would be claimed in some way that such a tax as this would be an injustice to corpora- tions. I cannot see in what way it can be. I have some figures 640 CONSTITUTIONAL CONVENTION here on that proposition. The cost of mining coal at the out- side figure is placed at $1.25 per ton. The freigh't to Omaha is $4 per ton, the drayage is 50 cents per ton, the total cost of the coal laid down in Omaha is f 5.75 per ton, and the price at which it is sold is $7.00 per ton. I speak now of transporting coal from Rock Springs, because that is a fine marketable coal and a great deal is shipped from the;re. This leaves a clear- profit of $1.25 per ton, and I want to say right here that in fig- uring the price at f 4.00 per ton, it is figured on the short haul price. I want to ask you if this tax of one and one-half cents iM to be taken out of thait profit, w r hat reason is there 'that it should not be? There will be enough left after they take that out. Again, figuring on Kearney at the same cost, $1.25, the freight at $3 pe;r ton, drayage 50 cents as before, and the total expense of laying it down in Kearney is $4.75 per ton. They sell it there for $7.50 per ton, or 50 cents more than the coal is sold for in Omaha. This gives a profit of $2.75 per ton for all coal sold in Kearney. Can they afford to deduct from that: profit of $2.75 per ton this little sum of two and a half cents per ton. It seems to me they can. Taking the same scale of prices to Cheyenne. The price per ton, $1.25, at the mine y $1.50 for freight, and 50 cents for drayage, makes $3.25 per ton_ It is sold here we understand at $6.0Q per ton. This leaves a profit of $2.75 per ton to the company mining the coal. Mr. HAY. Judge, I want to call your attention to the fact that at Rock Springs coal sells at $2 a ton at the mines. You must also remember all the coal mines are not going to tie owned by the Union Pacific, and you must remember that the value of the coal at the mines was in the hands of a monop- oly, who could do as they tplease and make a large profit on their operations. But you must in any case take the value of the coal at the mines. Mr. BROWN. Let us make our valuation of coal at the mine $2 per ton, and there is a clean profit of 75 cents at the mine. Can they afford to pay out of that 75 cents two and a half cents per ton? Suppose it comes out of the producer, sup- pose what is claimed is so, and the position taken by my friencf is true, in that it sells at $2.00 per ton. Even then they can well afford to pay this tax and not disturb their profits in the slightest possible degree. But I was figuring on their profits at Cheyenne, figuring at the price which they get here, which- is said to be a little low for Rock Springs coal, and they make $2.75 per ton. At Laramie, taking the freight they charge out- siders, and we know what they charge, and the other expenses,, makes the cost at Laramie $3 per ton, and they sell it at $G per ton, making a clear profit of $2 on every ton of coal sold in that town. Take it at Green River, the cost laid down at Green River, at the same rate of freight, and perhaps the freight can reasonably be figured a trifle higher, becatise T believe the ex- PROCEEDINGS AND DEBATES. 64*' pense for shipping a short distance is greater than the expense of shipping a long distance, .but figuring it at the same rate, and the, cost is $1.83 per ton. It is sold at $4.50, and the profit is $2.77. At Butte, the cost of freighting it there figured at the same rates of freight per mile that we pay at Laramie, it is $4t per! ton, and they sell it at $0 per ton, a profit of $5. Again, at Salt Lake the expense is $3.10 per ton, and it is sold at $O..VL making a profit of $3.40 per ton. Now, gentlemen, we have tried 4 to be accurate in these figures, and get them as nearly right as we could. Tney are certainly approximately correct, Now I want to ask you as fair men, and want to do what is right, I ask you as fair men is there any justice in the proposi- tion that our new state shall be depleted of its wealth in coal, the coal taken and carried to other states and territories around us, to be used for their purposes, and we get no benefit in the way of taxation to support the state government? If w r e are to judge the future by the past, we will get nothing in the way of taxes for support of a state government , upon the assessed valuation as it has been heretofore made. Anoth- er point let me call your attention to. How can you fix the value of a coal mine? How can you fix the value of that which is hidden and about which you know comparatively nothing? It is an impossibility. Now then, what is done at this time ? " The Union Pacific, and I speak of them fearlessly, because they. are just as good as any other company that I know of, the- Union Pacific on all its coal lands, and it owns many thousands of acres, pays but the smallest possible trifle in the way of tax- ation to the support of the government, and other companies may be expected to do the same thing. It is said, and I believe it is true, that hundreds and hundreds, even thousands, of acres : of coal land in this territory have bew I wish Wyoming might only be made poorer in the same way in the next thirteen years as Col- orado has by her mines, and nothing has done more to develop these mines and encourage mining than their exemption from taxation. The product of her mines has been a greater source of revenue than all of her agricultural and live stock interests and the fact they didn't assess the output and cripple every man who undertook to develop a mine, has resulted in a great deal of wealth, which today pays its tax. Mr. BROWN. Do you know that the people of Colorado are today regretting their action regarding this very question? Mr. HAY. My information is right to the contrary. 1 anl informed by people who ought to know that it is their belief, the leading men of Denver have informed me that it is their belief that this policy of encouraging mining has done more for Colorado's development than any other policy ever pursued there. I don't care to go into the figures of the immense profits made by the Union Pacific on coal produced at their Rock Springs mines. That lias nothing whatever to do with this question, whether they make five or seventy-five dollars per ton has nothing to do with the principle of making this infant coal industry subject to a direct tax, which you don't impose upon the output of any other mines. The mines owned by the Union Pacific or by any company connected with them and worked at Rock Springs are but a drop in the bucket compared to the mines in this country, and because the Union Pacific is :able to carry on its business Avitli an immense profit on account 644 CONSTITUTIONAL CONVENTION. of the transportation they get on it, that is no reason why oth- er coal mines should be taxed on account of their profits. We have large mining interests all over the northern part of the territory, in Converse county, where the quality of the coal is not nearly so good, and the profit comparatively nothing. J. know of mines in which sixty thousand dollars have been put without any return or profit whatever, they have mined out a good deal of coal, and it would be pretty hard on them to pay taxes on it without having made a dollar profit. Another ques- tion I want to refer to and that is the manner of collecting these taxes. It is said that we don't get anything like what we ought to from these mines; that is not the fault of our present laws, but it is the fault of our assessors and of the people who own the! mines. But as I said in starting out my main objec- tion to this thing is that I don't like to see a special tax of that kind put into the constitution, there is not another constitution in the w r hole of the United States that has this provision or any- thing like that. Mr. SMITH. In Pennsylvania, today it is on their statute books. Mr. HAY. Pennsylvania can w r ell afford to put that in her statute after her mines have been developed as they have been. Mr. ORGAN. I move this committee now rise, report pro- gress and ask leave to sit again. Mr. BAXTER Second the motion. Mr. CHAIRMAN. Gentlemen, you have heard the motion. Are }ou ready for the question? All in fav->r of the motion will say aye; contrary no. The ayes have it; the committee will now rise and report. Mr. President: Your committee of the w r hole having had under considera- tion the special order, substitute for Files 7, 26, 27, 41, 55 and 54, beg leave to report progress and -asE leave to sit again. 1C H. BURRITT, Chairman. Mr. PRESIDENT. What will you do with the report of your committee, gentlemen ? Mr. SMITH. I move it be adopted. Mr. PRESIDENT. Gentlemen, you have heard the motion. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have rt; the report is adopted. Mr. TESCHEMACHER. There is a matter which I shall have to bring to the attention of the convention again. The question is w^hat is to be done after the revision committee re- vises an article. Yesterday I hande-1 ; n two articles revised, and I have not seen them since. The record this morning says they are on the table, perhaps they are, I don't know where they are. The situation is simply this, the revision committee, with the sessions we are holding now, has absolutely no time PROCEEDINGS AND DEBATES. 645 to do the revision, unless we remain in the committee rooms during- the rest of the session. Now if the convention has de- cided that each article is to be revised and and the constitu- tion adopted as a whole before it is enrolled, well and good, the members will have to remain in Cheyenne at great expense four of five days after this convention gets through its labors, to <*ee th.'.l this constitution bus l.^en propcily enrolled and affix their signatures. This is absurd on the face of it. We don't want to do that. Mr. PRESIDENT. I have been thinking this over and it does not seem to me necessary to vote on this question again. All that is necessary is after the revision committee report au article back to this convention as revised, is to have it read by the clerk, then if it is found to 'be correctly revised it can be simply handed over to the enrollment committee, and have it enrolled. That seems to n:e the simplest method, and if it meets with the approval of the members we will carry it out. Mr. BAXTER. I move we now adjourn until half past seven this evening. Mr. JEFFREY. I want to ask the indulgence of the con- vention on a matter of some importance. The chairman ap- pointed as chairman of the committee on schedule is absent, and I don't know when he will return, but the committee has prepared an article entitle,d schedule -and would ask leave to have it printed, if the convention so desires, in order that il may come before the convention and not leave it until the last moment. Mr. PRESIDENT. Is there objection to the report being printed? The chair hears none. By unanimous consent the re- port of the committee on schedule will be received and printed. Mr. BAXTER. I move we now take a recess. Mr. ORGAN. Second the motion. Mr. PRESIDENT. Gentlemen, you have heard the motion. Are you ready for the question? All in favor of taking a recess until half past seven o'clock this evening will say aye; con- trary no. The a} r es have it; the motion to take a recess pre- vails. EVENING SESSION. Tuesday, Sq t ^4th. Mr. PRESIDENT. I wish to say to the gentlemen of the convention at this time that those files that have been finally read and adopted as a part of the constitution and referred to the committee on revision, will not be voted on again until they are reported by that committee as a part of the whole insrni- ment, or constitution. This is my ruling as to this matter untiJ otherwise ordered by the convention. My reason for this is that 646 CONSTITUTIONAL CONVENTION. it takes up a large amount of time to read these through as they are reported back article by article, and at this late day we cannot afford to do it. Gentlemen, at the hour of taking recess we were consider- ing the general file. A motion to go into committee of the whole for consideration of the general tile, special order, is now" in order. Mr. JOHNSON. I move we now go into committee of the whole for consideration of the special order of the day.. Mr. MORGAN. Second the motion. Mr. PRESIDENT. Gentlemen, it is moved that we now go into committee of the whole for consideration of the special or- der. All in favor of the motion will say aye; those opposed no. The ayes have it ; we are now in committee of the Avhole. Will Mr. Burritt take the chair? Mr. CHAIRMAN. At the time of taking a recess we were considering the substitute offered by Mr. Hay for Sees. 2, 3, and 5. Are you ready for the question? Mr. CLARK. Mr.' Chairman. Mr. CHAIRMAN. The gentleman from Uinta, Mr. Clark. Mr. CLARK. I am sorry that more members of the con- vention are not present, not because any reason why this i wen ue bill should say that one branch of industry should pay more into the territorial treas- than other branches of industry, upon an equal taxation. PROCEEDINGS AND DEBATES. 649 Now th<- argument is used that because five thousand dollars has been expended in protecting the life and health of the cit- izens of this territory, that the coal interest should pay it into the territorial treasury. I fail to see any force in the argument. A mine inspector and the mining laws are a portion of the ma- chinery of this commonwealth, they are supported by the tax- ation of the entire commonwealth, the coal operator is taxed to pay it, the ranchman is taxed to pay it, it is equal taxation for the support of the government. It can't be used as an ar- gument that you single out one branch of our government and say by constitutional enactment that one branch of taxable property shall pay for it. I am opposed to this se/ction as it originally stands, because it singles out one branch of industry. I want to tell you gentlemen of the convention not already ac- quainted with the facts that the man who puts his money into coal lands along the Union Pacific today puts it in at his peril. I want to tell you gentlemen that the man who opetis up a oal mine along the Union Pacific puts his capital in jeopardy, and only by the most favorable laws can this man be protect- ed. According to a measure placed upon its final reading to- day, I ought not to be allowed to vote upon this measure. The measure that no man who is interested in any proposition can vote for or against it, and it may be I am biased in my judgment. I may be bised in my judgment, because for the last yeai I have been endeavoring, in connection with other gentlemen, to develop a private coal mining enterprise at Hock Springs. I say to you gentlemen it is only by the most favor- ajble enactments and the most fostering care of this coal min- ing industry that any private or corporate enterprise on a smal{ scale can go into the mining business in the whole territory. You say to me who have put my money into a coal mine, and to the three or four other gentlemen in with me, you say to me you shall be restricted, you shall not only meet this 1 immense' competition that you have got to meet, but you shall meet it pressed down with a tax. You can open your soda lakes, you can open your oil wells, you can do -anything you choose, and we will free you from taxation. We have heard a good deal of justice. Is this justice to say one thing to my neighbor and another to myself. Sec. 5 says "that all mines and mining claims, bearing gold, silver, and other precious metals, soda, saline, oil, and other valuable deposits, may be taxed in addition to the surface improvements thereof, on the gross product as provided by law; provided that the lands upon which such mines and mining claims are locat- ed shall be exempt from taxation for a period of ten years af- ter the adoption of this constitution, and thereafter may be taxed as provided by law." Now in regard to the coal, gentle- men. All that I ask you is that you put that upon the same footing with every other mineral product in this territory. 650 CONSTITUTIONAL CONVENTION. Why is it necessary, in the face of the development that we want, in the face of the development that we need, in the face of the development we must have, if we are going to prosper as a great state, why is it necessary to single out this infant in- dustry, class it by itself, and say it shall be bound down by taxation, while you leave other industries to be taxed as the legislature may provide, with an express stipulation that tlte land upon which they are located shall not be taxed for the; next ten years. All we ask is for the convention to say that the taxation upon the output of mineral claims shall be the same as the tax upon the output of coal mines. That is all. Is it not fair, is it not just, is it noT right, that if the tax levied on coal and silver mines is to be left to the wisdom of the future legislatures, is it not right that coal mines should have the same protection? Don't they need it? For fifteen years in this territory, a struggle has been made time and again with private capital to open up coal mines, w r hat has been the result? Up to eighteen months ago there has been practically nothing done, thousands of dollars had been sunk, and not one penny of profit returned. Under the provisions of the inter-state commerce law private owners have been able ?<> ship coal. They have been able to dispose of a portion of what they might mine, at $1.75 per ton, on the car at the mine. Now, gentlemen of the convention, as to the figures given. I have not posted myself very well on the figures in this matter, but I will do the best I can. I feel strongly in this matter, because I feel the injustice of the proposition, jl feel the injustice more perhaps because I have personally invested and become in- terested in this coal matter. What the profits of the Union Pacific may be, I know not, nor do I care. If you are satisfied to pass this law upon the fact that the Union Pacific company has made large profits, for God's sake devise some way so we can sell our produce in a cheaper and better market. Mark Hopkins & Co., the Van Dyke Coal Co. and the Kock Springs Coal Co. have a market in Kearney, Have a market in Omaha and have a market in San Francisco. The coal sold from these mines is sold on a basis of $1.75 per. ton, whatever the difference is between that f 1.75 and the price at which the coal is sold in Kearney is freight charges of the railroad company and the commission of the agent in selling the coal. Now that is just what it is; it is not any lower or any higher. It may be sold at three dollars or five dollars or eight dollars, I knoAv not, but 1 do know T that the orders of the customers, that the orders of the consumers, are sent to and filled at the mine at $1.75 per ton, with the freight charges added, to be collected at the oth- er end. That is just what it is, and that, is all that it is, and 1 want to say to you gentlemen that there is no private individ- ual or small corporation that can mine coal in this territory for $1.25 a ton. I don't believe there is one, and until the fig- PROCEEDINGS AND DEBATES. 651 ures are given to me and verified by the books, I will be unable to believe it. I know that in the most favorably located vein in the town of Rock Springs, a vefcn which lies within five hundred feet of the Union Pacific track, where a level can be run and no hoisting apparatus is used, and no vein is used to drain the mine, I know from that opening coal cannot be talc- en at f 1.25 for marketable use. I know further that in all the mines running today at Rock Springs every ton of coal taken out costs |1.48. I know that to be true from an examination of books that were kindly given me. Now I say to you gentle- men that it behooves us to look at this matter carefully. An- other thing, it has been said that this two or three cents will come off of the consumer. Well, possibly it may. But I cannot see how it will. Mark Hopkins & Co., the Van Dyke Coal Co. and the Rock Springs Coal Co., which so far as I know are the only three companies shipping coal outside of the territory, along the line of this read, have a market in Omaha. They meet there not only the competion of the Union Pacific but they meet the competition of the Colorado coal, and they meet the competition of the Iowa coal, and the competition of the Iowa coal is so strong that the Union Pacific winter after win- ter have suppled its stores nearly as far west as here from Iowa coal. In Kearney they meet the same competition. In San Francisco they meet the competition in a small degree from the Rocky Mountain Coal andiron company of Evanston, of the Washington collieries and Australian coal, which is the strongest they have to meet NOAV I ask you what regulates the price of coal in these markets? Does competition not have something to do with it, and when you add to the competition which these private operators have to meet with in the Colo- rado coal and the Washington coal, and the Anslralian coal, the tax of two or three cents, are you not going down into the pockets of our citizens? Now where will this loss fall? There are but two persons upon which this tax can fall, it must eith- er fall upon the man who digs the coal or it must fall upon the man who has the coal mined. That is where it must come, be- ca.use coal will not be raised two cents on the market to meet this tax, jbut it will either fall upon the person or corporation owning and operating a mine or it will fall upon the miner him- self. Now we know pretty well upon which it will fall. If the corporation has the cinch on the miner, so that the miner has to agree and come to the terms of the corporation, it will fall upon the miner. If the miner has the cinch on the proprie- tor, whether a, private person or a corporation, so that the mi- ner has got to get his coal out, it will fall on the proprietor. Now another matter. It is said that we cannot estimate the value of a coal mine. We can more nearly estimate the value of a coal mine than we can of anything else that grows or lies underneath the surface of the earth. We cannot esti- 652 CONSTITUTIONAL CONVENTION. mate the value of a silver mine, because we cannot tell how the veins may run, it may end, os disappear for a great length, or become pocketed. We cannot tell what is in a silver mine, but we can come* within a small fraction of what is in a coal mine. We strike a vein here, and again within half a mile there, and we can tell within a fraction how many tons of coal can be got out of that seam, so that the argument would apply rather to the silver mine, which is excepted from this provision, than the coal mines which are included in it. But I say to you gentlemen we will find no fault if you will treat all men alike. On what principle, in equit}' is it said that the operation of this law shall not be general? What is the theory upon which it is based and where is the justice of it? Why put in our very constitution itself a provision which says that cer- tain things shall not be put in a legislative enactment, name- ly, special legislation. Why is it that the output of a coal mine is to taxed tomorrow, while the output of a silver mine shall not be taxed? If the one is to be subjected to this tax, why not the other be subject to this tax? But they say it is; it is, is it? Sec. 5 provides that all mines and mining claims, bear- ing silver, gold and other precious metals, may be taxed in ad- dition to the surface improvements thereof, on the gross pro- duct according to law. Very well, gentlemen, if you will only provide for the coal tax in the same way as the silver and gold tax, we will assent and assent gladly. If you will say that the tax on coal mines, and mines bearing gold, silver and other precious metals, and soda lakes and oil wells, shall be taxed on their output according to law, we shall say all right, and we will pay it; we will do the best we can to get along under this pressure of industries, if you are going to tax us all alike. But we do say that it is an injustice, a gross injustice, to put in the organic law of this new state a provision that says that the man w T ho tries to develop the resources, hampered as he is by present competition, hampered as he is by lack of facilities, to market his product, hampered as he is by all these things, wo say that it is a rank injustice to say to that man that that indusry which we hope to make the greatest in the new state, shall be weighted down with a special tax, shall be taken by the throat, and hampered in its operations. Now what I have said in regard to the southern part of the territory, I say is true in regard to the northern part, and I believe that the ques- tion, at last, without reference to the Union Pacific, or without reference to any other corporations, comes right down to the general question, is it right? I have heard men in this conven- tion stand up and plead for representation in the If-uislature of this new state, I don't ask for fairness in regard to this question, I simply ask for justice, and if any man in this con- vention can rise to his feet when called on to vote upon this proposition and say that it is just to tax me because I own a PROCEEDINGS AND DEBATES. 653 coal mine, and at the same time say it is just to allow my neighbor to go scott free because he owns a silver mine, I ; the rest of the states come up and pay our expenses and we will show you how a state should be run. The geologist informs me that within the next three or four vears our out- PROCEEDINGS AND DEBATES. 655 put will be ten million tons per annum. Ten million tons per annum at one cent per ton is one hundred thousand doll->rs. We will have one hundred thousand dollars per annum to show the rest of the states how to run a state. We will build a htate house in Buffalo like the one in Albany, New York, I don't know how much it cost but it cost a great deal of money. Tin Ti- ls right here, without going into any further particulars or statements, sufficient to completely overthrow the arguments for this special tax on coal. Mr. POTTEE. When this question was broached and 1 knew we had to consider it, and I knew that J had to vote upon it one way or the other some time before this convention adjourned, I approached it with fear and trembling. I did not know where I was goinyg to land. It seemed a very difficult thing to me, one that. I Avanted to be perfectly fair and right about. I had not any interest and have none financially or otherwise, either for myself or anybody else, except to vote on this matter in a way that is just and right. I may be mistaken but I believe I have made up my mind. I am not in favor of the original proposition in the bill, and I am not in favor of the substitute as presented. 1 I donft want to exempt all these coal mines from taxation, and that is the reason I am not in favor of it, and I do want to give the legislature, if in the future it is deemed wise, to tax the output of mines. I want them to have the power to tax them. My first thought was that if this was a proper measurei even, it was not a measure for a constitution, and I based my idea upon that in this \vay. That it could not be repealed if found to be unwise, if we found the maximum was too low it could be raised. If we found the minimum too high it could not be decreased. We restrict the legislature, so that even if the measure Avas a wise one, we are restricting the legislature and attejmpting to look into the fu- ture ourselves and dictate to future legislatures and to those that may come after us, what will be wise years hence. For that reason it seemed to me not a proper thing to be embraced in the constitution as a fundamental law. |I don't think that upon a question about which we must all be doubtful, there should be placed in this constitution any such restriction, but I think Ave ought to leave it to he legislatures who come after this conA r ention to deal with such matters from time to time as the development of the country, as the eA T il or good which may arise from their legislation may dictate, IIOAV these matters should be dealt with. Again, I don't think, when I come/ 1 to think about it in general, that a tonnage tax is proper. 1 think we want a tax as to A r alue, and let me say right here that, in considering this matter, and in making up my mind and in giA 7 ing my vote, I A T ote upon this question without reference to what may exist today, or without reference to what may ex- ist hereafter. I am not here to prosecute the Union Pacific, 656 CONSTITUTIONAL CONVENTION and I am not here to defend it, nor to legislate for or against it, I put that entirely out of the question, whether they have paid too much taxes in the past or whether they have- not paid enough, it makes no difference to me and would not influence me in my vote one way or the other. It makes na difference to me whether a ton of coal has ever ben mined here in this territory or ever will be mined here. I am going to- vote upon this question upon this theory, and I won't consider it in the light of the Union Pacific, or any other miner of coal. Let us look at it upon principle, and not let the profits of the Union Pacific, or the profits of any other company influence us. Let us look at it as to what is right, and that only will in- fluence me. il want to do what is right and just, and will be; for the best interests of all, ai\d will lead to the best results in the future, and I am going to assume that a ton of coal has never been mined in this territory, so that niy position may be understood in this matter. Now then I believe you can value everything. I believe you can value a silver mine today. I be- lieve you can value a coal mine or a gold mine today, just as- much as you can value a hundred and sixty aqres of larjci.. What makes the value of a hundred and sixty acres of land out on these hills ? Purely what it will bring in the market. What makes it bring anything in the market? Simply on account of its grazing capacity, the amount of hay or wheat, or what- ever it may be that can be grown upon it, on account of the product of the land, and after that the demand there may be for it in the market. The product of the land makes the value, and the farmer pays for that one hundred and sixty acres what he believes it to be worth, and it is w^orth to him what it will be worth to farm that land. In a word you have to know the value of the product in order to know the value of the land. NOAV you have to do that very thing with coal mines, you will have to find out the value of the coal in ordeir to value the mine. You can find the value of the mine by find- ing out how many tons have been gotten out, the gross pro- duct of that mine. That mine may be worth so much this year or so much next year, but I believe you can find its value and you can assess it upon its value, and if you don't assess it upon its value it is not the fault of the owner, but the fault of the state, the officials who represent he state. But you can find its value and tax it acording to its value. I don't know whether heretofore the mines have been taxed according to their value or not, that makes no difference to me in forming my judgment. I know that you can assess it according to its value just as you can assess a hundred and sixty acres of land according to its value. Supposing they do take this product from the soil, and take it out of the state, as it is said they have done in Colorado, and depleted the wealth of the state? It is their property and PROCEEDINGS AtfD DEBATES. 657 they have got a right to do as they please with it. Now some- thing ha_s been said in regard to their ability to pay this tax. That makes no difference; that is not the principle upon which vou tax a coal mine, or any other property. Now it don't make any difference because a person who owns a coal mine is able to pay the tax or not. If that was the case you would not tax a great many people that you do tax. There are a great many people who pay their taxes who find it a great burden and a great hardship to do so. You don't ask whether they are able to pay or not, that is not the principle upon which you tax citizens at all. It makes no difference about their ability to pay, that is not the question. Now then inasmuch as you can get at the value of these mines, andjl think upon principle that that is the proper way to tax them, I think we ought to leave this matter to the legislature, and that is the ground upon which! ill shall vote upon this measure if I vote against it. I don't believe I am sufficiently informed, as sufficiently informed as some member consider themselves to be, to vote for the future, although personally I believe that on their conscience they thoroughly believe that they are fully and sufficiently informed, and I give them credit but I insist upon it that I am not sufficiently informed and I don't think I can be made so during the session of this convention, and so I would very much prefer to Jeave this mat- ter to the legislature, and inasmuch as the substitute comes nearer to doing that than the original bill as it noiv stands, I should prefer the substitute, or something of the kind. 1 am willing to give the legislature the power, if they deem it wise, to tax these mines, all mines alike, upon the gross product, and until the legislature does so act, then let them be taxI must differ with him, and I will give some reasons for differ- ing. In the first place, in the production of coal, and coal is in transportation daily almost, as fast as it is mined, the only w r ay is to tax it as it goes, otherwise you may lose ttte tax on three million tons a year. That in itself is sufficient to con- vince me that it must be carefully looked after, as one of the great valuable productions of the country, to the end that it will bear its just proportion of the state and county tax. That in itself is sufficient. But I want to take up another point. It has been shown and been recognized by those who have a sec- tion of coal land, with coal formation on it, or a stratum of coal on it, before that is mined that it is difficult to tax it ac- cording to its value, to the value of the coal in it undeveloped, and the practical working here of .taxing the land, these coal lands, instead of paying taxes on a Jbasis of a valuation of twenty dollars an acre, we are told \v those best informed that they pay taxes on a basis of something less than one dol- lar an acre, or about as low as that, so I say to you gentlemen these coal lands are not paying their just share of the taxes o'f this territory, as the farm lands and other lands of this ter- ritory are. These are considerations enough to persuade my mind. Then one thing further. The farmer in the production of his farm products, the stock grower in the productions of his range, his ranch, he must pay his tax on that product. The gentlemen who in this territory are shipping their steers off to market are paying taxes once, twice, three times, on their production during the three years it is maturing, and that too in the face of a great depression in the market. I do not care to argue the principle of the thing, but simply to show you the situation, and to show you where justice and fairness come PROCEEDINGS AND DEBATES. 659 i in, the farmer and the ranchman pays his taxes on his pro- duct, which is just as much a home industrial product as coal, being produced on the range and farms, and shipped after ma- turity, the only difference is that he cannot bring it to matu- rity in a day and ship it down and out and escape all taxation. He has not the advantage that the shipper of coal may have One other point. Take the profit of coal, as stated here, $1.75 per ton, take this tax of one and a half or two cents on the profits alone and it will amount to three cents per ton. .and I wish to say here that I do not believe the transportation companies are taking all the profit asi has been argued here. '!Now I have a statement to make, and you will listen to me, and if any one disbelieves it, I will produce the figures. More than one-half the coal, according to the latest United States statistics, more than one-half the coal produced in the United States pays a tax of three cents per ton; more than one-half of the entire product of the country today pays a tax of three cents per ton, and I should like to know why this article of coal should not pay one or one and a half cents in this terri- tory, when more than half of the coal in the country already pays three cents per ton. Mr. CLARK. I would like to ask you why you discrimi- nate against coal mines? Do you not think it unfair that only these coal mines should pay taxes? Mr. COFFEEN. I thank the gentleman for asking me the question, and I would say to him that there should be no dis- crimination. I apprehend the reasons why coal mines are specifically mentioned is because that industry is already de- veloped, and we can begin by applying it to them first, and the other mines are so little developed that it is difficult to get hold of any figures upon which to estimate the possibilities and capabilities of these mines.. But the gentleman is right as to the principle, and jj am glad to say that I agree with him. But I see no reason why these coal mines should be ex- empted from taxation when more than one-half of the coal already pays three cents. In Pennsylvania the coal produced is 04,000,000 tons, the total coal production of the United States is 120,000,000 tons, and this pays a greater tax than we propose to levy. Mr. HAY. I just want to say a word in regard to what the gentlemen has said who has just taken his seat. This prop- osition which I introduced does not exempt coal mines from taxation, it simply says the mines shall be exempt for a term of years, except the net profits therefrom. Xow I want to say a word in regard to the conditions in Pennsylvania. 1 want to ask if there is no difference between the conditions in Pennsylvania, the development and condition of the enor- mous coal interests in that state, and those in Wyoming? It is absurd to compare the two. And I am forced to doubt to 56o CONSTITUTIONAL CONVENTION. some extent the accuracy of his statement that 61,000,000 fs more than half the entire coal product of the United States. 1 don't believe it is one-quarter of the entire amount of coal produced in the United States, I think that is a mistake, but the main point I want to make is that it does not exempt coal mines from taxation. Mr. COFFEEN. Just in answer to that. I have here be- fore me the last statistics on this subject, the most reliable data to be obtained, and I will read you the exact figures. Pennsylvania, 64,000,000 tons produced' in 1887, then follows a list of the amount produced in all the statep, which I will not read, ending with Wyoming at the end of the list, 1.000,000 tons produced in 1887, and the grand total is 120,000,000 tons,, and now whether 64,000,000 is not just about one-half of the 120,000,000 I leave it to the gentleman to decide, as I think he can soon figure it out. Mr. PRESIDENT. Any further remarks? Mr. CAMPBELL. Mr/'Chairman. Mr. CHAIRMAN. The gentleman from Laramie, Mr. Campbell. Mr. CAMPBELL. Like the rest of these gentlemen I did not intend to say anything on this .subject when it came up I must confess I am much in the same position that Mr. Pot- ter said he was when he commenced. I must say that after listening to the arguments of those who are in favor of this substitute and those opposed to it, I am convinced that it ought not go into the constitution at all, but is a mere mat- ter of legislation, but as to saying in this constitution whether or not coal mines shall be taxed that is another matter. Inas- much as Pennsylvania has been mentioned I would like to say a few words, and also as to this tax of three cents per ton. I lived in! Pennsylvania and I never heard of that be- fore, although I don't doubt the statement that there is a tax of three cents Well now I lived in that section from the time I was eleven years old until I started for the west, and know the anthracite coal regions of Pennsylvania, and there was, I think, two large companies organized for mining coat, perhaps there was one other company, where there were a hundred individual operators. Today you can go there and 3 T ou will find there are not ten individual operators. You can go there and you will find that the only operators are the large transportation companies whose lines run near the mines, the individual operators of the country have been driven from the business, and the production of anthracite coal is in the hands of corporations, simply because no individual operator could compete with the transportation companies, and they were forced out, and the consequence is that the anthracite coal re- gion today is the poorest part of the state, laborers are poorer paid than in any other part of the state, and when you un- PROCEEDINGS AND DEBATES. 66 1 dertake to deduce any argument from Pennsylvania, I say there is no argument you can make. I am against this princi- ple of putting legislation in the constitution of our state, as Mr. Potter has well said, this is an experiment. If we leave it to the legislatures of the future they can tax it in any man- ner they may see fit. I don't believe in limiting the legislature in certain matters, in restricting their powers, and there is one thing that I would have you remember, and that is that a legislature has all power within itself, and is not restricted by the constitution. If you will keep that principle in view you will be saved a great deal of trouble. Some people seem to think a legislature can be nothing except what is provided by the constitution, whereas they are unrestricted except in such matters as are prohibited by the constitution, a princi- ple directly opposite to the powers of congress. Congress can do nothing except what is prescribed by the constitution of the United States, the legislature of a state can do everything that is not prohibited by the constitution of the state. Mr. CHAIRMAN. Any further remarks? Mr. BAXTER. Mr .Chairman. Mr. CHAIRMAN. The gentleman from Laramie, Mr. Bax- ter. Mr. BAXTER. When I first heard this question discussed and I may say that I have not heard it discussed until tonight, when I first heard the proposition suggested levying this tax it struck me in a very forcible way, and I still think it is the proper thing to do. The only question in my mind is as to the propriety of putting something of this kind in the constitution. I think it should come from the legislature, provided we can put in such a general clause as will certainly secure the de- sired result. (I would say to my friend Teschemacher here that he shoidd not be disturbed particularly about this great unexpended surplus which we will have in the treasury. ,L could not follow him in his figures, but I do not think we shall have any such surplus for a hundred years to come. We ex- pect great things from these mines, but I have known in- stances where our expectations have failed to materialize. In answer to Mr. Potter I want to say that I fully agree with Mm as to his idea as to how we should come to value a piece of property, it is dependent entirely upon its earning capacity. If a piece of land will return, over and above all cost, one hun- dred dollars annually, and it is situated in such a country where money is worth ten per cent, that land ought to be worth a thousand dollars, because it will earn a net return of ten per cent, just what money is worth, and its earning capac- ity is governed by just what it will produce annually. If a piece of land in a large city, desirably located, yields annually five thousand dollars over and above expenses, and money in flint section is worth ten per cent, it would be worth fiftv 662 CONSTITUTIONAL CONVENTION. thousand dollars. It might be worth a good deal more than fifty thousand dollars, but its value should be determined by its earning capacity. Now the same rule ought to apply to coal mines, or to any other kind of a mine. If we could say an acre of coal land would produce so many tons of coal for any definite period of time, the same as we could assume that an acre of land would produce so many bushels of corn or wheat, its value could be determined in the same way, by esti- mating its earning capacity. But the trouble: is you cannot tell how long this output is going to continue. The sugges- ion made by my friend Teschemacher as to wheat, is alto- gether a diiferent proposition, they know an acre of land with proper treatment will produce so much wheat annually, With proper care the land will be worth as much fifty years from now. NOW T with coal land this is not the case, when the coal is exhausted the land is worthless,, but in the other case you know what the ground will produce. The trouble with a coal mine is that you cannot tell what is there, and when you come to the question of fixing a value on something you cannot see you have not the same basis to figure on at all. You never can reach its value with the same degree of certainty. It seems to me if the coal when taken out of the mine was weighed, and you find there are so many tons, and you say that it is w r orth so much per ton, knowing what it will bring in the market, and you then tax it upon its value, upon 'that basis, as it conies out of the ground, that you are getting as near a proper basis for taxing it as you can reach. I think I agree with Mr. Campbell that we ought to make this a gen- eral provision, applicable to the mining of coal, or any other mineral, or oil, or soda, or anything else that comes out of the ground. I don't think il favor this substitute because of the provision that exempts it for a term of years, but I am inclin- ed to think that the best course is to leave this matter to the legislature, with such instructions as will secure equal and exact justice in the future to every interest involved. Mr. CHAIRMAN. The gentleman from Converse, Mr: Harvey. Mr. HARVEY. In listening to the discussion of this ques- tion, I have been decided both ways. I believe in this princi- ple, I believe we ought to put it into the constitution,, and 1 believe we ought to stop right there; we all agreed on the prin- ciple, but it is a different thing when you come to make the ap- plication in the constitution. As to the figures which have been given here ; I am not prepared to pass upon. I happen to come from central Wyoming, the only portion of the terri- tory where at the present time they ship coal besides along the line of the Union Pacific railroad. I say the principle is all right to tax the principle of a mine, but when you go further than that and settle upon one-half a cejpt or two cents upon PROCEEDINGS AND DEBATES. 663 each ton, I doubt the expediency of it. In central Wyoming we have two mines, one at Glenrock and one at Inez, and I know that neither of them has ever made a dollar, and it may be some time before they do make a dollar, but I know that the* most they have figured on is a profit of fifty cents on the ton, that is the most they have figured on in their most extravagant moments, when they get their mines in perfect operation, and everything working; in their favor. It strikes me that two cents out of fifty might be a very serious thing. This is a matter which belongs to the legislature. I repeat w r hat I have insisted upon several times before,, that a body of men making a constitution may not be the best body of men for legislation. I say let us incorporate the principle in here and then stop. I think the principle is all right. jl have before me a section which strikes me as being a very good one, taken from the Nevada constitution. "The legislature shall provide by law for a uniform and equal rate of assessment and taxation, and shall prescribe such regulations as shall secure a just valua- tion for taxation of all property, real, personal and possessory, except mines and mining claims, the proceeds of which alone shall be taxed." That is all they have to say on the subject, they have laid down the principle and stopped right there. At the j\roper time I shall move that as a substitute. Mr. BROWN. Some of these gentlemen have asked me some questions, and I think it my duty to answer, but as these prepositions have been presented at different times, I want to answer them in turn. Going then to the first proposition presented, it is involved in the arguments of three or four who have spoken upon this question, among others the gentleman from Uinta, Mr. Clark. He says, and repeats it with a great deal of vehemence and force, that we should aim at justice, and that w r e should aim to have each and every interest bear its fair share and proportion of taxes. Now I want to say to these gentlemen right here, it is because the coal industry does not and never has borne its fair and just proportion of the tax in the territory of Wyoming, that we are against the proposi- tion for taxation as presented by this substitute. In this same connection the gentlemen say if we tax according to the value we shall in the end reap as large a revenue from the taxation of the land as we can possibly reap by taxation of the coal out- put. Right here I wish to meet the question of the gentleman from La ramie. He sa3^s when the output is two millions of tons and if that pays a tax of one hundred and fifty thousand dollars, can w r e go into a foreign market and compete with coal that pays no tax? I say to him upon that proposition we can- not, but it happens that there is no such proposition in exist- ence, and could be no such proposition, and these gentlemen by 664 CONSTITUTIONAL CONVENTION. their arguments see it. They say that the taxation upon the acreage will meet the requirements of revenue as well as a ton- nage tax. If it does, then I say to the gentlehien that you , have to pay the same tax, but in a different way, and when you go into an adjoining state and come into competition with coal from other states, if they pay a fair and just proportion of the revenue of the government of the state where that coal is produced, if your theory is correct, they must meet the self same proposition that we have before us, and they go there paying an acreage, tax, or an advalorem tax, arrived at in some way that equals the tax we put upon the tonnage. So much for the question asked by my friend from Cheyenne. Now I will undertake to answer some other matters. My friend, Mr. Teschemacher, from Cheyenne. Mr. TESCHEMACHEK, JL am not from Cheyenne, Judge. I come from Uva. Mr. BKOWN. I beg the gentleman's pardon; I meant no insult, and I don't suppose the gentleman so takes it. Mr. TESCHEMACHEK. It might effect my mileage though. Mr. BllOWN. If the gentleman's mileage is at stake, true it might make a difference, but I want to come to this argu- ment he presents. Now let us see what there is in it. He says why not tax wheat? Why not tax corn? Why not tax cotton? Why not tax the any one great product of the land': Let us see why. I want to ask the gentleman if his theory is correct, and if the theory of my friend Potter is the true one, if you are going to tax according to the product why not. tax wheat? That is part of the product. He says we will tax the land because of the value of the product produced. Now if you tax the land upon the basis of the product produc- ed what difference does it make whether you fix a certain price per bushel or tax the acreage? If the gentleman can see the difference I should like to know it. The fact is tha tacle of seeing men wearing the brass collars of these compa- nies coming into the legislature, and doing their bidding. In order that we may be saved that let us say now that we will regulate so far as these monopolies are concerned this mat- ter of legislation upon coal taxation, and put it forever beyond their reach. Let us put it where they shall never be called upon to change it or effect it by legislation. Whatever the sum you may choose, I don't care whether it is half a cent or five cents, whatever you may think best, in the way of fixing tfhe tax on this coal, let us fix it in this constitution now and PROCEEDINGS AND DEBATES. 669 forever. I want when this constitution comes to be voted upon that every man and woman within the limits of the new state shall know just what its provisions are, and it is fair that they should know. These corporations should know it as well as every one else, and if they think it is wrong or burdensome,, they are, notified beforehand, and they can rally their hosts against it. If they do believe it to be unfair and unjust, let them endeavor to vote down the adoption of this constitution, and settle it then forever, and not leave it to future legislation, to settle it. With this we will know and understand just what we are doing, and just what tax we will realize. On the ten> millions of tons of coal mined there will be paid to the state a tax of about a hundred thousand dollars, and a hundred thousand dollars is a very respectable sum to realize, and that ifii just wliy I am in favor of this tax. I want the hundred thousand dollars. I want to see this new state provided with a revenuei that will support it, and I want to see the revenue- come from a source that is able to meet it, and when you say that this tax will produce a hundred thousand dollars" it will come somew r here near the expenses of a state government, and it will come from a source that can afford to pay it, and it will save every corporation, every railroad company, every individual, some other and additional tax upon their property for the support of the state. Another reason why you should tax the output and not the acreage. Suppose you mine from your acre of coal land a few thousand tons this year, a few thousands tons next year, and so on until the eight thousand or five thousand or whatever it may be tons are exhausted, I want to ask my friend Clark whether the land that is left is worth anything after you get the coal out? Mr. CLARK Not a dollar. Mr. BROWN. So then how are you going to arrive at a fair method of taxing this land after the coal is exhausted?" Each year that you mine that coal you are exhausting the wealth of your country, and when the coal is all mined out and you have nothing left but a howling wilderness, with noth- ing in it, what are you going to do in the way of taxation? Are you going to tax this coal at a. fair valuation, or are you going to say that our neighbors shall have the benefit of it for nothing, and that we may starve w r hen the output is ex- hausted ? Mr. CLARK, jl would not rise if it were not for the fact that I have been so astonishingly misconstrued by the gentle- man who has just preceded me, but I cannot sit here quietly feeling that possibly there may be some member of the con- vention, no matter how he may feel on this subject, that may believe that I did make those statements, and did make the ar- guments just credited to me. I believe that I did not in my former speech oppose a tax upon the output of coal, but I did '670 CONSTITUTIONAL CONVENTION. say that I was oposed to a tax upon the output of coal mines and no tax upon the output of other mines, and I have listened patiently and in vain through the two long speeches the gen- tleman has made, for any reason he could give why they should be. We are told that if this is left to future legislation, that the men who levy this tax will wear the brass collars of some great mining corporation. If that legislature wears the brass collar of some silver mining gang, why is it that silver mines are not included in this bill? Why is one industry singled out? And I say, Mr. Chairman, that j[ am tired of this demagogue talk about brass collars. No man in Wyoming is elected with brass collars. I look around me and I see gentle- men who have sat in the house of our last legislature; Mr. Teschemacher, elected by the people, and I ask whose) brass collar he wore? I see my friend Mr. Adams in the lobby, elected by the people, and I ask whose brass collar he wore? Mr. Organ, Mr. Riner, and a number of others, elected by the people, and I ask w r hose brass collars they wore? I have got confidence in the people of Wyoming, and I have got confidence that they have elected and will elect as good a body of legis- lators as ever sat in this or any other territory or state, and I have got confidence that they will elect just as honorable gentlemen for the future legislators of this territory as sit in the house of this constitutional convention. Why limit these brass collars to the coal mining companies? I say to you, gen- tlemen, that if the future legislators of Wyoming are to wear brass collars at all, they will wear the brass collars of gold mines and of silver mining gangs, just as well as they will for coal mining corporations. My whole argument and my whole plea for justice in this question has been to tax- all mines alike. If you tax the output of coal mines, tax the output of silver and gold mines; if you are going to leave any of it to future legis- latures, leave it all to future legislatures. Now something lias been said in regard to taxation on the acreage. I do not know the amount of taxes Mark Hopkins & Co. pay, but I do knbw that Mark Hopkins & Co. have not got a half million dollars invested in improvements. The only piece of land they have is 480 acres, on which they pay taxes on an assessed valuation of f 9,600. I don't know about the freight rates given, by my friend, but I do know that Laramie has got the edge over Evanston because the charges for hauling coal from Rock Springs to Evanston, 125 miles, is $3.50 per ton. I don't know what the Balch improvements may .be, I don't know what taxes they pay, but I do know that thtfy are mining coal in a mine which has been opened for years, that they have not been re- quired to do any development work, all they have to do is to take out the coal, and thc*y possibly may be able to produce it at $1.25 per ton. I don't know and jl don't care anything about that. The gentleman has not answed my question as to why PROCEEDINGS AND DEBATES. 671 silver mines should be treated differently from coal mines, why tax the output of one, and leave the other to future legis- lation to deal with? I am not opposed to taxing coal mines, but I am opposed to anjything that savors of injustice toward any one class of mines; that is what I am opposed to in this substitute section, and that is the reason why I am in favor of Mr. Hay's substitute, or the one suggested by Mr. Harvey. I think they are much the same, they both provide that the output of all mines shall be taxed alike. In speaking of special legislation, I did not use the term in the narrow and restricted sense which my friend has given it, but in the sense of incon- sistent legislation against one class in favor of another. Mr. HOYT. I think we will all generally agree that the subject has been pretty well argued, if it has not been exhaust- ed, and even if it had not been, it would be a very great wrong -at this hour to inflict a speech of any considerable length upon this convention. But since the moment is at hand when we shall have to vote upon this question, it may be as well to explain my vote now as at the moment of giving it. I wish now to state my position upon this question very briefly. This mode of levying a tax upon coal, as a means of raising a great rev- enue for the support of the state is a gr^at temptation. Very fine pictures have been drawn of what would be the condition of thinigs in W3'oming were at tax to be raised upon this one single article and the rest go scott free. Why my friend who lives upon his ranch, who herds his cattle and sends them to market, would rejoice to find that he would be relieved from the burden of taxation; and my friend the farmer, who is dig- ging his ditcher, irrigating his land and raising his crops, would rejoice to find that he too was relieved from the burden ; but even though he should rejoice to have his burdens thus de- efrtelased, Jl do not think hy would be willing to have it all thrown upon the shoulders of one man, or class of men, I know he would rather bear his share of it. Now I have thought ot another side of this question. I thought and raised the ques- tion in my own mind, how will it effejct the miner? My dis- tinguished friend, Judge Brown, and others, in setting forth their side of the question, have made it appear that the con- sumer is to pay the entire tax ; now, in my own mind, the miner will have to pay a good deal of that tax ; the man who is delv- ing in the mine, and who is spending his whole existence in the mine for the small earning he gets for his labor how will it effect him? When the man who owns the coal mine finds that the tax is to be levied, he will burden the tax upon those mining the coal, and will give less wages for the labor whirh they perform. Now what of the consumers in our territory? We are told that this tax is all to come from the consumer. True, large portions of this coal goes outside, and we have lit- 672 CONSTITUTIONAL CONVENTION tie sympathy for outsiders, we are not bound to think of them, but are we not bound to think of our own people who consume this coal, one of the yery necessities of life? We are- going to make these people, the consumers, pay a tax on coal,, a tax that r will be almost enough to meet the expenses of a state government, and a large portion of that tax, a yery con- siderable portion of it, will come out of the pockents of our own citizens, who v are consumers. That is another point, but I think still of another. How will it effect the industry ? I have been talking a great deal the last few months before this convention with men about the needs of the territory, and it is unanimously agreed that w r hat we need most is capital. We- have extraordinary resources, thirty thousand square miles of coal, endless soda lakes, inexhaustible supplies of oil, moun- tains of iron that have not yet begun to be developed. W T hat we want is capital, and shall we not keep out capital if we discourage capitalists? Shall we build a Chinese wall around Wyoming and prevent the investor from coming in to develop its resources? Is this the policy of statesmanship? Is it not rather to throw open the gates wide and welcome capital with outstretched arms from every country, for the development of our resources? This is a question I have asked myself in all seriousness, and I have considered it ever since I came into this hall, and I have listened to all the arguments and I have waited for the gentleman to conclude his argument, to see if I could be convinced that the duty of Wyoming was to levy a tax upon a special article, upon a special industry, and I said to myself, how can we do this thing? This is opposed to the great economic law, and we have laid down in our declara- tion of rights a provision which says that taxation shall be equal and uniform, and I believe that no people can ignore the- great economic law that has commanded the respect of all statesmen of every land. What we need is capital, incorporat- ed capital, we want it to build railroads, our farms should be traversed by railroads, our iron mountains should be developed for their mineral resources, our soda lakes should have devel- opment, our iron mountains would have development,, and we should see prosperous cities springing up everywhere. Why has Colorado becomej the great state she is? Because she has welcomed capital, she has not closed her gates, she has opened them wide, and Colorado today is a workshop,. Colorado is alive with industry, she has some of the finest in- stitutions in the country, and has made wonderful develop- ment and progress. Such a policy is a wise policy that en- courages capital. As I understand it is not intended by this substitute to exempt these minqs from taxation for all time to come, but only for a term of years, in order to foster an en- terprise that requires capital, and we should not forget that. PROCEEDINGS AND DEBATES. 673 great risks are involved in the investment, of capital in a new industry in a new country, and it is intended by this to offer an inducement to capital to come, in) order that our resources may be more thoroughly and more promptly developed. It would be delightful to have fifty thousand dollars a year from this source for the support of the state, but let us rather fos- ter with zealous care all the industries of the state, and let every industry pay its share, and bear its share of the burdens of taxation gladly, as I believe they will. We are not so poor, so ground down, so utterly without resources that we cannot bear the burdens of a state, let us remember that, and welcome capital, in the hope that the burden will soon be dis- tributed among millions of people, a.nd with these millions of capital it will be easier to make our progress and development. Then the grand justice of this proposition, and justice is be- yond all question, all sense of gain. We have laid down a constitution as broad as the world, as wide as humanity, and shall we disfigure it by putting into it a tax, a special tax for for the main support of the government, let us rather adopt a broader, more statesmanlike policy as it seems to me. and bide our time patiently, leaving this matter to be settled in the future. Mr. BURRITT. I just desire to ask a question of the last speaker. If the general prosperity of Colorado is due to her having thrown open her doors, and because of her having this provision in her constitution, how is it that Nevada, with even a broader provision in her constitution than this, has no pros- perity? Mr. HOYT. I don't know about that, but if Colorado had adopted a more conservative policy than she did, she would not have met with the success that she has, and made such rapid progress. Mr. BUKKITT. While you have been talking of equality and justice, I desire respectfully to call your attention to the fact that this evening the speeches have been very long and very rapid, and however pleasant they may have been to the listener, they have; been very fatiguing to the young lady who is taking notes, and on behalf of the young lady who is mak- ing a shorthand report of this, I suggest that if the committee; is not'ready to take a vote on this question, that it now rise- and ask leave to sit again. Mr. TESCHEMACHER. Let us take a vote upon it now, we all know how we are going to vote upon it. Mr. CHAIRMAN. The question is upon the substitute of- fered by Mr. Hay. Are you ready for the question? All in favor of the substitue offered by the gentleman from La ramie will say aye; contrary no. The noes have, it; the substitute is lost. 43 674 CONSTITUTIONAL CONVENTION. Mr. BAXTER. I move this committee now rise and report. Mr. CHAIRMAN. It is moved and seconded that this corn^ mittee do now rise and report. All in favor of the motion will say aye; contrary no. The ayes have it; the committee will now lAse. Mr. President: Your committee of the whole, having had under considera- tion the substitute for Files 7, 26, 27, 41, 54 and 55, report pro- gress and ask leave to sit again. C. H. BURRITT, Chairman. Mr. PRESIDENT. Gentlemen, you have heard the report of your committee. What is your pleasure? Mr. CAMPBELL. I move the report be adopted. Mr. PRESIDENT. Gentlemen, you have heard the motion. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the motion pre- vails ; the report is adopted. Mr. BAXTER. I move we do now adjourn until o'clock tomorrow morning. Mr. PRESIDENT. Gentlemen, you have heard the. motion. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the motion pre- vails. TWENTY-FIRST DAY. MORNING SESSION. Wednesday morning, Sept. 25, 1SS9. Mr. PRESIDENT. Convention come to order. Roll call. Mr. TESCHEMACHER, Mr. Organ requested me to ask that he be excused. He was called out of town this morning, but will be back this afternoon. Mr. PRESIDENT. If there is no objection Mr. Organ will be excused. (Reading of the journal.) Any corrections to the journal? The chair hears none; it will stand approved. Was there any action taken on the proposition to amend the rules for the purpose of creating another committee on ad- dress to the people and congress? Notice was given, but 1 think no action was taken. PROCEEDINGS AND DEBATES. 675 Mr. CAMPBELL. I gave notice to that effect the other day, but some of the melnbers seemed to think it should be made a special committee, and the rules need not be amended. I forgot to bring the matter up again, and I therefore ask that .a special committee be appointed if it can be done. Mr. PRESIDENT. If there is no objection the chair will appoint such committee. Are there any propositions or resolu- tions to be presented this morning? Reports of committees? Mr. TESCHEMACHER. Committee No. 19 would like to report back File No. 00 and substitute for File 31 as properly engrossed. Mr. PRESIDENT. Any further reports? Final reading and passage of files and propositions. File 82, police powers, substitute for which was recommended adopted by the com- mittee of the whole. The secretary will read the substitute. (Reading of File 82.) Mr. PRESIDENT. Final reading of File 82. Are there :any amendments? The question is upon the final passage of FiL 82. All who are of the opinion that the file should be adopted as a part of the constitution will say aye as their names are called; those of the opposing opinion will say no. The secretary wall call the roll. (Roll call.) Mr. PRESIDENT. Gentlemen of the convention, your vote -on File 82 stands as follows: Ayes, 29; absent, 20. By your vote you have adopted File 82 as a part of the constitution. There is upon the table this morning File No. 60, reported back by the committee on engrossment, and it is now ready for final reading and passage. The file refers to federal relations. Do you desire the file to be read by sections for amendment be- fore final reading? Mr. POTTER. Is that the one that is in the nature of ordi- nances? Thejre are two printed files here and I don't know which one it is. Mr. PRESIDENT. This was introduced by Mr. Fox. The first section reads: ''The state of Wyoming is an inseparable part of the federal union,'' etc. If there is no desire to amend the secretary will read at length. Mr. POTTER. I think there is something omitted in that as it stands, and I think it is necessary that it should go in. The senate bill provides that the convention shall declare by ordinances irrevocable without the consent of the United States and the people of said state, certain things. And I think the following words : "The following article shall be irre- vocable without the consent of the United States and the peo- ple of this state," ought to go in there. They were in the print- ed bill, but are not in there now. Mr. PRESIDENT. Gentlemen of the convention, it is ap- parent that there is an error in the engrossed file; these words 676 CONSTITUTIONAL CONVENTION. are omitted from the first section of the original bill as it ap- pears now engrossed. "The following article shall be irrevo- cably without the consent of the United States and the peo- ple of this state. If there is no objection these words will be placed at the head of the engrossed bill. Is there objection?' The chair hears none; the secretary will place the words indi- cated at the head of the first section. The secretary will read 1 the file at length. (Final reading of File 60.) Gentlemen, the question is now upon the final passage of the file as read as a part of the constitution. As many as are of the opinion that File No. 60 as read be adopted as a part of the constitution of the state of Wyoming will say aye as their names are called; those who are of the opposite opinion will say no. The secretary will call the roll. (Roll call.) Gentlemen, your vote on File No. 60 is as follows: Ayes, 29; nays, none; absent, 20. Gentlemen, by your vote you have adopted File No. 60 as a part of the constitution of the state of Wyoming. The file will now be referred to the revision committee. The next file is File No. 31% Mr. CHAIRMAN. The question will now be upon the final reading and passage of the substitute for File 31, on railroads,, the same being reported back as correctly engrossed. It may be read by sections if it is desired to amend, otherwise it will be read at length. (Reading of Sees. 1 and 2.) Mr. CLARK. I jdesire to offer an amendment. I move to amend by inserting after the word "families' 7 the words "min- isters of the gospel." Mr. CHAIRMAN. Gentlemen, you have heard the motion.. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the motion pre- vails. Mr. HARVEY. I move an amendment to submit to the con- vention. Strike out all of Sec. 2 after the; word "carriers,'' the part excepting employes and their families and minis- ters of the gospel. Mr. HAY. Second the motion. Mr. HARVEY. I don't think that ought to go into the con- stitution, not because I am not in sympathy with the employes of railroad people, for I believe they are a very deserving peo- ple, but I don't think we ought to embody provisions of this sort in our constitution, singling out one class of people to the exclusion of all others, is a sort of special legislation that we are all opposed to. Mr. BAXTER. I hope this will not carry. I have no mor& desire to load this constitution w T ith useless provisions and ex- PROCEEDINGS AND DEBATES. 677 ceptions than any other member of this convention, but we have talked up and down arid on all sides of this three or four times, on first one thing and then another, and wasting a good deal of time over it. It sel?ms to me that this is just about right, excepting that it is a little clumsy. [ don't think the reading is as finished as it ought to be, but I think it proper to make these exceptions. Let it read without any exceptions, strike out "excepting employes and their families and minis- ters," and add a separate sentence "employes and their farni lies and ministers of the gospel are excepted from the operation of this clause." If the clerk will read the section you will see it is a 'little clums}^. Mr. POTTER. That is a matter the revision committee can attend to. Mr. BAXTER. I understand that The revision committee have the power to change the language as long as the idea is retained, but they have not the power to interpret the mean- ing of this section. They are not peinitted to change the meaning, but change the language, and make it clear and con- cise to express the ide^i contained, but when you come to change the language you may change the meaning, and this I think is very clumsy. Mr. HOYT. I wish it to be distinctly understood I am not opposed to the object to be accomplished by this section, as I think there should be some way to protect employes of a railroad in this matter, as they of necessity move back and forth a great deal, and I want to ask the gentleman from Uinta if he cannot form a substitute that will cover the ground in a more suitable manner? Mr. CLARK. I will answer and say that f cannot improve on the language of the inter-state commerce bill, and this is the way the inter-state commerce bill reads word for word. Mr. COFFEEN. I hope this amendment will not carry. 1 think this is just about ri^ht as it stands, and I fe^l just as Governor Baxter does on this question. Mr. PRESIDENT. The question is on the motion to strike out all after the word "carriers" in the sixth line. All in fa- vor of the amendment w ? ill say aye; contrary no. The noes have it; the amendment is lost. I wish to remind the convention at this point that before taking up this file to be finally read I stated that it might be read by sections in order that it might be amended if desired. Now 7 in this final reading we are wasting a good deal of time over little immaterial things, and I shall pretty soon enforce the rule and have these files read at length and not amended if this does not cease. The clerk will read the file. (Final reading of the file.) Are there any further amendments? The chair hears none. The question is on the adoption of the file as read as a part 678 CONSTITUTIONAL CONVENTION. of the constitution. All those who are of the opinion that the file as read be adopted as a part of the constitution will say as their names are called; those of the opposing opinion will say no. The clerk will call the roll. (Roll call.) Gentlemen, the vote on File 31 is as follows: Ayes, 29; noes,. none; absent, 20. Gentlemen, by your vote you have adopted the substitute for File 31, on railroads, as a part of the consti- tution of the state. Mr. TESCHEMACHER, If the convention desire the en- grossing committee are ready to make another report. Mr. PRESIDENT. Is there objection to the committee re- porting at this time? The chair hears none; the committee may report. Mr. TESCHEMACHER. Mr. President, your committed No. 19 beg leave to return File No. 85 and substitute for Files 11, 38, 42 and 72, on corporations, as properly engrossed. Mr. PRESIDENT. Gentlemen, File No. 85 is reported back as properly engrossed, and is now ready for final reading and. passage. It reads as follows: "File 85, concerning labor. Sec. 1. No more than eight (8) hours shall constitute a lawful day's w r ork in all mines, and on all state and municipal works.' 7 Does the convention desire to amend? Otherwise it will be put upon its final reading and passage. Mr. GRANT. I would like to offer an amendment by strik- ing out the first three words "no more than." Mr. COFFEEN. Mr. Chairman, I think probably the gen- tleman has the same impression about this matter that I had, but on discussing the question I found I was mistaken. It says "no more than eight hours." Now the purpose is that that may be reduced by the legislature but not increased, while if you strike out the words "no more than" it w r ould leave it so it could not be reduced. Taking that into consideration, I am in favor of the file just as it reads. Mr. PRESIDENT. Gentlemen, you have heard the motion that the file be amended to read "eight hours shall constitute a day's work." Are you ready for the question? All in favor of the motion will say aye; those opposed no. The ayes seem to have it. Those in favor of the motion will rise and stand until counted 13. Those opposed will rise 12. The motion to strike out prevails. The question is, now on the final pas- sage of the file. The secretary will read the file as amended. (Reading of File 85.) The vote is now on the final passage of the file. All of the opinion that the file be adopted as a part of the constitution will say aye as their names are called; those of the opposite opinion will say no. The clerk will call the roll. (Roll call.) PROCEEDINGS AND DEBATES. 679 Gentlemen, the vote on File 85 is as follows : Ayes, 20 ; noes, 3. By your vote you have adopted File 85 as a part of the con- stitution. The next is the file on corporations, substitute for Files 11, 38, 42 and 72, reported by the committee of the whole, with the recommendation that it be adopted. The file is now rejported as correctly engrossed. Do you desire it read by sec- tions in order to amend? The file will now be read at length as the final reading. Is there objection to its being so read? Mr. HARVEY. I should like to offer an amendment to Sec. tion 15. Mr. PRESIDENT. Sec. 15 will be read. Mr. HARVEY. I offer this amendment simply because on talking with a number of the members there seems to be con- siderable doubt as to whether there is any need of it in connec- tion with Sec. 10. I therefore move to strike out Sec. 15. Mr. POTTER. Second the motion. Mr. PRESIDENT. The recollection of the chairman about this matter is that a vote was takens in committee of the whole, on a motion to strike out this section; that the commit- tee refused to strike iti out, that the bill as now T read was re- ported back with the recommendation that it do pass, that the convention as a whole adopted the report of the committee, and thereby settled its action as to this section. Am I correct in the history of this matter? If the convention will vote a motion to strike out all right, but I am in doubt about its pro- priety under the rules. Mr. HARVEY. I withdraw my motion. Mr. PRESIDENT. The chair does not make this suggestion for any reason except that it doubts the propriety of the mo- tion, upon this proposition the convention seems to have acted, and I believe the motion should be to reconsider in order to bring it up again, but notwithstanding I will put the motion if the convention desires it put. Mr. BURRITT. I object to the withdrawal of the motion to strike out Sees. 10 and 15, covering the same subject. They are not exactly harmonious, and will lead to difficulty in the construction of the intention of this file. Mr. PRESIDENT. Objection is made to the withdrawal of the motion. The chair will put the motion. The secretary will call the roll on the proposed amendment. (Roll call) Gentlemen, the vote on the motion to strike out is as fol- lows: Ayes, 19; noes, 12. By your vote you have decided to strike out Sec. '11 of the engrossed bill, Sec. 15 of the print- ed file, I believe. Are there any further amendments? The question is oni the final reading and passage of the bill. Is there objection? The chair hears none; the secretary will read the file at length. 6So CONSTITUTIONAL CONVENTION. (Reading of the file.) All who) are of the opinion that the file be adopted as a part of the constitution will say aye as their names are called; those of the opposing opinion will say no. The secretary will call the roll. (R611 call.) Mr. BURRITT. I desire to state that T have very great doubts about this being of any value the way it stands, but 1 am not sufficiently certain to vote against it, so I vote aye un- der protest. Mr. CAMPBELL. I simply desire to reiterate what Mr. Burritt has said, and vote aye. Mr. CLARK. There is much in this bill that does not ap- pear to me right, but in view of the great good there is in it, 1 vote aye. Mr. POTTER. I should like to vote for every section in this bill, but, J cannot vote for that one section, so I must vote against the whole bill. I vote no. Mr. PRESIDENT. Gentlemen, the vote on the substitute is as follows: Ayes, 26; noes, 6; absent, 1.7. By your vote you have adopted the substitute for Files 11, 38, 42 and 72, as a part of the constitution. This disposes of the final reading of bills. Mr. MORGAN. I move we now go into committee of the whole for consideration of the revenue bill. Mr. PRESIDENT. Gentlemen, it is moved and seconded that we now go into committee of the whole for consideration of the revenue bill. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the motion prevails. Will Mr. Johnston take the chair? Mr. CHAIRMAN. The clerk will please read the first sec- tion of the bill. Mr. HARVEY. I desire to offer a substitute to that sec- tion. Mr. CHAIRMAN. The clerk will read the substitute offered by the gentleman from Converse, Mr. Harvey. CLERK. "The legislature shall provide by law for a uni- form and equal rate of assessment and taxation, and shall prescribe such regulations as shall secure a just valuation for the taxation of all property, real and personal and possessory, excepting mines and mining claims, the output of which alone shall be taxed." Mr. CHAIRMAN. Gentlemen, you have heard the substi- tute for Sec. 1. What is your pleasure? Mr. MORGAN. I desire to offer an amendment to Sees. 8 and 5, and I offer it at once because the matters contained in these first five sections is the question now before the com- mittee. ; J move to amend in the fifth line of Sec. 3 by adding PROCEEDINGS AND DEBATES. 68 1 the words "or sold by a corporation" after the words "mined therefrom." Mr. CHAIRMAN. I belieA 7 e these three sections were all discussed together last evening. Do you wish to do so thi* morning? If there is no objections these sections will all be considered together. Mr. MORGAN. I desire to amend Sec. 5 by striking out all .after the words "provided by law" in the third line and insert- ing "in such manner as may be provided by law, and in the ab- sence of a law providing for taxation on the gross product or such mines they shall be listed for assessment, valued for tax- ation, and assessed according to value." Mr. CAMPBELL. I don't quite understand the substitute. It seeing toj me from the reading of it, that the only way we could tax mineral lands or mineral of any kind would be to tax the output. Now I know, and a, good many others know, that persons in New York have succeeded in getting title to a large body of coal land for the 1 , purpose of speculation, and they propose to let those lands lie there, without undertaking to develop them, until the right time comes and they see fit to operate them and take the coal out, and this substitute will be a great inducement to them to do that very thing, to hold these lands and not operate them, if you are going to reserve the lands from taxation. I cannot conceive of a more, unjust proposition than that. Mr. FOX. It seems to me that one thing has been omitted in all these amendments that have be\?n offered here. There has been no provision of any kind or shape providing for the taxation of personal property. Now this amendment offered by the gentleman from Converse county seems to cover that point, and I think should be inserted here. Mr. CHAIRMAN. Gentlemen, the question is upon the adoption of the substitute to Sec. 1, offered by Mr. Harvey. Are you ready for the question? All in favor of the motion will sayl aye; contrary no. The noes have it; the motion is lost. The question is now on Sec, 1 of the original bill. Mr. BROWN. We were considering , Sees. 2, 3, 4 and 5. Jf we are still considering these sections I desire to offer a sub- stitute to Sees. 3 and 5. Mr. CHAIRMAN. I believe Mr. Morgan's amendments take the preference. Mr. MORGAN. Mr. Chairman. I listened patiently and with the greatest interest, to the eloquent address yesterday afternoon and last evening of the gentleman from Albany, Judge Brown, and the splendid speech of tin* gentleman from TTinta, Mr. Clark, and as wejl as other able arguments from other gentlemen. We find, Mr. Chairman, that the large amount of the wealth of coal in this territory is not taxed as it should be under the present system, in accord with the ratio of 682 CONSTITUTIONAL CONVENTION. other taxes, and that must be corrected. That must be recti- fied, they must be taxed so that we will have equal taxation In this territory. We have under the present system unjust tax- ation, and we should oblige by provision in this constitution those industries which do not bear their fair proportion of the taxes to pay thc-ir full share. Now when anyone intends to come to this territory, the first thing they ask is what is the rate of taxation? They find it is from three to four per cent, and the man who lives east says to himself, I can get four ptr cent on government bonds and other securities, arid if I go to Wyoming I must pay three per cent or four), per cent before I can start or begin to get any compensation for tin? investment of my money. That is the situation, and that is what we hare got to meet. I have inserted in this section three the worti "corporation" and why? Why not tax every person who has an output of coal in this territory? Why, sir, because corpora- tions secure from the state bigger privileges. Because corpo* rations can come ajong, and if I have a home that suits me r if I do not want to sell it for any price whaever, and if I w r ant it there and upon my ground, a corporation can come along and have that condemned, and take it for their corpo- rate property, because the state gives them the right to use- that land, by surrendering that much or' the state's power; that part of the; people's rights, and I believe, Mr. Chairman, because the state does give exclusive rights and privileges to corporations that they should pay their proportion of the taxes, and the individual operator should not pay taxe.-* upon his own output, because he pays it in a thousand different ways. You ask us why we do not include all kinds of mines in this proposition. I will tell you why. We tax the output of coal mines because that is an established industry, and because it has been shown to us upon the iloor of this house that they make a large profit, and can well stand that tax at the pres- ent time, and we do not tax other industries at this time be- cause we do not know what to tax them, but I am willing to leave that to the legislatures of Wyoming to say, when the proper time comes, what soda shall be taxed, so it will bear its just proportion of the burden, what oil shall be taxed, be- cause they can judge and we cannot what amount to put upon these things, at the present time, and I am willing to trust to the legislature, the moment soda becomes .sufficiently developed so that it can bear any proportion oi' the tax, to place it upon that to the fullest extent that justice and right demand. Jus- tice and right demand that we should have an equal taxation,, and we will have it, and the only reason that we do not tax the other minerals is because they are yet in their infancy, we- do not know what to tax them, but are willing to leave it to the legislature to fix that amount: Avhen it can be ascertained. PROCEEDINGS AND DEBATES. Mr. OHAIKMAX. < l.-ntleuuMi. the (jiu-stioii is on Mr. Mor- gan's Amendment to So<-. :',. All in favor of the amendment will say aye; contrary no. The r.o'js have it; the motion to amend Sec. o is lost. The question is now on Mr. M ^rg'sn's amendment to Sec. .">, to strike out all after the word* * 'p 1 ' -jviued by law." All in fa- vor of the motion will say aye; contrary no. The noes have it; the motion to, strike out U lost. What is your pleasure, gentlemen? Mr. BBOWN. I desire to offer ns a snbsiiim" for Sees. 3 jnxl 5, the following amended amendment: "All mines and" mining claims from which gold, silver and other precious met- als, soda, saline, coal, mineral oil, or other valuable deposit?, as are or may be produced, bhall bo taxed in addition to the snr~ face improvements, and in lieu of taxes on the lands, on the gross product thereof as may be prescribed by law, provided that the product of all mines shall be taxed in proportion to the value thereof, and provided further, that the output of coal mines shall be taxed at not less than one cent per ton for state purposes on each ton of coal mined, and not less than- one-half a cent per ton for county purposes on the same pro- duct. Mr. VAGXEK. As a citizen of a coal ronnty 1 am oppos-a to that amendment for this reason. There is not the right pro- portion in the distribution of the taxes, between the state and county. The taxes collected in the regular way now are dis- posed of in this way. I think about eighty per cent goes to the county and twenty per cent to the territory. Xow I think it would be unjust to the counties that produce coal to give the >tate that large proportion of the revenue collected in the coal mining counties. Is there to be a revenue on coal or the output of coal mines the counties should receive their just proportion, the same as any other taxes collected. For that reason I am opposed to the amendment. Mr. TKS( HEMACHER As I come from a county not min- ing a single ton of coal, T should be on the other sioV of the question, but I think Mr. Vagner is right and I will vote with him. Mr. PALMER. I suppose it 'is not necessary for me to say that I am very much oppose*! to this scheme of raising a rev- enue by holding up the coal counties to do it. I am very much surprised that gentlemen who have given this subject so much attention and thought, should advocate a principle of taxation so absurd, ithat the man who operates his mine, who develops it, who puts his money into it, shall be taxed because he does that, and the fellow that gets hold of land for specula t TV pur- poses shall be allow r ed to go scott free. Under the provisions of this amendment you ttax the output of coal mines and do not tax the man who has a coal mine idle, or coal land and don't 684 CONSTITUTIONAL CONVENTION. bring it into use, and therefore I say to YOU that the people of Sweetwater county will not support this measure; they won't support your constitution, and I tell you the people of Sweejt- water, and Carbon, and Uinta, counties will not be held up in any such manner as this. I know how they feel about this; they say if we are going to be taxeld here, if the funds of this county are to be taken from us for the; support of a state gov- ernment unjustly and out of all proportion we will not sup- port your constitution. Now I want you gentlemen to consider that in your deliberations. I don't make that as a threat at all. Jf you don't do justice to us, if you don't treat us right, if you make a law that discriminates unduly against us, and .our interests, we cannot support your constitution, and you cannot blame us for it. I don't know where this scheme or plan originated, but its effect is so apparent that we can see the object of it. They want to take from the county of Sweet- water probably forty or fifty thousand dollars a year for county and state purposes, where you cannot take a cent from Lara- mie. Laramie has no such taxation. You discriminate against the coal business entirely. Some of these gentlemen in this convention are interested in soda. You don't want to toucn your pet interest, but you jump on those who are in the coal country. Why don't you tax your soda lakes, why don't you apply this to all the other mining interests, and don't discrim- inate against the coal lands? All the people of Sweet water county want from this convention is justice, and if they don't .get it they will be compelled to resort to other means. You cannot, gentlemen, as a principle of taxation find in any of the books ever written on the subject a just cause for tax- ing one particular industry. It is against all the rules of sci- ence on that subject. You will destroy the coal proprietors of Wyoming, for they cannot compete with the Colorado men, if you are going to put a tariff on coal, and therefore I say to, you, if this provision goes in the people of Sweet water Will be compelled to vote against this constitution. Mr. JEFFREY. J have refrained from saying anything on this subject for the reason that I was in hopes some of the gentlemen who have presented to the committee such eloquent arguments would begin at the very foundation of the business, which I believe is that every class of property should pay its just proportion for the support of the government in pro- portion to its value. As suggested already by Mr. Fox, I have been unable to find anywhere in this revenue file any pro- vision for taxing personal property. I don't think it gets at the matter in the right way. I believe we cannot afford to embody in this constitution any thing that will smack in the least of special legislation, or that will tend to show that in our minds there exists any intention whatever either of leg- islation for or against any property, and I believe when you PROCEEDINGS AND DEBATES. 685 come to look into this, von will find it is special legislation. I believe the terms expressed in this constitution should be broad enough to cover all classes of property, in the same pro- vision, and I have therefore prepared and will offer as a sub- stitute the following: "The legislature shall provide for such revenue as may be needful by levying a tax by valuation, so that every person and corporation shall pay a tax in propor- tion to its, her or his property and franchises, the value to be ascertained in such manner as the legislature shall direct.' 7 Now in regard to the mining question. I have this to suggest. And I suggest it with the best intentions in the world. If this convention sees fit to place a maximum and a minimum rate of taxation upon this class of property, I can see no ob- jection to it, and I would not offer any objection. "All mines and mining claims" down to the word "provided," I think cov- ers the whole ground, in a fair, just and equitaible manner. If you are going to include one I say include them all. Mr. BAXTER. I am in favor of the amendment as offered by Judge Brown, and I fail to seeliow it can be unjust to any man or to any interest. It seems to me, as well as I can judge from hearing it read once, to cover about the ground that 1 took last night on this question. I don't believe there is a man in this convention who has any other thought or desire than doing as nearly right to all the various interests to be taxed as may be possible. I believe we want to do what is right, the only question is as to what is right in this case, and how to get at it. We all know that under the present sys- tem of taxation the coal interests have not been paying their just proportion, nobody will dispute that proposition. Mr. PALMER, Is that the fault of the law or the mere administration of the law ? Mr. BAXTER, I don't know that it is necessary to say where the fault lies, possibly it is with the administration of the law, but the fact cannot be disputed that the coal inter- ests have not been bearing their just proportion of the burdens of taxation, and it is fair to assume that a change of govern ment, leaving the old system, the law as it is now in vogue, is not going to make any improvement in it. Here are all kinds of interests that are taxed according to their supposed valuation, real estate in the city, its value is ascertained and it is taxed according to its value, ranch prop- erty in the country, its value is ascertained and it is taxed ac- cording: to its value, while so far as we can see the method now in vogue operates all right except as to the question or coal. The same condition might exist if Ave had the same de- velopment in other mineral lands, so we could pass an opinion upon it, know what it is worth, but we have not any such de- velopment up to this time. ,686 CONSTITUTIONAL CONVENTION. Now this amendment does not propose any injustice at all, but siiiply tlio method by which this tax shall be levied. Here is a eoal property, its value should be determined by the value of the coal that lies within its five or six sections of land. The value primarily is in the value of the improvements put there to operate the mine. It may cost fifty thousand dol- lars to operate this or that mine, and the product of that mine may be worth two hundred million. Now the value of this property is in the value of the product that it will produce. How are you going to determine what that product is? We ^can only tell what is in there by what comes out of the ground, and we will tax it as it comes out of the ground. .Not say it is worth twenty or fifty dollars an acre, but we will arrive at its value by the value of that which comes out ot the ground as an evidence of it. There is no injustice in it, and here is the difference it seems to be in attemping to fix the value on the land. If you take a tract of land worth a mil- lion dollars, because of the value of the coal on it, and tax it. on the million dollars valuation from the time it becomes the property of a coal company and before they have suffi- ciently developed it to get anything out of it, you are placing a heavy burden on them to begin with, and the tax would not increase or decrease as the coal became exhausted. Now un- der this S3 r stem, the value would be upon what it produces, it the output became smaller it would pay a smaller tax, if the output increased it would increase the tax. As for any dis^ crimination against coal in favor of any other interest, it is provided thdt the legislature shall in the future tax mineral, oil, soda, silver, or anything else, that isi a natural deposit in the ground, and it should be taxed. We don't do it now be- cause we cannot do it intelligently, but we have a sufficient de- velopment of coal to act intelligently upon the question of coal. It ought be at least one cent for every ton mined. I have talk- ed with several gentlemen about these other minerals and they all say that they have not sufficient knowledge to fix any fig- ure upon these other minerals, but we make it the duty of the legislature from time to 'time to tax the output of all other mines, or oil, or anything else taken from the ground, for the support of the state in such manner as shall be fair and just, and tax it on the same system as we have adopted for coal. Mr. JEFFREY. May I ask one question? Would it not be fair to fix an advalorem tax, a certain per cent upon the value of the output, and apply it tto other mines as well? Mr. BAXTER, jl don't say it would be unfair at all. Mr. JEFFREY. Why not do it then? If coal worth so much per ton is subject to a tax of such a per cent of its value, why not enjoin upon the legislature to fix the same per cent upon the value of the products of other mines? PROCEEDINGS AND DEBATES. Mr. BAXTER. This amendment evidently does that. They -shall adopt the same system, and from time to time impose this tax upon any other interest developed within the state of Wyoming 1 , and I want to say, Mr. Palmer, that the claim that Wyoming operators could not compete with operators in other states w r as shown to be utterly inconsistent last ni^ht DV Judge Brown. If they don't have this tax they must have some other kind of taxation, they are taxed in Colorado in some other way. We pay in one form in Wyoming, and in Colorado they pay upon the value of the land, which is in some way assessed so that it equals the tax the mines pay that are assessed in this way. We are simply changing the method in which to pay it. This tax I think would come on the con- sumer. I think the consumer always pays the tax. He pays the original cost and the profits also. Mr. JEFFREY. I have failed yet to discover any argu- ment, and failed to hear any argument, that will change my mind in the least. The gentlemen who have talked in favor of taxing all minerals, or talked as opposed to levying a special tax upon coal, have all contended that they are not opposed to levying this tax upon coal. I have not heard that disputed upon the floor of this convention. What has been contended for and w r hat I contend for is in my opinion just and right, and that is this: If you are going to tax coal tax everything that comes out of a mine in the shape of an output, Mr. BROW^s 1 . Can you specify what the tax should be upon all these other mines? That is what we want. If you can specify the tax, that is just what I want, and just what we all want. Mr. JEFFREY. I will say that I cannot specify the tax, but I believe if you specify a tax of a certain per cent upon the value of the coal and say there shall be a tax of the same per cent upon the output of other mines, I venture to say it will "be entirely satisfactory to the majority of the members of this convention. That is all we ask, that they all be taxed alike. I want to ask permission with the consent of my second to strike out all after the word "direct." Mr. POTTER. I am in favor of Mr. Jeffrey's amendment simply because it refers to all mines, and leaves it to the leg- islature to fix a maximum or minimum rate, or to set in oper- ation the idea of taxing the output. I am satisfied with this, and I will not vote for anything in this bill that shall pro- vide for taxing the output of coal mines, and shall fix a maxi- mum or a minimum rate. Mr. BROWX. I don't know in what situation these amend- ments are. The substitute I offered for Sees. 3 and 5 at least has the preference in point of tune to any other amendments, and I desire to call the attention of this body for one moment to this amendment, and I will say right now that it is made 6SS CONSTITUTIONAL CONVENTION in deference to what seemed to be the sentiment of the gen- tlemen on the floor of this convention, they want all mineral output to be taxed in the same way. Now this provides that it shall be so taxed, and there would be no uncertainty about it. "All mines and mining claims shall be taxed on the gross product thereof," that is just what they have been saying they want, and T give it to them in just that shape, and in order that there shall be no mistake aboult it, we go a little further and say "provided that the product of all mines shall be taxed in proportion to the value thereof." So -that it proposes noth- ing but what these gentlemen have said they were all in favor of, that they should be placed upon exactly the same footing,, that the products of all mines are to be taxed equally, and in proportion to their value. Now there is another provision,, and provided further "that the product of coal mines shall be taxed not less than one cent per ton for state purposes on, each ton of coal mined, and not less than one-half cent pei ton for county purposes on the same product." Now there are- gentlemen who have said that we ought to leave this to the legislature. \~Ve provide that the porduct shall be taxed in proportion to its value, and in fixing value that shall be a guide to legislatures hereafter, we say they shall pay a tax of not less than one cent i\r state purposes and not less than one- half a cent for county purposes. Gentlemen, /I propose to fix a minim mil because we want something settled, and I have put this minimum in here in this way, not in accordance witlt my judgment as to what it ought to; be, but in order to meet some objections that were made to the bill as originally drawn. If I was to have my way about it I should say that this should be fixed at four cents per ton, that is what I should say about it, and that is a just and fair tax, and I would say that for the reason stated last night in order to keep corporations out of the legislature, and I fix the minimum here on coal because there is at the present time an output of coal, and there is no output to speak of of any other mineral substance. Now because there is an output of coal at the present time, it is necessary that we levy a tax upon that output at once, and not leave it to future legislation. If we were producing oil at this time, if we were producing soda, or silver, or any of the other met- als, I would say let us put them in here, and fix it eternally that they shall pay so much, but we are not producing silver, and we are not producing "soda, saline, oil and other valuable deposits," and therefore there is noi reason for fixing a mini- mum valuation for these, but leave it to the legislature to tax them upon the minimum price fixed here for coal; we es- tablish one valuation, and the valuation of all others will be measured by_ that. Mr. PALMER. Will Judge Brown permit a question? What is the object of revising or changing the original system PROCEEDINGS AND DEBATES. 689 of taxation in trying to get at these coal lands? Is there anything gained by that? Mr. BROWN. I will answer the gentleman's question. There is much gained. As it is now we practically get no tax whatever on the coal output, it is comparatively nothing. 4t is the richest and most prosperous business within the limits of our territory, and yet it produces but fifteen one-thous- andths of the whole tax paid for territorial purposes. Mr. PALMER. Is thaft the fault of the law or the admin- istration of the law? Mr. BROWN. It is the fault of the law and the adminis- tration of the law, and it will be the faulft of the law and the administration of the law as long as it is permitted to exist. There is only one way to change it, and that is 1 to tax the out- put, and it is the only fair way, and I challenge any man on earth to say anything else. Mr. CLARK. What is the object of making the territorial tax one cent, and the tax one-half cent for county purposes? Mr. BROWN. I will answer that question. The territory is bound to pay the expenses of its mine superintendents or mine inspectors, and I believe these mine inspectors are of great importance to the territory, but as I stated last night the maximum amount received by the territory for general purposes from all the mines is about $1,250 per annum, for all territorial purposes, and we receive for all general territorial purposes from other sources, not in addition to that, bur in- cluding that we receive from all sources about $80.000 per annum. It is easy to compute it, we have about thirty-two millions assessed valuation, and a two and a half mill tax on that valuation, if we collected it entirely, would amount to $80,000 for general territorial purposes. Now of that we re- ceive from the mining interests of this territory, it amounts as near as we can reach it, to $1,250, that may not be the exact figure but it is I think as near as we can calculate. That i* the way the thing stands now, and we pay out every year in mining expenses, the territory expends, from thirty-five hun- dred to four thousand dollars. The record of our appropriation laws will show this. Now as we pay out this large sum of money and the counties pay nothing, is the reason why we say that the state should have the larger proportion. I don't know as these proportions are exact, but if we were 'to follow the examples of other states, they don't allow any taxation for counties, it is made solely for state purposes, but it seems to me and it has seemed to be the opinion of many gentlemen on the floor of this convention, that it was fair at least to give the county some proportion of the tax realized from the out- put of coal, and therefore I have been in favor and am in favor of gjving a portion of this tax on the output to the county, and I would be glad to go further and comply with the sugges- 690 CONSTITUTIONAL CONVENTION. tion of the gentleman from TJinta, Mr. Russell, and say that so much of this county tax as is not necessary for other purposes shall be applied to the school fund of the county, the balance of it to go into the general fund, and if a projposition of that kind is presented I am in favor of it. Now as to this whole thing. I have put it in the language the gentlemen ask, ex- cept in the single proposition that we fix a minimum on the coal output, something produced at the present time, and I think that is very necessary in order to measure the other val- ues when the output becomes an established fact. Mr. HOPKINS. What did you say the coal land tax is? Mr. BROWN. The whole amount I have stated raised by the territory at the present time from the coal mines, the coal lands, the full tax levied upon coal lands and the improvements is $1,250. That is the outside. Of course that does not in- clude what goes to the counties. Mr. RUSSELL. This one cent per ton that goes for state purposes, would it not create such a surplus as to make it a great temptation for unnecessary extravagances and steals, and perhaps to have unnecessary offices created? Mr. BROWN. If in the history of Wyoming territory, the time ever comes when there are twenty million tons of coal produced, the one cent tax per ton will not meet the necessary expenses of the government of the state. Whenever the pop- ulation of the state shall be so increased, ancl its diversified interests so developed, that there will be an amount of twenty million tons of coal, the expenses of the state will far exceed the revenue thus created. Now what about the officials of the state. We have fixed the number of officers that can be cre- ated, or will be created, by the terms of our constitution, and in addition to that we ha.ve surrounded them by such safe- guards and restrictions, that no man I take it will ever want to plunder the state, if those regulations and provisions of the constitution are enforced. Mr. TESCHEMACHER. I just want to ask a question. We have heard a good deal here about robber legislatures and robber counties, especially the counties of Laramie and Al- bany. Now I want to know what you suppose will be said by the counties of IJinta, Carbon and Sweetwater, the only coal producers today that are really making money in the" coal business in this territory, when it shall be found out that the robber counties of Albany and Laramie, that do not pro- duce a single ton of coal, have placed a provision in the con- stitution which makes these three counties pay one-third of the whole state expense? I think they will accuse us of being worse than robber counties. Mr. BROWN. When oil shall be developed, when gold and silver and the other metal products of this territory shall be PROCEEDINGS AND DEBATES. 691 developed so we can tax them intelligently under this substi- tute, they shall be required to pay their just proportion. Mr. HOPKINS. 'I have taken it for granted that one of the benefits to be derived from statehood, and I have heard it advanced ever since the question came up, that it is desiiable to bring outside capital into this state, to develop the latent Interests of (Ms tenitory. Now as to taxing the output of cojl mines. J AY an I TO say his: The cost of the original improve- ments, thai is the money that you have to put into the prop- erty to develop it, is about two cents per ton, that is a fair av<.'mg;e. That is the actual cost of the improvoir.i-.iiis. Now the genlJeuK'ii of this convention propose io increase that ori- ginal <:osi of two ctnts per ton, two and : half < -eats or more, more than double it in fact. Under these jircuru^ ranees, in what position does the Wyoming coal man stand compared to his neighbor across the line? If a man wants to invest in a coal mine, and he goes to work and figures it out, he will say to himself it will cost me twice as much to develop a coal property in Wyoming as it will in Colorado. In Colorado there is just as good coal land at the same price; I will develop a mine in Colorado. I understand that the figures regarding the cost of coal, and the profits, has been dwelt upon here. I rather believe it has been exaggerated, misrepresented. The facts as these: A ton of coal to the operator of a coal mine costs $1.50, or in the neighborhood, at the mine. He sells that coal for $1.75 a tori, the profit is 25 cents a ton. I would like to ask you what the retail dealer makes. He makes 50 cents a ton, and the producer makes 25 cents. It would be more just if you would place this tax upon the retail dealer, and I would suggest that that be done. Mr. BROWN. Will Mr. Hopkins permit me to ask a ques- tion? (Is there a man who desires to come into this territory or state, and engage in the mining business, who is not wil- ling to pay a fair tax upon his investment? I contend no, and that is why I ask that the tax be placed on that basis. That it be placed on the same basis as any other tax is, on the act- ual investment and actual profit. Mr. HOPKINS. The government of the United States says that the coal lands we have are worth twenty dollars an acre, and I am perfectly willing to pay taxes on that basis for every acre of coal land I own. Mr. PALMER. I move this committee rise and report. Mr. CHAIRMAN. Gentlemen, it is moved and seconded that this committee now rise and report. All in favor of the motion will say aye; contrary no. The noes have it; the mo- tion is lost. The committee refuses to rise. Any further re- marks? Mr. HOYT. I have just a few words to say on this sub- ject In the first place if we are going to levy a tax, I insist it 692 CONSTITUTIONAL CONVENTION. should be an advalorem tax. If we are to tax the output of mines, let it toe the output of all mines. Then let it be adva- lorem, according to the value of the output, of whatever mine it may be. Let the tax be equal and just. Not direct special, but so much per ton according to the value. In the next place it seems to me that there is an inequality in the distribution: of the proceeds of this tax, that is to be made. That the coun- ties which are to pay this tax should reserve the right to themselves, or have reserved to them under the law, a large proportion of the proceeds thereof. In the third place I am opposed on general principles to the taxing of the output of mines in the early development of a territory like ours. It is opposed to the great economic principle to tax the output of mines in their infancy. In the fourth place, if it is impossi- ble to raise a sufficient revenue by this general and broad principle, then it is the inherent right of the state to resort to other methods, and having resorted to other methods, such as taxation upon a young industry, upon a developing process,, let the tax be broad and equal and just in every particular. If we cannot make it so, then f cannot support it. Mr. CLAKK. I am opposed to this substitute and although evidently offered in good faith, and in the spirjt of fairness, it is exactly the original proposition sent in by the committee, except as to the definite time of taxing the lands of other mines. If the gentleman is desirous of laying down a funda- mental law of taxation, he meets my idea exactly, but he is willing to trust to the legislature to fix an equitable and just assessment upon gold, silver, upon soda lakes, and other val- uable deposits, but he is afraid a legislature cannot be found which will be honest enough to fix a tax tfpon coal. If a leg- islature is honest in one particular, it will be honest in another, If it will be dishonest in taxing coal mines, it will be dishonest in taxing other mines, because if it is dishonest in one particu- lar, it is dishonest all through. I don't w r ant to vote upon this proposition now, and I am sorry that we cannot take a recess. I have tried to the best of my ability to verify the figures that have been given! upon this floor. I believe that members of this convention will be influenced in their vote by the state- ments made that these coal mines have not contributed their just v proportion of taxation. I have found in examining these figures, so far as my limited time would allow, such gross errors that (L do not know how true the other figures may be. It was stated upon the floor of this convention yesterday, that Mark Hopkins & Co. paid a poor, little, miserable tax, and that Mark Hopkins had stated to the speaker that he had half a million dollars worth of improvements on his mine. I do not say that this was not correct, but if Mark Hopkins did say it y I know he said that which was not true. I say that if Mark Hopkins ever said in any man's hearing that he or his com- PROCEEDINGS AND DEBATES. 6 93 pany had a half million dollars worth of improvements at their mine, he multiplied it at least by ten. I will guarantee to say from general observation, that the improvements at the Mark Hopkins mine will not exceed fifty thousand dollars, and prob- ably not anywhere near it. Mr. BROWN. In hastily glancing at the figures before me on the paper I made a mistake. I had fifty thousand on the paper, but in glancing at it I called it five hundred thousand. Mr. CLARK. There probably are other figures that were changed in glancing at them, because there is no company to- day shipping coal from Rock Springs to Laramie at $1.50 freight, d make that statement and I challenge any man ,to prove that $1.50 is the rate on coal or any product of coal from Rock Springs to Laramie. Mr. Grant pays freight at $1.25 upon slack, but for merchantable coal, such as we are talking about, selling here, is $3.00, and every man pays it. Mr. BROWN. Mr. Grant gave me the figures, and can cor- rect me if I am wrong. Mr. GRANT. It was slack. Mr. CLARK. It was upon slack he bases his figures, that which is absolutely worthless at the mine. And I don't sup- pose that any gentleman here wold say that the value of a coal mine should be taxed on the slack. The worthless part of the mine, which they have to throw away. So I say to you, the figures as given give a wrong impres- sion and I want time to further investigate this matter before voting upon it finally. Mr. Hopkins bears me out on the esti- mate as to the profit on merchantable coal, twenty-five cents per ton. The figures I have obtained this morning, the tariff sheets which are published and which the laws of the United States say they must abide by, containing the freight rates on coal to every town to which coal has been sent, I have ex- amined those figures most carefully, and I have attempted to verify the figures to Laramie. I have attempted to verify the figures to Kearney, I have attempted to verify the figures to Butte, but I fail to find in any case the statements made upon this floor correct. So I say to you gentlemen don't, credit this one. Don't rush this thing to a vote. Let us have an oppor- tunity to be correct in this matter. Give the members of his convention a chance to investigate this matter. This is a rad- ical departure suggested here. In no constitution of the Unit- ed States is the limit fixed in this manner, and when the gen- tleman says that, his substitute is in the direct line of my sug- gestion, I say it is in the direct line and a great deal further than in the direct line. I believe in leaving all this to the wis- dom of the legislature, because il believe one mine is the same as another, because I believe that the law will be honest with, all, because I believe that the future legislatures of Wyoming will be as good a body of men as sits here today, I believe they 6 94 CONSTITUTIONAL CONVENTION. will know better than we do what will be the necessities of this territory for the next ten or twenty years to come. I say to you that the legislature that will be honest with silver \vill be honest with coal, and if it is dishonest with coal it will be dishonest with silver, and so I say to you gentlemen, I don't want to be rushed to a vote upon this proposition, I want an opportunity to further examine the figures presented, I \vant to look round, and I urge you not to be convinced by figures which have not received examination even from the gentleman him- self, to see that they are correct, because I say to you, gentle- men, that every figure that was presented by the gentleman in his speech yesterday, that I have had an opportunity to ex- amine, were absolutely and unqualifiedly incorrect, and ( I say I want to examine them further. I want to see how a decision is to be made. Now if this is a fundamental proposition of con- stitutional law, I am. willing to treat it that way, and see whether it is a wise proposition to put into the constitution at, all. slf it should be found necessary in order to guard the in- terests of our territory, that we insert some provision for the taxation of mines, well and good, but when it comes to fixing a limit, whether it be high or low, I don't want this convention to be influenced by any figures that have been presented that are incorrect. I want the figures upon which we are to act absolutely correct. I want them proved, and I want them ex- act, because it would be a bad state of affairs if we should be mislead by figures offered here, with the best intent no doubt in the world, but which are unqualifiedly incorrect. Mr. HO YT. I move this committee now rise and report,. and ask leave to sit again, if such a motion is in order. Mr. CHAIRMAN. The chair believes such a motion not a proper one to be made at this time. Mr. TESCHEMACHER. I move that Sec, 5 of this bill be stricken out. Mr. HOYT. Second the motion. Mr. 'CHAIRMAN. It is moved and seconded that Sec. 5 of this bill be strickent out. All in favor of the motion will say aye; contrary no. The noes have it; the motion is lost. Mr. CAMPBELL. I move this committee rise and report, and ask leave to sit again. Mr. CHAIRMAN. /It is moved and seconded that this com- mittee now rise and report. All in favor of the motion will say aye; contrary no. The ayes have it; the cojinmittee will rise and report. (Reading of report of the committee.) Mr. CAMPBELL. I move the report of the committee be adopted. Mr. PRESIDENT. Gentlemen, you have heard the motion. Are you ready for the question? All in favor of the motion PROCEEDINGS AND DEBATES. 695 will say aye; contrary no. The ayes have it; the motion pre- vails. The report of the committee stands adopted. Mr. CAMPBELL. I move we now take a recess until 2 o'clock Mr. PRESIDENT. Gentlemen you have heard the motion, that we do now take a recess uptil 2 o'clock.- All in favor of the motion will say aye; contrary no. The ayes have it; the motion prevails. We will now take a recess until 2 o'clock. AFTERNOON SESSION. Wednesday afternoon, Sept. 25th. Mr. PRESIDENT. The convention will come to order. The business upon the table, gentlemen, is the general file, special order. What is the pleasure of the convention ? . Mr. SMITH. I desire to ask the consent of the convention to introduce a resolution. Mr. PRESIDENT. Is there objection to the gentleman in- troducing a resolution at this time? The chair hears none. The gentleman may present his resolution. Mr. SMITH. (It is a resolution of thanks to Mr. Carroll. ''Resolved, That this convention extend to Hon. W. P. Carroll their vote of thanks for his courtesy in attending upon this body and administering to its memJbers the oath of office. And be it further resolved that a copy of this resolution be sent to Mr. Carroll." Mr. PRESIDENT. If there is no objection the resolution will be acted upon at once. The question is upon the adoption of the resolution of thanks to Mr. Carroll. Are you ready for the question ? All in favor of the motion will say aye ; contrary no. The ayes have it; the resolution is unanimously adopted. What is your further pleasure, gentlemen ? Mr. BURRITT. I move we go into committee of the whole for consideration of the special order. Mr. PRESIDENT. Gentlemen, you have heard the motion, that we now go into committee of the whole for consideration of the special order. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the motion prevails. Will Mr. Johnston take the chair? Mr. CHAIRMAN. The committee will please come to order. The question at the time the committee arose was on Judge Brown's amendment. Are there any arguments to be presented on this amendment? Mr. ELLIOTT. I move to strike out the last proviso of that amendment, and I do it for this reason. I am perfectly satisfied from the course of this convention that the proper way to tax 696 CONSTITUTIONAL CONVENTION. these lands is to tax them upon the output, but {I ani further sat- isfied that we are not prepared to fix a minimum or maximum rate on the products of coal mines at this time. Mr. CHAIRMAN. It is moved and seconded that the last provision of this substitute be stricken out. Are you ready lor the question ? Mr. COFFEEN. As I understand it we are not to pass upon the substitute offered by Judge Brown, but simply the amend- ment that has been offered here to strike out certain words, to strike out that which fixes a minimum price to be paid on the output. Now I am in favor of that and shall vote against this motion to strike out, but there are gentlemen who are opposed to that and will vote the other way. I hink we have com'e down to this point now to consider one question at present, and that is this : Is it better to leave; it entirely open to the future legislatures of the state without anything to guide them what- ever? Is that the better thing to do? That is the question 1 believe. After having figured upon the estimates given by those who are opposed to me in my position, I have concluded so far from one and a half cents being too high, it is not nearly as much as we pay generally in the northern counties on our own products, and I insist therefore if we cut it down to such ft low minimum that an injustice will be done. A word in an- swer to the gentleman who has taken the ground in general op- position to this here. He wants equality and justice in taxa- tion, but I say there is no injustice in this, it is less than we pay on our other products, and land everywhere else, so (I say there is no inequality about it. But then you say why fix it at all? Tt is to guard and protect the interests of this people against the influence in the legislature that will result in an injustice to the people in favor of the corporation. I believe we ought to start with a minimum, and if you wfeh to put it up higher, I have no objection, but we ought not to permit any legislature in the future under the influence of corporate interests, to put it less than one-half cent per ton. I think this is very conserv- ative. And I trust the convention will not strike out this pro- vision. Mr. RUSSELL. I have sat very patiently and listened to fhis question as it has been discussed, and have had very little OP nothing to say about it. Still I believe I am personally interest- ed, being a coal miner. The question has been debated here, both pro and con. As- a coal miner I am satisfied as to the principle. I believe, and have belieA'ed, so far as my humble judgment will allow me to judge, that the principle is correct, but where the trouble comes with me is as to the practical operation of the thing. Now it has been said this morning, and it hafc often been said upon this floor, that if this convention don't do so and so the people of this county or that county will not vote to ratify this constitution. I wish to say this in respect PROCEEDINGS AND DEBATES. 697 to the miners. I believe today that the people, my constituents Avho sent me here, if this question was presented to them, would probably refuse to consent to ratifying it, as they would not generally understand the question, and it would have to be explained and discussed to convince them that it was right. I believe that it would not be in favor with my people, the min- ers of Almy, yet at, the same time I am convinced that the prin- ciple is right in itself, the only question is as to its operation. Still I wish to say to the members of this convention, that my people, my constituents have placed no restrictions upon me, all, the restrictions they have placed upon me is this, if my views are not their views, they sent me here to represent them and use my best judgment. I do not think it is right or wise for any member to get up here and say that the people will not ratify this constitution. I am no1< placed here by the people who sent me here with that idea over me. If such were the fact I would not be here. In my judgment the principle is right, yet we cannot agree as to a proposition as to its operation. It has been often stated that we could not trust the legislature. I have objected to this thing being mentioned on the floor of this house, on one or two occasions, and take occasion today to object to it. It is not right to the people of this territory. The members of the legislature that have come here to make laws were, will now be read. (Reading of Sec. 6.) Any amendments to Sec. 6? PROCEEDINGS AND DEBATES. 699 Mr. HARVEY. I move to strike out Sec. (5. (I don't think it is customary to put a limit on the taxation I move to strike it out. Mr. COFFEEN. I trust the convention will think a mo- ment about this. Is it not the duty of the constitutional con- vention to properly limit taxation as a safeguard to the peo- ple? I shall stand by the section 3$ it reads. Mr. CAMPBELL. I would call the attention of the mover of this motion to strike out that the congress of the United States passed a law similar to this two or three years ago, and it seems to me that we would hardly want to go down and ask for admission after refuting the limitation that they them- selves put upon us. Mr. GRANT. I would say that you will find this limitation on the amount of the levy in almost every constitution you pick up. There ought to be a limitation on the? levy. It ought to be high enough to provide for all necessary revenue, but there still ought to be a limit. Mr! TESCHEMACHER, I would like to ask Mr. Grant this question, d believe exactly what he says, but he assured me the other d;iy that it took three mills to run this territory at present. Now the limit prescribed here is only one mill more. Now do you think it is not going to exceed that one mill, the cost of the territorial government, to run the state? Mr. GRANT. I will state that the first year I think it will probably take six mills to pay the extra expenses that will be incurred, but after that I believe four would be plenty. Mr. CHAIRM AN. The question is on the motion to strike out Sec. 6. Are you ready for the question? All in favor of the motion will say aye; contrary no. The noes have it; the motion to strike out is lost. Mr. CLARK. I move that Sec. 6 be amended by striking out in the third line and in the last part of the second line ttie words "except for the support of state educational institutions/ 7 I do this because I think that the state educational institutions should stand upon the same basis as any other state institu- tion, and not because of any desire I have to hamper the uni- versity, or any other of our institutions, but the territory has always amply provided for the university, and undoubtedly al- ways will, and I think it hardly just to say in the constitution that a state educational institution may have a tax in excess of the limit of four mills, and that other institutions shall be limited to the general tax. This is the object of my amend- ment. I think they should all stand on exactly the same foot- ing as other institutions of a public nature. This provides that a special tax may be levied for educational institutions and not levied for other institutions. Mr. CHAIRMAN. There seems to be no second to the mo- tion. Any further amendments? CONSTITUTIONAL CONVENTION. Mr. BAXTER, il move to amend by inserting after the word "educational" the words "and charitable." Mr. CHAIRMAN. Gentlemen, you have heard the motion. Are you ready for the question ? All in favor of the motion will .say aye ; contrary no. The ayes have it ; the motion prevails. Mr. POTTER. My only objection to these limitations has \been the fact that we might be legislating in the dark in re- gard to this matter, and what we do cannot be undone. I think that it ought to be conservative enough not to block our way to properly carry on the state, and still if we make a large pro- vision we are liable to open the door for extravagant legisla- tion, and I believe we ought to leave it entirely alone.. Just to bring the matter before the attention of the convention, i move to strike out the word "four" and insert the word "six,' 7 and after the word "property" in the second line insert "until the taxable property shall amount to one hundred millions of 'dollars, and thereafter not to exceed four mills." Mr. HAY. I am in favor of the amendment, for in chang- ing from a territorial to a state form of government we are liable to have considerable expense as already indicated here. It is certainly not a heavy tax for a, state on the amount of taxable property we have, and I think it is a very wise propo- sition. I don't think it will be assessed unless it is needed. Mr. BAXTER, I hope that won't cafrry. It seems to me we are loaded down with taxation enough already. It seems to me if you except from the general operation of this measure charitable and state educational institutions for which special levies can be made, that four mills ought to be enough. lE don't, believe in opening the doors. Mr. FOX. I don't believe in limiting this matter in such a way that we will cripple ourselves. I think that the state board will be men of judgment and not levy any more tax than is ne- cessary. This year we have a three mill general tax, and a two mill and a half tax for the completion of this building, and if we can stand it in a territory if it is necessary we can stand it fri a ista.te. If we limit to six it will be all right. Mr. SUTHERLAND. I am opposed to raising this from four to six. When our taxes became due it took up two sides of a weekly paper to describe the amount of property which was delinquent for taxes. Mr. COFFEEX. I am opposed to removing the limit that will allow a heavier tax. The amount of money that would come into the treasury by taxing the output of coal mines would bring enough money into the treasury. I would vote to put this down to three instead of at four. Mr. CHAIRMAN. All in favor of the amendment will say aye; contrary no. The noes ha.ve it; the motion is lost. Sec. 7 will now be read. Anv amendments to Sec. 7. PROCEEDINGS AND DEBATES. 701 Mr. POTTER. In order to give me a chance to vote on prin- ciple on this matter, I move to strike out that section. I am opposed to every one of these limitations. I simply say (I don't believe we ought to put these limitations in the constitution. I am opposed to everything in this file and shall not vote for it. Mr. CHAIRMAN. The question is on the motion to strike out Sec. 7. All in favor of the motion will say aye; contrary no. The noes 1 have it ; the motion to strike out is lost. Sec. 8. Any amendments to Sec. 7? Mr. BROWN. I don't like this section here as to the addi- tional tax of two dollars/ for each person between the ages of twenty-one and fifty years inclusive shall be annually levied for county school pur-poses. Now I believe that a poll tax ought to be a territorial tax. We should provide that every citizen of the territory should pay a poll tax of two dollars for school purpose^. It should be a territorial tax. (Reading of Sec. 8.) Mr. HAY. I move to strike this section out. Mr. RINER. Under the section as it stands you provide that no city or town shall levy a tax to exceed six mills on the dollar, except for the payment of its public debt. Now I would like to ajsk Mr. Potter if the six mill tax is sufficient for the needs of the running expenses of the city of Cheyenne, exclusive of the city's indebtedness and interest? Would that be enough to pay the city officials, the necessary improvements upon the streets and the other necessary running expenses, exclusive of its indebtedness? I ask for information, as ,1 don't know. Mr. HAY. As a 'member of the committee I took pains as regards Cheyenne in this matter. And I satisfied myself that, by the strictest economy, without any improvements on streets and alleys, the city could exist, but in case of any unfor- seen accident, anything that caused the expenditure of any un- expected amount of money, we would be unable to meet it, and our warrants would have to go unpaid until we could get the cash to meet them. We could get through on six mills, but that's all. The last year the levy was something over eight mills, and we have been pretty economical this year, as every- body knows. I made this motion to strike out, simply to bring this matter up. There are two or three provisions which would make it very difficult for .certain cities and counties to get along at all. Mr. POTTER. We have a proposition giving to the legisla- ture power to pass general laws for the incorporation of cities and towns, and it seems to me that we had better go to work and pass those general laws ourselves. That seems to be the sentiment of this convention, and I don't think we ought to be too modekt about it. Let us do it ourselves, let somebody get up a general law for the incorporation of cities and towns, and 702 CONSTITUTIONAL CONVENTION. I believe the majority of this convention would consider it. It we are going to give the legislature power to pass general laws for the incorporation of cities and towns, we ought, to leave this to them. They will know what will be required, we don't, they will know all of the circumstances and conditions, and from time to time can put restrictions upon them. We don't know anything about it, and ought to leave this to the legisla- ture. There is not a charter in the territory today of an incor- porated city or town that does not have a limitation upon its power to levy taxes as to the amount, and I think they have all been very moderate, they have not been extravagant in their limitations at all. Mr. COFFEES. I do not know that I can give much infor- mation, but I can announce this that (I am opposed to having this increased to too great a limit. If the city fall into irrespon- sible hands they will be taxed to the utmost limit, and I should be in favor even of cutting this down. There has not been any argument to show that this is insufficient for a good and proper administration of a, city government, and we have other cities in this state than this one in which we are now holding this convention. I believe this is sufficient. Mr. ELLIOTT. I desire to say that I am not in this con- vention to do. or attempt to do any locality or any portion of this territory any injustice. If the Cheyenne delegation, who know their own affairs better than we do, think they cannot run the city on six mills, I am in favor of giving them what- OA'er limit they say is necessary. Mr. BAXTER. I have lived in Cheyenne a long time and I think six mills ought to be enough. \L hope this convention will stand by the six mills. Mr. BURRITT. Mr. Chairman, I simply desire to call the attention of the convention to the fact that all of our cities in this erritory, as they exist at, present, have not the same ad- vantages. Some of them labor under great disadvantages, and I am of the opinion that w r e ought not to put a limit in this constitution that would answer the requirements of our own particular localities, and which would not enable some other city to meet its necessary running expenses. In our city, a Mr. Elliott, who is mayor, will bear me out, we have never found it necessary to levy more than six mills, and it was only in one year that we ran above four mills, and six is all I think we will ever have to levy, and yet I am satisfied that there is at least no other toAvn in the territory that cannot exist be side Cheyenne on this six mill limit, but they could on an eight mill limit. And for that reason I shall support Mr. Riner's amendment. Mr. RINER. I think it is impossible to decide the necessi- ties of one city by those of another. Now there are many things in this city I have no doubt that other towns have not PROCEEDINGS AND DEBATES. 703 found necessary. I know that the authorities who have had the city's finances in charge the last year or two especially have been extremely careful about the expenditures. They have economized wherever necessary. You have no idea what it costs in this city to keep up our fire department. We know that by reason of the efficiency of our volunteer fire department that our fire losses have been comparatively small. We have .a good many fires, but the fire losses have not been large. In the absence of a fire department many thousands of dollars worth of property would have been destroyed', and you would be surprised to see tjie expenditures for the purpose of sustain- ing that fire department, and I say it is necessary. Now in many cities they don't have that at all. There are many other instances, but I refer to that as one, and there are many others that many cities may not find necessary at all, and that is wHy I say you cannot decide this in reference to localities. I don't think this ought to be decided with reference to Cheyenne. Mr. SMITH. This question of framing a constitution means simply this. That it is framed for the purpose of limitation. The charge that these limitations put in here is legislation is a mistaken idea and misleading. The purpose of a constitution is to place restrictions upon these things, because wherever that is not done it is left open to the legislature. I believe we can do this, and the proper way would be to classify the cities. In our city we have been grading the streets, and we have got along on a three mill tax, and with the saloon licenses, if they continued to. go to a city like Rawlins, Evanston or Green River, and other small towns, two mills would be enough. Mr. CAMPBELL. Suppose the legislature should come in, as they have tried, and pass a law that all saloon licenses should be paid into the county treasury, then where would your cities be? Mr. SMITH. I said if you leave them in it would be suffi- cient. Mr. CHAIRMAN. The question is on the amedment to strike out six and insert eight All in favor of the motion will say aye; contrary no. The ayes have it; it is so ordered. Mr. BROWN. I have an amendment to offer. Strike out all of the last sentence of Sec. 7, and insert as the last part of Sec. 8 the following: "Every person in the state over twenty- one years! of age, and not more than fifty years of age, shall be required to pay to the state a poll tax of two dollars, for the support of the common schools thereof." Mr. FOX. I am in favor of his section as it stands, because I think it belongs to the county. Mr. POTTER. There might be some question as to whether it should go to the district schools, and it seems to me that the words county school purposes are better. 74 CONSTITUTIONAL CONVENTION Mr. CHAIRMAN. The question is on the amendment of- fered by the gentleman from Albany. All in favor of the mo- tion will say aye; contrary no. The noes have it; the amend- ment is lost. Sec. 9. Mr. HAY. In order to bring this up I move to strike out ''thjree' and insert "five." Mr. CLAHK. That is just the motion I was going to make. Up in Uinta county we are so rich in children and poor in property that three mills would close the, schools half the year in Evanston and Alni3 r , would not be sufficient to hold school more than half the year. Mr. BROWN. I believe if the people want to give their money away for the support of their school district they have a right to do it. Mr. TESCHEMACHER, In my district nine-tenths of the tax paid for schools is paid by four corporations, these four corporations are represented by another man and myself, and we haven't any children to be sent to school, the people who gel; the benefit of the school district pay one-tenth, and this one-tenth makes the other nine-tenths pay whatever they please. Mr. POTTER. We are going to authorize the state to main- tain a system of common schools, if there is anything we be- lieve in spending money for it is to keep up the schools, and we ought not to have a limitation on that. We ought to leave that to be acted upon by the legislature. Mr. CHAIRMAN. The question is on the motion to strike out Sec. 9. All in favor of the motion will say aye; contrary- no. The ayes have it ; the motion is ordered stricken out. (Reading of Sec. 10.) Mr. FOX. I move to strike that out. My reason for mak- ing that motion is that in the educational file there is a provi- sion that all moneys shall be held as perpetual funds, never loaned out, but to be invested in some bonds. Mr. COFFEEN. I believe it is time to say a word in de- fence of the committee who formulated this file. They have canvassed almost all the points that have been brought up so far. The purpose of this file is to reach one certain point, correct one certain abuse, more than anything else. It is that whatever profit is made on public funds shall accrue to the fund on which it is made. We have arranged that a profit may be made, and whatever is made, instead of being used as a conniption fund to help elect the treasurer, shall go to the fund from which it is derived. There is not a dollar to be made on state funds to be used for private gain or purpose. This is intended to reach that case, and ask you therefore to consider very carefully this important question. You cannot give it the consideration the committee has, it would require more time than we have at our disposal. We must rely upon our com- PROCEEDINGS AND DEBATES. 705 mittee to do some things. All these things have been inserted here with a purpose. And I think you will see there is a safe- guard in every provision. Mr. HAY. The gentleman from Sheridan thinks this is a very important question, and I agree with him in this partic- ular cas(J, particularly as to the object that is sought tp be accomplished by the section now under discussion, but the obiection I have had to it was that I feared very much that it will relieve the treasurer from his bond. The law says they shall deposit their money in a bank, and having put it there as required by law, if the bank should fail I think they would be relieved of their bounds. That seems to me to be common sense. I think Sec. 11 covers this as much as we can cover it. Mr. POTTER. I think I have givent this matter some con- sideration. I have looked at it very carefully since this file was printed, and I think part of it is all right. I believe in prohibiting the treasurer from reaping a profit on public funds, that part of it is all right. But is says here it shall be depos- ited in a national bank, or in a bank incorporated under the laws of this state. Now in some places there will be no such bank, ad they would have to send the money out of the county. Then you say they shall furnish security. (I think you would find some trouble in getting a bank to give a bond, and I have some doubt aibout the authority of a national bank to give a bond or otheri security On a deposit of money with thefri. I am exceedingly doubtful about it. Of course while the bank could not sign it, the directors could sign it. But that would not be the bond of the bank. But the greatest question with me is with reference to the liability of the treasurer. We all know under our present law the treasurer is liable for the money, although the bank should fail, and his bond is liable. But under this provision you take away from the state that re- course, because you say to the treasurer, you shall not keep your money in your safe, but you shall deposit it in a bank, and if he deposits that money in a bank the treasurer is not liable on his bond, and you must then go upon the other se- curity that is given for the money. You might as well take no security from the treasurer, because he has no control what- v-ver of the money, except as far as paying it out on warrants is concerned, he is simply a machine, having no responsibility, to the state or county whatever. It strikes me that would be the effect of this section. This is an exceedingly important question. And I would ask the committee to consider it very carefully. Mr. FOX. It is the absurdity of the proposition that strikes me. Would it not be very absurd to require a national bank to give you a bond when you went, to make a deposit? It don't look reasonable on the face of it. That when you want to de- 45 706 CONSTITUTIONAL CONVENTION. posit a thousand dollars they must furnish you a bond. A state or a county treasurer is in the same category. Why should they be required to give them a bond any more than a private individual? Mr. COFFEEN. I want to dicuss this question a moment In the first place you practically lock it up so he cannot use it for anything except according to law, and you have taken that much out of circulation, if you strike this out. So much for that. In the second place this says whenever practical it shall be deposited in a national bank or a bank incorporated under the laws of this state. Those who have charge of this fund are to be the judge as to the practicability of depositing it in any organized bank. Then we are told something about security. That was discussed by the com/niittee also. A na- tional bank cannot give security as such, but the individuals composing that bank can readily give a bond, necessary for every purpose in the case. As to the liability, if the security is good, and they will be as good judges of the character and quality of the security as we are<, there can be no loste to the county, or the town, or the state, for it is secured by that in ad- dition to the possible liability of the treasurer. I believe it is better to have it stand as it is, so the money will not be locked up, but get into circulation where it is needed, and help the people along. Mr. HAY. Speaking as a banker, I am in favor of this proposition. I would like to see some regulation that would take the deposits out of politics as it were, out of the ring that it is in. The treasurer gets his political influence because he promises his deposits somewhere, in a certain place, and I don't believe it will be any more safe in that way, because he often deposits it in a private bank and has that private bank- er as a principal bondsman. But this does not strike me as just right, and a little dangerous in regard to the treasurers bond, but if the lawyers of the convention are satisfied that it does not release that security, I believe the other difficulties can be got rid of. Mr. KINER. I would like to ask Mr. Coffefn a question. What is the object of requiring a bank to give the treasurer, indemnity, when the state takes a bond from the treasurer? What interest can the state have in the personal security of the treasurer? The treasurer may require as a condition of making the deposit that he be given a bond indemnifying him personally against loss, but that is a personal matter with )him. If he gives the state a bomd it seems to me that sec- tion 11 covers the question. If the purpose is to require two bonds to the state then I don't believe the language is suffi- cient. Mr. HAY. That is the intention, so that in case there should be any los by reason of his having deposited as this PROCEEDINGS AND DEBATES. 707 requires in the hands of a national or state bank, that after "having done that, his bond is released, and the state would liave some security. Mr. CHAIRMAN. The question is on the motion to strike out Sec. 10. All in favor of the motion will say aye ; contrary no. The noes have it; the motion is lost. Any further amend- ments to Sec. 10? Mr. BROWN. I would suggest this amendment to Sec. 10. I think if this section as it stands does not relieve the treasurer of his bond that it ought to. When you compel a man who gives a bo'nd, and who undertakes to be responsible ior the care of money, when you compel him to deposit in a bank, you are taking away from him the care of the money which he is giving a bond to preserve, and it would be an out- rage to compel him to be responsible under the circumstances. Now I think that whole matter can be reached. And I was About to suggest an amendment to the section as follows: "May be deposited in a bank, or such other place as the legis- lature may by law prescribe/' Leave the matter in the hands of the legislature to regulate as best they can. Mr. COFFEEN. The amendment before us is to leave to the legislature to attend to, and do and regulate one of the most important things we have attempted to do. In my judg- ment if you will study these wards here, and notice the evils to be corrected, to secure to the state or county the profits diat may accrue, to stop the corruption that may come from Allowing the treasurer the benefit of the use of the public moneys. I believe you will hesitate a moment before you do this. The state ought to have security. That will be given under this. And the money will be safe even if the treasurer should be relieved of his bond. He is only relieved to the ex- tent of the deposit in any event. And by this method we will keep the money in circulation, which is a very good and proper thing, one much required and needed in these times of scar- city of currency in this territory. Mr. 31 ORGAN. I want to offer a substitute for this sec- tion. "All interest and other profit arising or accruing from any state, county, city, town or school district fund, shall ac- crue to the fund from which it is derived, and the diversion Ox any part, thereof by any one shall be deemed a felony, and shall toe punished as provided by law." Mr. HAY. I want to say in regard to that that the treas- urer will lock the money in the vault, he* is not going to risk the money out anywhere for the sake of having it earn interest for the state. He will lock it up in the vault, and thereby take it out of circulation. Mr. ELLIOTT. I will say first that this section had more attention paid to it by the committee than all the rest of it put together. Every question that has been suggested here 708 CONSTITUTIONAL CONVENTION. was discussed very carefully in the committee. We found there existed what we considered a great public evil ; we found that the treasurer of the state and different counties and school districts had been using the public funds for their own benefit, and we wanted in some way to provide against that, and we decided upon this section as the best possible section that could be drawn for this purpose. The idea of putting the words "whenever practicable" was that in some counties perhaps there might be no national banks, or banks organ- ized under the laws of this state, and thas it would be impos- sible for the money to be deposited there. And it would have to be sent out of the county, which would be improper, to have it sent to another county for deposit, [but the main ide/a is that when the money is used at all, if it is taken out of the hands of the treasurer, that whatever interest may accrue shall accrue to the benefit of the fund to which it belonged. Now the prop- osition submitted by Mr. Morgan will accomplish nothing what- ever. No treasurer is going to risk his bond by depositing money in any bank unless 1 he is going to get something for it. They do it now because they themselves get the benefit from it, but when you say that the interest that may be derived from it shall accrue to the fund to which it belongs, then you ask them to take all the risk for the benefit of the state, and no man is going to run that risk for the benefit of the state. Mr. MORGAN. I withdraw my substitute. Mr. CHAIRMAN. Any further amendments? Sec. 11. Mr. BAXTER. j[ move to insert after the word "money 7 "' in the second line, the words "or other public funds." Mr. CHAIRMAN. It is moved to amend by inserting af- ter the word "money" the words "or other public funds." Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; it is so amended. Sec- tion 12. Mr. POTTER, In order to avoid any misunderstanding I move to insert the words ''of state" after the word "'secre- tary." Mr. CHAIRMAN. Gentlemen, you have heard the amend- ment. Are you ready for the question. All in favor of the motion will say aye; contrary no. The aye have it; it is so amended. Sec. 13. Mr. BAXTER. I move to amend by adding to the last line the words "and such other duties as may be prescribed by law." Mr. CHAIRMAN. Gentlemen, you have heard the amend- ment. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; it is so- amended. Mr. BROWN. I would change these sections, I would strike out all of Sec. 14 after the words "prescribed by law," PROCEEDINGS AND DEBATES. 709 and make the latter part of the section a part of Sec. 13. I don't believe the machine shops should be assessed along with the rails and rolling stock. I believe every county should assess the property in that county, ff would like to see that section separated. Mr. HAY. There is one thing about this I don't like. It says that it shall be distributed "in proportion to the number of miles of railway laid in such counties, cities, towns, e(tc.' 7 If that means that a city w r hich has a large amount of railroad property not connected with he road bed shall go in at the mileage assessments, I want that changed before it is passed. It might have four or five hundred thousand dollars worth of property and only two miles of railroad in that town, and if under this proposition it would only get the benefit of those two miles of road then I want this changed. Mr. BROWN. I desire to call attention to these two sec- tions, as they now are. They are inconsistent with each oth- etr. You say in one section that the board shall assess "all property" and in the other "all property except as herein pro- vided shall be assessed in each county, city, town, in which it is situated, in the manner prescri|bed by law." NOAV there is another thing I want to call attention to in Sec. 14. The lan- guage is: "The franchise, roadway, road bed, rails, and roll- ing stock, and all other property used in the operation of all railroads and other common carriers operated in the state." Now this carries with it all the machine shops, all the round houses, or rolling mills, and everything else that the company owns of that kind, because it is all used by that company in operating their road. I don't think you want the value of these shops at Cheyenne distributed all along the line of this road among the various counties. I don't think we want it just that way. Mr. ELIed with the question of debt. Mr. CLARK. The only part of this I don't like is the pre- sumption of fraud. Who is to raise that presumption, or what is to raise that? PROCEEDINGS AND DEBATES. Mr. CHAIRMAN. The question is on striking out all after the word "debt." Are you ready for the question? All in fa- Tor of the motion will say aye; contrary no. The ayes have it; it is so ordered. Mr. TESCHEMACHER. I move to strike out in Sec. 6 in line two the clause "or in any manner destroyed." Mr. CHAIRMAN. Gentlemen, you have heard the motion. Are you ready for the question? All in favor of the motion ivill say aj r e; contrary no. The ayes have it; the motion pre- vails. Mr. BKOWN. (In Sec. 10, line two, I move to strike out "or" and insert "and." Mr. CHAIRMAN. Gentlemen, you have heard the motion. Are you ready for the question ? All in favor of the motion will say aye; contrary no. The ayes have it; the motion prevails. Mr. BROWN. In the fourth line I move to strike out ''de- sired" and insert "necessary." Mr. CHAIRMAN. Gentlemen, you have heard the motion. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the motion pre- Tails. Mr. COFFEEN. I wish to call attention to the last line of Sec. 14. "Nor shall any cruel or unusual punishment be in- flicted." To some people hanging might be considered an un- usual form of punishment. This might prevent any such pun- ishment for crime. I therefore move to strike it out. Mr. BAXTER. I think that, the proper construction of that is that unusual means something unheard of, some pun- ishment that the law docs not contemplate. If the legisla- ture should provide for punishment by electricity or some- thing else, I have no idea there would be any objection to it under this. Mr. CHAIRMAN. The question is on the motion to strike out "unusual" in the third line of Sep. 14. Are you ready for the question? All in favor of the motion will say aye; con- trary no. The noes have it; the motion is lost. Mr. RINER. I wish to call the attention of the committee to the word "unless" in the first line of this section. It should foe "except." Mr. CHAIRMAN. If there is no objection it will be so amended. Mr. TESCHEMACHER. What is "vindictive justice." Mr. HOYT. That was a humanitarian section. It does not mean anything definite. But was an indication toward hu- mane methods. Mr. HARVEY. I move to strike out "vindictive justice/' 'The other seems to cover it 7 20 CONSTITUTIONAL CONVENTION Mr. CHAIRMAN. Gentlemen, you have heard the motion.- All in favor of striking out "vindictive justice" will say aye; contrary no. The ayes have it; the motion prevails. Mr. RINER. Jn the fourth line of Sec. 18. I don't belieye he is a competent juror, or ought to be., I don't see how you are to bind him to do his duty in any way. I think that ought to be a disqualification. I move to strike it out. Mr. BAXTER. I am opposed to striking that out. There are undoubtedly men on this floor who have some acquaint- ances on whose integrity and truth they rely the same as a man who does believe in the existence of a God. I have no- special sympathy with that idea, but, I say that you do find men, and good men too, who don't know whether they believe in a God or not, but I say if you take those men and put them on a jury they are as liable to tell the truth as any other man, and I don't think it ought to be stricken out. If a man is com- petent to serve in every other way I fail to see why he should not be allowed to. And (I don't believe his belief in God will help it a bit. Mr. HOYT. I believe in God, and I believe the vast major- ity of people believe in the Supreme Being, but if a man shall find it impossible to accept that belief, he is not therefore nec- essarily disqualified. I do not believe he will be any more apt to tell the truth on account of any religion. Whether he be- lieves or not, he may be ji^st as truthful, just as moral in all the relations of life, as another man who is deemed the best in the church. Let us accept a man for what we know him to be. Accept his statement as truth whether he believes or not. This is the broadest declaration ever put before any people. I hope to be proud of our constitution in every par- ticular, but especially proud of it on account of its breadth and freedom from all prejudice. Mr. HAY. It is simply impossible for all men to say that they are able to accept the doctrine of an over-ruling Provi- dence. JL don't think that it has anything to do with their truthfulness at all. And truthfulness is what is wanted in a court. Mr. RINER. In my judgment the whole section is rather peculiarly worded. My idea is not that a man who does not, believe in the existence of God would be less competent to testify as a witness, but if he is sitting as a juror in a capital case, what is the effect upon it? Should he be competent? That is where the danger comes in, in that case, and I don't believe he ought to be allowed to sit in such a case. I see by merely striking that out would not reach the question desired, but I should criticise! the section as a whole with that in. Mr. BAXTER. While he proposes to strike out this prop- osit^on here as to serving as a juror, he proposes to allow the- same person who shall not be competent to serve as a juror,. PROCEEDINGS AND DEBATES. 721 to fill any position of trust or profit in the, state*. He may be elected governor, he may pass upon the rights, nay, even the lives, of other men, in our courts, he is not disqualified, but he is disqualified from testifying, from giving his evidence, on a difference between two of his neighbors, or from sitting as a? juror in passing on that difference. It seems to me he is inconsistent. He should not be eligible to anything within the gift of the people. Does he mean to say that, I believe we should take the man for what we know him to be without any reference to what h,e professes to believe. Mr. HAY. I move to amend Mr. Riner's motion by strik- ing out from "juror" down to ''because." Mr. CHAIRMAN. Gentlemen, you have heard the motion. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the motion pre- vails. Mr. BAXTER. I move to strike out the last clause of Sec. 28. "On property it shall be advalorem." Mr. CHAIRMAN. Gentlemen, it is moved and seconded that, the last clause of Sec. 28 be stricken out. Are yon ready for the question? All in favor of the motion will say aye; con- trairy no. The ayes have it; the motion prevails. Mr. HAY. I notice in the Washington constitution a provision as follows: "The provisions of this constitution are mandatory, unless by express words they are declared oth- erwise." I move to insert a; similar provision here as Sec. 38. Mr. HARVEY. Are not all these mandatory? Does not the use of the word "shall" make them mandatory? Mr. HAY. As it seems unnecessary, I withdraw my mo- tion. Mr. BURRITT. I move when this committee rise they re- port back this file with the recommendation that it do, pass. Mr. CHAIRMAN. Gentlemen, you have heard the motion. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the motion pre- vails. Mr. BURRITT. I move this committee do now rise and report. Mr. CHAIRMAN. Gentlemen, you have heard the motion. Are you rqady for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the committee will now rise and report. (Report of committee of the whole.) Mr. PRESIDENT. What is your pleasure, gentlemen? Mr. BURRITT. tl move the report, of the committee of the whole as read be adopted. Mr. PRESIDENT. It is moved and seconded that the re- port of the committee of the whole as read be adopted. Are you ready for the question? All in favor of the motion will 46 722 CONSTITUTIONAL CONVENTION. say aye; contrary no. The ayes have it; the report stands adopted. Mr. TESCHEMACHER, As the engrossing committee have a great deal to do, and as the file on preamble and bill of rights is but slightly amended I would like to ask if it may not be considered as the engrossed file as printed. Mr. PRESIDENT. It is moved and seconded that the printed file, preamble and bill of rights, be considered as the engrossed copy. Are you ready for the question ? All in favor of the motion will say aye; contrary no. The ayes have it; the motion prevails. The file will be" so considered. Mr. CHAPLIN. I move we take a recess until 9 o'clock tomorrow" morning. Mr. PRESIDENT. Gentlemen, you have heard the mo- tion. Are you ready for the question? All in favor of taking a recess until 9 o'clock tomorrow morning will say aye; con- trary no. The ayes have it; the motion .prevails. TWENTY-SECOND DAY, MORNING SESSION. Thursday, Sept. 20, 1889. Convention assembled at 9 o'clock. President Brown in the chair. Mr. PRESIDENT. Convention come to order. Prayer. Mr. PRESIDENT. The secretary will call the roll. (Roll call.) (Reading of the journal.) Mr. PRESIDENT. Are there any corrections to be made to the journal? The chair hears none, and it will stand approved as read, -Mr. Secretary. Presentation of petitions, propositions and memorials. Are there any to be presented this morning? Are there any re- ports of committees? In cases where propositions have been referred to committees, and the originals not returned again, the secretary would ask that they be returned so that they can be all filed away, and a record kept of them, and if the -gentle- men of the convention who have any of these propositions in their possession will return them within the* next day or two, it will help us out. PROCEEDINGS AND DEBATES. 723 Final reading: of bills. File No. 88, as reported by your com- mittee, has been properly engrossed, or rather the printed copy was made the engrossed copy, and is now before you for final reading and passage. Is there any desire to amend? Is there any section that any member desires to amend ? Mr. HAY. I have an additional clause that I want to sug- gest. The thing I want to add is this: "The provisions of this this clause are mandatory unless by express words they are qualified or declared to be otherwise." It has been suggested that it would be a good idea to have that incorporated, and therefore I mention it. Mr.HOYT. Mr. President, Mr. PRESIDENT. The gentleman from Albany, Mr. Hoyt. Mr. HOYT. As a member of the committee making the report I simply desire to say that I have carefully looked into this amendment offered by Mr. Hay, and it seems to me. a prop- er thing to be incorporated into the constitution as there might possibly be conflicts between some portions of the constitution, and this would possibly and I think probably, relieve the diffi- culty arising in any such case. I can see no harm in it, and good might possibly come of it. Mr. SMITH. I move the proposition be laid on the table, and come up before the convention at the same time as the article referred to. Mr. PRESIDENT. It is moved that the proposition offered by Mr. Hay be laid on the table until the constitution comes up for final reading, and that it be tjien considered with the article referred to. Mr. COFFEEN. I rise to a point of order. I understand this is an amendment to the bill of rights. The point raised is simply this : If this motion to table this amendment should prevail, it would cany the bill of rights along w^ith it. I don't think we can ta,ble an amendment unless w^e table the whole subject matter with it. Mr. PRESIDENT. Has the gentleman any authority for the point raised? It is the understanding of the chair that the motion would table the entire matter in the proposition itself, but not necessarily table the whole bill or file which it is pro- posed to amend. Mr. COFFEEN. I have always seen the ruling in legisla- tures and other bodies where any motion is made to table any proposition that the whole subject matter to which it refers is tabled w r ith it, I do not know as I can refer to any special authority, but I have always seen that ruling practiced in that way. Mr. PRESIDENT. I perhaps misunderstood Mr. Hay, but I understood his motion was to present this as an amendment to the bill now under" consideration. It is now moved by Mr. Smith that that matter be laid on the table, and be consid- 7 2 4 CONSTITUTIONAL CONVENTION. ered when the article itself comes up for final passage by the convention. Mr. HOYT. It was understood by the gentleman offering the proposition that the article was now before the convention: for final passage, and that amendments had been called for. Mr. PRESIDENT. It was called up for final reading and amendments asked for, and the chair understood that this was offered as an amendment. Was it the intention of the gen- tleman from Laramie, Mr. Hay, to so offer this? Mr. HAY. That is exactly what I intended to do. Mr. SMtlTH. I will withdraw my motion. I thought you were calling for propositions and did not understand that the file was before the convention at this tune. If the file is now pending it may as well be disposed of at this time as well as any other time. Mr. PRESIDENT. The question is on the amendment offer- ed by Mr. Hay. The chair would state that it seems to me that it would be a very dangerous matter to incorporate 1 . Mr. HAY. I want to say that I do not offer that again to- day on my own account, but at the suggestion of the commit- tee. After it was voted down la,st night I should not have brought it up for discussion again but that the committee asked me to do it. I don't know w r hether it would reach the point desired or whether it is a good thing or not. I simply offer it because I was asked to. Mr. ELLIOTT. I favor in every way any attempt at heal- ing any possible defects in the 1 constitution, but I think that the amendment offered would not only not accomplish that, but that it would be a rather dagerous provision to insert. The constitution should speak for itself, and if we cannot frame such a constitution, a constitution that declares in plain lan- guage what it means we should not try to frame any. Mr. PRESIDENT. The thought that occurred to me was that there are many negative propositions in the constitution, in fact a large portion of the constitution is made up of nega- tive propositions, and if you say they are mandatory, as pro- posed in the amendment offered, the effect of such a state- ment in the constitution w r ould be to make these negative prop- ositions mandatory. The rule is universal that these negative matters are never enforced until they are enforced and carried out by laws enacted by the legislature. They merely give the legislature authority to act in certain matters, and prevent their acting in certain matters. Mr. SMITH. It would demand a strict construction of these matters instead of a liberal as intended. Mr. HAY. I withdraw that amendment if it is permitted. Mr. PRESIDENT. It will be withdrawn if there is no ob- jection. PROCEEDINGS AND DEBATES. 725 Mr. HARVEY. I last night moved to strike out all after the word "debt" in Sec. 5, under the supposition that it was necessary. My attention has since been directed to the law re- garding this matter, and I find Mr. Potter was right. As now amended we could not enact any law to imprison any one to aid in securing the execution of a judgment, and I therefore move to amend the said Sec. 5 by adding the lines in the original section. Mr. PRESIDENT. The convention has voted to strike out these very same words, and it so stands as the action of the convention, and it seems to me^that it would look a. little va- cillating for us to take this action this morning. It would look as if we did not know just what we did want. Mr. HARVEY. It was upon a misapprehension of the legal bearing of the 1 matter that J made that motion last night, and since I have discussed the matter and considered it more carefully I think those words should be reinserted. Mr. CAMPBELL. Was it struck out last night? Mr. PRESIDENT. It was recommended by the committee of the whole that these words be stricken out, and the con- vention adopted their report with that recommendation, and it became the action of the convention by that vote. Mr. HARVEY. To make it less awkward I move that after the word "debt" we insert the words "except in case of fraud." That, is the language in the Nebraske constitution. Mr. PRESIDENT. Gentlemen, it is moved to amend this file by adding to Sec. 5 the words "except in case of fraud." Are you ready for the question. All in favof of the motion will say aye ; those opposed no. The ayes have it ; it is so amended. Mr. BAXTER. Mr. President. Mr. PRESIDENT. The gentleman from Laramie, Mr. Bax- ter. Mr. BAXTER. I voted in the affirmative last night, con- firming the action of the committee of the whole in regard to this file, and I now desire to move that vote, so far as it effects Sec. 18, be reconsidered. Mr. CAMPBELL. Second the motion. Mr. PRESIDENT. It is moved to reconsider the vote by which the recommendations of the committee of the whole were adopted, so far as they relate to Sec. 18 of the printed bill. The secretary will read the section. (Reading of Sec. 18.) Mr. PRESIDENT. Th question is on the reconsideration of the vote by which the report was adopted as to this sec- tion. Are you ready for the question ? Mr. CAMPBELL. I was not here last night when this mat- ter was considered, so I do not know what arguments were made 1 in regard to it, but it looks to me as if the section as ft stands with that part out would make any person incompetent 726 CONSTITUTIONAL CONVENTION. to hold any office or serve as a juror unless lie believes in a God. It strikes me that it is not just right. Mr. PRESIDENT. Are you ready for the question? The question is on the motion to reconsider the vote. All who are of the opinion that the vote adopting the report of the coni- mittee of the/ whole should be reconsidered, so far as it re- lates to this section, will say aye; those opposed no. The noes seem to have it ; the noes have it. The motion to reconsider is lost. Are there any further amendments to be oifered to the file? Mr. CAMPBELL. I suppose I ought to be censured for not being here last night, when this, matter was discussed, a,nd I ought not to take up the time of the convention at this stage of the proceedings, but I would like to inquire if any amend- ment was made to Soc. 9. Mr. PRESIDENT. None. Mr. CAMPBELL. Then I move to amend the last sen- tence as follows: "Of not more than twenty-three nor less than sixteen, any twelve of whom may find an indictment." Mr. MORGAN. Second the motion. Mr. PRESIDENT. The question is on Mr. Campbell's mo- tion to amend Sec. 9 as follows: "Of not more than twenty- three nor less than sixteen, any twelve of whom may find an indictment" Are you ready for the question? All in favor of the motion will say aye; contrary no. The noes have it; the motion to amend is lost. Mr. CAMPBELL. Although I don't seem to be very suc- cessful with my amendments I want to pla,ce myself on record in regard to these; things, and I will now move to strike out all of the last sentence after the word "indictment." Mr. PRESTOK Second the motion. Mr. PRESIDENT. It is moved to amend by striking out all of the last sentence in Sec. 9 beginning with word "but." Are you ready for the question? All in favor of the motion to strike out will say aye; those opposed no. The noes have it; the motion is lost. Mr. CAMPBELL. I have another amendment which I wish to offer. Sec. 10, I believe that w r as not amended. Now, Mr. President, I don't think this committee here can improve on the language of the United States statute on this subject, and I therefore move to amend by striking out the words ''to meat the witnesses opposed face to face," and put in the language which everybody understands, "to be confronted with the wit- nesses against him." That is the language that has been pass- ed upon by the courts, and we all know what it means. Mr. PRESIDENT. You have heard the motion made by Mr. Campbell to strike out and insert. Are you rea/ly for the ques- tion? All in favor of the motion will say aye; those opposed no. The chair is in doubt. All thoso in favor of the motion will PROCEEDINGS AND DEBATES. 727 rise to their feet and stand until counted 17. Those opposed will rise and stand until counted 10. The motion to strike out and insert prevails. Mr. BAXTER Mr. President. Mr. PRESIDENT. The gentleman from Laramie, Mr. Baxter. Mr. BAXTER, jl move in the fourth line of Sec. 18, after the word "juror" to insert the following: "On account of his be- lief in God, or the non-existence of a God, nor." I do this be- cause when the motion to reconsider was pending before the house some of the gentlemen here did not understand what was before the house. Mr. CAMPBELL. Second the motion. Mr. PRESIDENT. Th gentleman proposes to insert lan- guage that he has already voted out. In order to do that it will be necessary to reconsider the matter. Mr. BAXTER. My motion was to insert "on account of his belief in God, or the non-existence of a God, nor." I do not think thoise are the exact words that were stricken out. Mr. PRESIDENT. Will the gentleman present his motion in writing? Mr. COFFEEN. I would suggest that "on account of his belief or disbelief in God" would make the smoothest read- ing. Mr. PRESIDENT. The gentleman from Laramie, Mr. Bax- ter, moves to amend Sec. 18 by instrting the words "on ac- count of his belief in God, or the non-existence of a God, nor.' 7 Are you ready for the question? Mr. BAXTER. I simply want to say a few words in regard to this matter. Some of the gentlemen present claim that if this is stricken out, the effect would be the same as with it in. Other gentlemen seem to think that it would not. Now it seems to me that the best way for a man to convey his meaning is to say what he means. If he means that a person shall not be disqualified from holding any office of trust or profit, or serving as a juror, I want him to say so. I object to leaving thi/3 section in such shape that one man may interpret it to retain that restriction and some other man says it does not. If we mean that it does we had bettor say so; if Ave don't mean it, we had better say that we don't mean it. I don't see why a man's religious belief should disqualify him. The question does not touch me personally, because I believe in the existence of a God, but because;! believe, a man who does not believe in the, existence of a God is just as well qualified, just as competent and just as truthful, as a man who does believe, to sertve as a juror or hold any office of trust, that I insist this should be inserted. I know two or three men, citizens of this town, who, if placed on the stand, could not swear wheth- er they believed in a God or not, and I would say further that 728 CONSTITUTIONAL CONVENTION. I don't believe that three men out of five have any deep, rigid convictions as to what they do believe in regard to this ques- tion, and I think you are placing a man in a false light to make* him swear whether he does or does not believe something. Mr. HAY. I would like to ask whether the words "any matter of religious belief whatever" would not cover it just as well. It seems to me that it is all covered by that one sen- tence. Mr. PRESIDENT. Are you ready for the question? All those who are in favor of inserting the words proposed by the gentleman from Laramie, Mr. Baxter, will say aye; those op- posed no. A division is called for. All in favor of the amend- ment will rise and stand until counted 13. Those opposed will rise and stand 17. In the negative-. The motion to in- sert is lost. The question now is shall the file be finally read? Mr. BURRITT. I desire to offer a substitute for Sec. 6. The amendment offered to Sec. 6 that was carried last, night takes away, in my judgment, all the force of the/ section, and I have a substitute which I wish to offer, Avhich reads as fol- lows: "No person shall be deprived of his life, liberty or prop- ierty without due process of law." *Mr. PRESIDENT. The chair will state the motion of the gentleman from Johnson, Mr. Burritt. He moves that the fol- lowing be inserted as Sec. G, in lieu of the, present section: ''No person shall be deprived of his life, liberty or property without due process of law." Are you ready for the question? All in favor of the adoption of the amendment will say aye; thoso opposed no. The ayes have it, and the motion prevails. Are there any further amendments? The question is now upon the final reading of File 88. Mr. CAMPBELL. I have been dubbed a crank for getting up here this morning and offering so many amendments, but nevertheless I would like to know what the words "American Union" in the last line of this file mean ? I don't believe there is any such thing as the "American Union." I say it is the United States of America, and that there is no such thing as the so called "American Union," except as that vague term is used by spread-eagle, high flying orators, and I there- fore move that the words "American Union" be stricken out, and the "United States of America," inserted in lieu thereof." Mr. PRESIDENT. The question is now upon the final read- ing and passage of. the file. It has passed the point where* amendments can be made. All who favor the adoption of File 88 as now amended as a part of the constitution will say aye as their names are called ; those opposed will say no as their names are called. The secretary will call the roll. The vote upon File 88 is as follows: Ayes, 31; nays, 5; absent, 13. The file No. 88 you have adopted, gentlemen, as a pa.rt of the con- PROCEEDINGS AND DEBATES. -729 tstitution of Wyoming. This disposes of all matters upon the table for final reading. Mr. REED. Mr. President. Mr. PRESIDENT. The gentleman from Laramie, Mr. Reed. Mr. REED. I desire to offer a proposition at this time and movo that it be placed on the general file. The, proposition Jis as follows: "Appeals from decisions of compulsory boards of arbitration shall be to the supreme court of the state, ana the manner of taking such appeal shall be prescribed by law." Mr. PRESIDENT. Is there objection to the proposition toeing offered at this time? The chair hears none, and it will be referred to the general file to come up In the regular order. -Are there any other propositions or reports at this time? Mr. POTTER. In accordance with the suggestion made by the chair, the judiciary committee desires to make a report upon some files referred to them. Mr. PRESIDENT. Is there any objection to. the report be- ing received at this time? The chair hears none. The report will be received. (See journal page 96.) Mr. PRESIDENT. A motion to go into committee of the whole for consideration of the general file is now in order. Mr. HARVEY. I move we now go into committee of the "whole for consideration of the general file. Mr. BURRJTT. Second the motion. Mr. PRESIDENT. The question is on the motion to go into committee of the whole for consideration of the general file. All in favor of the motion will say aye; those opposed no. 'The ayes have it; the motion to go into committee of the whole prevails. (The president called Messrs. Harvey, Casebeer, Clark, IFoote, Campbell, Reed to the chair, but all declined. Mr. Elliott of Johnson finally accepted.) Mr. CHAIRMAN. The first file to be considered is substi- tute for Files No. 59, 29 and 8, on education. Mr. HOYT. Mr. Chairman, it will be recollected that this was taken up for a. few moments the other evening, and at tha't time I stated that while all the sections had been very care- fully considered by the committee, Sec. 1 was somewhat has- tily prejpared in order to get it before the committee of the whole. And I beg to offer the following as a substitute for Sec. 1: (Hoyt's substitute for Sec. 1.) "Since the' security and general welfare of a state depends mainly on the popular intelligence and virtue of its citizens, the legislature shall provide for and maintain a complete and uniform system of public instruction, embracing free elemen- tary schools of every needed kind and grade, a university with such technical and professional departments as the public 730 CONSTITUTIONAL CONVENTION. good may demand, and the means of the state allow, and such other schools as may be necessary." Mr. BURRITT. I would like to ask Mr. Hoyt if he consid- ers it a wise thing to leave to the legislature the establishment of grades in schools? Mr. HOYT. I suppose the legislature will make such pro- visions as will lead to the establishment of grades. It is not supposed that the legislature will interfere with the grades as they are at present, but it has been thought possible that there might be other classes of schools. Schools for manual" training have been opened IL in any pin cos in connection with the public schools. Then there is the kindergarten, for very little children before they are prepared to enter* the eight grades which are established almost universally throughout the country. Mr. CHAIRMAN. The question is on the substitute. Are- you ready for the question ? Mr. BAXTER I take exception to it because I don't think that the security depends mainly upon the intelligence of its citizens. I think it is dependent upon the virtue and upright- ness of its citizens. Mr. COFFEEN. I wish simply to state that I think that intelligence is not the only safeguard of free institutions; virtue is greater and stronger than education. Mr. EOER I am inclined to think that if Mr. Ooffeen ana. Mr. Baxter will refresh their memories they will recollect that in discussing the educational qualification to the right of suf- frage, that they contended that it was. I am therefore in favor of the substitute. Mr. MORGAN. I move to strike out all of the first part of the section down to the words "the legislature." Mr. HOYT. I think the committee w T ould make no objec- tion to that. This clause is introduced only with the design; to educate the public mind, that is all. Mr. CHAIRMAN. All in favor of the amendment will say aye; those opposed no. The chair is in doubt. A,s many as fa- vor tho amendment will rise and stand until counted 18.. Those opposed will rise 6. The motion is carried. As many as favor the adoption of this substitute as amend- ed will say aye; those opposed no. The chair is in doubt. As many as favor the adoption of the substitute will rise and stand until counted 17. Those opposed will rise G. The mo- tion is carried. The substitute is adopted. (Reading of Sec. 2.) Mr. MORGAN. I suggest that the figures be stricken out and the words written. Mr. CHAIRMAN. That is a matter that the committee on, revision will attend to. (Reading of Sec. 3.) PROCEEDINGS AND DEBATES.) 731 Mr. CLARK. I move to strike out the section. Mr. PALMER. Second the motion. Mr. HOYT. I would like to ask the gentleman why? Mr. CLARK. My reason is that I Jbelieve in the section above everything that can possibly go to the schools is provid- ed for, and I don't see any necessity for this section. Mr. CHAIRMAN-. As many as are in favor of striking out will say aye-; contrary no. The chair is in doubt. As many as favor the motion will rise and stand until counted 16. Those opposed 5. The motion is carried. No objection to Sees. 4 and 5. (Reading of Sec. 6.) Mr. HOYT. There seemis to have been an error in the first lino, after the word "belong." I think there should be inserted "to the public school fund." Mr. POTTER. I move to amend by striking out the words ''county treasurers" and insert "custodians of such fund.- 7 Perhaps we ought to omit that part providing that the money shall be paid to the county treasurers, as the legislature might make other provision. I don't know a,s we ought to bind the legislature as to the method, and therefore I move to strike out "county treasurers" and insert "custodians of such fund.' r Mr. BROWN. The county treasurer receives all the money for the school funds of the county, and I think he ought to re- ceive every cent and then have it disbursed by the treasurer of the county among the several school districts. This belongs to the fund of the county and ought, to be in the hands of the county treasurer. Mr. BTTRRITT. Let me call attention to the fact the con- stitution, as we now have it, does not specify any county offi- cials at all. Now supposing the legislature should see fit to designate some other person than the county treasurer, sup- posing they shouldn't have a county treasurer and should call it something else? Mr. COFFEEN. I desire to ask one question of the com- mittee. "All fines and penalties." Are there not other funds that should be turned over to the county besides "fines and penalties ?" Mr. HOYT. That matter was carefully considered by the committee, and while several matters were included they were finally thrown out as being funds that would go into the county fund in a general way, and we thought it not wise to interfere with them. Mr. CHAIRMAN. The question is on the amendment of- fered by Mr. Hoyt, to insert after "belong" the following: "To the school fund." As many as favor the amendment will say aye; those opposed no. The ayes have it; the amendment is carried. The next amendment is the one offered by Mr. Potter, 73 2 CONSTITUTIONAL CONVENTION. to strike out "county treasurers'' and insert "custodians of such fund." Mr. HOYT. J suggest that the words "county treasurers" be allowed to remain, but after the word ''collected" to insert a clause which Mr. Potter will prepare, covering the ground, which he will now offer. Mr. POTTER. In order to get this right I move to amend as follows: "All fines and penalties under general laws of the state shall belong to the public school fund of the respectiA-e counties, and be paid over to the custodians of such funds for the current support of the public schools therein." Amend the whole section in that way. Mr. GRANT. I think that this fund ought to be turned over to the county if possible, and I think that, the section as it now stands is right. We certainly will have a county treasur- er; we will have to have. Mr. CHAIRMAN. Are you ready for the question? Mr. FOX. I think that the section as it now reads is just right. I have been in the Albany county treasurer's office and I know all the money that comes in to the treasurer is put into the school fund, and is apportioned by the school superintend- ent of the county to the different districts of the county, ac- cording to the number of children, and I think the county treasurer is the proper person to handle it. Mr. CHAIRMAN. As many as favor the amendment will indicate the same by saying aye; those opposed no. A divi- sion is called for. As many as favor the substitute will rise and stand until counted 17. Those opposed will rise 17. The motion is carried and the substitute is adopted. (Reading of Sec. 7.) Mr. BINER. I move to strike out the word "sacred" for the reason it is unnecessary. Mr. BAXTER. I rise to make an inquiry. It says that "all funds for educational purposes." The state may have some funds set apart for a university. Now under this section would not that fund have to be applied for the "benefit of the public schools." Mr. FOX. I move that Sec. 7 be stricken out. Mr. CHAIRMAN. The question is on the motion of the gentleman from Laramie, Mr. Rinor, to strike out the word "sacred." All in favor of the motion will say aye; contrary no. The ayes have it; the motion is carried. Mr. BAXTER. I move to strike out in the seventh lino the last four words and insert "or of the United States." 1 think bringing in the word "securities" so many times makes the sentence awkward. Mr. CHAIRMAN. Gentlemen, you have heard the motion. All in favor of the motion will say aye; those opposed no. The ayes have it ; the motion is carried. PROCEEDINGS AND DEBATES. 735 (Beading of Sec. 8.) Mr. BROWN. I call the attention of the committee to the fact that the word "funds" refers to two or three different fund& while ,the intuition of the section is to refer to the- funds in the preceding section. I therefore move to amend by inserting the words "in the preceding section." Mr. CHAIRMAN. You have heard the motion. All in fa- vor of the amendment will say aye; contrary no. The ayes have it; the motion prevails. Mr. GRANT. I move to strike out, in the third line ''school district" and insert "county." Mr. CHAIRMAN. Are you ready for the question? All in favor of the motion will say aye ; contrary no. The ayes have it; the motion is carried. Mr. BROWN. I move to insert in line one of Sec. 7, in place of the word "educational" the words "qublic school pur- poses.^ Mr. HOYT. Second the motion. Mr. CHAIRMAN. You have heard the motion. Are you roady for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the motion prevails. (Reading of Sec. 9.) Mr. JOHNSON. I move to strike out the word "five" and insert "three." To have it five would work a great hardship in some of the outside districts. Mr. CHAIRMAN. You have heard the motion. Are yon ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the motion is carried. Mr. BURRITT. After the word "age" I move to insert "actually in attendance and enrolled." If I can get a second I will explain. Mr. REED. Second the motion. Mr. BURRITT. I make this amendment by -reason of a lit- tle experience (I had as superintendent of public schools in my county. The number of school children returned to me as su- perintendent of public schools made me open my eyes. I care- fully examined the law, and being satisfied that there was no such number of children in school, and after taking . advice, I found I could do nothing but apportion the, money to them r and I made the apportionment, but at the same time sent them by registered mail a notice that any false return that had been made by the board of trustees might get the school board into trouble, and I found that they had made their report, send- ing in the names of every person between thejschool agos, in that district, whether they attended school or not. The re- sult was that a district where about twelve children went to school they had about four hundred and seventy as I remem- ber it. I went over there and personally investigated the mat- ter, and found that they had included in that list a large nuin- 734 CONSTITUTIONAL CONVENTION. ber of cowboys on the range. Now I think it should be dis tributed among the counties in accordance with the number of children actually in attendance. Mr. SUTHERLAND. I would like to speak just a moment We have got a school district in Albany county, two families support it, and if you would only allow us for the children that actually go to school we would have to shut up the school, and deprive the children up there of any chance to go to school at all, and for that reason I would rather see it as it stands. Mr. BROWN. I generally agree with my friend from John- son, because he is very clear headed, but I cannot agree with him in this. I think that thelre is but one way to apportion this money among the schools, and that is the way provided by this section. If you change as suggested you hold out this inducement. In order for a county to get more than its fair proportion of school money, this plan might be adopted : Peo- ple who are not entitled to school money because of their non- attendance would go into school for a single day, and enroll as members, of the school, and never again go into the school, and they would go for the very purpose of seeming the school money. In some, districts you might find that it worked to great advantage to the interest of a single county. Now in dis- tributing this money as between counties, and that is. the prop- osition here, what reason can there be against the theory of counting every person of school age in the county. What o,b- objection to this method is there? We have, by law, now a way of ascertaining the age of every person in the county who is entitled to it; our assessors are required to incorporate this in his report. And if such system is continued we will have some reasonable method of ascertaining the number of schol- ars who may draw money, and have some data upon which to act in distributing money, and it seems to me the much better method, and the only one that can be fairly adopted. Mr. BURRITT. I would like to say to Judge Brown that there are six hundred children in the public schools of Chey- enne, right over there there are two or three hundred, certain- ly a hundred and fifty. Now if this is carried out in the way planned hero, we in Johnson county who are attempting to sup- port the public schools up there, will not have as much money per capita for the support of our schools, according to the num- ber of children in them, as will the city of Cheyenne. I ac- knowledge, Mr. Chairman, they would be on the opposite side of the position J take in the city of Laramie and in the city of Cheyenne, where large private schools are maintained, and reduces the general per capita school tax for the support of the public schools, but I insist that it works an injustice where we have such private schools, having a large number in at- tendance, and if the state is to have a compulsory educational clause as it is, it seems to me the method suggested by me is PROCEEDINGS AND DEBATES. the only equitable one to divide the public money's equally among the children of the public schools. Mr. BROWN. Would the* gentleman wish to deprive the children in the territory of their fair proportion of the public moneys, whether they go to school or not? Mr. BURRITT. I don't go much on these outside schools. If the people want to send their children to outside schools let them pay for it, and not take our money away. Mr. SMITH. What, the geoitleman from Johnson says is probably true, but I fail to, see the force of any argument in it. Suppose they do have private schools, it is the people who live here who support thesq schools, and the others have the benefit, for they get more for their schools, but still the money comes to their district. I don't see how you can improve on the method provided here; it may sometimes work hardship. Now in fact it would injure the larger school if we were to distribute it in proportion to the average attendance, but I don't think it would be fair. Now in our county Rawlins gets about ninety per cent of what Carbon gets, they maintain their schools with two teachers, and the teachers have no more scholars than w T e have. They make it their business there to see that every scholar they can get hold of gets to their school at least half a day to get on the roll. It seems to me as if every person made it their business to secure every scholar there is in the district, so they show a large percentage, our average attendance is just as good as theirs, but they keep theirs up by watching it. The teacher makes his report, and the superintendent makes his apportionment accordingly, and I admit it works some hardship occasionally. Mr. BURRITT. I withdraw my amendment. We are standing in our own road. We will send and register all our cowboys and the jlndians and soldiers on tho Fort McKinney reservation, and we will get our share of the money. Mr. JEFFREY. I have always been of the opinion that this matter of the apportionment of school money properly bo- longs to the legislature, and the discussion here this morning tends further to prove it. It is very easy to repeal a statute, but a hard matter to change a constitution, and as the mem- bers of this convention very widely differ in their opinions on this mattery I move to strike oat all after the word "'county-' in the second line down to and including the word "each" in the third line, because I ; believe the proper course to pur- sue is to leave/ it to the legislature. Mr. MORGAN. On Behalf of the committee I would like to say that this question was very carefully considered, and the committeo deemed it wise to insert this clause as it reads, and I believe it ought to stand as it reads. We have a compnl- sory school law in this territory that every child must go to school. NOAV we must provide for every child whether they 736 CONSTITUTIONAL CONVENTION. attend or not. The argument of private school don't cut any figure; in time no one may attend these private schools; they may have all come out and want to go to the public schools. All* of the age that must attend must be provided for by law, and why not determine! it right here, and it seems to me that this section properly disposes of the matter. Mr. HOLDEN. I hope the amendment as suggested by Mr. Jeffrey will prevail for this reason. Under our statute as it now 7 stands the superintendents of public instruction are re- quired first in making their apportionment to apportion one hundred and fifty dollars to each district in the county, and the balance of the fund can then be apportioned pro rata accord- ing to the average daily attendance. Now if this section is left as it is now, it seems to me this provision of the legisla- ture which they wisely made for the maintenance and protec- tion of the weaker districts, would be rendered impossible, and under the proposed distribution it would give some of the smaller districts less than $100, and on that they could not maintain a public school. Mr. COFFEEN. I am opposed to the amendment to strike out for this reason. You will leave the distribution of quite a large fund to the legislature, to the bias and prejudice that may prevail there, and I do not approve of that. The state will be liable to suffer more or less injustice in this matter unless you keep the distribution of this fund as provided in this arti- cle; that takes it out of the power of the legislature, for any local or any other reasons, to vary it from the number of chil- dren of school age. I think you will all admit that it is more equitable and safer than to leave it open. I believe it i about right as it is, and shall oppose the motion to strike out. Mr. HOYT. I will just say that that point was carefully considered by the committee. Mr. CHAIRMAN. The Question is on the motion of Mr. Jeffrey to strike out the words "according to the number ot children of school age in each." Are you ready for the ques- tion? All in favor of the motion will say aye; contrary no. The noes have it; the motion is lost. (Reading of Sec. 10.) Mr. SOTTH. I move- to insert the word "such" be-fore the word "further." Mr. 'CHAIRMAN. It is moved to insert the word "suclr' before the word ''further" in the first line. Are you ready for the question? All in favor of the motion w r ill say aye; contrary no. The aye$ have it; the motion prevails. Any further amendments to Sec. 10? The secretary will read Sec. 11. Any objection to Sec. 11? The chair hears none. Sec. 12 will be read. (Reading of Sec. 12.) PROCEEDINGS AND DEBATES. 737 Mr. TESCHEMACHER. I would like to ask what tliat means. Mr. POTTEE. I will explain that. It won't do to let the territory nor the superintendent of public instruction prescribe text books. I venture to say there is no more corruption than that which is caused where the prescribing of text books is left to the legislature. This matter has been very fully dis- cussed throughout all the states, especially in his own state the gentleman will find that this question has given rise to a great deal of discussion. Mr. CHAIRMAN. Is there objection to Sec. 12 ? The chair hears none. (Reading of Sec. 13.) Is there objection to Sec. 13? No objection. Sec. 14 will be read. (Reading of Soc. 14.) Mr. HOYT. I will say that this section was approved and printed by the committee before the report had been made by the committee on public lands. Since that report came in I sep- they use the words "land commissioners" instead of "board of public lands.'" It will be necessary to make them conform. I therefore move that this section be made to conform, so far as the title is concerned, to the section contained in the article on public lands. Mr. FOX. I move the words "stafle treasurer" be stricken out. Mr. POTTER. I was going to suggest that as the public lands report is before us, although it has not been reached yet, as we don't want any confusion in these two bills, it strikes me it would be best to refer them to a joint committee, com- posed of the two committees, in order that they may be made to conform, and if necessary this matter be embraced in one section. Mr. HOYT. Could not the revision committee attend to that? Mr. GRANT. I move to amend by striking out the word "governor" instead of ''state treasurer." Mr. HOYT. Is not this the organization contained in the article on public lands? Mr. GRANT. My object is to make them conform. Mr. COFFEEN. I second the motion but for a little differ- ent reason. It is this. The state treasurer is the official who would, I take, it, be more interested in rushing the sale of the public lands, more so at least than any of the other three per- sons, and therefore I would retain the governor. My own con- viction is that the land ought, as nearly as practicable, be held in perpetuity, and not disposed of hastily. I would ratlier the public school lands be held for twenty years, and by that time the state will see that the true policy is not to dispose of them 47 738 CONSTITUTIONAL CONVENTION. at all. I should favor leasing our lands and not sell them ait all. I just bring this up that the gentleman may think of it when we come to it. Mr. CHAIRMAN. The question is on the motion to strike out" the word "governor." Are you ready for the question? All in favor of the motion will say aye; contrary no. The noes have it; the motion to strike out is lost. The question is now on the motion to strike out the word "state" treasurer.'' Are you ready for the question? All those in favor of the motion will say aye; contrary no. The chair is in doubt. All in favor of the motion will rise and stand until counted 9. Those op- posed will rise and stand 11. The motion is lost. Any furth- er amendments? Mr. HOYT. I move that the revision committee be author- ized to make Sec. 14 of this file conform to the section regard- ing the same subject contained in the article on public lands. Mr. BROWN. Is that not one of the duties of the revision commit tee to look after just such things as this and make them conform? jl see no use of authorizing them to do this thing, when they already have that authority. Mr. CHAIRMAN. Sec. 15 will be read. Is there any objec- tion to Sec. 15 ? The chair hears none. Sec. 16 will be read. (Reading of Sec. 16.) Mr. CLARK. I offer the following as a substitute for Sec. 16 of the printed bill: "The establishment of the university of Wvomino- is hereby confirmed, and said institution with its several departments is hereby declared to be the university of Wyoming. All lands which may hereafter be granted by con- gress unto the university as such, or in aid of the instruction to be given in any of its departments, with all other grants, donations or devises for said university, or for any of its depart- ments, 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 board of public lands, but may not be sold on terms not approved by congress, nor to any one person, company or corporation, in quantities exceeding 640 acres." Now, Mr. Chairman, the only changes made in the section is, first, the change as to the permanent location of the univer- sity, a change as to the grants of the United States, and the changes in the last clause, which really means nothing as it stands in the printed bill, "they shall be disposed of to no per- son in subdivisions exceeding 640 acres," which -neans nothing, because under our laws there are no subdivisions of 640 acres. Now in regard to the first part of the section, I am willing that the establishment of the university as a fact in the educa- tional system of our territory should be conceded. But I am not willing, and I would not vote for any proposition that perma- nently locates a public building or institution in any one place. PROCEEDINGS AND DEBATES. 739 I am not in favor of locating the university at 'La-ramie City forever, any more than I am in favor of permanently locating the capital at Cheyenne forever, or the insane asylum at Evans- ton forever. Now in regard to the next place where the substitute dif- IVrs from the printed bill. "All rights, franchises, immunities and endowments heretofore granted or conferred are hereby perpetuated unto said university." I am firmly of the opinion, after looking up the law this morning, that if that is. passed, no matter what may be the needs of the university, no matter what the wealth and assessable property of this territory, there will be absolutely requiped to be collected and paid into the treasury a tax of one-half a mill on the dollar on the assessed valuation of the territory. I may be mistaken, but I believe un- der the term "endowment" comes this tax. 'In the original law providing for the establishment of a university, which is Sec. 3, 716, is the following: "To provide an income for such univer- sity, there shall be assessed upon all the taxable property of the territory, in each year after the passage of this chapter, a tax of one-fourth of a mill, on each and every dollar of the as- sessed valuation of such property." If that is not an endow- ment, I don't know what it is. There shall be levied a tax ot so much, that moans there is an endowment of a quarter of a mill on every dollar of assessable property in Wyoming terri- toiy. The last session of the legislature amended that. It was not merely an appropriation bill, granting so much, but it is a direct amendment to this original Sec. 3,716. It is found in ,Sec. 35, page 62, of the session laws of 1888. Sec. 3,716 (which I have just read) of the revised statutes is hereby amended and re-enacted so as to read as follows: "Sec. 3,716. To provide an income for such university there shall be assessed upon all tax- able property in the territory, in eacli year, a tax of one-hair of a mill on each and every dollar of the assessed valuation of such property, Avhich tax shall be levied, collected and paid to the territorial treasurer in the manner provided by law for the levy, collection and payment of other territorial taxes." So I fear if we adopt this section we may get into trouble, and it will be something we may regret in the future. I believe in the good sense of the people of Wyoming, it has been settled so far as educational matters are concerned, in providing for the beautiful university, and in the providing for a tax for the sup- port of that university. As a state, this university will have a large income, a larger income perhaps than the territory itself, from the use of its school lands, and the further provision in this bill that the legislature shall provide for any deficiency that may exist, it seems to me according to my construction of the word endowment that this would have the effect of mak- ing that one-quarter or one-half of a mill tax permanent, no matter what the needs may be. CONSTITUTIONAL CONVENTION. Mr. GRANT. Not to exceed one section of land, would not that be sound? Mr. HOYT. I feel I may consider myself authorized by all members of the committee to say that the committee in draft- ing this section had no intention of perpetuating a fixed tax, a tax of any particular amount, to the university, as one of its funds and resources, and I do not think that the language used would involve that. Mr. POTTER. I agree with the chairman that it was not the intention of the committee. Mr. COFFEEN. In view of the statements of the last two gentlemen it would seem that there is no serious objection on their part to making it certain that this will not be made perpetual. I am in favor of the amendment as proposed; I think it is necessary for all the three points that he named. First, we will be sure this tax is not made perpetual; second, that it will not permanently locate the university, not that I think that anybody at present desires to move it, but it would be safer and better not to bind ourselves unnecessarily, third, the change in the language of the last clause makes the sense much better, and makes three good reasons for favoring the substitute offered by Mr. Clark. Mr. CLARK. My attention has been called to the fact that there has already been a grant of seventy-two sections to this university, and I threfore desire to insert after the word "which" in the eighth line "or lands which have hereto^ fore been granted." Mr. BAXTER. I move to amend the substitute by strik- ing out the last part of the last sentence. I don't see w r hy we should put a limit on it. If you will realize more by selling to one man, what is the objection to one man's acquiring more than 640 acres? I don't see any use in putting that restriction upon it. 'Mr. CHAIRMAN. The question is upon the amendment to the substitute Are you ready for the question? Moved to- strike out the last part of the last sentence. As many as fa- vor the amendment will say aye; contrary no. The chair is in doubt. As many as favor the amendment will rise and stand', until counted 15, Those opposed will rise 7. In the nega- tive. The motion is carried. The question is upon the adoption of the substitute as amended. Mr. BROWN. The only objection that I have to the pro- posed amendment is that is puts the university on wheels, to- be wheeled around anywhere they may please at any time, I am opposed to the amendment for that reason, and I simply say to some of these gentlemen that if they propose to put these buildings on wheels it may prove a boomerang to some of them. PROCEEDINGS AND DEBATES. 741 Mr. POTTER. I don't believe in putting it on wheels, but if the majority of the convention don't want to make it per- petual, they can make the location as established for a certain term of years> and let it be changed on a vote of the people. Mr. PRESTON. I am in favor of this amendment for the reason that I think it is a good idea to put these buildings on wheels. When we become a state we want, to wheel them up into the central part of the state. Therefore I am in favor ot the amendment. Mr. RINER, I am of the opinion that the location of these public buildings should come in a separate section. I no- tice there is always a separate article on the location of pub- lic buildings and state institutions, and are generally in this form. It provides they shall be located at the place at which they are located at the adoption of the constitution for a cer- tain term of years, which in the judgment of the convention can be fixed at any term, and that afterwards they may be changed upon a vote of the pepple. That, it seems to me, is a fair proposition. I therefore favor Mr. Clark's amendment. I take it that the committee on schedule have provided that the location of these public buildings shall only be. changed after a proper term of years by vote of the people. That is where it belongs, and has no place here. I think all these in- stitutions should be located w T here they are now located for a certain term of years. We don't want that question submitted until we are able, and the interests of Wyoming w r arrant the change. Then it will be submitted after a certain term of years to a vote of the people. I don't believe the university will ever be changed, but I agrefe with Mr. Clark that it is not right for this convention to seek to locate any public institution ex- cept for a term of years, and after that let it be submitted to the people, and if they want to change it they can do so. They can corsider any question of expe'nse, and their taxable re- sources, and if they see fit to make the change they can do it. Mr. BROW T N. The schedule does not provide for any of these things. It might w- ell do so, and d think should properly contain such provisions, but inasmuch as this leaves the entire matter open if we adopt this section as now proposed, it places practically the university upon wheels, whatever it may do to the other institutions. The sentiment expressed by Mr. Riner coincides exactly with my own view r s upon this question, and I think that these institutions should be located for a term of years, and should never be moved except upon a vote of the peo- ple, and I think this should be so as to the capital, as to the university or any of these public buildings or institutions that have been established by law. Now if it is the scftise of the convention to place these things in the schedule, I am satisfied with that, but I am not satisfied that these things should be 742 CONSTITUTIONAL CONVENTION. left open to come into future sessions of the legislature for the next ten years, to be matters of log rolling. Mr. RIXER. I think it is the sense of this convention that these things go into the schedule, there can be no reasonable objection to that that I can see. Mr. JEFFREY. By way of explanation concerning that schedule, I will say that the idea of the committe on schedule was that that would be provided for under a separate heading of state institutions. We found that was the customary way of doing it, and that is why it was omitted. Mr. HOYT. I merely desire to say that the Committee in drafting this followed the form which they found in some constitutions locating or confirming the loca.rion of the univer- sity, where it happened to be a provision of the constitution, and as to the matter of fixing or saying anything about the location of public buildings, the committee on education were of the opinion that that subject would be dealt with, and more properly, by the committee on schedule, and so loft it out. Mr. POTTER I move this be referred to the committee on public buildings. Mr. CHAIRMAN. Gentlemen, you have heard the motion. All in favor of so referring Sec. 16 will say aye; contrary no. The ayes have it; the motion prevails. Sec. 17 will be read. (Reading of Sec. 17.) Mr. BURRITT. I move to strike out from lines five and six the words "as the crowning educational institution of the state." Mr. Chairman, I move to strike this out not for the reason that I hope it will not be the crowning educational in- stitution of the state, but because very likely it may not be. A private university more heavily endowed than the state uni- versity might be able to get ahead of it. Mr. CHAIRMAN. Gentlemen, you have heard the motion. All in favor of the amendment will say aye; contrary no. The chair is in doubt. As many as favor the amendment will rise and stand until counted 15. Those opposed will rise 8. The motion is carried. Any further amendments? Mr. BROWN. I move to strike out "both sexes, irrespec- tive of race or color." I don't believe there is any sense in en- croaching on the color line. Leave those terms out, and it don't exclude anybody. Mr. HOYT. The question has sometimes been brought up about the propriety of admitting colored citizens, and we want ed to put that beyond all question by putting it in here, as it has not been covered in any other place. Mr. CHAIRMAN. As many as favor the amendment will say aye; contrary no. The chair is in doubt. As many as fa- vor of the amendment will rise and stand until counted 14. Those opposed will rise 1G. In the negative. The motion is lost. PROCEEDINGS AND DEBATES. 743 (Beading of Sec. 18.) Mr. BURRITT. I don't see why trustees should serve as university regents without receiving some compensation, and I think that can be left to the legislature. At such time as the state is able to pay the regents a fair compensation for taking this trouble, a fair provision can be made for it, and I think it should be left to the legislature. The governor will appoint some trustees from distant parts of the territory, who may have to be absent from their business a long time to at- tend to their duties, and they should have "some compensation, and I think that matter should be left to the legislature. Mr. BAXTER. I don't like the beginning of the sentence. I move to amend by striking that out and saying "the legisla- ture shall provide for the management, etc., by a board of trus- tees," Mr. RINER. Second the motion. Mr. CHAIRMAN. Gentlemen, you have heard the motion. Are you ready for the question ? All in favor of the amendment offered by the gentleman from Laraniie, Mr. Baxter, will say aye; contrary no. The ayes have it; the amendment prevails. Mr. JOHNSTON. I move to strike out in the second line the word ''seven' and insert "five." My reason for doing so is that these men will probably be appointed from distant parts of the territrory, and it would be harder to get a quorum with seven than five. Mr. HAY. Strike out consisting of seven members and leave it all to the legislature. Mr. BROWN. I believe that the number of the board as fixed now is a,s wisely done as it can well be. You will find this certain, no mater how the number of the board may be in- creased or decreased, the board is compelled to meet as often as once a month, and often times meets three or four times a month to attend to the necessary affairs of the university, and to call men from different parts of tjie territory as often as they are compelled to meet, would be an unw r ise thing and could not be done. Now however your board is constituted, you will have to have a majority of the trustees appointed from sections so near the seat of the university as to enable a quorum to meet there at any time for the transaction of the necessary business of the university. I believe as it is fixed now it is wisely done. It may be well to trust it to the legisla- ture how r ever. Mr. HOYT. I will simply state I know of no institution of this kind in the country where the board of trustees consists k)f a less number than seven. This is the least number of which I have any knowledge, and I confirm what has been said by- Judge Brown' on the matter of having the board at least con- sist of seven. 744 CONSTITUTIONAL CONVENTION. Mr. COFFEEN. I wish, simply to express the hope that this will not prevail. I believe seven to bo the better? number for the reason stated, and I would add no number to touch the efficiency of the board as fixed and reported by the com- mittee in charge, unless there is some grave reason for chang- ing it, Mr. HAY. I had no desire to effect the efficiency of the board, but it seems to me its efficiency would be better secured by leaving it to the legislature, instead of fixing a number here. Mr. CHAIRMAN. The question is on the motion to strike out 'seven." As many as favor the amendment will say aye; contrary no. The chair is in doubt. As many as favor the amendment will rise 12. Those opposed will rise 1G. In the negative. The motion is lost. Mr. HOPKINS. I would like to make an amendment in this way. I believe that the president of the university and superintendent of public instruction should be members ot this board of trustees. I believe they should be active mem- bers of that board, and I should like to make an amendment so as to cover that ground. Mr. BROWN. I would suggest an objection to that. As this will stand the governor appoints three trustees. Now it the president and superintendent of schools are to be made trus- tees, they would have to be appointed by the governor, and we don't want to put the control in the hands of the governor. I think the proposition is just right as it is, and will serve the state in the best w^ay. . Mr. CHAPLIN. I move to strike out the last sentence. Mr. CHAIRMAN. Gentlemen, you have heard the motion to strike out the last sentence. All in favor of the motion will say aye; contrary no. The ayes have it; the motion is carried. Mr. BAXTER. I voted in the affimative to strike out the number "seven," so I believe I am in a position, to move a re- consideration. If some gentleman would Be kind enough to second the motion I will, I believe, be able to show why it should be fixed at a much larger number. I formerly lived in a section where the university that was handsomely endowed was almost broken down by being without sufficient trustees or regents, as they call them there, and it finally got to a pass so that the legislature had to increase that number to twenty or twenty-five, and 'it came about in this way. There it just happened that the men who were filling these positions had somebody that had to have a living (and while it is not fair to suppose that such a condition of affairs is going to come about here, or that our trustees will be governed by any such con- siderations), I know that in the university of Tennessee it did come about, a few r incompetents were placed on the faculty because of the relations they bore to the board of trustees, and the university lost standing which it took twenty years to PROCEEDINGS AND DEBATES. -745 recover. My idea is this, they should not be paid anything, "but that they should meet once a year and give such attention to the affairs of the university as might be needed. Leaving the control of the faculty under such restrictions as they might prescribe. I believe if you are going to fix the number at all, you should fix it much larger. I don't see why the ordinary routine of the university should not be left to this faculty. Mr. BROWN. I want to make a suggest ton to those who have tliis matter in charge. My idea of this whole business is this. That the financial affairs of the university ought to be undor the control of a board of trustees, and their entire du- ties and connection with the university should be limited to the care of its property, and its financial affairs. That there should be constituted, outside of the board of trustees, a board of regents, whose duty it should be to generally look after the welfare of the university as an institution of learning, and controlling its corps of principals, and all that sort of thing. That should be their part of the work, and they should not be controlled by the board of trustees. Mr. BAXTER. I would suggest that instead of having twu boards, that you have a larger board of trustees, and they might designate an executive committee out of their owa num- ber, and delegate to them certain powers. Mr. COFFEEN. In lieu of the recommendations that have beon presented, I move after the words "consisting of be in- serted the words "not less than." Mr. RINER. I move that this committee rise and report and asl>; leave to sit again. Mr. CHAIRMAN. Gentlemen, you have heard the motion. Are you ready for the question? All in favor of the motion that this committee now rise and report will say aye; con- trary no. The ayes have it; the committee will now rise. Mr. President: Your committee of the whole, having had undor considera- tion substitute for Files 50, 28 and 8, report progress and ask leave to sit again. H. S. ELLJOTT, Chairman. Mr. PRESIDENT. What will you do with the report of TOUT committee, gentleman? Mr. TUJRRITT. I move it be adopted. Mr. PRESIDENT. Gentlemen, you have heard the motion. Are you ready for the question? All in favor of the motion -will say aye; contrary no. The ayes have it; the report of the committee of the whole is adopted. Mr. RINER. I move AVC take a recss until 2 o'clock. Mr. PRESIDENT. Gentlemen, you have heard the motion. Are you ready for the question? All in favor of the motion will say aye ; contrary no. The ayes have it ; the convention take a recess until 2 o'clock. 74 6 CONSTITUTIONAL CONVENTION. AFTERNOON SESSION. Thursday afternoon, Sept. 2(>th. 'Mr. CHAIRMAN. The gentlemen of the convention win resume their seats. At the hour of adjournment we \vere con- sidering the general file. The action of the convention upon the report of^the committee was to the effect that we would be permitted to sit again on the file. Mr. HAY. I have a report which I want to present; a re- port of Committee No. 15. Mr. FOX. \L move we now go into committee of the whole for consideration of the general file. Mr. HOYT. Second the motion. Mr. PRESIDENT. It is moved that we now go into com- mittee of the whole for consideration of the general file. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the motion prevails. Will Mr. Elliott take the chair? Gentlemen, w^e are now in committee of the \vhole, Mr. Elliott in the chair. Mr. CHAIRMAN. When the committee arose, gentle- men, it was on the point of considering the motion of the gen- tleman from Laramie, Mr. Baxtefr, to reconsider the vote by your committee, on the motion to strike out "consisting of sev- en members." Shall the vote by which the committee refused to strike out be reconsidered? As many as favor the motion will say aye; contrary no. The noes ha,ve it; the motion is lost. Mr. COFFEEN. I will now offer the amendment that 1 did heretofore "consisting of not less than." Mr. HOYT. I have a suggestion to make which might be taken into consideration with that; to add after the word "members," who shall have authority to appoint an executive committee of their own number to have charge of the univer- sity." If the legislature saw fit to enlarge the number it would be unnecessary to have any executive committee. Mr. CHAIRMAN. Gentjemen, it is moved to insert be- tween the words "of" and "seven" the words "not less than."" Are you ready for the question? All in favor of the amend- ment will say aye; contrary no. The ayes have it; the motion prevails. Mr. COFFEEN. I just wish to make one general comment. I believe that power is held now by the board to authorize a certain portion of it to act for it. Mr. HAY. d want to ask the indulgence of the committee* just a moment. Committee No. 15, on salaries of public offi- cers, want to make a report, and would like to have it print- ed, so it can come before the convention tomorrow. Mr. RINER. I move that this committee rise and report progress and ask leave to sit again. PROCEEDINGS AND DEBATES. 747 Mr. CHAIRMAN. Gentlemen, you have heard the motion. Are .you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the motion pre- vails. The committee will now rise. Mr. President: Your committee of the whole, having under consideration substitute for Files No , report progress and beg leave to sit again. H. S. ELLIOTT, Chairman. Mr. PRESIDENT. What will you do with the report of your committee, gentlemen? Mr. COFFEEN. I move the report be adopted. Mr. PRESIDENT. It is moved that the report be adopted. All in favor of the motion will say aye; contrary no. The ayes have it; the report is adopted. Mr. HAY. I should have included this motion to print, when I asked permission to present the report before. Mr. PRESIDENT. Is there objection to the report being received at this time? The chair hears none. The secretary will road the report. (Reading of report of committee No. 15.) Mr. PRESIDENT. What will you do with the report of your committee, gentlemen? Mr. GRANT. I understand there is a minority report. 1 move that both be ordered printed. Mr. PRESIDENT. The question is on the printing of the majority and minority reports of Committee No. 15. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the motion to print pre- vails. Any further reports? Mr. FOX. I move we now go into committee of the whole fr consideration of the general file. Mr. PRESIDENT. The convention, unless there is objec- tion, will go into committee of the whole by unanimous con- 'sent, for consideration of the general file, Mr. Elliott in the chair. Mr. BROWN. In looking at this section I find the follow- ing words: "The duties and powers of the trustees shall be prescribed by law." This leaves it for The legislature to limit their powers, to increase them, or anything else, and covers entirely the proposition which Governor Hovt was about to offer. Mr. CHAIRMAN. If there is no objection the amendment will be withdraw]i. Mr. BROWN. J move to strike out all of the words of the section after the word "senate'' in the sixth line. Mr. BURRITT. Second the motion. Mr. CHAIRMAN. It is moved to strike out the words "whose duties and powers" shall be prescribed by law. All 74 s CONSTITUTIONAL CONVENTION. in favor of the motion will say aye; contrary no. The ayes have it; the motion to amend prevails. Any further amend- ments to Sec. 17? If not Sec. 18 will be read. (Reading of Sec. 18.) Mr. FOX. I move to amend by striking out all after the word "prescribe" in the third line. Mr. HARVEY. Second the motion. Mr. HOYT. This provision was incorporated by the busi- ness members of the committee, who had knowledge of insti- tutions of just this kind, which have been managed in like manner with very great economy. These institutions often cost a great deal, on account of the expense attending the management of them, by separate trustees. We are going to have a penitentiary and deaf and dumb asylum, and they will involve a large, expensive management, and we must think of these things. There are always unselfish persons ready to give their services to the state, and w r ho devote a good deal of time to it, and can be retained from time to time. This has been done very successfully in other states and I think it would be well to put this in. Mr. CHAIRMAN. Are you ready for the question? All in favor of the motion to strike out will say aye; contrary no. The noes have it; the motion to strike out is lost. Mr. JOHNSTON. I move to strike out all after the words "and reform" in the fourth line, leaving it to the legislature to designate the number, and leave the last line in, "and whose duties and powers shall be prescribed by law." Mr. CHAIRMAN. Oentlemen, you have heard the motion. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the motion to strike out prevails. (Reading of Sec. 2.) Mr. FOX. I move to strike out the words "in Sec. 1" and insert "in the preceding section." Mr. GRANT. That is a matter for the revision committee to fix. Mr. COFFEEN. Jf there is no objection I move to strike out in line five the words "Sec. 1" and insert in lieu thereot "the next preceding section.' Mr. HOPKINS. I move to amend by saying the "last pre- ceding section." Mr. CHAIRMAN. Gentlemen, you have heard the motion. Are you ready for the Question? All in favor of the motion i\ill say aye; contrary no. The ayes have it; the motion pre- vails. (Reading of Sec. 1, health and public morals.) Mr. CHAIRMAN. Any amendments to the section as read? Mi\ CAMPBELL. I think the first part of this is merely introductory, and I therefore move to strike it out. PROCEEDINGS AND DEBATES. Mr. HOYT. It was thought that it might be well to put that in, it gives a high moral tone to it, and there is no harm in it. Mr. CHAIRMAN. Is there a second to the motion to strike out? The chair hears none. (.Reading of Sec. 1, public buildings.) Mr. GRANT. I move to insert "and other property." Mr. CHAIRMAN. Gentlemen, you have heard the motion. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the motion to in- sert prevails. (Reading of Sec. 2.) Mr. CHAIRMAN. Any amendments to Sec. 2? Mr. FOX. I move when this committee arise it report back the substitute for Files 59, 28 and 8, with the recomi'ien- dation that it do pass. Mr. CHAIRMAN. Gentlemen, you have heard the motion. Are you ready for the question? All in favor of the motion that when this committee arise it report back the substi- tute for Files 59, 28 and 8, with the recommendation that it bo adopted as a part of the constitution of the state, will say aye; contrary no. The ayes have it; the motion prevails. The next thing on the general file is File No. 8<>, public lands and donations. (Reading of File 86.) Mr. COFFEEN. This I think cannot be too carefully con- sidered, and in order to get it before the committee I will offer an amendment. In line five after the word ''donations" insert the words "after the expiration of fifteen years," and change the word "shall" to "may." Mr. TESCHEMACHER. Second the motion. Mr. CU AIRMAN. Gentlemen, you have heard the motion. Are you ready for the question? Mr. COFFEEN. I don't wish to discuss this question. I fear too little thought has been given to it, and I do not know that my amendment will cany, but I believe it is wisest to withold. these lands from sale. For myself, I am convinced it will be better to hold them perpetually, but they should be held at least for fifteen years, and I believe the soundness of my amendment will be vindicated by that time. I see no rea- son why lands which will become valuable in the future should be disposed of by the state, when the rental will amount to more than the proceeds from the sale af these lands. I know it is argued that it sometimes becomes a matter of great com- plication to take care of the lands of the state, and yet in more states than one think of the jrreat revenues that are derived from the reserved lands of the statfe. In the state of New York they derive an immense revenue from thorn, it requires a jrreat number of men to take care of them. Let us consider CONSTITUTIONAL CONVENTION. this matter carefully, in fifteen years these lands will be worth much more than they are today, and by that time it may be found advisable to preserve these lands in perpetuity, and de- rive an income from them, Mr. CHAIRMAN. Any further remarks? Mr. FOX. Mr. Chairman. Mr. CHAIRMAN. The gentleman from Albany, Mr. Fox. Mr. FOX. The committee on public lands considered this Question, but there are some reasons why it should not be adopted. There is a proposition in this senate bill that we will come in under, that gives us certain lands for a certain purpose, and among these lands is one hundred thousand acres for a scientific school, a hundred thousand acres for state normal schools, and a certain amount for penal and reforma- tory institutions, such as the state may soe fit to establish.. It may be necessary that we should derive the proceeds from the sale of these lands for these institutions. Amongst these are seventy-five sections of land for the erection of a state cap- itol, that can be applied in case we should need to build a new capitol in years to come and we won't need these lands after the capitol is ibuilt. We will need them in the erection of the capitol. For some of the other institutions we might need the money inside of fifteen years, and if that can be raised in- side of that tune, I think that is the way to raise it. I think it is not best to put this limitation upon it, Mr. JOHNSTON. Do I understand that this amendment would apply to the grants of arid lands to the state, if they should be made? Mr. FOX. "To the state of Wyoming. For the establish- ment and maintenance of a scientific school, one hundred thous- and acres; for state normal schools, one hundred thousand acres; for state charitable, educational and penal and reform- atory institutions, three hundred thousand acres. None of the lands granted by this act shall be sold for less than ten dol- lars per acre." Now then, these institutions, as I said before, we might build them inside of fifteen years. In fifteen years most of us will have passed from earth. I don't expert to be here by that time, and while we are making provisions for our posterity, if we can enjoy a little of it ourselves, let us have it. I tlhink the section as it is drawn up is better suited to the case than the amendment. Mr. HOPKINS. It strikes me there is little necessity for limitation as to time in this section of the bill. I believe that the price mentioned is sufficient. That must be the lowest price, and I don't think there is much danger of their selling ever. Mr. HOYT. I suppose it might be possible to induce con- gress to change that; reduce it so as to allow a sale at less than ten dollars. While I agree with the gentleman from PROCEEDINGS AND DEBATES. 751 Shqridan as to the importance and our duty to preserve and protect these lands intended for educational purposes so as to get the largest proceeds out of them, but it might be necessary in certain cases, as has been referred to, that; the lands so in- tended to be used, be sold and the proceeds applied to the con- struction of buildings. We should leave it so they can be dis- posed of if necessary. If it is found to be impossible to dispose of them at ten dollars an acre, congress might allow us to dis- pose of them for less than the price fixed. The price may be changed or diminished at some time in the future if there should be sufficient reason for it. But 1he lauds intended for the support of the -common and public schools and of the in- stitutions of learning, should be very carefully handled by the state, and kept from sale as long as possible. I know in my own state of Wisconsin 240,000 acres of land were given to that state for an agricultural college, and the legislature be- ing anxious to speculate to some extent upon these lands, pro- vided that they be put upon the market, and land worth fifty dollars an acre for the pine timber standing upon it, was sold fo^ $1.25 an acre, and gobbled up, much of it, by the very mem- bers who provided for the sale. We want to be very careful about this matter. Mr. JEFFREY. I want to vote understanding^ upon this question, and I presume it is the intention of this convention to proceed in all respects as far as possible in conformity with this senate bill, and I would like to ask one question. (I would like to know whether this convention can properly be consid- ered a,s part of the legislature of this state, and for this reason. Sec. 15 reads : "That the state of Wyoming shall not be entitl- ed to any further or other grants of land for any purpose than as expressly provided in this act. And the lands granted by this section shall be held, appropriated and disposed of ex- clusively for the purposes herein mentioned, in such manner as the legislature of the state may provide." I want to be clear upon that point, so I may vote understandingly upon this question. Mr. MORGAN. I think I understand that. This conven- tion can restrict the legislature, can prevent future legisla- tures from doing certain things. There is no difficulty about that. Mr. OOFFEEN. I think the gentleman from Ln ramie has properly istated the matter we are now discussing. There is no question in nay mind ibut what this motion to amend is consistent with the bill. The legislative powers are determin- n all states by the constitution. But I want to say a, word further. I really believe if you had time to think over this, if it were not for the rush we are now in to get through, that three-fourths of the members of this convention would be con- vinced of the wisdom of securing them at least as long as fif- 752 CONSTITUTIONAL CONVENTION teen years, and by that time we will know whether wo will want to dispose of them tfr not. Mr. MORGAN. It seems to me that it would be the better plan to divide these lands, and sell pail of them niy,v, and re- serve the other part. Mr. COFFEEN. I have thought of that. We might have a small per cent of them sold. Five hundred thousand acres are to be given to us in those grants. We will have an agricultural college somewhere in the territory, and we shall have to have buildings for that, and a portion of these lands would have to be sold for that purpose, but let us preserve a largo portion ot these lands at least, properly preserve them, and the income of which shall go to the support of these institutions. I appre- hend that it is not the dejsire of this convention to throw them onto the market hastily and to rid ourselves of them. One point further, though I do not care to raise it, the temptation that might come to the legislature, and because I speak upon these things I do not wish anyone to think that I have lost confidence in our legislature, because I have not, but the object of my bringing these things up is to make safeguards on behaif of the people, and one of the best, safeguards would be to pre- vent them from selling these lands for a term of fifteen years. Mr. TESCHEMACHER. Let us look at this from a' busi- ness point of view. How much of this land that we are going to get would we refuse ten dollars for today? Mr. HAY. I am opposed to any limit} hejre, and I think if there ever comes a time when these lands can be sold for ten dollars they ought to be sold. There may come a time when we can't get ten cents an acre for them. If there comes a tune when they can be sold for ten dollars they ought to be sold. Mr, COFFEEN. I don't wish to discuss this question any further than to ask will the lands granted to the territory ever bring more than ten dollars? Mr. BURRITT. If he can pick out one section on the pub- lic land grant that would bring ten dollars an acre I would like to see it. Mr. CAMPBELL. If these lands are sold for ten dollars an acre the man would have a good suit against the state on the ground of false representation as to their value. Mr. SMITH. I know of some lands that I would like to bu;, r for one hundred dollars an acre. Mr. CHAIRMAN. The question is on the motion to insert before the word "such" the words "after fifteen years.'' All in favor of the amendment will say aye; contrary no. The noes have it; the motion is lost. The question is now on the motion to strike out the word "shall" and insert the word "may." Are you ready for the question? All in favor of the motion will say aye; contrary no. The noes have it; the, motion is lost. PROCEEDINGS AND DEBATES. 753 Mr. CLARK. I have an amendment which I wish to offer to this section. That would more properly come in two amendments, and I want to state the object of the amend- ments before offering them. In the western part of the terri- tory a greait; many people have settled on these school lands, in some easels long before the government surveys were run. They 1 live there and they own improvements, on the land, and this amendment is offered for the protection of those who have made actual settlement and improvements upon these school lands, and is for the purpose of giving them a previous right to purchase. The amendment is this, and I offer the two as one: To insert after the word "bidder" in the sixth line the following: "After having been duly appraised by the land com- missioners at not less than three-fourths of the appraised value thereof." And after the word "acre" in the seventh line "provided, that in case of actual and boda fide settlement and improvement thereon at the time of the adoption of this con- stitution, such actual settler shall have the preference right to purchase the land whereon he may have settled, not ex- ceeding 160 acres, at a sum not less than the appraised value thereof, and in making such appraisement the value of the improvements shall not be taken into consideration." I will state that I am not at all particular what course is .taken to arrive at this rejsult, but I believe the result sought is a just one, and sthould be placed in here in some way in regard to, the regulations of the sale of public lands. Mr. CHAIRMAN. Gentlemen, you have heard the amend- ment. Are you ready for the question? All in favor of the amendment will say aye; contrary no. The ayes have it; tKe- amendment is adopted. The question is now on the latter part of the amendment offered by Mr. Clark. Are, you ready for the question? Mr. SMITH. I don't know as I quite caught the amend- ment when it was read, but I don't think it covers the ground. They should have the right to purchase immediately after the adoption of this constitution. Mr. CLARK. I go on the principle, Mr. Chairman, that not an acre of this land ought to be sold without an appraisement by the properly constituted authorities of some kind. Xo man, or body of men, ought to be allowed to sell these lands before they have been apprised, and j[ judged, on writing the amendment hurriedly, that the proper persons to make this ap- praisement would be the land commissioners, and if made and honestly made, then not an acre of the land ought to be sold for less than three-fourths of the appraised value, no matter whether it is worth five or ten, or five thousand dollars an acre, as it might be in Rawlins, at least three-fourths of the value ought to be realized, and I went on the assumption that many bona fide settlers, and they should be given the prefer- * 48 754 CONSTITUTIONAL CONVENTION. ence right to buy, but they should not be given the right to purchase at less than three-fourths of the appraised valua- tion, if it should be appraised they would probably be glad to pay the full value of the land. The intention of it is they can buy it at auction or private sale either. Mr. GRANT. I am heartily insympathy with Mr. Clark's proposition. In making- rules for the leasing of school lands we attempted in that to protect the settlers by giving them the preference, and I would like to see this carried out, so they can be fully protected, if we can get at it in the proper way. Gen- erally the man who settles on the school section is a poor man. He can afford to pay what the land is actually worth. The man who has land all around him may be able to pay for the pake of that land three times the value of the land, and what it is worth, and thus' freeze out the poor settler, or the man who has made a home. Mr. TESOHEMACHER I only wish to show from my own personal knowledge how this would work. Before this terri- tory was organized and before the land was surveyed at all, Mr. Hunton, an old resident of this territory, took up a home- stead claim on the Chug. When the land was surveyed his claim was found to be on Sec. 16, consequently it was school land. Mr. Hunton went to the land office and asked them if they would not allow him, under the law, to re- linquish that homestead and take up another. They re- fused to do it, having no right in the premises, they could not do it, so Mr. Hunton kept the land. He put his improvements there, he built his house there, and he lived there for ten or twelve years. The land on the Chugwater has increased some- what in value, and it has become quite a valuable place. When the government gave the right to lease these lands the county commissioners fixed the value of the land at thirty dol- lars an acre, which Mr. Hunton had to pay. He had his home there, he had built a fine house, and a fine stable, and ditches and improvements that had cost him his money, and it does not seem to me fair. That is a case that occurred in my own experience, and it might have occurred to a great many old settlers here, and although I understand that Mr. Grant wfll say this does not apply to school sections at all, it does not matter a bit in the application of the argument Some poor man today may have settled on unsurveyed land, may have set- tled on capitol building lands, or the other buildings they have appropriated land for, and it does not seem just that that man should be obliged to pay more than the actual value of the land. He has put in his time, his money, and why should another man come in and buy up all his improvements over his head? It seems to mo a plain case of injustice. Mr. HOLDEN. I think the state should be as generous in this matter as the United States has been. They provide by PROCEEDINGS AND DEBATES. 755 law where a party settled upon unsurveyed land that when this land shall be surveyed that the man who settled there be- fore the survey shall have the prior right to buy. jEn that case the settler has ninety days to perfect his entry, and it sedms to me the state should be as generous as, the United .States has been. Now, I know myself of quite a number of cases where parties ha,ve settled on school lands, sixteen or thirty-six years ago. They have made valuable improvements, some of them are of a character they could not remove, ir- rigating ditches for instance, and it seems to me that the board of appraisers should seek to make the value of these* land$ so that the party residing there should have the prior right to buy at that price. It would be an injustice to deprive these men of that right. Mr. HOYT. It is very dear that people who settle before the survey is made should be protected, but I think under the United States statutes persons, who go upon the school lands are treated as trespassers, and I have always understood that they had no special privileges. I am told that w r hen the lands which now constitute Indian reservations are thrown open for sale the persons occupying them have no privileges. I think there should be a distinction between those who \vent upon the lands without knowing they were school lands, and those who knew they w r ere. I think that the state is bound to "see that it gets the most it can out of these lands, but I think some deference should be paid to those who are already on them. Mr. HOLDEN. I would like to say that under the laws of the United States now in operation our territory has leased many of its lands. Many parties had made improvements be- fore they were surveyed, and under the regulations adopted "by our territorial authorities, the preference right was given to those who had occupied those lands and improved thoon, and now believeing that they would have the prior right to "buy secured to them, they have gone on and made valuable im- provements there. Now should they be deprived of their la- i>or to this extent? I think not. They have leased these lands and pay all that the county commissioners require them to pay and will do so until such time as the territory will permit them to buy them. Mr. CLARK. I just want to say a few words, and then 111 promise not to say anything more, until it comes to a vote. There seems to be some misunderstanding as to the object of this appraisement. The object of this is to cause the lands to bring a higher price. In the absence of any appraisement, as this se'ction would stand, the land's could be sold for ten dollars. It would be a very easy matter for three of four men to get together and keep the price of the land down to ten dollars, agreeing that none shall pay more than ten dollars, 756 CONSTITUTIONAL CONVENTION. one to take his piece and another his, and the school fund de- frauded, but the land if we put it in the hands! of these com- missioners to appraise, they will appraise at what they believe it worth, and if they believe it worth two hundred dollars an acre, it cannot be sold for less than a hundred and fifty dol- lars an acre. This appraisement is to be made so that the land will bring a higher price than it would have otherwise done, and I would say further that I believe a man who goes upon thirty-six, or upon any section of government land, and makes himself a home there under the mistaken idea of his rights, even though he be a trespasser, is entitled to some rights. I have seen a great deal of distress and wrong, as T consider it, done within the last year by that mistaken idea. The Union Pacific railroad company owns a great deal of land near Almy and Bear River. It has been understood and given out, not by the railroad authorities themselves, but as a matter of common rumor and common belief, that the par- ties who leased that land in yeans gone by should have the first right to purchase it at an ordinary price, when the Union Pacific should put it on the market. There was no authority for that statement, the officials! of the Union Pacific railway company, so far as I know, never said that that should be so, but it was generally understood among the people. Now this land came on the market, and what was the result? The re- sult was that the land was sold in townships. A man had settled upon 160 acres, who perhaps had been paying rent for that land, and had improved it, and made two spears grow where none ever grew before. He could not afford to buy a township of land, but the rich land owner was the man who came in and at the rate of one dollar and a quarter bought up a whole township of railroad land, became possessed of this man's improvements, became possessed of the result of this labor for years, and there; is absolutely no redress for him. Now, !he had no right perhaps to think that he would be en- titled to the first right to buy, but he did think so, and he im- proved the land in good faith, with the intention of making it a home. On thirty-six at Almy, a portion of it is a valuable section. It comes right up close against thef quarries, and the section is already largely built upon by miners and those con- nected with the mines, and why? Because it was the only place there that could be made a home* The Union Pacific railroad, or the Central Pacific, would not sell them a lot upon which to build a house, or a cottage, and the consequence is that thirty-six and a portion of others is covered over with dwellings, home,s of people engaged at the mines, and they have improved that section, and a portion of it, the" part lying near Bear river, is quite valuable, I am informed that the county commissioners in fixing the valuation of that, fixed it at the rate of two hundred dollars an acre, because it is cut up PROCEEDINGS AND DEBATES. 757 into lots of one-quarter pieces. These people are entitled to some rights, and they are entitled to some protection. If tho land is worth two hundred dollars an acre, the appraisers will appraise it at two hundred dollars an acre, and if these men want to purchase their homes they can purchase them at the rate of two hundred dollars an acre. I believe that the amend- ment is just and right; I believe it is proper and I think it oitelit iio prevail. Mr. SUTHERLAND. I am in favor of the amendment. It Is generally understood by these people who have settled upon these lands, that if this land comes to the state they will have tlie first chance to buy it, and if the land is appraised I am sure it will give general satisfaction. Mr. Clark says there was no agreement with the Union Pacific in regard to its land. There was. Walter Singley, who was managing it, made an iigretpient that when this land was put on the market that each of the settlers should have the preference right to pur- chase, but in that case every person with whom I am ac- quainted, who had settled o*n school lands, really understood when we become a state he will get the preference above all others. Mr. JOHNSTON. When the United States survey is made il belive notice is given that section sixteen and section thirty- six are reserved, for the purpose of creating a school fund. I think that that reservation of these sections was justly made. That it was with the intention that they should in- crease in value ,by settlement around it, and I believe that the school fund is entitled to this increase in value, and that the lands should be sold to the highest bidder. Mr. GRANT. That will probably be the case under this, and I think that the .settler ought to be protected, and I think he ought to have the preference, and at an appraised valua- tion, on three-fourths of it. Mr. RUSSELL. Unless this is amended for our protection, it leaves it open for the sacrifice of the homes and dwellings of over fifty of our citizens in our town who have built on a half section of school land. I myself am located on the same piece of land, that is where we have built our homes, our cot- tages, and our dwellings and surroundings, and fifty of the workingmen of that town are so located. The county commis- sioners went to work and offered it for rent, and fixed the val- uation at fifty dollars a lot, and we pay that rent on that val- uation, at the present time, but if that was put up to the highest bidder, a speculator might come in, and buy up all that land, and then if he wanted to mako money on the transac- tion, he could fix the rent very high, not because of the value of the land, but because of the fifty houses on that land, and unless we came to his terms of rent we would have to move off our dwellings, and for this reason we would be compelled to CONSTITUTIONAL CONVENTION. pay a pretty high rent rather than move our dwellings, and 1 think we should be protected from anything of this kind occur- ring. Mr. POTTER. The same thing occurs in the northwestern part of our city. There 1 are thirty or forty people located on part of a school section now. Mr. CHAIRMAN. The question is on the amendment of- fered by the gentleman from Uinta. Are you ready for the) question? All in favor of the motion will say aye; contrary no. The ayes have it; the amendment is adopted. Mr. BROWN. Another thing that ought to be thought about. Now suppose that the Tnited States donates to the state a large amount of land how is it to jbe selected ? It has occurred to me that we ought to have some provision in this bill providing that it shall be selected in equal proportions as nearly as practicable from the different counties of the ter- ritory, so that the men who might be appointed to select this land could not select it all in one place, in the interest of some single portion, but so that if shall be distributed around through the territory generally. There ought to be some re- striction in this bill to prevent them getting it in that way. Mif. HOYT. It is for our interests to have these lands where they have the greatest value, regardless of the portion of the territory where they are found. The university lands have been selected according to the best judgment of the men appointed, so as to yield the largest proceeds to the university fund, and it strikes me that is the true principle. They are to be located in the interest of the fund, and not of localities. (Reading of Sec. 2.) Mr. SMITH. I move to strike out in lines five and six the words a and for the erection of a capitol and other public build- ings. Leave that out and let the 1 legislature say how it shall be done. Mr. CHAIRMAN. The motion is not seconded. (Reading of Sec. 3.) Mr. CHAIRMAN. Any amendment to Section 3? MR. -SMITH. I move to strike "judicial" out in the third line. Mr. CAMPBELL. Second the motion. Mr. CHAIRMAN. It is moved tha the word "judicial" be stricken out. Are you ready for the question? All in favor ot the motion will say aye; contrary no. The ayes have it; the motion to strike out prevails. Mr. BTJRRITT. I would like to inquire if commencing with the defining of the crime of embezzlement, that last clause with reference to evidence, is exactly a proper one in there?" I have not examined it, but it looks to me as if it goes down into the laws a little finer than a constitutional provision re- auires. PROCEEDINGS AND DEBATES. 759 Mr. CHAIRMAN, d would state to the committee that as an additional suggestion to the one made by Mr. Burrittt, that another portion of that section reading "or otherwise than in the name of the state of Wyoming, or shall deposit in any banks or with any person or persons," and other portions of the section also oome under the last clause. It does not only refer to the latter part of it, as suggested by the gentleman from Johnson. Mr. MORGAN. I move to strike out the word "suitable." Mr. SMITH. Second the motion. Mr. CHAIRMAN. It is moved and seconded that the word "suitable" between "pass" and "laws" be stricken out. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the motion to strike out prevails. Mr. HOYT. I move to strike out the word "charge" and insert "require," "shall require." Mr. CHAIKMAN. jit is moved to strike out the word "charge" and insert the word "require." Are you ready for the question? All in favor of the motion will say aye; con- trary no. The ayes have it; the motion to strike out^and in- sert prevails. Mi). BURRITT. I move to strike out all after the word "felony" in the fifteenth line. It strikes me it is) not a proper provision. It looks a great deal like! the old proposition of a man being found in possession of an animal which did not belong to him, it was found with another man's brand upon it, and that should be prima facie evidence that the other man stole it. I see no reason why the ordinary rules of evi- dence should be changed for the protection of this fund. That should be safe enough under the laws that have stood five or six hundred years. M;r. POTTER. I move to strike out all ofter the word "thorn" in the seventeenth line. Mr. CHAiERMAN. It is moved and seconded that all after the word "them" in the seventeenth line be stricken out. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the motion to strike out prevails. (Reading of Sec. 5.) Any amendments to Sec. 5? Mr. MORGAN. I move to strike it out. Mr. CHAIRMAN. It is moved and seconded that Sec. 5 be stricken out. Are you ready for the question? All in favor of the motion will say aye; contrary no. The chair is in doubt. As many as favor the motion to sitrike out will rise and stand until counted 9. Contrary will rise 9. The motion to strike out is lost. (Reading of Sec. 6.) 750 CONSTITUTIONAL CONVENTION. Mr. 13URRITT. I move to strike it out; all of it is in the educational bill. Mr. CHAIRMAN. It is moved and seconde/d that Sec. 6 be stricken out. All in favor of the motion to strike out wIU say aye; contrary no. The ayes have it; the motion to strike out prevails. Mr. BROWN. I want to offer an amendment to Sec. 5. We have already passed an amendment to this bill which gives parties who settle upon the land certain previous rights, and I propose to insert after the word "privilege^' "except a previ- ous right to buy, as in this constitution otherwise provided,' 7 or perhaps it would be better to have the clause at the begin- ning of the section. Mr. CHA)IRMAN. Gentlemen, you have heard the motion. Are you ready for the question? All in favor of the motion will say aye ; contrary no. The ayes have it ; the motion to amend prevails. (Reading of Sec. 7.) Mr. CHAPLIN. I move to strike it out. Mr. BURRITT. I move to amend the amendment of Mr. Chaplin by striking out all of it down to the "provided how- ever" clause. Mr. CHAPLIN. I second that motion. Mr. CHAIRMAN. It is moved and seconded that Sec. 7 be stricken out down to the words "provided however." Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the motion to strike out prevails. Mr. POTTER, In order to make this clear I think we will have to make an amendment; to insert after the word "in- come" the words "perpetual school fund," strike out aforesaid so as to make it clear. Mr. CHAIRMAN. Gentlemen you have heard the motion. Are you ready for the question? All in favor of the motion to strike out and insert will say aye; contrary no. The ayes have it; the section is so amended. Mr. COFFEEEN. (In Sec. 2 I move to strike out all after the word "source" in the third line. I Avill state my reasons for .striking this out. If you want to use any of the moneys arising from the sale of lands, and it has already been argued on this floor that you must reserve the right to sell some of these public lands so that certain institutions may be built, but if you do not strike that out. yon can only build with the interest accruing, which would preclude the building of any institution. Mr. POTTER. I think you will see by the senate bill that the grant of land is put in that way, for the erection of a capi- tol and other public buildings," and put in no other way, and not granted with the income only. PROCEEDINGS AND DEBATES. 761 Mr. SMITH. The senate bill is not the law. And if you pass it with a provision like that in it you cannot use tho money at all, but the income must be applied. "Mr. CH AIR-MAX. Gentlemen, you have heard the motion of the gentleman from Sheridan, to strike out all after the word "source" down to and including the word "un- sold." Are you ready for the question?. All who are in fa- of the motion will say aye; contrary no. The ayes have it; the motion to strike out prevails. Anv further amendments to the file? Mr. JEFFREY. There is one portion of this last section, Sec. 7, which is not clear to me. There are several school funds and it seems to me it should be designated just what fund it means. It reads "added to and become a part of the school fund." It is not quite clear to me what school fund it is, and I therefore move to insert the word "said" before the word -"school" Mr. CHAIRMAN. Gentlemen, you have heard the motion. Are you ready for the question? All in favor of the amend- ment offered by the gentleman from Laramie, Mr. Jeffrey, will say aye; contrary no. The ayes have it; the amendment is adopted. Any further amendments to : the file? Mr. POTTER. I desire to offer an amendment to be added as another section to this file, although this may not be the proper place for it. "The legislature* shall have no power to change or locate the seat of government, the state university, "but may after the expiration of ten years after the adoption of this constitution provide 5 by law T for submitting the question of the location of the seat of government, the university or other public institutions, located at the adoption of this con- stitution, to the qualified electors of the state, at some geri^ eral election, and a majority of all votes cast upon said ques- tion at said election shall be, necessary to determine the loca- tion thereof. Provided, that for ten years, and until the same. are respectively and permanently located the location of the seat of government and university shall be as follows: "The seat of government shall be at the city of Cheyenne, and the state university shall be located at the city of Lara- As to the poor farm and deaf and dumb asylum my idea of It was that that should be left to the legislature, and not per- manently located. So far as the deaf and dumb asylum is con- cerned I have/ not talked with many here regarding it, but 1 did talk with some of the gentlemen about the poor form and their ideas agreed with mine. I am not particular about either of them, however, and if any better method can be devised ,1 am ready to accept it. I don't desire to cut out the poor farm or the deaf and dun^b asylum, if anyone wants to insert thefcn in t/lils bill and include them with the rest. 762 CONSTITUTIONAL CONVENTION. Mi<. FOX. I think that ought to, coine in under public- buildings. Mr. SMITH. If we become a state the government will probably turn over the penitejntiary at Lararnie to the terri- tory, and we don't want two penitentiaries, and the one at Rawlins might be turned into something else, and there ought to be a provision that that can be done. Mr. TESCHEMACHER, The file in regard to public build- ings has not got out of the hands of the committee as I remem- ber it, and |I would much prefer that this be added as an addi- tional section there, and therefore, Mr. Chairman, I move we go back and take; up the file on public buildings and have it amended. Mr. CHAIRMAN. Gentleman, you have heard the motion^ Are you ready for the question? All in favpr of the motion will say aye; contrary no. The ayes have it; the motion pre- vails. We will now go back and take up the file on public buildings. (Reading of Mr. Potter's amendment.) Mr. CHAIRMAN. The question is on the amendment of- fered by the gentleman from Laraniie, Mr. Potter. Are you ready for the question? Mr. TESCHEMACHER. I would like to ask for informa- jtion Would it not be a* good plan to state the names of the counties where these institutions are located? There may be another Cheyenne or another Laraniie in ten years. I there- fore move to amend by inserting the names of the counties- in which these various public buildings are located. Mr. CHAIRMAN. Gentlemen, you have heard the motion. Are you ready for the question? All in favor of the amend- ment will say aye; contrary no. The ayes have it; the motion prevails. Mr. COFFEEN. I wish to ask for information. It is a lit- tle difficult to know just how these; matters stand, not having a printed file before us. As I remember it, it says that after ten years the legislature "may." The question is just this: Could the legislature thereafter make a permanent location without submitting it to the people, of other institutions than those specially mentioned. Mr. POTTER. I desdre to add a provision to that as fol- lows: Provided, that any state institution whatever that was heretofore located shall become the property of the state, and may be managed by the state as the legislature may prescribe by law." Our deaf and dumb asylum and the Fremont poor farm, the legislature would provide as to those. Mr. PRESTON. You don't need to get into any muddle on account of the poor farm in Fremont county. We don't care how soon it is moved, we never cared for it at all. The convention PROCEEDINGS AND DEBATES. 763 need not be disturbed about that, because it does not bother us a bit. Mr. CHAIRMAN. The question 'is on the amendment of- fered by Mr. Potter. Are you ready for the question ? Mr. COFFEEN. The suggestion made a moment ago, touching the question whether or not they would have power to locate other institutions permanently as they may be formed? (If the legislature hais that power I would like to know it, and to make sure I will move to strike out the words "other public institutions"; and insert the names of the institu- tions not named. Mr. CHAIRMAN. The motion is to strike out the words "or other public institutions" and insert the words "tjie insane asylum at Evanston, and the penitentiary at Rawlins." Are you ready for the question ? Mr. BROWN. I don't like that now and I will state why. I think there has been more corruption in legislation, more corrupt trades, more infamous deals instituted in legislative bodies on the location of these public institutions than has ever occurred in the legislature in any other way. I do not think this covers the purpose it was intended to have been framed for; this provision creates just this kind of busi- n^ss and provides for it, for deals and trades in legislation. Now in order that that may be prevented, in order that there shall be no log rolling, in o*rder that towns throughout this territory shall not pay men to come before the legislature and log roll to get its share of public institutions erected at some particular place, let us provide that the legislature shall never locate them at all. They may provide by general law for their erection, they may create a law providing for the construction of the buildings, the character of the institutions, but where their location shall be shall be submitted in every instance to a voto of the people of the territory. If you can get a pro- vision together in that way I will join you most heartily. Mr. POTTER. I would like to add' this amendment: "The legislature shall not locate any other public institutions ex- cept by general laws, and by vote of the people." Mr. CHAIRMAN. The question is on the motion to strike out "or other institutions" and insert the insane asylum at Evanston, and the penitentiary at Rawlins." Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the motion prevails. The ques- tion is now upon the amendment as offered by Mr. Potter. "The legislature shall not locate any other public institutions except by general laws, and by vote of the people." Mr. BUKRITT. I simply desire to requst all members of this convention who are not members of the coming legisla- ture, before they vote for this provision in the shape they have got it now, to be on hand next January to prevent the 7 6 4 CONSTITUTIONAL CONVENTION. establishment of all sorts of public institutions all over the territory of Wyoming. Mr. CHAIRMAN. Gentlemen, you have heard the motion. All in favor of the amendment offered by Mr. Potter will say aye; contrary no. The ayes have it; the motion is adopted. The question is now on Sec. 24 as amended. Mr. SMITH. I desire to offer the following, to follow after the sentence regarding the penitentiary at Rawlins: "But the legislature may provide by law that the said penitentiary may be converted to other public uses." . Mr. CHAIRMAN. Gentlemen, you have heard the motion. Are you ready for the que/stion? All in favor of the amend- ment Avill say aye; contrary no. The ayes have it; the motion prevails. Mr. POTTER. I would suggest another amendment, now that we have put in the insane asylum and penitentiary; the, first part of this ought to be made to apply to them all as well as the eapitol and university. Mr. BURRITT. I now rise to make a motion I started to make when this thing first commenced. I move that when this committee rise it report, this whole section with the amend- ments back to the convention with the recommendation that it be referred to Committee No, 7 with instructions to bring in a properly formulated provision. Mr. BROWN. Tha^ probably would be the best thing to do, to let the committee formulate a section which will cover the ground perfectly. I will second the motion of the gentles- man from Johnson. Mr. CHAIRMAN. Gentlemen, you have heard the motion. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the motion is car- ried. Mr. RjINER. I move when this committee arise it report back this file 86 to the convention with the recommendation that it do pass as amended. Mr. CHAIRMAN. Gentlemen, you have heard the motion. Are you iready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the motion pre- vails. The next file is File No. 87, coal mines. (Reading of Sec. 1.) Mr. JOHNSTON. I move to strike out the words "proven by law." I don't think that is necessary. Mr. HOPKINS. I want to explain that. It is customary under the mining laws to have this person who is the mine in- spector to go about and see that the laws governing mines are carried out, examined by a board of mining engineers and miners to see that he is competent. The object is that the man shall be a competent man; that is the meaning of that. PROCEEDINGS AND DEBATES. 765 Mr. RINER. I move to amend by adding the words "in the manner providejd by law." Mr. CHAIRMAN. Gentlemen, you have heard the motion. All in favor of the amendment will say aye ; contrary no. The ayes have it; the amendment prevails. (Reading of Sec. 2.) Mr. SMITH. I mov^ to strike out the words "and eo.uic- able." Mr. CHAIRMAN. You have heard the amendment. Are you ready for the question. All in favor of the motion will say aye; contrary no. The ayes have it; the amendment is adopted. Mr. COFFEEN. The first line of this section reads "the legislature shall provide by law for the proper mapping of mines, etc." It appears to me that if the state had to go into all the expense of doing that, it would cost a great deal. "Shall require" it seems to me would better. Does not that make the legislature responsible for it, saying that it "shall provide? 7 ' I don't know about it, but} it /strikes mes that way, and I just call attention to it. (Reading of Sec. 3.) Mr. RUSSELL. It often occurs in this territory in the de- velopment of small mines that the persons doing that develop- ment may not be able to employ high priced clerical help, and so he employs this means of having his clerical work done, he employs boys or girls to do it. But in order to cover the case of their being employed in the mine, they would have no busi- ness to do this work unless this proviso was put in there. Mr. BROWN. Is there any necessity for such a provision at all? Mr. RUSSELL. I think so. The legislature, I believe, has saiid tlhat fourteen years is young enough for any boy to be put to work in a mine. This, isi only a portion of the present law, and I think should be incorporated into the constitution. Mr. PRESTON. I move to strike out Sec. 3. Mr. RUSSELL. I would like to ask the gentleman, before this is put to a vote, whether he has got any reason for mak- ing this motion? I don't think the gentleman ought to make it, unless he has sufficient reason for doing so. Mr. PRESTON. My reason is that (I believe, that what Sec. 3 intends to cover is a matter to be left entirely to the legislature. So far as boys undert fourteen years of age are concerned, I think that is a matter entirely for the legislature, and as this convention has delegated to women the right to vote?, she ought to have the right to digt coal if she wants to. It is a matter entirely for the legislature, and not a matter for the constitution. Mr. MORGAN. I think the subject is a proper one for the legislature 1 and for the constitution too. It is proper to re- 766 CONSTITUTIONAL CONVENTION. strict the legislature, it is proper to say right here that no boy shall be permitted to go into a coal mine to work, and there is nothing wrong about our putting it into the constitution that I can se:e. Colorado and Nevada and other states have this same restriction, and I see no reason why we should not put it into our constitution. Mr. RUSSELL. I will state that it is in the constitution of Colorado, you will find it there, but instead of being fourteen years it is twelve. Mr. HOYT. I will ask the gentleman if he does not think that instead of fourteen it should be a higher number? Four- teen years seems to me a very youthful age for a person to go to work in a coal mine. Mr. HOLDEN. It appears that the legislature deemed this provision necessary. I find on page 440, Sec. 1,654, the ex- act language of this section contained in our statute. I pre- sume if it was not deemed necessary it would riot have been placed there. Mr. CHAPLIN. I move to amend this section by striking out the words "or about." Mr. COFFEEN. I prefer the section as it stands. There are cases in our own county where children are made to work out in the dust and dirt sorting out the coal from the dust, for ten and twelve hours, and small children at that. I think the more you study this the more you are convinced that the sec- tion is right, and ought to be carried. Mr. RUSSELL. In our county there are cases where the children work about the mine and help their fathers support the family, and I believe it would be wrong to dejprive them of the right to work about these mines, when the wages that they will earn will be a great help. Mr. CHAIRMAN. The question is on the motion to strike out "or about." Are you ready for the question? All in favor of the motion will say aye ; contrary 7 no. The noes have it ; the motion is lost. The question now recurs on the motion of the gentleman from Frejmont, to strike out the entire section. All in favor of the motion to strike out will say aye; contrary no. The noes have it; the motion to strike out, is lost. Mr. RINER. I move to strike out the word "fourteen" and insert "sixteen." Mr. CHAIRMAN. It is moved and seconded that the word "fourteen" be stricken out and the word "sixteen" inserted in lieu thereof. Are you ready for the question? Mr. HOPKINS. . I wish to say something in regard to this matter. Miners proverbably have large families, and some of them have large families of girls, and they may have one or two boys in the family. /It is a struggle for existence; for these people. If there is but one working member in a family of ten or eleven it is a difficult matter to get along, and I ques- PROCEEDINGS AND DEBATES. 767 tion the advisability of preventing a family of that kind from obtaining the benefits which might accrue to them from the help of a younger son. He has in the interim of idleness which occurs in every mine, he has an opportunity not only to help his father earn some money, but also get proper schooling, and that I take it is the only thing that is aimed at in this age ques- tion, that is they should have proper schooling. Mr. RUSSELL. I believe that fourteen years, in our sta- tute, is the highest in this country, or in any other, and I think it is sufficiently high. Mr. HOLDEN. I move to strike out the word "coal" in the second line. Mr. CHAIRMAN. It is moved and seconded that the word "coal" in the second line be stricken out. Are you ready for the question? All in favor of the motion will saj r aye;; con- trary no. The ayes have it; the motion to strike out prevails. Mr. BROWN. I move to strike out Sees. 2 and 4 of tjiis bill and insert in lieu thereof the following: "The legislature shall provide by law for the proper development, ventilation, drain- age and operation of all mines in this state." Mr. CHAIRMAN. The question is on the amendment of- fered by Judge Brown. Are you ready for the question? Mr. COFFEEN. I don't think that is right. I think I have heard those interested in this subject of mining say how difficult it was to get a mine inspector appointed and secured by legislation, and if that is so I would like to see to it that this constitution shall see to it that there shall be. Mr. CHAIRMAN. The question is on the amendment. All in favor of the motion to strike out Sees. 2 and 4 will say aye ; .contrary no. The ayes have it; the motion prevails. (Reading of Sec. 5.) Mr. BROWN. As to that section I want to ask if we have not passed a section tjiat is exactly the same as this, and this "becomes unnecessary because of the section already passed covering exactly the same grounds? If I am wrong about it, I will not move to strike it out, but is it necessary to include it in this file? Mr. TESCHEMACHER, We have passed almost the same thing somewhere. Mr. HAY. I would ask if it was not in the file on corpora- tions? (Reading of Sec. 6.) Mr. CHAIRMAN. Any objections to Sec. 6? The chair hears none. (Reading of Sec. 7.) Mr. FOX. I move to strike it out. Mr. CHAJUMAN. It is moved and seconded that Sec. 7 be stricken out. Are you ready for the question? 768 CONSTITUTIONAL CONVENTION. Mr. HAY. I hope the gentlemen will consider before they move to strike that out. We certainly look forward to the de- velopment of our mines as our greatest resource, and the office of state geologist is one of the most important we can have. There might be some delay in having that office created by the legislature, and I believe this office is as important as the state engineer and others we have created, and I believe that six years has some arguments in its favor, provided we get a good man, and he does his work; while if we have a two years term he barely gets acquainted w r hen he is removed and some body else appointed. I think w r e are pretty well fixed now. Besides that the short term would cost more than the long- term. It would be an object to a man to work cheaper if he- was to get it for six years instead of two years. He could ar- ford to work cheaper. It takes him two or three years to get familiar with his work, and I think six years is better than the shorter term. Mr. FOX-. I made this motion to strike out because I think we will have all the expense we can bear in this state, and my experience is that geologists have been a useless expense, i have yet to haA^e the first geologist tell me anything beyond the expression of an opinion. |I don't think he can tell us any- thing but what we know at the present time. And I think w*^ can dispense with it. Mr. HAY. A good geologist can tell us a good; deal. The advertisement of a good geological report would be worth ten years salary to us. If we can get a good report of our mining- resources, and what the prospects of mining are, it would be worth his salary and a good deal more. Mr. COFFEEN. I hope this will not be stricken out, as 1 am very much in favor of anything that will educate and in- form the people, and this is one of those things. Since I have been here I have seen nothing that tends more to show the re- sources of our entire territory than the exhibits of our geolo- gist at the fair, and if any of you will take the trouble to visit the geologist's room here you will be rewarded. I say I have seen nothing which will set forth our resources and promote their advertisement and development as the exhibits and in- formation which our geologist can give us. There are many reasons why this .should not be stricken out. Mr. CHAIRMAN. Gentlemen, you have heard the motion. Are you ready for the question? All in favor of the motion -will say aye; contrary no. The noes seem to have it; the noes have it. The motion to strike out is lost. Mr. BROWN. I will now renew my motion to strike out 1 Sec. 5. Mr. CHAIRMAN. The question is on the motion to strike out Sec. 5. Are you ready for the; question? All in favor of PROCEEDINGS AND DEBATES. 769 striking out Sec. 5 will say aye; contrary no. The ayes have it; the motion to strike out prevails. Mr. BROWN. I move when this committee arise it report back this file on coal mines with the recommendation that it do pass as a part of the constitution. Mr. CHAjIRMAN. Gentlemen, you hare heard the motion. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the motion is adopted. The next tiling on the general file is substitute for Files 5, 6, 10, 23 and 64, elections and qualifications to office. (Beading of Sec. 1.) Mr. CHAIRMAN. Reading of Sec. 2. Two and four. Mr. JEFFREY. I rise to ask for information. Have we anywhere provided for a general election, and the time for the qualification of state and county officers? This is a very im- portant matter and we don't want to overlook it, the commit- tee should have attended to this. As there seems to be some doubt as to whether we have provided for this or not, I desire to offer the following as an amendment to be inserted as an ad- ditional section to this substitute: "All general elections for state and county officers, for members of the house of representatives and the senate of the state of Wyoming shall be held on the first Tuesday in Novem- ber of each even year. Special elections may be held as now r or as may hereafter be provided by law. All state and county officers elected at a. general election shall enter upon their re- spective duties on the first Monday in January next following the date of their election, or as soon thereafter as may be pos- sible.' Mr. CAMPBELL. I would move to amend that by making- it the first Tuesday next following the first Monday in Novem- ber. Mr. CHAIRMAN. Gentlemen, you have heard the amend- ment. Are you ready for the question? All in favor of the amendment will say aye; contrary no. The ayes have it; the amendment is adopted. The question is now on the adoption iof this section as Sec. 5 of this substitute. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the amendment is adopted as Sec. 5 of this file. The secretary will read the next section. (Reading of Sees. 1, 2 and 3, qualifications to office.) Mr. POTTER. I move to strike out all after the word "fidelity" in the fifth line of Sec. 3. Mr. HAY. Second the motion. Mr. MORGAN. I hope that this convention will hesitate before they strike out the last part of this section. It is there provided that men shall take an oath that they will do what they ought to do, and that they have not obtained their office r-49 770 ~. CONSTITUTIONAL CONVENTION. through corrupt means. They are entrusted with certain rights and privileges belonging to the people, and I think the people have a right to require thejni to swear on their oath they will protect these rights and privileges. If he has used fraudulent means to obtain his office, I think the people ought to know it; this is no insult to any man, and /I sincerely trust this convention will not strike it out. Mr. POTTER. I have just a word to say on this subject, I don't object to the principle of the last part of the section at all, as Mr. Morgan seems to think, I don't object to that, but my idea is that the ground is all covered by what goes before. If a man can swear that he will discharge the duties of his office with fidelity, and then receive that which he has no right to recefVe as compensation, or as a bribe, I can only say that he has a very convenient conscience, for we know that would not be discharging the duties of his office with fidelity. Now we expect to provide laws by which it will be impossible to Secure office in this way that is the best way to do it. If he has been elected and violated that law, he can be prosecuted the same as any other person, but how many men that have been elected, that have violated the election laws, w r ould re- fuse to take this oath? I venture to say that very few people would have the courage to say they had violated this law, and they would take this oath. They have violated the law and are subject to its penalties, and when they take this oath they add to their crime, the crime of perjury, and we make them do that ~by law, and I believe it is an insult, and I believe that which prompts this kind of thing is a matter purely of senti- ment, and I have no hesitation whatever in opposing such a provision, not that I believe in buying your way into office, because I believe that it one of the greatest of crimes, and we ought to. make our laws so strong that they cannot buy their way, but because I don't believe this oath would do any good. They have this same thing in the state, of New York, I think it is in precisely the same words, and everybody knows that there is in the city of New York a more corrupt condition h. Mr. PRESIDENT. Convention come to order. We were considering the general file at the time of adjourn- ment. A motion to go into committee of the whole is now in order. Mr. FOX. I move we now go into committee of the whole for consideration of the general file. Mr. HOYT. Just a moment. On behalf of Committee No. 7 I wish to submit a report. Mr. PRESIDENT. By unanimous consent the committee will be allowed to report at this time. Mr. BURRITT. I move it be placed on the general file. Mr. PRESIDENT. It is moved that the report of the com- mittee be placed on the general file to come up for considera- tion at the proper time in its regular order. As many as are, in favor of the motion will say aye; contrary no. The ayes- have it ; the motion prevails. Mr. CAMPBELL. I have been instructed by the Laramie county delegation to extend an invitation to the members of this convention to partake of a banquet at the Cheyenne club on Saturday evening, and would like every member of the con- vention to be present at that banquet. (Applause.) Mr. PRESIDENT. I am satisfied from the demonstration made, Mr. Chairman, that the members of the convention will be delighted to accept your haspitality. I can speak for my- self, and shall accept the invitation as far as I am personally concerned. Mr. CAMPBELL. I forgot to add that the president was selected to preside at the banquet. Mr. FOX. I move that the invitation be accepted. Mr. PRESIDENT. It is moved that the invitation extended] by the Laramie county delegation be accepted. All in favor PROCEEDINGS AND DEBATES. 775 of the motion will say aye; contrary no. The ayes have it; the motion prevails 'unanimously. Mr. FOX. I move we now go into committee of the whole. Mr. PRESIDENT. Gentlemen, you have heard the motion. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the motion to go into committee of the whole prevails. Will Mr. Elliott take the chair? Mr. CHAIRMAN. Gentlemen of the committee. J have taken the report of Committee No. 7 on Sec. 24 out of its reg^ ular order that we may dispose of that file. If there is no ob- jection I w r ould ask your consideration of that report first. The secretary will read the section. "The legislature shall have no power to change or locate the seat of government, the state university, insane asylum, or state penitentiary, but may, after the expiratior^f ten (10) years after the adoption of this constitution, provide" oy law for submitting the question of the permanent location thereof, respectively, to the qualified electors of the state, at some gen- eral election, and a majority of all votes cast upon said ques- tion at said election shall be necessary to determine the loca- tion thereof, but for said period of ten years, and until the same are respectively and permanently located, as herein pro- vided, the location of the seat of government and said insti- tutions 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 county of Uinta; the penitentiary shall be located at the city of Rawlins, in the county of Carbon; but the legisla- ture may provide by law that said penitentiary may be con- verted to other public uses. The legislature shall not locate any other public institutions except under general laws, and by vote of the people." Mr. RINER. I move this section be added to the file as an additional section of the file, and the file referred back to the convention with the recommendation that it be adopted as amended. Mr. .CHAIRMAN. Gentlemen, you have heard the motion. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the motion pre- vails. Mr. CHAIRMAN. The next thing on the general file is File 89, schedule. (Reading of Sees. 1, 2, 3 and 4.) Mr. CLARK. I have only this objection to Sec. 4, there is a portion of it that I am unable to understand. Perhaps the committee can explain. "And all bonds, obligations and other CONSTITUTIONAL CONVENTION. undertakings executed by this territory or to any other officer in his official capacity.'' That is not quite clear to me. Mr. RINER. I have an amendment to offer, which jl think will improve that. I move to amend by inserting the words "to or'' after the word "executed," so it will read "and all bonds, obligation's or other undertakings executed to or by." Mr. CHAIRMAN. Gentlemen, you have heard the motion. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes, have it; the amendment prevails. Mr. JEFFREY. As has already been stated, this was pre- pared rather hurridly, the chairman was absent several days and the committee did not get to work on it until pretty late. I have a section which properly belongs in the schedule, and I desire to have it inserted in its proper place in the schedule. It is something that ought to have been included in the sched- ule but was overlooked. "That all property, real and personal, and all moneys, credits, claims, and choses in action, belong- ing to the territory at the time of the adoption of this consti- tution shall be vested in and become the preperty of the state of Wyoming." Mr. RINER. I move that that section be numbered two, and that all the following sections be renumbered. Mr. CHAIRMAN. Gentlemen, you have heard the motion. Are you ready for the question ? All in favor of the motion will say aye; contrary no. The ayes have it; the amendment pre- vails. Any further amendments? Mr. CLARK. I move to strike out the word "other" where it occurs in line five of Sec. 4. Mr. CHA/IRMAN. Gentlemen, you have heard the motion. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the motion pre- vails. Any further amendments ? Mr. RURRITT. The word "by" should not be in there. Mr. CHAIRMAN. If there is no objection it will be strick- en out. Any further amendments? (Reading of Sec. 5.) Mr. HAY. The word "now" in the first line ought to be stricken out. Mr. FOX. I don't see what this has to do with United States officials. Mr. JEFFREY. That is intended to apply tq all the offi- cials holding office until they are succeeded by state officers. The governor, secretary and judges of the district and su- preme courts. Mr. CHAIRMAN. It is moved that the word "now" in the first line be stricken out. Are you ready for the question? PROCEEDINGS AND DEBATES. 777 All in favor of the motion will say aye ; contrary no. The ayes Tiave it ; the motion is carried. Mr. BROWN. I desire to make an inquiry of the chairman of the committee. I desire to ask if Sec. 5 is intended to keep the officers in their respective positions until the state officers are elected or appointed? Mr. JEFFREY. I think that is the intention of the sec- tion, whenever applicable. Mr. BROWN. It occurs to me, Mr. Chairman, that we ought to provide that the governor of the territory, the sec- retary and other territorial officers, justices of the court, and all county and precinct officers shall hold their offices until thdir successors are elected and qualified under the constitu- tion of the state. Mr. BAXTER. I think that could be reached by amending the last line so as to read as follows : "Until the qualification of officers elected as their successors under this constitution." Mr. BROWN. The provision in some of the other con- stitutions is that all these territorial officers shall continue to hold their several offices as officers of the state until their suc- cessors shall be elected and qualified, d understand Mr. Jef- frey that this was intended to apply simply to the territorial officers. I think it should include all county and precinct ^officers. Mr. BURRITT. Sec. 18 covers all that. (Reading of Sec. 6.) Mr. POTTER. I move to strike out the word "adoption" rand insert "ratification." Mr. CHAIRMAN. Gentlemen, you have heard the motion. Are you ready* for the question? Mr. TESCHEMACHER. I think before we settle this thing definitely we ought to give it a little time and thought. Do we wish to have an election nefd; November on this constitu- tion? If we put this in our constitution we will have to carry it out. I merely wish to bring the matter up for discussion. Tou will notice by the papers for the last day or two that the constitutional convention of New Mexico, which was called in a manner exactly similar to ours, and has proceeded in nearly the same manner, in their schedule provide that their constitu- tion shall be submitted to congress with their petition. If then congress passed an enabling act that a special election shall ~be held within ninety days, and the constitution shall be sub- mitted for adoption. If on the other hand congress did not pass an enabling act at this session, that the constitution shold be submitted to the people on the Pus 1 Tuesday after the first Monday of November, 1890, their general election. Now it seems to me that this would be a very wise plan for us to adopt, for if we proceed to have these special elections through- out the territory that means quite a large expense, and we do 778 CONSTITUTIONAL CONVENTION. not know whether this senate bill, which has been favorably reported by the senate, will be passed by both branches of con- gress, or signed by the president. If it should be passed, then we can within ninety days call a special election, and go info being a state almost as soon as we w r ould under any other conditions. If not passed at this session, we can get the vote on this constitution at a time when w r e can call out the largest expression of opinion of the people of this territory that we could possibly get. No matter how important the subject at a special election you cannot call out the general vote, as aTT the general election, when you will get a true expression ot opinion of the people upon the work f this convention, and I would move to amend it in that manner. Mr. HAY. It strikes me that congress would not be very apt to pass an enabling act or take any steps until they found out whether or no the people w r ere going to raify a con- stitution that fifty-five men make. It seems to me that we would be asking congress to take a good many chances that we are not willing to take ourselves. It seems to me that we will be forced to carry out the plan already started on, and we* will mix matters up very much if we attenmpt to deviate fron* that plan now. Besides we don't know how this New Mexico plan will work. Mr. CLARK. For the purpose of hearing the matter dis- cussed, I second Mr. Teschemacher's motion. It occurs to me if we call on congress we ought to be prepared to send in our card at least, and this constitution is the best card we can send in, and a large majority in favor of this constitution. 1 believe with Mr. Hay, of Laramie, that our only hope before congress this winter, or any other winte[r, is to 'show congress by our vote that the people of this territory actually want to become a state. Mr. BROWN. I just want to add that if we should go to- congress and they should pass an enabling act ordering an election the people might refuse to adopt this constitution. They would not have the same incentive to accept it whether they liked it or not as they would before congress acted. Wo are anxious to get in and the people would accept it as satis- factory and adopt it. Mr. TEQCEMACHER. I am not at all stuck on my own motion. I merely brought up this subject to hear the differ- ences of opinion upon it. I knew that New Merico had adopt- ed just such a plan, and it does not seem to me it. will have very- much influence on congress in admitting us as a state whether They approve of the constitution these fifty-five men havo drawn up or not; I mean to say that won't be the main influ- ence that will be considered; they will admit us simply on the ground of our being able to take care of ourselves, and it seems. PROCEEDINGS AND DEBATES. 779 to me that the matter requires a little more consideration than we are giving it. Mr. HAY. I just want to suggest another thing. Accord- ing to the first plan the people will only have about thirty days to consider this constitution. Under the other plan they might have six months, and they might not adopt it, after having all that tune to study it, Mr. BROWN. I suppose that each and every member ot this convention at least desires that our work should amount to something when it is done. We have spent now almost four weeks in the service of the beloved public, without remunera- tion or reward, except the reward that comes from the con- science of every one for a duty well done, and 1 believe we shall have performed our duties well and faithfully when this con- vention adioiirns. Now we want this work to amount to something, and in order to have it favorably considered we must submit the constitution for adoption as early as possible, and when the people of the territory of Wyoming have said by their votes that they are satisfied with the constitution, and that they want to become one of the states of the union, con- gress will admit us. Senator Stewart, when here the other day, said that if we would prepare our constitution, submit it to the people, have it ratified, and then come down to Wash- ington and say Wyoming wants to be a state, and we will be a state. Now let us go down there in just that way. Let us not go down there to pass an enabling act, we don't care any- thing about this enabling act, but we want to go down there demanding admission, and when we demand it congress will admit us, and that is the kind of an enabling act we want, 1 take it. Mr. POTTER. Upon reflection I believe the word "adop- tion" is the better word, and I will withdraw my amendment. Mr. CHAIRMAN. Mr. Potter asks leave io withdraw his amendment. Is there objection? The chair hears none; the amendment is withdrawn. Mr. TESCHEMACHER. As there is nobody in favor of my amendment evidently, everybody having spoken against it, with the consent of my second I will withdraw it. Mr. CHAIRMAN. * If there is no objection ,Mr. Tesche- ma cherts amendment is withdrawn. Mr. HAY. ,1 move to strike out the words "and upon sep arate articles or propositions." Mr. CHAIRMAN. The question is on the motion to strike out. Are you ready for the question? All in favor of the mo- tion will say aye; contrary no. The ayes have it; the motion prevails. Mr. BURRITT. I move to strike out the words u or against any article submitted separately." CONSTITUTIONAL CONVENTION. Mr. CHAIRMAN. Gentlemen, you have heard the motion. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the motion pre- vails. Mr. RINER. I move to strike out the word "of in the fifth line and insejrt "for." Mr. CHAIRMAN. Gentlemen, you have heard the motion. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the motion pre- vails. Any further amendments? (Reading of Sees. 7 and 8.) Mr. JEFFREY. There is one thing in Sec. 8 to which I de- ;sire to call the attention of the convention at this time, because there was considerable discussion on the subject among the members of the committee at the time this was drawn, ana that is as to the length of the time for calling the first election, .as to this forty days and ninety days. Mr. BAXTER I move to strike out in the eighth line of this section the word "ninety" and insert ''one hundred and -twenty.' Mr. MORGAN. Second the motion. Mr. CHAIRMAN. Gentlemen, the motion is to strike out "ninety" and insert "one hundred and twenty" in lieu thereof. All in favor of the amendment will say aye; contrary no. The noes have it ; the amendment is lost. Any further amendments to Sec. 8? (Reading of Sees. 9 and 10.) Mr. 1.5URRITT. move to insert the words "of the territory'- after the word "secretary." Mr. CHAIRMAN. Gentlemen, you have heard the motion. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the motion pre- vails. (Reading of Sec. 11.) Mr. JOHNSTON. Is it necessary that the legislature should take this oath until it convenes? I would move to amend by inserting after the word "election" the words "ex- cept members of the legislature." Mr. CHAIRMAN. Gentlemen, you have heard the motion. Are you ready for the question? Mr. BURRITT. I don't believe that is necessary. As a general rule members of the legislature take Hieir oaths when they are legally convened as a legislative body, and the mem- bers of the first legislature of the state would not be officers of the state until they do convene. Mr. CHAIRMAN. Are you ready for the question? All in favor of the amendment will say aye; contrary no. The ayes have it ; the amendment is adopted. PROCEEDINGS AND DEBATES. 781 (Reading of Sec. 12.) Mu. BAXTER. I move to insert in the sixth, line after the word "legislature" the words "in joint session." Mr. CHAIRMAN. Gentlemen, you have heard the motion.. Are you ready for the Question? All in favor of the motion will say aye; contrary no. The ayes have it; the motion pre- vails. (Reading of Sees. 13, 14 and 15.) Mr. BAXTER. Should not there be a substitution of the- word "state" on both of these seals.? I believe they all bear the word "territory" now. Mr. BROWN. As I understand it this was simply to pro- vide that these be used until we can procure new ones. (Reading of Sees. 17 and 18.) Mr. JEFFREY. The committee desires to present at this- time three additional sections covering ground not provided for in the schedule itself. (Reading of Sec. 19.) Mr. CHAIRMAN. Is there any objection to Sec. 19? The- chair hears none. Sec. 20 w T ill be read. (Reading of Sec. 20.) Mr. CAMPBELL. It does not seem to me that is right. If we are admitted in 1890 the next session of the legislature would be 1892, and under this that would have to be omit- ted, and we would have to go until 1894 until we could have another. Mr. CLARK. Suppose we go in in July, under this section our next election in November would not be held for two- years. Mr. POTTER, I think to follow out the idea of the commit- tee we should say "that the election that should otherwise be held on the first Tuesday next following the first Monday in November, 1890, should be omitted." I think that will follow out the idea of the committee. Mr. HAY. I think that would fix it, or you might put in a- provision if the time to elapse between the date of admissioir and the next regular election shall be more than one year that the election shall be held, but not if less." Mr. TESCEMACHER. Put it in writing, Mr. Hay, so we* can understand it. Mr. CHAIRMAN. Gentlemen, you have heard the motion. Are you ready for the question? All in favor of the motion will say aye ; contrary no. The chair is in doubt. All those in- favor of the motion will rise and stand until counted 16.- Those opposed 2. The motion prevails. Any further amend- ments ? (Reading of Sec. 22.) Mr. POTTER. 1 move to strike that out. I don't believe ilr, is needed. 782 CONSTITUTIONAL CONVENTION. Mr. RINER. Second the motion. Mr. CHAIRMAN. It is moved that the proposed Sec. 22 be stricken out. The question is on the motion to strike out. Are YOU ready for the question? Mr. POTTER. I believe I am against my own motion, and I think I can at last see the meaning of that section. If we come in next year we will have a special session called by the governor next summer. Under our constitution we would have a session of the legislature in January. I think this is to prevent having two sessions of the legislature within three or four months. With the consent of my second I withdraw my motion. Mr. CHAIRMAN. The section is now offered in this shape. "The regular session of the legislature that would otherwise convene on the second Tuesday in January, 1891, shall be omit- ted." The question is on the adoption of Sec. 22. Are you ready for the question? Mr. TESCHEMACHER. I am sorry to discuss this ques- tion again, but it does seem to me that you have now provided in case congress does not let us in this winter, under this act, that all the work of this convention was done for nothing. If you do not make any definite date; this work would be good until we do go in, without calling another convention. Sup- pose this is ratified. Just as soon as that is decided and we get in, everything this convention has done is accented. Mr. IRVINE. Why should it not be left open, in view of the impossibility of framing a section to fit the case? Mr. FOX. It seems to me that this could be avoided by saying "Provided the admission of this territory shall be in an even numbered year the legislature then should convene in the next odd numbered year shall be omitted." Mr. CLARK. I move this section be referred to the com- mittee on education. Mr. CHAIRMAN. Thegentleman is out of order. The ques- tion is upon the adoption of the section. All those in favor of the motion will say aye; contrary no. The chair is in doubt. All those in favor of the motion will rise and stand until counted 1C. Those opposed 9. The ayes have it; the section is adopted. !Tliis disposes of File 89, if there are no further amend- ments. Mr. POTTER. I move the adoption of an additional sec- tion. "The legislature at its first session shall provide for the election of all county and precinct officers, to be held as soon as practicable." Mr. CHAIRMAN. Gentlemen, you have heard the motion. Are you ready for the question? Mr. POTTER. I desire to explain the reason for that sec- tion. In this schedule we have provided for an election for PROCEEDINGS AND DEBATES. 783 state and district officers, and district judges, and the reason we made no provision for the election of county officers was the very evident one that in this constitution we have omitted to provide for any county officers. A section was adopted pro- viding that the legislature shall provide for the various county officers. That, is left to the, legislature according to our pres- ent action, and we have provided for no election of county offi- cers. This schedule provides that the officers of the territory shall hold their offices for their full term and until their succes- sors are elected; this schedule provides that the election next November at which county officers will be elected, shall be omitted, so I offer this section providing that the legislature at its first session, at w^hich it will provide the different county officers, shall also provide for calling an election for those offi- cers. It seems to me necessary that we have something of this kind in the schedule. Mr. ROLLER. It seems to me^ this whole difficulty could be reached without a special election. We have provided here that at the first state election the ity report without an amendment of that kind. The reason I object to the majority report is that it provides salaries for offi- cers which we have not created, w T hich we left to the legisla- ture to create, as we have almost all these county offices, and one county officer which we have provided for, a clerk of the court, has not been provided for at all in this report. Mr. HAY. The gentleman has evidently not read the fifth line of Sec. 1. .-"That the legislatures can fix the salaries not fixed here. If it is desired the salary of the clerk can be put in here. But in regard to the argument of Mr. Riner, it seems to me hardly worth while to pay the sheriff the amount he is paid in this county at this time. Let us take the office of treas- urer for instance. The question is whether w r e want to take a man and elect him treasurer, a man that could not earn over three thousand dollars in any other position and pay him eight or nine thousand dollars a year, as we do today. That is the question this bill is intended to meet. We should not have any half way about it. If we allow fees and salary, the fees are the main thing looked after. The part of the duties the salary is paid for is looked after by somebody else, and the collection of the fees is the main business of the office. It must be either salary or no salary, cut off the fees, or else discontinue to pay the large salaries we are, now paying. That is the way it strkes me at least. Mr. RENTER. I would like to ask Mr. Hay a question. Is it not better and are not our taxes collected better for paying the treasurer a percentage upon the taxes collected than by paying a salary which he gets whether he collects the taxes PROCEEDINGS AND DEBATES. 803 or not? In the case of the sheriff, I would ask the gentlemen of this committee this question. Is the sheriff when he is paid a salary going to use tin* same diligence in matters of attach- ment, where he has got to go fifty or seventy miles to get hold of the property. -'t t<> bear the expense of taking care of that property until it is disposed of by order of the court? Is it as good a i>ini'-< rion to us that he shall have the same salary whether he does it well, or only half does it? Is it the same protection to the citizens? We will find it will work very bad- ly in my judgment. I believe, as far as this question is con- ceined, as far as we ought to go would be to provide that the legislature of the state of Wyoming may provide either sal- aries or fees or both. This is a salary fur the business of the vState. and fees in civil cases. I think an officer will render bet- u-i service than they will with this salary business, for in col- lecting the fees and turning them into the state or county tivasury. they will amount to almost nothing, and the officer will not be nearly as efficient, if he gets the same salary wheth- er he does his work or does not do it. And I think we should consider this matter very careful before we settle it. Mr. HAY. Mr. Riner asks me if the treasurer will not be more diligent in collecting the taxes if he is paid a percentage on what hn collects? Will the agent of the Union Pacific rail- road company be any more diligent in collecting freight for which he has a certain voucher to collect, on a percentage than <>n a salary? If he don't perform his duty he is discharged. The same rule should apply to tax collectors. I cannot see any reason why officer's working for the public should not work on business principles. You take a man in any walk of life, a judge on the bench, we don't expect him to render any better service whether he has a salary or fees. The only exception is in a few county officers. In the city of Cheyenne the clerk is paid a salary, as I understand it, and the fees go to the city, NM\V I thiuk as between the work of the t\vo, the work of the city clerk is just as well done as the work of the county clerk. If an officer will not do the work properly on a salary, he is not a proper officer, if it is only the fees that he can make that makes him do his work properly he is not a proper man for the place. I think the legislature ought to provide that if he does not perform his duties properly, that he should be discharged the same as a railroad employe or any other person. Mr. CLARK. I am not entirely in favor of the minority re^ pm-t nor of the majority report. Of the two I am in favor of the minority report. I believe in the payment of officers, there are officers who should be paid a salary, and some who should be paid fees, and I believe with Mr. Riner that the sheriff is one that should fee paid by fees. I am opposed to the majority re port because I am opposed to the limits that are placed upon 804 CONSTITUTIONAL CONVENTION. some of the officers. I don't believe any officer should have exhorbitant fees, but I believe that every man working for the state, county, a corporation or individual, should be paid what his services are worth. I don't believe the assessors as listed in the majority report is paid a sufficient amount. I am in fa- vor of the minority report because it leaves all these things to the legislature. What services in Laramie county may be worth now may be a very different thing in five years from today. I believe that the assessor is one of the most import- ant, if not the most important, officer in all our county govern- ment. Mr. HAY. How many months in the year does the assessor work ? He gets his work done inside of four months. Mr. CLARK. The county assessor of Uinta county cannot do all the work of the county now, and if we are going to com- mence growing with the adoption of this constitution, and grow as we think we shall grow, there will be very few coun- ties in the state within the next two to four years where the work can be done without requiring additional work. The argument made by Mr. Hay in regard to a railroad company is not a proper one, for this reason. A railroad corporation is one of those things that trusts no man. If the company has a freight bill against me I have got to pay it before I get the goods. I have got to pay it at once, and the duties of the agent end then and there. He don't have to go round hunting me up to get it after I get the goods. The duties of the treasurer or collector are very different. They have to rustle around and see that these taxes are paid, and as I have said before on this floor, I believe we are going to have future legislatures who aro honest and will be just as capable of judging what these men ought to have as we are here today, and I say in good faith that these things ought to be left to the legislature, and I believe they will be out of place in this constitution. If it goes in there it would be advice to congress that we have been in the habit of paying too much, that we have had men who have been re- ceiving more than their work was worth. I don't believe in the principle in the first place, and the application in the second. I believe of the two evils that the minority report is the least. Mr. CAMPBELL. If I have gauged the temper of this con. vention and the people this convention represents, I think that they are all in favor of salaries to be paid to all county officers. That seems to be the general impression everywhere. That they should be all salaried, and if you don't put that in the con- stitution you will never get it by legislation, it makes no differ- ence how honest the legislature is. Take Colorado for an il- lustration. I don't think that Denver was any larger, had any more population or taxable property than Laramie county has, in 1870, when Colorado was admitted into the union, I think it was just about the same, and look at the state of affairs there PROCEEDINGS AND DEBATES. 805 now. I think you can get a good man to perform all the duties of any efticn in the state of Wyoming for three thousand dol- lars, and when the time comes that you can't, by that time we will need a new constitution. You can get a bank cashier for three thousand dollars a year, you can get a man to take* charge of any important business for thret* thousand dollars a year, and I think it requires more ability to perform some of the du- ties in some of the positions I have mentioned that it requires in any of the county offices. I recognize the force of the objec- tion raised that it would make the officers a little more negli- gent in the performance of their duties, and private interests in civil cases might suffer thereby, and to illustrate that I will merely refer to a state that some of these members come from Pennsylvania. In the constitution of 1873, they provided in the constitution that cities and counties with over one hun- dred and fifty thousand inhabitants, that county officers should be salaried, and not paid with fees. In accordance with that provision in the constitution, the legislature fixed the salaries in the city of Philadelphia, and fixed the salary of the sheriff's office at fifteen thousand dollars, and the prosecuting attorney at fifteen thousand dollars, and the recorder at about that much, and the office was supposed to be worth from litty to sixty thousand dollars in the fees they received from civil pVocesses, etc. I have never known the fees collected by that office to pay the salary of the sheriff and his deputies since the estab- lishment of the constitution of Pennsylvania, since that law went into force. Before that the sheriff was obliged to pay himself and his deputies out of the fees that he, received in this office, and strange to say the city of Philadelphia had to make an appropriation to pay the salaries of the sheriff and his dep- uties, because the fees he had collected from the processes in his office were not sufficient. The reason of that was simply that the sheriff had been negligent in looking after the fees, where he would have been very diligent if he had been allowed to put these fees into his own pocket. To meet that objection, and I see the force of it, I think that the sheriff's should be al- lowed a certain per cent of the fees in addition to his salary, as an inducement to collect the fees, and there should be an- other provision, (I don't exactly like either of these bills), that if the fees of the office did not meet, the salary stated in this bill, that they should not receive any more than the fees, and that would be an additional inducement to collect the fees. This w r ould meet the objections made by Messrs. Riner and Clark, and will make them more diligent, by providing that unless the fees equal the amount of the salary, they shall only receive the amount they have collected. Mr. HAY. Mr. Clark says that the comparison T draw be- tween an employe of the Union Pacific railway company and the treasurer is not correct, and that the Union Pacific agent 806 CONSTITUTIONAL CONVENTION. does not have to rustle up the freights, but that the treasurer does. I would like to ask him if it is the treasurer that goes out and rustles up the taxes. I think it is the tax paver that has to do that. I don't know of its ever having been'done in this or any other county I ever heard of. Look at our delin- quent taxes, and I venture to say that the treasurer never set. his foot outside of his office to collect them. I never heard of its having been done, jl say if he is a good man he would work as well for a salary as for fees. I think the cases are almost exactly equal. Each is here to look after large interests, but in the one case there is an executive officer that keeps him up every day to a strict account, and in the other case it is the; public, and the officer that serves the public don't check up the officers that are under them. The county commissioners for instance, if they would check up the officers under them, as do railroad companies, there would be no trouble about this mat- ter at all. We have provided for a state examiner. Now a portion of his duties will be to see that these fees are properly collected, as provided by law, and if upon examination it Is found that they have not been properly collected, it is his duty to report that fact to the county commissioners, and they should hold the officer so failing in his duty, responsible for it. By a little attention a great many of these defects would be remedied. But the main object of all this is to provide some way by which the exhorbitant expenses of the county can be cut down. I think the gentlemen who feared the expense of an independent supreme court will find a good deal of comfort in this bill, and the committee who prepare the address to the people can refer to this measure, that it will save a great deal more money to the taxpayer than the independent supreme court costs. It would save as much money in this county alone as an independent supreme court would cost the entire state, I might say a great deal more, but I want to be entirely within reason. Why imagine what we pay three officers in this county. I have been doing a little figuring on this question, and find that we pay three officers in this county about twenty- five thousand dollars. Under this bill we would pay only about ten thousand dollars, and fifteen thousand dollars would go into the treasury. Even suppose they failed, as has been suggested here, to collect one-half of the fees, there would be even under these circumstances seventy-five hundred dollars saved. Without the seventy-five hundred dollars we don't col- lect we will say, seven or eight thousand dollars, and also stop the paying of salaries that they cannot command any- where else. Mr. COFFFEN. I am opposed to this minority report for some reasons. In the first place, the gentlemen from Uinta county that seemed to favor it, if he will examine it, he will- find it cuts him off from the very points he wants to secure,, PROCEEDINGS AND DEBATES. 807 just as much as the other, and it don't answer any of the de- mands he seems to think it, does. I am in favor of the majority report, because it takes up this question and classifies our offi- cials. That is what the people of our country demand. They do not want this convention to touch the question of county salaries. They will not think more of this convention or the constitution if the question is touched concerning the amount of salaries. I believe they will approve of your action if you say that you have allowed a reasonable compensation for the service rendered, according to the amount they could demand in their different avocations. They would also be influenced in favor of your work, as you will be able to show by the adoption of this majority report that you have saved your state seventy- five thousand dollars a year. I have done some figuring on this. I will speak to the point now. As we go through this majority report, we will find that there are three classes of counties, those with an assessed valuation of two million, those not exceeding five million, and those having more than five million. I believe this is a good classification. If you will look at this majority report, you will see that if it is neces- sary it can be amended to meet the demands of the various counties in which .we reside, as we see proper. This can be more easily amended than the other, and we can sooner get the good results sought for in following the majority report than the other. As I have said before I have done some figuring on this question. In the counties not exceeding two million as- sessed valuation, forty-five hundred dollars is provided for in this majority report as the expenses of these five county offi- cials. I have also examined into the statutes and discovered what these same officers cost us under the present law, and I have discovered in these smaller counties, instead of being forty-five hundred dollars, it amounts to over ten thousand dollars. Sometimes our treasurer w r ill get one-half as much as all these five officers ought to receive in these smaller coun- ties, or nearly so. So we will save more than one-half in the smaller counties by adopting this majority report. I just^wish to call your attention to this minority report for a moment. Is it provided that no officer in any county shall receive a larg- er amount than three thousand dollars, so the salary of these five officers will be fifteen thousand dollars under the minority report, which you favor. For I think it is very probable they will get very near to the limit which you have provided, and that is what (I wish to avoid, these excessive salaries. But to return to the present law. Our sheriff gets three thousand dollars, and in fees from one to two thousand dollars more, ap- proximately then he receives four thousand dollars. Our coun- ty clerk gets fifteen hundred dollars, and fees from fifteen to two thousand more, and I am putting it low on fees, when 1 say fifteen hundred dollars every one will admit, so that makes SoS CONSTITUTIONAL CONVENTION. throe thousand to the county clerk. Our county treasurer gets fifteen hundred dollars, by law, and fifteen hundred more in fees, and about five hundred dollars as probate judge, this last is an estimate, only approximately it may be less, and it may be more, and our assessor gets five hundred dollars and the per- centage, which will make I presume about eight or nine hun- dred dollars in all, and the superintendent of schools gets five hundred dollars. Thus you see under our present law it costs us more than ten thousand dollars, and this majority report cuts it down to forty-five hundred dollars. So, as I have said, in our small counties the saving is one-half, and take it in your larger counties the saving is even more than one-half. It is ideally more than one-half in all, but I have tried to, be very reasonable in this estimate, but as near as I can figure it, it is on an average of seventy-five hundred dollars per county, or seventy-five thousand dollars in the whole state. Now r just one word in reference to fees. There is some force in the argument made by 'Mr. Riner that the administra- tion of the sheriff's office will be better in civil cases if he be allowed his fees. I think there is force in that, but after all it is but a question of official duty, but if the legislatures are what you believe they are, and what I believe they are, they will provide against this. But by adopting this majority re- port you put all temptation out of the way of future legisla- tures, to overlook this matter, for you have fixed it tor them, so I think, gentlemen, we will secure what we want, what the people want, by adopting this majority report. Mr. CAMPBELL. I offer the following as an amend- ment to Sec. 4, to be inserted between the sixth and seventh lines of Sec. 4: "Provided further, that the county officers shall not receive salaries in excess of the fees earned and collected by them, and provided further, that in addition to said salary, they shall be permitted to retain out of the fees earned such, commission as the legislature may provide for collecting the same.' 1 Mr. PRESTOX. I don't know that I am exactly in favor of either the majority or minority report presented, but I am opposed to the amendment offered by Mr. Campbell. My rea- son for being opposed to that amendment I will state briefly, and it is this. If there is a single county officer required in any county in this territory it is a sheriff, and that office is re- quired to be filled by a good man, and I pride myself in speak- ing on behalf of the county I represent, that we have one of the best sheriffs any county ever possessed, and under this pro- vision no such man could ever be called upon or would consent to fill the oflice of sheriff. In the first' place, sir, the office of sheriff in a county like Johnson, Fremont, Sheridan or Crook, the fees of the office would not pay his living expenses, and to PROCEEDINGS AND DEBATES. 809 place a clause in the constitution that says the county officers shall not receive a salary, only sut-h salary as the fees would pay, would be placing- those counties in a position where they could not have a sheriff. Mr. CAMPBELL. If the legislature should provide that they should have the fees? Mr. PRESTON. No, sir, even if the legislature should pro- vide fees for civil cases and criminal processes, it would not pay the sheriff. I dare say that the sheriff even in the dis- charge of his duty in a county like Fremont, in the service of civil processes, where he is frequently compelled to ride i'rom seventy-five or a hundred miles to serve that process, that even with the fees allowed, he makes very little more than his ex- penses in going and coming from the place in serving the pro- cess, and (I am in favor of county officers being paid a salary. I believe that it is the sense of the convention, as well as the people of the territory, that there should be a change in the system of paying their county officers, and while I believe the sheriff should be paid a salary, Ijbelieve he should be entitled to receive in addition to his salary the fees that are allowed by law for the service of processes. Let the salary be cut dow r n from $1,250 in counties wiiere the assessed valuation is two and three millions, and pay him a thousand dollars and allow r him all fees for serving civil processes'. There is no question but what if you compelled the sheriff to accept a certain fixed amount, and not allow tiiin any fees for serving civil processes, for, my friends, if he has occasion to ride a hundred miles to serve it in winter, do you suppose he is going to put himself out to ride that far, if he is allowed the same amount if he stays at home, and so far as leaving the legislature to fix part of it, I think you had better leave it to fix them, and I am very much surprised at some gentlemen on the floor of this conven- tion who are unwilling to leave anything to the legislature. I have heard it so long and so often that it has become stale, and I heard it so much before I went broke on Deronda I was afraid to meet a member of the legislature. If it is necessary to fix the salary of the sheriff, if it. is necessary to fix the sala- ries in this constitution of these various county officers, let us fix it, but i f i the name of Heaven give the legislature a rest. Mr. MORGAN. So far as to whether or not a public officer will discharge his duty faithfully, /I think we must take it for granted he will. People elect men to office, and they elect men who in their judgment will do that velry thing. Now I think the people expect that we will adjust that matter, I know they do, that we must see to it that the people's money is not squan- dered. I have not been favorable to too low salaries, but when the fact presents itself to us, we have provided for a governor to receive twenty -five hundred dollars as his compensation, Sio CONSTITUTIONAL CONVENTION. and that governor will be called upon for thousands of expen- ditures that we cannot anticipate, for matters in the line of his duty, and twenty-five hundred dollars is all that is pro- vided for the supreme court as compensation for them. Now it $s our duty to see to it, for in the) first place every officer elected or appointed is elected to perform the people's work, and the people have the right to fix the compensation and have the right to fix it at a reasonable .sum, and that is what we ought to do, and not to permit any man in this territory to re- ceive three or four times the salary of the governor, for work not so frequent, that does not require so large a iield of knowledge, so much ability or so much work, and the same way with the supreme court. I favor myself this majority report, and think what Mr. Hay has said, he is a business man and un- derstands that kind of thing, is very nearly right. It may be necessary to put in some amendments about civil case fees, and let that be done, but let us stick to the main question, and fix these salaries at a reasonable figure. Mr. McCANDLISH. I look at this thing as a pure matter of business. To get this work well done for the amount least possible. There is nothing in this majority report which says they must receive the amount that is called for here. The leg- islature can fix that amount. Of course if the members from Laramie county wish their sheriff to have more pay than they do the governor, why it is all right for them to do so. Mr. HOYT. I have never held a county office, and have no familiarity whatever with the peculiar ways that seem to at- tach to these offices, but would like to have some gentleman in- form me what it is in the nature of a few county offices so different from offices in general, that should make it impossi- ble for them to perform their duty in those offices? We have had the question raised but not answered. Now I wish to say in general terms that in having statehood we will have ad- ditional expenses to assume, and it is important that we look carefully to all these matters, which though small in each indi- vidual matter, are very great in the aggregate. In my judg- ment to pay to any county officer five, six or nine thousand dollars is an outrage upon taxpayers and money simply thrown away. Mr. HAY. Jt has been urged here that a larg k amount of the fees that should belong to the county and state will not be collected through the negligence of the officer, and as this is- not tho proper time to offer an amendment, I want to suggest when 1 it is propefr time that there be added to Sec. 2, at the close of the section, ending "and shall pay the same into the proper treasury when collected," there be added, "and the offi- cer whose duty it is to collect such fees shall be held responsi- ble on his bond for neglecting to collect the same."- They can be held responsible the same as any one else. PROCEEDINGS AND DEBATES. Si I Mr. FOX. I think we are all off the track. There is a sen- sible view of this matter which ought to be taken. Commenc- ing with the precinct officers, I think they should not be paid by feesl, because if paid a salary it conies out of the county treasury. If by fees the people pay for it. Therefore we will be out of pocket. When it conies to county officers certain of them should be paid by fees. I think the sheriff should have a stated salary, and I think he should have fees for the reason stated by Mr/Preston, if he is paid a salary and gets nothing else, when he has a process to serve on a cold day he don't go because he don't get paid for it. You cannot do his business without you furnish the sheriff a number of deputies to do the work, because he is not going to do it himself. You have got to make that provision. In counties of the third class you will have to furnish the sheriff with deputies, at least one hundred dollar^ a month, you Avill need at least three of them under this system. If you pay your sheriff three thousand a year he is not going to go himself, but is going to sefrd his deputy every time there is anything to do out in the country. While under this other system he will have but one deputy, and they will do all the work and get the fees, but you take away the fees, and he will require three deputies at a hundred dollars a month, to be paid out of the county treasury, and under the other system it comes out of the litigants. The same way with the recorder. You pay your recorder fifteen hundred dollars a year and he gets the fees for recording, he w r ill put in four teejn hours a day in his office if he has got the work to do. 1 know this by experience, and the fees he will save because he does the work he earns. But if you pay him fifteen hundred dollars a year and the fees go to the county treasurer, what does he do? He does not record a single page on the record. You have to furnish him deputies who will do the work, and it will take all the fees to pay those deputies and more too. You have either got to have deputies or fees. If the county clerk makes more money out of his office than you think he is enti- tled to, cut down the fees. Make the fees small enough so as to equalize the business as it should be. 1 tell you, gentlemen, that is the only way this thing can be fixed and be ri, writ of at- tachment and he wants it served immediately a hundred miles from the county seat. You take that writ to the sheriff ana say I want it served, and the law requires him to perform his duty. Suppose he says to you I have anotner duty to per- form, he has another paper in his pocket not as important as this writ of attachment. If you undertake to enforce a law against him requiring him to serve I his writ, you investigate it, and investigation shows that he is engaged in the perform- ance of some other duty, and I say to you that this thirty per cent wont rectify that mistake. If a man has to pay his ex- 816 CONSTITUTIONAL CONVENTION. penses, if he has got to pay for the hire of horses, for if he* don't keep them it is necessary for him to, hire them, if he has got to pay for their feed going and Doming, he can save noth- ing out of the fifteen cents a mile allowed him, and I say to you gentlemen if there is an office- 1 within the territory of Wyoming that is a good servant, and one. that ought to be paid, it i^ the sheriff. ;If in these iitt.c outside counties wliere the people are complaining of the crime that is committed and the property stolen, you want to be protected and still you want to ask a man to jeopardise his life and take the po- sition for one hundred and twenty-five dollars a month and pay his own expenses in serving processes, when it will cost him. that much to live. There is no question but in some counties the officers have been receiving too much, but. I don't believe in trying to starve a sheriff to death, c specially in these little outside counties, in order to rectify a wrong done in other counties paying their officers too much. Mr. HAY. I only want to say in reply to the gentleman that there is nothing in the majority report which precludes the payment of expenses in addition to the salary. We fix the salary of the governor of the state, but we don't say that that shall include his office rent or anything else. Or that we prevent his expense/8 being paid. Salary means salary, that is what he is paid for his work. Mr. GRANT. I would like to offer an amendment to the amendment offered by Mr. Baxter, by making the schedule fifty, thirty and fifteen per cent. Mr. BAXTER, Second the motion. Mr. CHAIR^LVN. It is moved and seconded that Mr. Bax. ter's amendment be amended so as to read fifty, thirty and fif- teen per cent. Are you ready for the question ? All in favor of the amendment offered by Mr. Grant will say aye; contrary no. A division is called for. All in favor of Mr. Grant's amend- ment will rise and stand until counted 14. Those opposed will riso 15. The motion is lost. The question is now on Mr. Baxter's amendment. All in favor of the amendment offered by Mr. Baxter will say aye; contrary no. The noes have it-; the amendment is lost. Mr. HOLDEN. I desire to offer as a substitute to Sec. 3 of the majority report the following: "The legislature shall by a law, uniform in its provisions, provide for and regulate the fees of all county officers, and for this purpose may classify the counties.' 1 I don't like that amendment. I think we should provide salaries instead of fees for the county officers. I think nine- tenths of the people demand that they shall be salaried in place of this fee system, which has b^en so abused. I think this- word salary must be put in some place, as to the amount that is a very indefinite matter. . ROCEEDINGS AND DEBATES. 817 Mr. JOHXSTOX. I want to make an amendment. Strike out all of the minority report and all of the majority report after the second section, and add to the second section, "and the officer whose duty it shall be to collect such fees shall be held responsible on his bond for neglecting to collect the same." Mr. CAMPBELL. I move this committee now rise, and re- port these tiles back to the committee on salaries of public officers, to take action and report again this afternoon. Mr. HAY. You might just as well lay it on the tt^ble at once, for the majority of this committee will refuse to take it back. We got up this report in good faith, and there is no good in sending it back to us. The question might just as well be settled by this convention. Mr. HOLDER. I want to withdraw my amendment, and second Mr. Johnston's amendment to strike out all of the majority report after the second section. Mr. BAXTER I want to say a word before that is settled. I am in favor of the few words added to Sec. 2, but I am much opposed to striking out t,he balance of it. If the legisla- ture can fix these salaries so they will be right, w T e can fix them. Some gentlemen here oppose this because they say it is legislation, and hence not a proper thing to put here. But we have legislation of all kinds in this constitution, so that has nothing to do with it. If we are, going to do our duty to the people we must fix this matter soi as to cut down the ex- penses in these counties a^ they exisit, today. I have not any desire to cripple the efficiency of the officers in these counties which have a small population, as some of the gentlemen here seem to think would be done, and I want to do whatever is reasonable and just in this matter, but, the people are looking to us to do this, and I think we ought to do it right here. And I am therefore opposed to that part of Mr. Johnston's amend- ment which strikes out Sec. 3 Mr. COFFEEN. I am opposed to this motion to strike out. If you strike out this Sec. 3 you will see the same extravagance in county offices, you go back and this is left just where it was before, and you have squandered the seventy-five thous- and dollars on which you could have argued and fought for the ratification of this constitution. Is it nothing to this con- vention to protect the people to the extent of seventy-five thousand dollars? Is it nothing that you have demanded as individuals that the salaries shall be fixed, and fixed reasonably according to the service to be performed? Is it nothing that you should pass it by and not touch the question and do the duty that is expected of you? The little addition that the gen- tleman from Laramie ha,s made to Sec. 2 I am in favor of, but when he moves to strike out this section which provides for 52 8iS CONSTITUTIONAL CONVENTION. the salaries for the three classes of counties, I am opposed to it. I am myself in favor of a reduction in salaries to a reas- onable amount, and this section provides for a reasonable amount, or very nearly so. Let us abolish this system which Ir. RINER, I move the report be adopted. Mr. PRESIDENT. All in favor of the, adoption of the re- port of the committee of the whole will say aye; contrary no. The ayes have it; the report stands adopted. Mr. RINER. I move we take a recess until half past seven this evening. Mr. PRESIDENT. It is moved and seconded that we now take a recess until seven thirty this evening. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes havet it ; the motion prevails. 820 CONSTITUTIONAL CONVENTION. EVENING SESSION. Friday evening, Sept. 27. Mr. PRESIDENT. Convention will come to order. Mr. BURRITT. I move we go into committee of the whole for consideration of the general file. Mr. PRESIDENT. Gentlemen, you have heard the motion. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it. We are noAv in committee of the whole. Will Mr. Burritt take the chair? Mr. CHAIRMAN. We have before us for consideration the substitute for Files 61, 65, 80 and 83. We were discussing Sec. 3 when the committee arose. Are there any further amend- ments to Sec. 3? Mr. BROWN. I move to amend Sec. 2 by adding to the section, "Provided that in addition to the salary of sheriffs they shall (be entitled to receive from the party for whom the services are rendered in civil cases such fees as may be pre- scribed by law." Mr. CHAIRMAN. Gentlemen, you have heard the motion. Are you ready for the question? All in favor of the amend- ment to Sec. 2 as offered. toy Judge Brown will say aye; con- trary no. The ayes have it; the motion prevails. Sec. 2 is so amended. Mr. GRANT, tin the seventh line where it provides that the county assessor shall be paid five hundred dollars per year, I move to strike out "five hundred" and insert "one thousand." Mr. CHAIRMAN. Gentlemen, it is moved and seconded that in the seventh line of Sec. 3 the words "five hundred dollars" be stricken out and "one thousand dollars" inserted. Are you ready for the question? Mr. COFFEEN. I do not wish to retard the business of the convention, but on behalf of one of the three counties which are included in this class, I would prefer to wait a little, to have an idea of what is to be done in the other counties that are represented in thevse other two classes, on which I shall have to vote. Mr. CHAIRMAN. Gentlemen, you have heard the motion. Are you ready for the question? All in favor of the motion will say aye; those opposed no. The ayes have it; the motion prevails. Mr. GRANT. In line seventeen, I move to strike out "seven hundred and fifty" and insert "twelve hundred." Mr. CHAIRMAN. It is moved and seconded that in the seventeenth line the words "seven hundred and fifty" be strick- en out and "twelve hundred" inserted. Are you ready for the PROCEEDINGS AND DEBATES. 821 question? All in favor of the motion will say aye; contrary no. The ayes have it; the motion prevails. Are there any further amendments? Mr. HAY. In Sec. 3 in the fifth line, after the words "county clerk" .11 want to insert the words "the county and prosecuting attorney shall not be paid more than twelve hun- dred dollars a year." Mr. CHAIRMAN. It is moved and seconded that after the fifth line there shall be inserted the following-, "the county and prosecuting attorney shall not be paid more than twelve hundred dolla-rs per year." Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the motion prevails. Mr. HAY. Between the eighteenth and nineteenth lines insert "the county and prosecuting attorney shall not be paid more than fifteen hundred dollars per year." Mr. CHAIRMAN. Gentlemen, you have heard the motion. Are you ready for the question ? All in favor of the motion of Mr. Hay will say aye; controry no. The ayes have it: the mo- tion prevails. Mr. HAY. Between the twenty-eighth and twenty-ninth lines insert "the county and prosecuting attorney shall not t>o paid more than twenty-five hundred dollars per "year." Mr. CHAIRMAN. Gentlemen, you have heard the motion. Are you ready for the question? All in favor of the amend- ment offered by the gentleman from Laraniie will say aye; contrary no, The ayes have it; the motion prevails. Mr. HAY. It has been suggested by some on this floor that some provision be made for the cleric of the district court, but I prefer that some one else make the motion. Mr. GRANT. I move that Sec. 4 be stricken out, I don't .think -it is in quite the right shape. Mr. BAXTER. Second the motion. Mr CHAIRMAN. It is moved and seconded that Sec. 1 be stricken out. Are you ready for the question? Mr. COFFEEN. I move to amend that by adding and in- serting in lieu thereof the following: "The legislature shall provide by general law for such deputies as the public neces- sities may demand, and fix a reasonable compensation there- for." Mr. GRANT. Second the motion. Mr. CHAIRMAN. Gentlemen, you have heard the motion. Are you ready for the question? All in favor of the motion by Mr. Coffeen will say aye; contrary no. The ayes have it; the motion prevails. The section is so amended. Any other :amendments? 822 CONSTITUTIONAL CONVENTION. Mr. FOX. I don't think it is good policy to rush through at railroad speed. I think if the clerk of the court is required that we should fix his salary. Mr. CHAIRMAN. Are there any further amendments? Mi 1 . GRANT. I move to strike out the words "three hun- dred" in the eighth line and insert "five hundred." Mr. CHAIRMAN. It is moved that "three hundred" in the eighth line be stricken out and "five hundred" inserted. Are you ready for the question? All in favor of the motion will" say aye; contrary no. The ayes have it; the motion prevails. Mr. GRANT. In the nineteenth line I move to strike out "five hundred" and insert "seven hundred and fifty." Mr. CHAIRMAN. Gentlemen, you have heard the motion. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ay els have it; the motion pre- vails. Mr. FOX. For the last class I think the salaries are too high. )I move to amend by striking out in the twenty-second line "three thousand" and making it "twenty-five hundred.' Mr. ORGAN. Second. Mr. CHAIRMAN. Gentlemen, you have heard the motion. Are you ready for the question? All in favor of the amend- ment offered by Mr. Fox will say aye; contrary no. The ayes have it; the motion prevails. Mr. FOX. In line twenty-three strike out "twenty-five hundred and insert "two thousand" per year. Mr. CHAIRMAN. Gentlemen, you have heard the motion. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the motion pre- vails. Mr. FOX. In line twenty -five strike out "twenty-five hun- dred" and insert "two thousand." Mr. CHAIRMAN. Gentlemen, you have heard the motion. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the motion pre- vails. Mr. FOX. I move to insert between lines twenty-six ana twenty-seven "The county and prosecuting attorney shall be allowed two thousand dollars per year." Mr. COFFEEN. Second. Mr. CAMPBELL. I have been a partner of two of the pros- ecuting attorneys of Laramie county, and I will say right here he is poorly paid at two thousand five hundred dollars. I would not take the office in this county, and do the \vork that the prosecuting attorney has had to do during tin* last three yeas for twenty-five hundred dollars a year, and get the abuse he does. Twenty -five hundred dollars is too low for the pros- ecuting attorney of this county. PROCEEDINGS AND DEBATES. Mr. HAY. I think it ought to bo left as it is. I* is a very important position, and we ought to make it enough so as to- be able to get a good man to be willing to take the place. Mr. RtfNER. I would not do the work for less than twenty- five hundred dollars. Mr. COFFEEN. I have just a word to say on this. It seems to me that we ought to leave this to the wishes of the gentlemen of Larainie county. Let them decide the question for themselves. Mr. CHAIRMAN. Gentlemen, you have heard the motion to make this salary of the county attorney two thousand dol- lars. Are you ready for the question? All in favor of the mo- tion will say aye; contrary no. The noes have it; the motion is lost. The salary stands at twenty -five hundred dollars per year. Any further amendments? Mi'. HAY. I am not satisfied with that amendment which Judge Brown put in, about sheriffs retaining all the fees, and I now move to amend to give him fifty per cent of all the fees in civil cases. Mr. CHAIRMAN. Gentlemen, it is moved and seconded that the sheriff in civil cases shall receive fifty per cent of the fees. Are you ready for the question? Mr. HARVEY. I will say in explanation that these civil fees will not amount to anything in our county, it is nothing like what it is in these larger counties. Where the principal money is made by the sheriff in Larainie county and Albany county, as I understand it, is in boarding the prisoners, as I understand they Jboard them for about twenty cents and get jsixty cents. Mr. HAY. It seems to me that the argument used here so often this afternoon that the fees come out of the litigators pockets don't cut any figure, if they come out of the litigators pockets and go into the county treasury it is all right, and I don't see any reason why you cut down all these other officials and still leave the shoriiFs salary about the same, and let them have all the fees. Mr. GRANT. I move to cut that down to two thousand., strike out "three' in line twenty-two and insert "two" in- stead. Mr. CHAIRMAN. The motion is pending to reduce the amount of his foies to fifty per cent instead of giving them all of it. Mr. COFFEEN. I shall vote for this because it will help reduce the expenses of the county down one-half. Mr. CHAIRMAN. Are you ready for the question? All in favor of the motion to reduce this to fifty per cent will say aye; contrary no. The noes have it; the motion is lost. 824 CONSTITUTIONAL CONVENTION. Mr. GRANT. I now move to strike out "three thousand" and insert "two thousand" in the twenty-second line. Mr. CHAIRMAN. Gentlemen, YOU have heard the motion of the gentleman from Albany. Are you ready for the question? All in favor of striking out the word "three" and inserting "two" in lieu thereof will say aye ; contrary no. The ayes hare it; the motion prevails. Any further amendments? Mr. RINER. I move when this committee arise they report back this file with the recommendation that it be adopted as amended. Mr. CHAIRMAN. Gentlemen, I will put the question in just a moment, but want to call your attention to t,he fact that you have left out one county officer who makes more money than any other county officer in proportion to the amount of work he does at least in our county. I allude to the county surveyor. Mr. RINER. I will withdraw my motion for the purpose of having the county surveyor put in. Mr. CLARK. I move to insert after the last line in 8ec. 3 the following: "The county surveyor in all counties shall re- ceive eight dollars per day for each day actually employed." Mr. BROWN. I rise to make an inquiry. Are not county surveyors paid by contract for all that they do? Mr. CHAIRMAN. I would simply say in answer to that that the compensation of county surveyors is fixed by law T at so much per day with expenses and deputies thrown in, until the amount counts up enormously, at least it does in Johnson county. Gentlemen, you have heard the amendment of Mr. Clark. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the mo- t^on prevails. Mr. HOLDEN. I would like to inquire whether we have made any provision with reference to the salary of the dis- trict clerk. Mr. CHAIRMAN. It is provided for in the legislative file. Gentlemen you have now disposed of the substitute for 61, 65, 80 and 83. What is your pleasure? Mr. RINER. I move when this committee arise they re- port back this file with the recommendation that it be adopted as a part of the constitution. Mr. CHAiIRMAN. (Icnilrmrn, you have heard the motion. All in favor of the motion will say aye; contrary no. The ayes have it; the motion prevails. Gentlemen, the next thing on the general file is proposition No. 02, which I believe was not printed. The clerk will please read it. (Reading of proposition No. 92.) "The homestead as provided by law shall be exempt from forced sale under any process of law, and shall not be alienat- PROCEEDINGS AND DEBATES. 825 ed without joint consent of the husband and wife, when that relation exists, but no property shall be exempt from sale for taxes, or for the payment of obligations contracted for the purchase of said premises, or for the erection of improvements thereon." Mr. BROWX. I move when this committee arise that file be reported back with the recommendation that it be then adopted. Mr. CHAIR-MAX. Gentlemen, it is moved and seconded that when this committee arise they report back File 92 with the recommendation that it be adopted. Are you ready for the question? All in favor of the motion will say aye; con- trary no. The ayes have it; the motion is carried. The next matter for your consideration is the report of the joint committee on sections to be substituted for certain sections in the schedule. The clerk will read the substitute for Sec. 20. "Members of the legislature and all state officers, district and supreme judges, elected at the first election held under this constitution shall hold their respective offices for the full term next ensuing such election, in addition to the period intervening between the date of their qualification and the commencement of such full term." You have heard the substitute. Are you ready for the question? All in favor of the substitute as reported by the joint committee will say aye; contrary no. The ayes have it; the motion prevails. The secretary will read Sec. 21 as reported by the joint committee. "If the first session of the legislature under this constitu- tion should be concluded within twelve months -of the time designated for a regular session thereof, then the next regular .session following said special session shall be omitted." The question is on the substitute. All in favor of this sub- stitute will say aye; contrary no. The ayes have it; the sub- stitute is adopted. For Sec. 22 the committee recommend this substitute: "The first regular election that would otherwise occur following the first session of the legislature shall be omitted, and all county and precinct officers elected at the first election held under this constitution shall hold their offices for the full term there- of, commencing at the expiration of the term of the county and precinct officers then in office, or the date of their quali- fication." Mr. POTTER, This is the section that created the most difficulty in the committee and also with the committee of the whole. I think we tried it about a dozen times, and the more we tried in a worse muddle we found ourselves, so we con- cluded to leave it just this way. If we held an election, if we 826 CONSTITUTIONAL CONVENTION. held the first election for all county officers as provided by our territorial law, the difficulty was this, and it seemed to me a particularly good objection. The legislature at its first ses- sion might enact laws providing for an entirely different set of officers, or for changing one office to another, or for Combin- ing some of the offices, then we would have officers elected for two years with a statute not providing for any such officers, and we have already provided that the county officers under the territorial law should remain in office until their term ex- pired. Mr. BROWN. As to this matter of offices, there could be no trouble for this reason. The legislature would provide for officers to take eifect after the end of the term of those elected. If they wanted to make any change in the oflices, they i-ould provide that the officers elected at the first election should continue in office until .their terms expired, the legislature proving that any officers that they desire to take effect after those terms expired. Mr. POTTER. I will state that so far as the committee is concerned any way it can be fixed up so there will be no con- flict will be satisfactory to the commute*?. We have had a ood deal of difficulty about this matter, and as Judge Brown suggests now, I can see it can be made so the legislature; can provide that the law should tak^ effect som? tim^ in the la- ture, but in order to do this I think we will have to go back to a p?'( vious section and provide for the election, and liv it so that it shall include county officers. Mr. CHAIRMAN. The question is on the adoption of Sec. 2:\. Are you ready for the question? All in favor of the adop- tion of the substitute will say aye; contrary no. The ayes have it; the 'substitute is adopted. The secretary will read the substitute for Sec. 24. "This convention does hereby declare on behalf of the peo- ple of the territory of Wyoming, that this constitution has been prepared and submitted to the people of the territory of Wyoming, for their rejection or adoption, with no purpose ot 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 territory of Wyoming as a state under its provisions." Mr. RINER. In order to bring the matter up, I want to offe? an amendment, "This constitution shall not be submitted until an act of congress authorizing us to call an election shall be passed." Mr. CHAIRMAN. Gentlemen, you have heard the amend- ment. Are you ready for the question? Mr. RINER. I rise to a question of privilege, and want to talk about this for a moment. It has been suggested to me, and it seems to me with a good deal of force, that if we sub- PROCEEDINGS AND DEBATES. 827 mit this constitution this fall, in view of the action taken by some of the counties when the governor called an election for this convention, the county attorneys of three of the counties advised that, they had no authority to incur the expense of an election, is not thti result going to be not to exceed a two or three thousand vote on the constitution, when as a matter of fact we had over eighteen thousand votes at our last general election. This has been suggested to me by several gentlemen in this town, and men upon whose judgment I am disposed ta rely as to such matters. I think the matter ought to be very carefully considered by this convention before we decide upon it. I voted in favor of its immediate submission last night myself, but I think the suggestion is a good one, and it may work harm if we follow the course adopted last night. Mr. MORGAN. It would seem as if we rather questioned the legality of our own proceedings. Mr. GRANT. I move that it be laid on the table. Mr. CHAIRMAN. Gentlemen, the question is on the adop- tion of the substitute as submitted by the joint committee. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the substitute stands adopted. Mr. BROWN. Following out the suggestions made by Mr_ Potter a few moments ago, I wish to offer an amendment to Sec. 8. In line six, after the word "district," insert the word "county," and after the word "constitution" in the seventh line add "and such other county and precinct officers as are provided by territorial law." Mr. CHAIRMxVN. Gentlemen, you have heard the motion. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the section is so amended. Mr. BROWN. I move when this committee arise they re- port back this File 89 with the recommendation that it be adopted as amended. Mr. CHAIRMAN. Gentlemen, you have heard the motion.. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the motion pre- vails, and it is so recommended. Mr. RINER. I move this committee now rise and report. Mr. CHAIRMAN. It is moved this committee now rise and report. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it: the motion prevails. The committee will now rise and report. Mr. PRESIDENT. You have heard the report of your com- mittee of the whole; what is you pleasure? Mr. RINER. I move the report be adopted. 828 CONSTITUTIONAL CONVENTION. Mr. PRESIDENT. All in favor of the motion that the re- port bo adopted will say aye; contrary no. The ayes have it; the motion prevails. Mr. GRANT. I move we now take up the substitute for Files 61. 05, 80 and S3, and put it upon its final passage. Mr. PRESIDENT. It is moved and seconded that the sub- stitute for Files 61, 65, 80 and 83 be taken up and put iVpon its final passage. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the motion prevails. It will now be put upon its final passage. -Are there any further amendments? Mr. GRANT. I move to amend Sec. 3, in line twelve. I move to amend by striking out "two thousand'' and inserting ' "fifteen hundred/' Mr. CLARK. It seems to me Ave are using the knife pretty freely here tonight without thinking what we are doing at all. This provision that the sheriffs in the territory in the counties where the territory covered is large and the criminal business fully as important as in this county, and where more serious crimes if anything; are committed, that he shall be cut down to fifteen hundred dollars, I ; think we ought to think twice before we do it. I am satisfied he receives no more than lie ought to receive. The sheriff in this county has a large percentage which he receives now in fees and more from the board of prisoners, and it seems to me that this should be left as it is. I don't believe in this thing at all of the convention fixing salaries, but if you are going to do it, I want to ask you to think once or twice before you use the knife as you have been doing. Mr. IRVINE. I hope the motion to amend will not pre- vail. There is no question but that the sheriff of our county does more desperate work, more dangerous work, than the' sheriff of La-ramie county. The sheriff of this county seldom goes out of his office, whereas the sheriff of Converse county is constantly called upon to arrest, dangerous men. He is en- titled to two thousand dollars. He ought to be well paid for the danger he runs. Mr. ELLIOTT. I will just say one word, and |I speak from ^experience, in regard to this matter, for one of the counties in the north. I have been for part of three years the prosecut- ing attorney of Johnson county, and the greatest difficulty 1 "have had with the officers all that, time has been with the sheriff on account of his expense bills, and I say to this conven- tion right here, that in attempting to cure one evil, they are not curing the greater evil at all. The great expense is in the" sheriff putting in these bills for every little thing he does. If we can provide for the criminal work he does for the county : it is proper he should receive the civil fees, if we provide lie PROCEEDINGS AND DEBATES. 829^ shall receive a salary, that the legislature shall fix a salary which he shall receive in lieu of whatever he shall receive- from the county for his services, I believe we will coine more near to reaching the evil. Mr. CHAIRMAN. The question is on the motion to strike out "two thousand" and insert "fifteen hundred." Are you ready for the question? All in favor of the motion will say aye; contrary no. The noes have it; the motion to strike out is lost. If there are no further amendments, the question is on the final reading of the file as amended. The secretary will: read the file as amended. (Final reading of the file.) The secretary will call the roll. All who are of the opin- inon that the file as read be adopted will say aye as their names are called; those of the contrary opinion wil say no. Mr. BURRITT. I don't imagine this will accomplish any- thing that the convention anticipates it will, but in deference to the principle (I vote aye. Mr. CLARK. In view of the fact that I am opposed to the principle of a constitutional convention fixing the salaries of county officers I vote no. Mr. SMITH. I vote aye under protest. Mr. TESCHEMACHER. I vote no on the ground that I ob- ject very strongly to the constitutional convention fixing any officer's salary. Mr. PRESIDENT. Your vote on the substitute for Files 61, , 65, 80 and 83 is as follows: Ayes, 21; noes, 8; absent, 20. By your vote you have adopted the file as a part of the* constitu- tion. Mr. CAMPBELL. I move we adjourn util 9 o'clock tomor- row morning. Mr. PRESIDENT. There is one more file that we might dispose of this evening, a short one, File 92. Mr. BURRITT. d move it be put upon its final reading and passage. Mr. PRESIDENT. It is moved and seconded that File 92 be placed upon its final reading and passage. All in favor of the motion will say aye; those opposed no. The ayes have it;- the motion prevails. Final reading of File No. 92. All who are of the opinion that File 92 be adopted as a part of the constitution will say aye as their names are called; those of the opposite opinion will" say no. The secretary will call the roll. (Roll call.) Gentlemen, your vote on File No. 92 is as follows: Ayes, 30; noes, none; absent, 19. By your vote you have adopted the file as a part of the constitution of Wyoming. File No. 92 and the substitue for Files 61, 65, 80 and 83 will be referred to> the committee on revision. CONSTITUTIONAL CONVENTION. Mr. RINER. I move we adjourn utnil 9 o'clock tomorrow morning. Mr. PRESIDENT. Gentlemen, it is moved that we adjourn until 9 o'clock tomorrow morning. Are you ready for the ques- tion? All in favor of the motion will say aye; contrary no. The ayes have it. The convention will take a recess until 9 o'clock tomorrow morning. TWENTY-FOURTH DAY. MORNING SESSION. Saturday, Sept. 28, 1889. Mr. PRESIDENT. The convention will come to order. The secretary will call the roll. The secretary will read the journal for yesterday. Is there objection to the journal as read? The chair hears none. The record will stand approved. Mr. CAMPBELL. As Ave are Hearing the close of the ses- sion of this convention and as we have got along pleasantly and harinoniously with the exception of a little unpleasant- ness caused by myself losing my temper, I desire here to apo- logize to this convention and to the gentleman from Sheridan for the language used by me on the morning of the 17th of this month. As the language was used publicly I want the apology to be public, and I most sincerely apologize to this convention and to Mr. Coffeen for niy conduct on that occasion, and I ask that my language be expunged from the record, as I under- stand that can be done with the consent of the convention. Mr. PRESIDENT. (Is there objection to the language so far as it appeal's on the record being expunged therefrom? The chair hears none. It is so ordered. Mr. COFFEEN. I think under the circumstances a word from me at this time is necessary. If I should remain silent it might be thought I did not appreciate the feelings and mag- nanimity expressed here. I want to say and truthfully that I do not in my own heart as against the gentleman speaking, or against any other person in this convention, cherish any- thing but the kindest feelings, and so far as the apology is concerned, no apology on his behalf was needed, or was neces- sary, so far as I am concerned. PROCEEDINGS AND DEBATES. 831 Mr. MORGAN. I desire to offer a resolution relative to the final adjournment of this convention. It is this : "Resolved, when this convention adjourn it may be reconvened at the call of the president." jl offer this, Mr. President, so as to pro- vide for any emergency which might arise which would neces- sitate the calling of a convention. Mr. PRESIDENT. Is there any objection to the immediate consideration of the resolution? The chair hears none. All in favor of the adoption of the resolution will say aye ; contrary no. The ayes have it ; the motion prevails. Mr. HOYT. We are nearing the conclusion of our labors, and when we consider all the articles that are to be adopted, to be embodied in the constitution, I doubt not that every member of the convention has been in his own mind reviewing the work of the past thirty days, and that many have found i their minds some anxiety on account of certain provisions em- braced in articles adopted, on account of the expenses which are certain to be attached to the government of the state under the constitution. I do not know, sir, that it would be found practicable to advise any reduction of expenses already agreed upon, but I think that you will all concur with me in the thought that it is very desirable, if found possible, to make some reductions in the expenses of the state government, which now appears will fall but very little short of one hun- dred thousand dollars. I therefore move that a committee of five members be appointed whose duty it shall be to> review the whole field of the constitution with a view to such reduction of the expenses of the state as shall seem practicable, said com- mittee to report at the earliest hour possible, and their report to be considered and acted upon without debate. In this con- nection I would also suggest whether or not it would not also be practicable for the legislative committee to review the work embracing the question of legislation to see whether we may not find something there to be corrected. I suggest this so that we may perfect this instrument which we have made. I believe Ave have a grand constitution, one which will com- mend itself to the people of this state, to congress and the country. Therefore let us perfect it if possible in every partic* ular. Mr. SMITH. >I don't know anything that the committee can do, but being heartily in sympathy with the end in view, if anything can be done, I second the motion. Mr. PRESIDENT. The question is on the adoption of the motion of the gentleman from Albany, to appoint a select com- mittee to consider the matters of the expense of the state gov- ernment, as presented by several provisions of the constitution. Are you ready for the question? Mr. BAXTER. I rise to ask the gentleman who offered this ^v r hat provisions he would modify that have been adopted? 1 832" CONSTITUTIONAL CONVENTION hardly believe that the committee could make alterations that would be likely to carry, unless some opportunity was given to discuss the wisdom of the proposed changes. If such a com- mittee up on their investigation would recommend such chang- es be made as would cut down the expenses, I do not believe it would be possible to carry them through, if debate was cut off. Mr. GRANT. It seems to me that the committee appointed on address to the people could attend to this if necessary. They have to go over the whole constitution, and they could rec- ommend such changes as may seem to them advisable. Mr. HAY. I don't agree with the gentleman from Albany in regard to that. The class of subjects that the committee on address to the people have to go over is very large, they have to review the whole constitution, and they have as yet been able to do nothing. I think if this is to ;be done at all, it should be done by a special committee. The committee on address to the people have no time to give to it. Mr. HARVEY. I don't understand the powers of this com- mittee. Would they have power to strike out this or strike out that? Mr. PRESIDENT. No power at all except to report any changes the committee think desirable to the convention. Are you ready for the question? All in favor of the appointment of a special committee will say aye; contrary no. The noes have it; the motion is lost. Mr. HOYT. I have a proposition to offer which may take such course as seems proper. "The legislature shall make such provision by law as shall be calculated to secure the best faithful service for all minor places in ,he state, county and municipal government, regardless of considerations purely po- litical." Mr. PRESIDENT. Is there objection to the immediate consideration of the proposition? The chair hears none. The question is upon the final reading and passage of the proposi- tion as presented. Mr. COFFEEN. I think I shall object to this, if it is al- lowed to go on with a view to putting people on record, unless- discussion is allowed. The gist of the whole matter is that it is simply introduced for the purpose of securing an endorse- ment of the civil service ideas that are agitating the country. This question has been tested once and settled, and to have it come up in this manner I believe I shall object to its coming up unless time is given to discuss it fully and freely. I do not think we have time, and I think it better that the resolution be withdrawn. Mr. BROWN. I called for objection to the consideration of this proposition, and none being offered, by the unanimous consent of the convention the matter is now before the con- vention for its final action at this time. .'UOCEEDIiNGS AND DEBATES. S33 Mr. HOYT. In answer to the reniaks made by our friend from Sheridan that this proposition was introduced here be- cause I believed the section which w r as presented by the coni- inittee on elections and qualifications to office, was rejected on account of the form in which it was presented, and not because there was any objection to the principle involved in the sec- tion, I had assumed in a body of gentlemen, such as compose this convention, who come here for the purpose of framing a constitution, men who come not as the representatives of any party, not as the representatives of any special or local inter- ests, but who are gathered here to. frame a constitution which is to guide the legislature, and is to limit its powers in the fu- ture, for a long period of years, would look so carefully and im- partially into the matter of securing purity of elections and honesty of administration, that there would be no debate what- ever upon the subject. I assumed that the principle that laid down that the people have the right to the best service that can be had, and that in the offices which are not political in any sense of the word Avhatever, the minor appointees in the minor offices which exist in the state, and in the county and municipal governments, shall be appointed because of their qualifications, that justice shall be done to their abili- ties. He says it is an endorsement of the civil service re- form. I say that it is intended for no such thing. I have no connection with the civil service reform movement, d have never been a member of any of its organizations, I simply sym- pathize with the great end in view, that of securing the best service for the people in every branch of the government, and now that we are framing our constitution, I believe that a wise general proposition, which would leave to the legislature full discretion in the matter as to what shall be done, as to the manner in which they shall protect the interests of the peo- ple, in this regard, would be acceptable to all. Mr. CLARK. I heartily agree with all that has been said by Governor Hoyt, and endorse all he has said, but I do not desire to endorse with my vote the resolution which he has of- fered. Notwithstanding the argument by Governor Hoyt it is a resolution which gives an endorsement of the civil ser- vice reform policy of this government, a policy with which I have never been in sympathy, because I believe it is a delusion and a snare, a lot of political clap trap w r hich does not accom- plish the end sought at all. Mr. BURRITT. I desire to say amen to what has just been said by the gentleman from Uinta. Mr. HOYT. He is in sympathy with the object, but not in favor of doing anything to prevent. The object is to secure good service for the state and local government, irrespective of political considerations, so far as the objects are concerned. There are some offices w r hich are political. The policy of the 53 834 CONSTITUTIONAL CONVENTION. party must be represented by men who are elected to the office- to administer the government and carry out the policy of the party. They must be in harmony with it. But what has the door keeper, the correspondent, what has the book-keeper, the stenographer in any department or branch of the government to do with party politics? What has the clerk who is employed in the interior department to draft maps> or the man who goes out by his direction to make a survey, what has he to do with party politics? He says it is a delusion and a snare. I cite him to the fact that for half a century the people of England have been struggling with this great problem, how to improve the civil service of their country. That grand old man, Wil- liam E. Gladstone, stands before the world as a man who has given this question a great deal of study, and he has declared that the work which has been accomplished there is of incal- culable value to the civil service of the world, a country with a civil service which, has been lifted out of the mire of party politics and placed upon a broad and substantial basis, the best service, the best administrative service I believe on the face of the world, and it is because, sir, of the struggle against the power and corruption of parties politic, and the purpose to restore to this government something like purity of adminis- tration, that the movement was begun in this country, and one which had the endorsement of all the presidents from Grant down to the present time, the principle involved in this proposi- tion that the minor offices, which are in no sense political, shall be conducted in the interests of the people without any regard to party considerations whatever. Mr. SUTHERLAND. I just simply want to say that I think civil service is one, of the greatest frauds that ever was known. Every president has always said that the best man should have the place, but I notice the best man is always the man who has the boodle. I have often heard it said that every one of our presidents has advocated the policy that the soldier should have the preference, the man who served during the/ war should have the preference, but I notice that the man who did the most work on election day is the man who got the appointment, and for that reason I consider it a fraud. 1 have seen if right here in this hall, no matter how good a man was, no matter how faithfully he had served his country, in her darkest hour, he could not get to be even door keeper.) of this building. I refer to our last legislature, just because the man didn't belong to their political party he could not have the place. For that reason I believe it a fraud, and it ought to be left out. Mr. MORGAN. In my judgment the people are deeply, hon- estly and sincerely in favor of what is known as civil service reform. They have shown it in many ways. They are showing their interest in it every year. They are showing it in fhe fact PROCEEDINGS AND DEBATES. 835 that they elect men to represent them in the legislatures, in congress, and when they send men to represent them in the senate. They continue the terms of those whom they deem honest, faithful and able servants, and it is well that the people should care for a principle of that kind. This government was not created for the purpose of giving office to any one. It w r as created that the welfare and best interests of the peo- ple should be subserved. The people have found out and are finding out more and more each day that it serves their inter- ests when they find an honest, capable and efficient servant, to keep him. This is more particularly so in representative bodies, and so it will follow down all through the whole class of officers to a considerable extent. The people are taking a greater interest in this each year, and I would not like to see this convention decide that it is a delusion and a fraud, be- cause it is not. Mr. PKESTON- I am opposed to this resolution for the reason that I think it is one of the main planks in the platform upon which the mugwumps stand. I was educated in the .Jeifersonian school, and ibelieve in its principles, and one of those is that to the victor belongs the spoils. I think that this civil sendee reform platform or proposition is a delusion and a snare. Now the idea of asking a man who is elected to fill an import ant office, supposing the state treasurer's office of the state of Wyoming, a man is elected to hold that position, -and under this civil service reform he is compelled to keep clerks that he don't want He has no right to discharge them if they are able to perform the duties of the office, and still at the same time they may not agree with him at all, and I say when a man is elected he has the right to employ such clerks as he sees fit to employ. He has the right to make his own choice. You take for instance a case that came up in the wai department, where a quartermaster had been appointed, dis- charged all the clerks that had been kept before, who had been appointed by the government, and the question came up in the war department as to his authority to discharge them, and he raised the question that inasmuch as he was responsi- ble for the property and the business, he had the right to ^employ whomever he saw fit, and for that reason I am oppos- ed to this civil service reform business. Under the education- al clause that you have inserted in your constitution, there will be no occasion for civil service reform. They will all be qualified. Mr. HOPKINS. I merely wish to express my admiration for the Jeffersonian simplicity of my friend from Fremont. Mr. SMITH. I don't belieive there are half a dozen mem- bers on this floor but who are in sympathy with a measure of this kind so far as practical. If I was president of the United States the fact that a man had done good service on election S 3 6 CONSTITUTIONAL CONVENTION. day and during the campaign would be no objection to his ap- pointment to office, and I believe President Harrison believed' the same tiling. Yet on the other hand if I could not iiud a Republican who I considered fitted to fill an oflice and I could find a Democrat who was better qualified arid could iill the office better than any Republican I knew, I would not refuse to appoint that man simply because he was a Democrat, and I think that this is as far as the proposition offered litre JOPS. That the legislature shall take such steps as will secure the best service for the state. Mr. COFFEEN. If thisx-resolution does not carry is it not left to their discretion to do that anyway? Mr. KNIGHT. I wish to join in with my little story and 1 state my experience. il was a victim of civil service reform. I held a position for four years and then lost it because E was a Republican, and I want to say to you that this civil service reform is a delusion and a snare in one respect. A man fills a little petty office until he loses all confidence in himself, that he- ought to have to enable him to start out in any other pursuit. I actually thought when I lost the office of clerk of the court that I was going to starve to death, I tell you the condition 1 was in when I lost my office was something terrible. I w T as unfitted for business, when as a matter of fact I ought to have lost it years before. I would have been a much better man today, a much better citizen, if I had not spent so much time sitting in a chair in a little petty office. Civil service is not applicable to this territory as it is in the east, where you have- to have the influence of a United States senator even to get a position as clerk in a grocery store. Every man in this ter- ritory is permitted to show what he can do. Now I say to those who w^ant to fill a government position, let them understand they must do their work well and when their term expires be rej*dy to give the other fellow a chance. So I say to you that civil service reform is not as great a necessity as it is made to appear. Mr. JOHNSTON. I believe in allowing a man to chose his own employes. Can you secure an efficient man to take charge of any public works unless he would have the privilege of sip- pointing his laborers. And it is the same way in a public office. Can you get an efficient man to take charge of ihe work if you don't allow him the same privilege. Take the engineer's office, suppose he has a man there making maps, w r ho is not in accord with the office, and working under the control of the state, do you suppose he would be as careful as if he was subject to the control of that man? I think not. Mr. ELLIOTT. I should like to ask Governor Hoyt if this principle of which he has spoken should apply to subordinates, why it should not apply to principals even in a greater degree? Mr. HOYT. The priciples should apply to principals where PROCEEDINGS AND DEBATES. 837 the position is not in the nature of a political one. The office of g-overnor, secretary of state and so on, must ibe filled by men who will enforce the principles of the party who carried the election. And that is right, but when you come to offices that are not political, they ought to be filled in the interest of the .service, so that the people may have the best service obtain- able. Mr. BROWN. I have a suggestion to make. We want to get into the union as a state, and it is possible that this res- olution might occasion some remark in congress. The ques- tion is on the resolution of the gentleman from Albany. The ayes and noes will be called. All in favor of the resolution will -say aye as their names are called; those of the opposing opinion will say no. Mr. RINER I vote no because T am opposed to the prin- ciple, jlf I believed in the principle I should vote aye. If I was in office I don't think I would give them a chance to re- move me, I would resign. Mr. TESCHEMACHER. I have kept so very quiet during the debate that I think it is absolutely necessary for me to explain my vote. J belong to the, party mentioned by Mr. Preston. ; I am a mugwump and am proud of it, and one of the horses that we ride is civil service reform. Now I know that the horse was not in the race when this proposition was* brought forward in the committee of which I wasi a member, I told the committee that the horse was not fit to run just now, and he certainly was not fit to run in Wyoming. Con- sequently I signed the minority report of this committee, hop- ing that the section would be stricken out, and that I shoulcl toe saved from a good deal of personal abuse which I would re- ceive if a discussion came up on this subject, but having come up, belie/ving in the principle as I do, I vote aye. Mr. PRESIDENT. Gentlemen, your vote 'on the proposi- tion is as follows: Ayes, 11; noes, 21; absent, 17. Gentlemen, by your vote you have refused to incorporate the proposition into the constitution. Mr. BITRRITT. I desire to offer a proposition which has been hastily prepared. "No person shall be permitted to vote, serve as a juror or hold any civil office, who has at any time been convicted of an infamous crime, and not been restored to the rights of citizenship, or is a bigamist or polygamist, or is a believer in or enters into what is known as plural or celes- tial marriagei, or in violation of any law of this state, or ot the United States effecting any such ('rime/' I would like to have that referred to the committee on elec- tions. This is the proposition of the Edmunds-Tucker law, and I think it necessary that we incorporate it in our constitu- tion. 838 CONSTITUTIONAL CONVENTION. Mr. RINEE. I move the rules be suspended and the prop- osition immediately considered. Mr. PRESIDENT. The question is on the suspension of the rules for the immediate consideration of the proposition. Are you ready for the question? All in favor of the motion to suspend the rules will sy aye; contrary no. The ayes have it; the motion to suspend the rules prevails. Mr. PRESIDENT. The question is on the final reading and passage of the file. All in favor of the proposition pre- sented by the gentleman from Johnson, Mr. Burritt, will say aye; contrary no. The ayes have it; the motion prevails. The question is upon the final reading of the file. The ayes and noes are called for. Mr. RUSSELL. Before voting on this question, I desire to say one thing in regard to this matter. Probably some gen- tlemen here have a pocketful of speeches prepared upon this question. I have not, and I wish merely to say that I thought this question already incorported in the bill of rights, and in one section of the bill on education and public morals. 1 think the language of this section will have a bad effect upon a good many good citizens of Wyoming. It makes little dif- ference as to their belief, if they are good, law abiding citizens, and why should you point a finger at them specially. I think that the gentlemen of this convention have shown too much wisdom in their deliberations to take the chances of pointing a special finger at a great many good citizens of Wyoming. We expect to ask these citizens to ratify this constitution, and I think they may naturally and would have the right to do so, when a finger is specially pointed at them in this way. This question, has never come up| in Wyoming and become a matter which Wyoming needs to fear. Wyoming today, while it may be populated with a good many of this class of people who be- lieve this way, they have proved themselves to be law abiding citizens and peaceful citizens. I do not think it is right or just this committee did not consider this question before, it lias; been kept back and offered now at this last day without any notice, and I think for this reason it should be left out. Make it so it won't point directly at one class of individuals or peo- ple. I think the laws so far adopted in this constitution covers the ground, and I think it can be well left to the legislature to deal with. It shows a lack of confidence in ourselves and in our law making body to put this in here, it shows a weak- ness, that we are afraid that we are not going to be able to cope with these people in Wyoming. I do not think they have ever caused any trouble in our territory. I think that the wis- dom of the gentlemen in this body can see this matter, and do what is right. I hope this will not be inserted in the constitu- tion. PROCEEDINGS AND DEBATES. 39 Mr. BURRITT. I simply desire to say on behalf of the com- mittee on elections, and I speak for the committee, the chair- man being absent, and I believe I attended all the sessions of this committee except one, this question was never presented to that committee by one single individual, nor did anyone as I now remember call their attention to it, and when the gen- tleman from Uinta, who probably speaks as he believes, says this has been held back by the committee and sprung upon them the last day of the convention he, unintentionally, no doubt, does the committee great injustice. I will say for the benefit of the gentleman who has just spoken against Hie adop- tion of this proposition, that this is a very mild proposition. It is simply the provision of the United States law upon the subject, so far as I am able to understand it. Although the provision of the Idaho constitution on this subject has been lauded to the heavens :by congress and by those on the outside, I have no sympathy with the provision contained in the Idaho constitution, and I would say here for myself, that if it were necessary to get into the union of states that we should incor- porate into our constitution a provision that reads like the provision of the Idaho constitution, praised so much by con- gress and those in the east, I should prefer to stay out. Now, Mr. President, I think that we have drawn a very mild propo- sition, I think we have gone just as far as the law allows, just as far as the Edmunds law goes, and we have gone no further; and I wish to say again that this proposition is submitted now not in bad faith on the part of the committee, nor on the part of any member thereof. Mr. CLARK. I opposed the discussion of this proposi- tion besause f wanted to find out and investigate just what the proposition meant, I am not able to form a judgment of what it means from a hasty reading and consideration here. I am opposed to the passage at this time ' this resolution, not because I have any^personal sympathy with the religious con- victions of those sought to be reached by this amendment, but it seems to me that it is not right to select any one class of crime from the rest of crimes, and say that persons who have been guilty of that special crime shall be disqualified from holding certain offices of trust or from voting. A great deal has been said in the territory about the influence of this element. I believe that they have the same influence as the same number of citizens who are not Mormons, no more and no less. The more offensive features of Mormonism have never been prac- ticed within this territory. The United States attorney of this territory found some violation s of the law, made two arrests, tout the matter was not prosecuted in either case. I say we don't need this, if we are not sick we don't need any medicine, and I don't believe in selecting one class of crime, or in sing- ling out a special religious sect in the territory. I am opposed 840 CONSTITUTIONAL CONVENTION. to considering- this matter so hastily, and I make these remarks not because I hope it may influence the convention at all, but because I believe it is unjust in the particulars f. have pointed out. If the resolution will include the* other crimes, such as horse stealing, murde.r and other crimes, so they will all go in together, I will not object. Mr. BURRITT. I desire to say to the gentleman from Hint a that when I presented this proposition I moved its reference to the committee on elections, but had no second for it. If this is being too hastily considered, or if any member is not satisfied, I am ready to make a motion now to have it re- ferred. Mr. RIXER. I rise to a point of order. A vote was taken on a suspension of the rules, and this reference cannot be made without a reconsideration of that vote. Mr. MORGAN, il believe reference' can always be made under any circumstances. Mr. COFFEEX. I desire to say that when the gentleman from Johnson stated that this matter had not been brought up i n the committees he stated it correctly. So far as I know it was never in any manner discussed by the committee. Mr. SMITH. This committee never considered the ques- tion. I think the chairman and myself once talked about it, but not in committee. It wa,s after the bill or rights was pre- sented, and the chairman and I looked it over and thought it covered the ground. 'Mr. RIXER. As to reconsidering this matter, the conven- tion has ordered the final reading of this proposition, and I say without reconsideration of that vote, reference cannot be made. Mr. PRESIDENT. The chair is of ill opinion that the point is well taken. The motion was made that the rules be suspended for the immediate consideration of the file, that motion prevailed, and the chair then announced that the ques- tion was on the final reading and passage of the file. Mr. MOROAN. For the purpose of referring this question to the committee I move that the vote by which the anal read- ing and passage was ordered be reconsidered. Mr. PRESIDENT. The chair is of the opinion that the rules may be suspended so that the convention may order this file into the hands of the committee. Mr. MORUAX. tl move the rules be suspended. .Mr. PRESIDENT. The question is on the motion that the rules be suspended in order to refer IJie file now before you for consideration. All in favor of the motion Avill say aye; con- trary no. The ayes have it; the motion prevails. Mr. RIXER. I insist that we must reconsider the vote or- dering the final reading of the file. Mr. PRESIDENT. The .-hair understood the motion was withdrawn in order to present the second one. The question is PROCEEDINGS AND DEBATES. 841 now on the motion to reconsider the vote ordering the final consideration of the file. All in favor of the motion will say aye; contrary no. The ayes have it; the motion prevails. The order for the immediate consideration of the file is recinded. Mr. COFFEEN. I now move that this resolution be re- ferred to the committee on elections. Mr. PRESIDENT. All in favor of the motion to refer 1his r .proposition to the committee on elections will say aye; con- trary no. The ayes have it; the motion prevails. The resolu- tion is so ordered. The next thing on the general filf is F'!.* 89. What is the wish of the committee as to the immediate consideration or File 89? . Mr. RINER. I move it be finally read and put upon its pas- sage. Mr. PRESIDENT: The question is upOD the final reading of File 89. All in favor of the motion will say aye; contrary no. The ayes have it. The secretary will read the file. The ques- tion is upon the final passage and adoption of File 89 as a. part of the constitution. So many as are of the opinion that the file be adopted as a part of the constitution will say aye as their names are called. Those of the opposing opinion will say no. The secretary Avill call the roll. (Roll call.) Gentlemen, your vote upon File 89 is as follows: Ayes, 27; noes, none; absent, 22. By your vote you have adopted File 89 as a part of the constitution. This will now be referred to the committee on revision. There is no further business upon the table. Mr. RINER. I move we adjourn until 2 o'clock. Mr. PRESIDENT. The question is upon taking a recess. All in favor of the motion will say aye; contrary no. The ayes liave it; the motion prevails. AFTERNOON SESSION. Saturday afternoon, Sept. 28. Mr. PRESIDENT. Convention come to order. Several members of the convention will have to leave here to go home and will not be present on Monday. As the con- stitution cannot be read and adopted before they.leave, I would like to know if some way cannot be arranged so as to give them an opportunity to sign now. Mr. CLARK. As chairman of the committee I will state that they are doing their best to get through with the work, but there are five or six articles vet to be enrolled. 842 CONSTITUTIONAL CONVENTION. Mr. HOYT. I should think perhaps the gentlemen who have to go home might be willing to sign in blank, and have that attached to the instrument. Mr. PRESIDENT. As Mr. Holden is the only one who will leave this afternoon I w r ould like to ask him if he is willing to sign in blank before he leaves. Will one of the members of the committee furnish the gentleman a blank so that he may sign before he leaves? The othe members who have to leave can sign later. Mr. HOLDEN. In taking leave of the convention, I do so with reluctance, and especially in view of the kind treatment I have received in this convention, and the hospitalities of the Laramie county delegation. Still I feel that Justice to my- self and my Business requires that I should go, and I wouIU say that my latch string will ever be out to every member of this convention. Mr. PRESIDENT. I desire to express to the gentlemen the thanks of the chair for his diligence and efficient service, and for the attention he has given to the business of the conven- tion during the entire session. Is there any business to come before the meeting? Mr. BURRITT. Committee No. 5 desires to report, a>nd as I was the member of this convention who introduced File No. 93 in the convention this morning, I think perhaps it is due to myself and to the convention that explain briefly to the mem- bers of this convention the reason of this report. As I stated when I introduced the proposition this morning, I believed it was a necessary matter to be incorporated in the constitu- tion in order to give us proper standing before congress for our admission. I had no sympathy and so stated at the time with the idea that Mormonism with us was a dangerous feature but it was only a matter of expediency. The position has al- ways been taken at Washington that w r e had no Mormon pop- ulation in Wyoming, to amount to anything, and such is the* fact. The percentage of Mormons is less than one per cent of the population of Wyoming. In addition to that your com- mittee have taken great pains to ascertain whether in the opin- ion of those posted at Washington, if this proposition was nec- essary. I believed this morning that it was, and I so stated when I offered the proposition, I thought it was expedient, and I am satisfied now, after having spent the entire time since this was referred to the committee in consulting all those in the city who would be competent to express an opinion on this subject, that I was wrong, and although the language of this report does not agree with the position I took this morn- ing, I am satisfied that it is right, and on behalf of the com- mittee I move that the report be adopted. Mr. PRESIDENT. The question is on the adoption of the report. All in favor of the motion that the report fre adopted PROCEEDINGS AND DEBATES. 843 will say aye; contrary no. The ayes have it; the report stands adopted. Mr. POTTER. It seems to me that as there is no other busi- ness before the convention, that so much of the constitution as has been enrolled might be taken up, and we could get along as fast as possible. Mr. PRESIDENT. Will the gentleman from Larainie, Mr. Teschemacher, state whether the constitution is so far en- rolled that we can read any portion of it, in the order that it should be arranged. Mr. TESCHEMACHER. It is not, A great many of the articles are enrolled, but the revision committee has had no time during 1 the last twenty-four hours to decide in their own minds as to the order in which they wis'h, these articles in the constitution. The convention can undoubtedly take up each article as a complete article without its particular num- ber, and decide what they want done with it, but the commit- tee has been so busy that they have been unable to systema- tize the constitution and arrange it in order. All that has been done is that the engrossed articles have been revised and have been then enrolled X>n the article blank, the committee intend- ing as soon as all were enrolled to take them and arrange them in order as they should /be. Two of the articles which will be among the first, the one on legislative and executive de- partment, are not yet enrolled. On account of the changes that have been made right up to the end in these propositions they have been left open until the last with the idea that there might be some wish to change the legislative file. The whole thing will be ready to present to the convention at 8 or 1) o'clock Monday morning, whichever hour the convention may adjourn to. Mr. PRESIDENT. I would like to have the sense of the convention on this question. There has been a good deal of discussion among different members of the convention as to the present condition of the legislature, or the legislative de- partment, as established by the constitution, in this, that our senators are all elected at the same time, and for the sarnei term as members of the lower house. It is quite unusual to elect the members of both houses in that way and for the same terms, and it has been suggested that^we make a change in that so as to elect for four years, a portion of the senate first elected serving but two years, the remaining serving four years, half of them holding over. If there is any desire on the part of the convention to make such a change we have plenty of time to do it, if the committee) will take it in hand and rush through a provision of the constitution referring to the elec- tion of senators. Mr. MORGAN. I would like to ask Mr. Elliott whether it is possible to make this change and keep the rest consistent? CONSTITUTIONAL CONVENTION. Mr. ELLIOTT. It can be changed with very little trouble. It will only be necessary to strike out one of the, present sec- tions. I think it can all be included in one section. Mr. HARVEY. I think as the article now stands it is a very dangerous system. Not a parallel one in the United States. I think it is a very strange departure and needs atten- tion. I move this matter be referred to the committee on leg- islation with instructions to amend as suggested by the presi- dent. Mr. HOYT. Our mode of constituting the senate is one of the provisions in the constitution, as we have adopted it, that has been to me an affliction, and I shall be most happy if it can be amended in that regard. Mr. PRESIDENT. It is moved and seconded that the mat- ter of considering the change in the constitution as it now stands, of that part of the legislative bill referring to the sen- ate, be referred to the committee on legislation, with directions to report at the earliest possible moment. All in favor of the motion will say aye; contrary no. The ayes have it; the matter is referred to the legislative committee. Mr. RINER. I move we take a recess of twenty minutes until the legislative committee can make its report. Mr. PRESIDENT. You have heard the motion that we now take a recess of twenty minutes until the legislative committee can report. Are you rQady for the question? All in favor of the motion will say aye; contrary no. The ayes, have it; the convention will ta.ke a recess of twenty minutes. (Recess.) Mr. PRESIDENT. The convention will come to order. Is the legislative committee ready to report? Mr. ELLIOTT. We have not written out a report, but we offer a section which we have prepared instead of the first four lines of Sec. 2 of the old bill: "Sec. 2. Senators shall be elected for the term of four years, and representatives for the term of two years. The senators elected at the first elec- tion shall be divided by lot into two classes as nearly equal as may be. The seats of senators of the, first class shall be vacat- ed at the expiration of the first two years, and of the second class at the expiration of four years." We found this in the Texas constitution, and have le{?t it to then legislature to di- vide these senators info classes as nearly equal as may be, not undertaking to do it ourselves. Mr. TESOHEMACHER. It seems, to me that the trouble is going to come in the case of counties having an uneven num- ber of senators. Take La ramie county with three senators. Now, how are yon going to divide that? That two members shall remain in the senate four years and one go out. That is the only way you can arrange 1 it, In the other case, after the first election, providing the counties remain as they are, PROCEEDINGS AND DEBATES. 845 Larainie would have to elect two senators, and continue one. If the convention will give us another senator we will come into that plan. Mr. PRESIDENT. What will you do with the report of your committee, gentlemen? Mr. COFFEEN. Move it be adopted. Mr. PRESIDENT. The question is on the adoption of the report of the legislative committee. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the motion prevails. Mr. RINER. I move the rules be suspended and this sec- tion be placed upon its final passage. Mr. PRESIDENT. The question is on the final reading; and passage of the proposition reported by the legislative com- mittee, and a suspension of the rules for that purpose. All in favor of the motion will say aye; contrary no. The ayes have it; the motion to suspend the rules prevails. The question is on the adoption of the section. All who are of the opinion that the section be adopted as a part of the constitution will say ayo as their names are called; those of the contrary opin- iqn) will siay no. The clerk will call the roll. (Roll call.) Gentlemen, your vote on the proposition is as follows : Ayes y 26; noes, none; absent, 23. By your vote you have adopted the proposition as a part of the constitution of Wyoming. Mr. CAMPBELL. In accordance with the notice I have given, (I move we now proceed with the appointment of a com- mittee of eight for the purpose of going to Washington to ad- vocate before congress the admission of Wyoming as a state. Mr. HAY. I suggest that the committee be made ten. Mr. CAMPBELL. My idea is that no person should be se- lected unless they will say before hand that they will go unless* something should happen to absolutely prevent it. Mr. PRESIDENT. The question is on the motion to select a committee of ten to go to Washington to aid in the effort to secure the admission of Wyoming into the union. Are you ready for the question? All in favor of the motion will say aye; contrary no. The, ayes have it; the. motion to select k committee prevails. How will you select? Mr. HARVEY. I desire to nominate Mr. DeForrest Rich- ards, if agreeable to the convention. Mr. CLARK. Is the idea that the representation shall be by counties? I am not in favor of making it by counties at all. Mr. RINER. I desire to nominate as a member of that committee the president of this convention. I will put the question. All those favoring the selection will say aye; con : trary no. The ayes have it; the selection is unanimous. There are nine members to be selected from the body of the house. CONSTITUTIONAL CONVENTION. Mr. PRESIDENT. I ain very much obliged to the gentle- men for the honor they have done me;, but I do not think I can promise definitely to go to Washington to attend to this mat- ter. But I will do so if I can. Mr. PRESTON. I desire to propose the name of Ex-Gov- ernor Baxter of Laramie county. Mr. BAXTER. I expect to go east the latter part of Jan- uary and I think might arrange to spend a week or ten days in Washington during that month. If obliged to go any sooner than that it will be impossible for me to do so. Mr. CLARK. I desire to nominate Mr. A. C. Campbell. Mr. POTTER. Mr. Henry G. Hay. Mr. HAY. I would like very much to go with this com- mittee, and I appreciate the honor done in naming me, but 1 cannot promise at this time whether I will go or not. My business is such that it is absolutely impossible for me to leave it. I would only accept the nomination with the understand- ing that I might appoint some alternate to go in my place if I cannot. Mr. ELLIOTT. I desire to name Mr. E. S. N. Morgan. Mr. HARVEY. I desire to name Mr. Elliott. Mr. HOPKINS. Mr. Grant. Mr. FOX. Mr. Riner. Mr. RINER. While I appreciate the honor, I am prepared to say that it would be absolutely impossible for me to leave liere at any time betweeji December and the first of March. I therefore; decline, as it would be impossible for me to do any good. Mr. HOYT. jl don't know how many names have been pre- sented, but I desire to offer the name of Mr. Smith. Mr. MORGAN. I suggest the list be read, and as each gen- tleman's name is called he can state as to the probability of Ms being able to go or not. Mr. BAXTER. I desire to name Governor- Hoyt, Mr. MORGAN. I desire to suggest Mr. Conaway. Mr. COFFEEN. I nominate Mr. Clark of Uinta. Mr. RINER. I desire to name Mr. Teschemacher. Mr. TESCHEMACHER. It depends entirely as to when this matter is going to come before congress. I can't get away from here before the tenth of January. Mr. ORGAN. Mr. Potter. Mr. POTTER, I cannot go. Mr. COFFEEN. If we keep on as we are now J don't think .any living man can tell the result. I do not think this is a. wise plan to pursue. It seems to; me that the wisest thing to do would be to appoint a committee to act in conjunction with our chairman, who is already selected as one member, to appoint n committee, and report to the convention on Monday morning. PROCEEDINGS AND DEBATES. 847 Mr. PRESIDENT. The question is on the appointment of a committee of four to appoint a committee to go to Washing- ton. Are you ready for the question? All in favor of the mo- tion will say aye; contrary no. The ayes ha,ve it; the motion prevails. The chair will name Mr. Riner, Judge Conaway, Mr. Elliott and Mr. Organ. Mr. HAY. I have a resolution to offer. "That the presi- dent and secretary of this convention are instructed to issue to the secretary of the territory of Wyoming a certificate showing the attendance of members of this convention." I think there should be some official statement filed with the sec- retary of the territory, in case either congress or the legislature should compensate the members of this convention for the arduous labors they have performed. Mr. PRESIDENT. The question is on the amendment. All in favor of the motion will say aye ; contrary no. The ayes have It ; the motion prevails. Mr. RINER. As there is nothing further this convention can do this afternoon, I move we now adjourn until 9 o'clock Monday morning. Mr. PRESIDENT. It is moved that we now adjourn until 9 o'clock Monday morning. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the convention will now adjourn until 9 o'clock Mon- day morning, TWENTY-FIFTH DAY. MORNING SESSION. Monday, September 30, 1889. Mr. PRESIDENT. The convention will come to order. Prayer."' Roll call. Reading of the journal. Reports of committees. Mr. TESCHEMACHER. Your committee No. 19 have com- pleted its revision of the constitution and are now ready to submit it to the convention for final reading. Mr. PRESIDENT. Gentlemen, what is your wish as to (he manner of reading the constitution? Mr. CLARK. I think it should be read by articles and approved by articles, and then approved as a whole. 848 CONSTITUTIONAL CONVENTION. Mr. PRESIDENT. If Mr. Burritt will kindly read, we will proceed with, the final reading of the constitution. It will be read by articles and the vote taken on each article. The pre- amble will now be read. The question is upon the adoption of the preamble as read Are you ready for the question? So many as are of the opin- ion that the preamble be adopted as read will say aye as their names are called; those of the contrary opinion will say no. The clerk will call the roll. (Boll call.) Gentlemen, your vote on the preamble is as follows: Ayes, 25; noes, none; absent, 24. Gentlemen, by your vote you have adopted the preamble of the con st it n I ion of Wyoming. Art. 1 will now bo read. Are there any amendments? The chair hears none. The question is on the adoption of Art. 1 as read as a part of the constitution. So many* as are of the opinion that Art. 1 be adopted as read will say aye as their names are called; those of the opposite opinion will say no. The clerk will call the roll. (Roll call.) Gentlemen, your vote on Art. 1 is as follows: Ayes, 28; noes, none; absent, 21. By your vote you have adopted Art. 1 of the constitution of the state of Wyoming. Art. 2. Are there any amendments? The chair hears none. The vote is now on Art. 2 as read. So many as are of the opinion that Art. 2 be adopt- ed will say aye as their names are called ; those of the contrary opinion will say no. The secretary will call theroll. (Roll call.) Gentlemen, your vote on Art. 2 is as follows : Ayes, 26 ; noes, none; absent, 23. Gentlemen, by your vote you have adopted Art. 2 of the constitution of the state of Wyoming. Art. 3. Any amendments to Art. 3? Mr. HOYT. I move to amend Sec. 6 by striking out the word "ninety"where it occurs in the second sentence of that section, and insert the word "sixty," so that it will read "No session of the legislature after the first, which may be sixty days, shall exceed forty days." I believe there is no necessity for any argument on the subject, for a careful estimate shows a saving can be made of between eighteen hundred and two thousand dollars in the first session, and I believe it is the unanimous opinion of the convention that the work of this first session can be done in that time, and this saving is so import- ant that it ought to have the approval of all the members. Mr. PRESIDENT. Gentlemen, you have heard the, amend- ment. Are you ready for the question? All in favor of the amendment will say aye; contrary no. The ayes have it; the motion to amend prevails. Any further amendments ? . The chair hears none. The question is now on Art. 3 as read and amended. Are you ready for the question? So many as are PROCEEDINGS AND DEBATES. 849 of the opinion that Art. 3 be adopted as r< ad will say aye as their names are called; those of the opposite opinion will say no. The clerk will call the roll. (Eoll call.) Mr. ELLIOTT. I voted against this as a separate proposi- tion, but in supporting the constitution I am restrained to 'vote aye. Mr. PRESIDENT. Gentlemen, your vote on Art. 3 is as follows: Ayes, 30; noes, none; absent, 10. By your vote you have adopted Art, 3 as a part of the constitution of Wyo- ming. Art, 4. Are there any amendments? The chair hears none. The question is now on the adoption of Art. 4 as read. All who are of the opinion that Art. 4 as read be adopted ais a part of the) constitution will say aye as their names are called; those of the contrary opinion will say no. The clerk will call the roll. (Roll call.) Gentlemen, your vote on Art. 4 is as follows : Ayes, 31 ; noes, none; absent, 18. By your vote, gentlemen, you have adopted Art. 4 as a part of the constitution of Wyoming. Art. 5. Mr. KNI(jHT. I would like to make a suggestion. I see by the article that provision is made whereby a member of the district court may be called upon to sit in the supreme court, but see no provision whereby in an emergency the place of members of the district court may be filled. The districts are large in the western part of this territory, and there is a great deal of expense attending the holding of the court. There might arise an emergency whereby one of the district judges might be unable to fill his engagements. It is provided that the district judges may act for each other, but if it should happen at any time that all of the other courts are engaged, it seems to me no more than proper that in such an emergency a member of the supreme court might act. I merely offer this as a suggestion, and I move to amend by adding to Sec. 2 the following: "Any member thereof may in case of an emergency be assigned by the, governor to act as a district judge, under such rules and regulations as may be prescribed by law.'' There might perhaps, Mr. President, be an additional requisite that the supreme judge should not sit in reviewing a, case in which he acted as district judge. Mr. HARVEY. I trust this amendment will not prevail. It is inconsistent with the entire course of this convention. Mr. CONAWAY. I only wish to say in regard to this pro- posed amendment that I wish to simply reiterate every argu- ment I made against a supreme court constituted of the dis- trict judges. Mr. KNIGHT. I took no part in the discussion of this arti- cle. I have maintained that a supreme court is necessary, but the only question I raise is this : In an emergency, if one should '54 850 CONSTITUTIONAL CONVENTION. arise as to the holding of the district court, it is very possible that that court must go over, and large expense be incurred by the several counties in the district, for the reason that none of the other judges could act at the tune and thus hold court. Now if there is a provision whereby the supreme judges may act as district judges, might be more of an excuse and less of an objection to a supreme court. I don't care particularly about this, but I thought it would be accepted by the* conven- tion as an amendment that would be acceptable to a number of people, in view of the fact that objection has been raised to a supreme court. Mr. PRESIDENT. The chair wishes to state that in pass- ing upon this constitution at. this stage amendments will be limited under our rules to the extent of changes in details as to matters already adopted, but not to any absolute change as to any matter adopted heretofore. This is a matter of detail, I take it. The question is on the amendment. All in favor of the amendment will say aye; contrary no. The noes have it; the amendment is lost. Mr. CAMPBELL. In Sec. 21, at the end of the section, I wxmld like to add this: "The number of district judges shall not exceed three until the value of taxable property within the state .shall equal sixty millions of dollars, and shall not exceed four until such taxable valuation shall equal one hun- dred million dollars." I think there should be a provision in there that the number should not be increased until a certain time. Some people have got the idea that this article is a particularly favorable one to the lawyers, and they might make another judge as soon as they could induce the legislature to do so, and I make that amendment to this article in this con- stitution at the request of certain persons here who feared if this should be left out as it is, it might make some uneasy, and they would vote against the constitution for that reason, and that it would be more satisfactory to the people if the number was settled and not increased until after a certain time. Mr. HARVEY. We people of the north have consented to some things which are not favorable to our counties. Now if there are three judges it is almost certain that they will all live along the line of this road. And it will be some time be- fore we northern counties get a district judge. But it is hardly fair to keep us out of having a judge for the next ten years. I would amend the amendment so that it would read, "Pro- vided the number of districts and district judges shall not ex- ceed four until the taxable valuation of property in the state shall exceed one hundred million dollars." Mr. PRESIDENT. The question is on the amendment. Are you ready for the question ? All in favor of the motion will say aye; contrary no. The ayes have it; the motion to insert pre- vails. Are there any other amendments? The question is on PROCEEDINGS AND DEBATES. 851 Art. 5 as mid and amended. Are you ready for the question? All in favor of the adoption of Art. 5 as a part of the constitu- tion will say aye as their names are called; those of the con- trary opinion will say no. The clerk will call the roll. (Roll call.) Gentlemen, the vote on Art 5 is as follows : Ayes, 31 ; noes, none; absent, 18. Gentlemen, by your vote you have adopted Art. 5 as a part of the constitution. Art. 6. Final reading of Art, 6. Are there any amendment s? The chair hears none. The question is on the final reading of Art. 6 as read. So many .as are of the opinion that Art. 6 be adopted as read will say .aye as their names are called; those of the opposite opinion will say no. The clerk will call the roll. (Roll call.) Mr. CLARK. Because I believe that an educational qualifi- cation for suffrage is contrary to the spirit of our institutions, and I am irrevocably opposed to that principle, I vote no. Mr. PRESTON. For the reason advanced by Mr. Clark, 1 vote no. Mr. SMITH. Sec. 9. The educational qualification in this article is very objectiona/ole to me, but as I desire to, vote for the balance of the article, I vote aye. Mr. PRESIDENT. Gentlemen," your vot,e on Art. 6 is as follows: Ayes, 25; noes, 6; absent, 18. By your vote you have adopted Art. of the constitution. Art. 7. Mr. POTTER. I would like to ask a question. It is well known that we have a grant of land to the state for a normal and agricultural ' college. I have a little fear that a few words in this section will take those lands for the university. This is the language : "All lands which have been heretofore grant- ed or which may be hereafter granted unto the university as such, or in aid of the instruction to bej given in any of its de- partments." Supposing at the university they give a normal and agricultural course, it will take these lands if those words remain in. ,1 have a little fear of it that is all. . Mr. COFFEEN. I was afraid of this when it was on its passage before. I feared that these words "or in aid of the instruction to be given in ^ any of its department^" might cut us off in the establishment of an agricultural and normal col- lege. I do not think the language is safe for the protection of their interests. I move to strike out line six of the printed WL Mr. HOYT. There is reference somewhere in the article to the other institutions. The committee on education having in mind that it might be the purpose of congress at some time to grant lands for normal school purposes, and in such case the legislature would see fit to make such location of those in- stitutions in different parts of the state as would promote the jgeneral interests and serve the whole public. In some of the 852 CONSTITUTIONAL CONVENTION. eastern states they have these normal schools established upon grants from congress. They are located in different sections of the state. I believe in a normal department in the univer- sity. This was the purpose of the committee. Mr. CHAIRMAN. The question is on the motion to strike out. All in favor of the amendment will say aye; contrary no. The noes have it ; the motion to strike out is lost. Mr. HAY. Before we leave this I notice that that section, ends with the words "such lands may be leased on terms ap- proved by the land commissioners, but may not be sold on terms not approved by congress," In looking over the senate bill 2445, I notice that it is absolutely one of the provisions of that bill that no one person shall buy or lease more than six hundred and forty acres. That was included in the original report of the committee and I called attention to it at the time it was discussed, and would say that /I think it had better go back. Mr. BAXTER, . According to the wording of the last of the section it conveys the idea that they would have to submit the terms to be approved by congress. Mr. PRESIDENT. I would suggest to the gentleman that the idea is this : Some of these lands will never be sold for ten dollars an acre, and we want to arrange it so we may hereafter secure the approval of congress to sell them at a lower figure. Mr. PRESIDENT. The question is on the article as read. So many as are of the opinion that Art. 7 be adopted as read will say aye as their names are called; those of the opposite opinion will say no. The clerk will call the roll. (Roll call.) Gentlemen, your vote on Art. 7 is as follows: Ayes, 31; noes, none; absent, 18. Gentlemen, by your vote you have adopted Art. 7 as a part of the constitution of the state of Wyo- ming. Mr. CAMPBELL. /I move we now take a recess until half past one. Mr. PRESIDENT. The committee appointed on address to the people are now ready to report. Is there objection to this report being received before we fake a recess? If not the report will be received at this time. Mr. RINER. I move the report be adopted. Mr. PRESIDENT. The question is on the adoption of the report of the committee on address to the people. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the motion prevails. The report of the committee stands adopted. Mr. RINER. I move we take a recess until 2 o'clock. Mr. PRESIDENT. The question is on the motion to take a recess until 2 o'clock. Are you ready for the question? AH PROCEEDINGS AND DEBATES. 853 In favor of the* motion will say aye; contrary no. The ayes have it; the motion prevails. U AFTERNOON SESSION. Monday afternoon, Sept. 30. Mr. PRESIDENT. At the moment of adjournment we were reading the constitution. We will now proceed. The next arti- cle before us is Art. 8. Any amendments? The chair hears none. The clerk will call the roll. Gentlemen, your vote on Art. 8 of the constitution is as- follows: Ayes, 23; noes, 2; absent, 24. By your vote you have adopted Art. 8 as a part of the constitution of Wyoming. Art. 0. Any amendments? Mr. HOPKINS. jit has been thought, by some members of the convention here that the two state offices of mine inspec- tor and state geologist were not an absolute necessity. It is well known what the duties of the mine inspector are. In the first place a mine inspector is really a mine detective. The law provides, the one we are now running under, that the in- spector shall visit each mine in the territory once every quar- ter, or four times in the year. I suppose there are about fifteen mines in the territory, something in that neighborhood. The inspector is expected to visit each one of those mines accord- ing to law, once every quarter. It will take him about two weeks to perform the duties of his office, as required by law. That certainly leaves a large portion of his time unemployed. Now the question is whether a mine inspector can be found who would combine the knowledge of mining engineer and state geologist, I know of such people and think there are lots of such people, and think they could be secured for the sal- ary we would pay the mine inspector, $2,500 a year and ex- penses, and I would move- to add to Sef . 7 of this file on coal mines, after the Avords "the position 7 ' the following: "said state geologist, shall ex-officio perform the duties of inspector of mines until otherwise provided by law." Mr. RUSSELL. I hope this convention will not adopt this amendment, as I think it will be detrimental to the object of coal mine inspectors. While such men as spoken of by the gentleman from Sweetwater can be found combining the knowl- edge necessary to the examination of coal mines, ventilation, etc., and the knowledge and wisdom suitable to fill the posi- tion of state geologist, I think they are very scarce. The posi- tion of' coal mine inspector is such a one that the necessary knowledge is not obtained in schools, the practical knowledge that office demands is only obtained in coal mines. I think you would find when you come to apply this, and put it in oper- ation, that it would not be FO easy to do it. f do not think it 54 CONSTITUTIONAL CONVENTION. would work right, and I don't think we want to risk it anyway. The present original section provides that the legislature shall fix the salary, and if the salary is found too high for the work performed, the legislature can reduce it, and can do the same with the salary of the geologist, and I do not think that the amendment ought to carry. Mr. HOPKIXS. I w r ish to say respecting this question of salary, it is not a question as to whether the salary is too high, for the work actually performed. The office is of such a character that the law must provide that he shall not have any interest or be employed in any other way as a mine man, _pr as a man connected with mines. He must have no connec- tion with any mine whatever. He must, like a judge of the supreme court, do nothing else, and you have got to pay the salary with that restriction. He can only be employed in such capacity by the territory. By nobod3 r else. Mr. COFFEEN. I do not know to what extent this has been discussed among the members. I made a rew remarks in defense of the position of state geologist, and that office has been retained, for the reasons then stated, but let me say here for myself, if we must combine one of these offices with the other, I want the office of mine inspector to be considered by all means the most important. His duties are those which relate to the protection of men in the most dangerous kind of employment in this country, and although I defended the po- sition of state geologist before, I would rather let that position go and do without a state geologist than to in any way pre- vent our having a practical mining inspector who knows from practical experience and training the things needed for the protection of the men in a mine. Therefore I will have to vote against this amendment. If any amendments are to be made let it be by striking out the state geologist and retaining tht- more important office. Mr. HOYT. With the permission of the convention I would like to ask Mr. Hopkins a question. Does it not follow natural- ly that a good state" geologist would make a good mining in- spector? Mr. HOPKINS. In answer to that question I would state that the study of geology is part of the ordinary studies of a mining engineer. Mr. HOYT. I merely wish to say, Mr. President, that I sec- ond the motion of the gentleman from Sweeitwater for two reasons. First, because I had understood that the proposition which he offered was entirely satisfactory to the members of this convention, who represent the mining interests. It would be far from my desire, sir, to do anything towards crippling the mining interests of the territory, which are very important. My second reason was that I believed then and I believe now that a man who is fit to be a state geologist of Wyoming should PROCEEDINGS AND DEBATES. 855 be one of the most intelligent men who can be selected as an inspector of mines. Our state geologist s)iould never be ap- pointed unleste they have been students at a school of mines. I understand that our present geologist is a graduate of a school of mines, which makes a specialty of that branch alone. He has not only studied geology, but he has made a special study of mines and mining interests. I think a person who is competent to fill the position of state geologist should be com- petent to be an inspector of coal mines,, and have such practi- cal knowledge that he will know whether they are properly ar- ranged and ventilated or not. Now if that is true, there is an- other reajson which will appeal- to every member of this con- vention, and it is that of economy. We should have a state geologist to make general surveys; of the territory, and other matters connected with the duties of that office, but there is nothing to prevent his going at stated times to the mines and making an examination' of them, such as will properly protect the mining interests. I want to say just one more word. I know how the miners feel about this matter, and they do not think the offices should be combined. It was attempted when tHe office was created in the Wyoming legislature, and it was decided then that it would not work well, and I am satisfied that it would not do so now. Mr. PALMER This combination of the office of state geo- logist and inspector of coal mines will be only temporary, until such time as the state can afford to separate those offices. Now so far as the mining interests are concerned, Mr. Hop- kins and myself, the Sweetwater delegation, represent the largest coal mining interests in the territory, and I mean to state that if the territorial geologist is made ex-officio inspector of coal mines, and a competend man is appointed to fill that position, there will be no objection to it: Mr. MORGAN. The gentleman from Sweetwater, Mr. Pal- mer, has stated the motion as I understand it, that the combi- nation is only temporary. In addition to that it seems to me that the state geologist while acting as mine inspector would have excellent opportunities for looking up the gelogist part of his work in that connection. It is only temporary, and if not found to be for the best interests of all concerned it can be changed. Mr. PRESIDENT. The question is on the amendment. All in favor of the amendment will say aye ; contrary no. The ayes have it; the motion to insert prevails. The question is now on the adoption of Art. 9 as read and amended. All who are of the opinion that the article be adopted will say aye; con- trary no. The clerk will call the roll. (Boll call.), Mr. RUSSELL. I vote aye, but .1 protest against this amendment. 856 CONSTITUTIONAL CONVENTION. Mr. PRESIDENT. Gentlemen, the vote on Art. 9 is as fol- lows: Ayes, 27; nays, 3; absent, 19. Gentlemen, by your vote you have adopted Art. 9 as a part of the constitution of the state of Wyoming. Art. 10 will now be read. Are there any amendments to Art. 10? The question is on the adoption of Art. 10. So many as are of the opinion that Art. 10 be adopted as a part of the constitution will say aye as their names are called; those of the contrary opinion will say no. The clerk will call the roll. (Roll call.) Mr. POTTER. I desire to explain my vote. I have no ob- jection to these matters under- the head of railroads, but I have objection to the article on corporations. I therefore vote no. Mr. PRESIDENT. Your vote on Art, 10 is as folio wis: Ayes, 27; noes, 1; aibsent, 21. Gentlemen, by your vote you have adopted Art. 10 as a part of the constitution of Wyoming. Mr. BURRITT. I ask unanimous' consent to introduce a resolution at this time, and ask for its immediate considera- tion. Mr. PRESIDENT. Is there objection to tlie resolution be- ing presented at this time? The chair hears none. The gen- tleman may introduce hifc resolution. Mr. BURRITT. ^Resolved, That the president and secre- tary of this convention are hereby instructed to certify to the secretary of the territory the mileage and per diem of each member of this convention, in case any member shall have been absent more that days they shall be allowed for the number of days actually in attendance." I have left the number of days blank, but move that, the number five be inserted. Mr. HOPKINS. As a, member of this convention who has been absent more than the time fixed, I desire to say that it approve of this proposition. Mr. KNIGHT. I have been absent from this convention a considerable portion of the time. I occupy the position of county attorney, and the first day of our court was the first day of the convention, and it has been impossible for me to be here all of the time, but I desire to say that so far as I am con- cerned, I shall only ask for a certificate* for the actual time I have been here, tip long as I was unable to be present and could not take the interest I would have taken if I had been here all along. Mr. PRESIDENT. The question is on the motion to insert the word five in the resolution as offered. Aro you ready for the question? All iu favor of the. amendment will say aye; contrary no. The ayes have it; the amendment prevails. The question is now on the adoption of the resolution as amended. All in favor of the adoption of the resolution will say aye; contrary no. The ayes have it; the resolution is adopted. PROCEEDINGS AND DEBATES. 857 The question is upon the adoption of Art. 11. Beading of Art. 11. Are there any amendments? The chair hears none, So many as are of the opinion that Art. 11 be adopted as read will say aye as their names are called; those of the contrary opinion will say no. The clerk will call the roll. (Eoll call.) Gentlemen, the vote on Art. 11 is as follows: Ayes, 31; noes, none; absent, 11). By your vote, gentlemen, you have adopted Art. 11 as a part of the constitution of the state of Wyoming. Art. 12. Beading of Art. 12. Are, there any amendments? The chair hears none. So many ais are of the opinion that Art. 12 as read be adopted a v - a part, of the constitution will say aye as their names are called; those of the opposing opinion will say no. The clerk will call the roll. Mr. COFFEEN. I desire to explain my vote. I think this limit of three millions of assessable property to be left in the old county does a very great injustice to persons living in a 'county who desire to form a new county organization. 1 vote aye on this article, but I protest against this portion of it. Mr. PRESIDENT. Gentlemen, your vote on Art, 12 is as follows: Ayes, 31; noes, none; absent, 18. By your vote you have adopted Art. 12 as a part of the constitution of Wyo- ming. Art. 13. Mr. BIXEB. I would like to know T if this article on salaries bejongts to the article on municipal corporations? Mr. CLARK. I will state, Mr. President, we had intended to make this a separate article, but in some way or other it got in here. Mr. BIXEB. It puts some of us, myself among the number, in a position where we shall have to vote against the article, which I very much dislike to do. In order that we may have an opportunity to vote I move this be made a separate article. Mr. PRESIDENT. It is moved and seconded that the arti- cle on salaries bo made a separate article in the constitution. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the motion prevails. The article will be numbered 14. We will now proceed to vote upon Art. 13. Mr. SMITH. As this section now stands the legislature is prevented from making any changes or modifying any exist- ing charters of cities or towns. Particularly the cities, they will want amendments to their charters, or to reorganize, and there is no provision in this constitution whereby they can do that. I offer as an amendment to be added to Sec. 1 the fol- lowing: "Cities and towns now existing under special charters or the general laws of the territory, may abandon sucli char- ter and reorganize under the general laws of the state." 858 CONSTITUTIONAL CONVENTION. Mr. PRESIDENT. Gentlemen, you have heard the amend- ment Are you ready for the question? All in favor of the amendment will say aye; contrary no. The ayes have it; the amendment is carried. Any further amendments? The ques- tion is now on the adoption of the article as amended. All who are of the opinion that Art. 13 as read be adopted as a part of the constitution will say aye as their names are called; those of the contrary opinion will say no. The clerk will call the roll. (Roll call.) Gentlemen, the vote on Art. 13 is as follows : Ayes, 32 ; noes, none; absent, 17. Gentlemen, by your vote you have adopted Arlt. 13 as a part of the constitution of the state of Wyo- ming. Art. 14. Mr. HARVEY. I desire to offer an amendment in liiie fifteen, the salary of the county treasurer is fixed at f l,500 r in counties of the second class, while in counties of the third class he receives $2,000. Now I think a,s a matter of policy we should increase that fifteen hundred to eighteen hundred, and il therefore move to strike out "fifteen" and insert "eigh- teen" in lieu thereof. Mr. PRESIDENT. Gentlemen, you have heard the amend- ment. Are you ready for the question? All in favor of the amendment will say aye; contrary no. The aye(s have it; the section is so amended. Mr. BURRITT. I desire to offer an amendment by adding a new section, as follows: "Whenever practicable the legisla- ture may, and when ever the same can be done without detri- ment to the public service, shall consolidate offices in state,, counties and municipalities respectively, and whenever so con- solidated the duties of such additional office shall be performed under an ex-officio title." Mr. PRESIDENT. The question in on the amendment of- fered by the gentlejuan from Johnson, to add a new section, to be numbered six. Are you ready for the question? All in fa- vor of the amendment will say aye; contrary no. The ayes have it; the new section stands adopted. Any further amend- ments ? Mr. ELLIOTT. I move to strike out Sec. 3. On consulta- tion with the members, most if .not all of them, admit the fact that they will not undertake to say that the salaries are right. Under the circumstances I move to strike, out the whole sec- tion. Mr. COFFEEN. I rise to a point of order, that changes the entire article. As decided upon by the united action of this convention heretofore, and theire is no use in discussing ir again. I believe I shall insist upon the point of order in this case 1 . Mr. PRESIDENT. The chair announced this morning that any amendment that was a mere matter of detail would be en- PROCEEDINGS AND DEBATES. 859 tertained, but that any amendment that would change the whole tenor of any article would not be entertained, except by order of the convention. The chair is of the opinion that the point raised by the gentleman from Sheridan is well taken. Does the gentleman desire a suspension of the rules? Mr. ELLIOTT. I do not Mr. PRESIDENT. Are there any further amendments? The chair hears none. The question is on the adoption* of Art. 14 as a part of the constitution. So many as are of the opin- ion that Art. 14 be adopted as a part of the constitution will so signify by saying aye as their names are called; those of the contrary opinion will say no. The clerk will call the roll. Mr. BURRITT. I vote aye under protest. Mr. CAMPBELL. I wish to explain my vote. I think it will be difficult if not impossible under the operation of this ar- ticle, to get a good man to accept the office, and I therefore vote no. Mr. HOYT. For the reson given heretofore, T vote no. Mr. POTTER I wish to explain my vote. Under ordinary circumstances I would consider that fixing of salaries of county officers in a constitution out of place. But under the peculiar circumstances under which it was introduced here I vote aye. Mr. PRESTON. Mr. Nickerson, who is directly opposed in his views upon this question to mine, is absent, I know his vote would kill mine, if he was here. I ask to pair with him. Mr. PRESIDENT. Is there objection to excusing the gen- tleman? There seems to be objection; the gentleman will vote. Mr. PRESTON. No. Mr. SMITH. I think the principle involved here' is emi- nently proper, but I am not satisfied with this as it is here, but I believe in taking what we can get, and vote aye. Mr. PRESIDENT. Gentlemen, your vote on Art, 14 is as follows: Ayes, 21; noes, 10; absent, 18. By your vote you have adopted Art. 14 as a part of the constitution of Wyo- ming. Art. 15. Are thejre any amendments? Mr. RINER. I would like to ask a question. In the section refeirring to the state board of equalization it says such as- sessed valuation shall be apportioned among the several coimr ties. Now I want to ask this question, as I am not quite sat- isfied myself, whether, or not it is necessary to insert the words "according to the mileage therein?" It seems to me that with- out these words the territorial board would be ofbliged to ap- portion it equally, whereas the purpose of the section is to ap- portion according to the mileage in the county, so that each county will get the benefit of the mileage in the county. It seems to me that without those words in there thev Avould 860 CONSTITUTIONAL CONVENTION. have to apportion it equally. At least that seeeins to me would be the effect of it. I therefore move to insert the words "ac* cording to the mileage therein," after the word "counties." Mr. PRESIDENT. Gentlemen, YOU have heard the amend- ment. Are you ready for the question? All in favor of the amendment will say aye; contrary no. The ayes have it; the amendment prevails. Are there any other amendments? The question is on the adoption of Art. 15 as amended. So many as are of the opinion that Art. 15 be adopted as read and amend- ed will say aye asi their names are called; those of the con- trary opinion will say no. The secretary will call the roll. (Roll call.) Gentlemen, your vote on Art. 15 is as follows: Ayes, 26; noes, 4; absent, 19. Py your vote you have adopted Art. 15 as a part of the constitution of Wyoming. Art. 1(5. Final reading of Art. 16. Are there any amendments? The chair hears none. The question is upon the adoption of the article as read. So many as are of the opinion that Art. 16 be adopt- ed as a part of the constitution will say aye; those of the con- trary opinion will say no. The secretary will call the roll. (Roll call.) Gentlemen, your vote on Art. 16 is as follows: Ayes, 31; noes none; absent, 18. Gentlemen, by your vote you have adopted Art. 16 as a part of the constitution of Wyoming. Art. 17. Final reading of Art. 17. Are there any amendments? The chair hears none. The secretary will call the roll. (Roll call.) Gentlemen, your vote on Art. 17 is as follows? Ayes, 31; noes, none; absent, 18. Gentlemen, by your vote you have adopted Art. 17 as a part of the constitution of Wyoming. Art. 18. Final reading of Art. 18. Are there any amendments? The chair hears none. Thequestion is on the adoption of Art 18 as read. All who are of the opinion that Art. 18 be adopt- ed as a part of the constitution will say aye as their names are called; those of the contrary opinion will say no. The clerk will call the roll. . (Roll call.) Gentlemen, your vote on Art, 18 is as follows: Ayes, 31; noes, none; absent, 18. Gentlemen, by your vote you have adopted Art. 18 as a part of the constitution of Wyoming. Art. 11). Are there any amendments to Art. 19? The rliair hears none. The question is upon the adoption of Art. 19 as read. All who are of the opinion that Art. 19 be adopt- ed as a part of the constitution will say aye as their names are called; those of the contrary opinion will say no. The clerk will call the roll. (Roll call.) PROCEEDINGS AND DEBATES. 86 1 Gentlemen, your vote on Art. 10 is as follows: Ayes, 30; noes, none ; absent, 18. By your vote you have adopted Art. 11) as a part of the constitution. Art. 20. Final reading of Art. 20. Are there any amendments? The chair hears none. The question is upon the adoption of Art. 20. So many as are of the opinion that Art. 20 .be adopted as a part of the constitu- tion will say aye; contrary no as their names are called. The clerk will call the roll. (Holl call.) Gentlemen, your vote on Art. 20 is as follows: Ayes, 31; noes, none; absent, 18. Gentlemen, by your vote you have adopted Art, 20 as a part of the constitution of the state ot Wyoming-. Final reading of Art. 21. Are there any amend- ments ? Mr. COFFEEN. I hope I may interrupt a moment while I call attention to one or two things of importance to us. Sec. 6 provides that "said election shall be conducted in the same manner as provided by the laws of the territory for general elections." I anticipate that it w r ill be difficult to get some county boards to proceed and carry forward this election as prescribed by law. I think we ought to have a saving clause in there that we may not jeopardize the representation of the views of the people in some of the counties. I have one county in mind particularly, and by inserting the words, "as nearly as nuiy foe", would reach this. We may not be able to get our/ board of county commissioners to call an election, and if not we will have to use our own individual efforts as nearly as may be according to law in case the county commissioners are not willing to do anything. I should be very glad to hear some suggestions on this point. Mr. ELLIOTT. I would like to have a little information upon that subject myself. I understand that two county at- torneys have already given their written opinions to the county commissioners that the county cannot lawfully call an elec- tion under this constitution, and expend public money there- for. I occupy the position at the prelsent time of county at- torney of Johnson county, and I would ask the legal gentlemen of this convention to tell me in what way I, as an officer of the county of Johnson, can legally advise my board of county com- missioners that they would ,be authorized in expending public money for the calling of an election of this land. If it is not called by the county commissioners and is not legally conduct- ed, we are not going to have a ratification of this constitu- tion that will be of any benefit to us at all. It is a matter that has bothered me a good deal, in regard to the authorizing of this electionT Mr. BROWN. Does the gentleman from Sheridan, or any one else, propose any amendment to this section of the article? 862 CONSTITUTIONAL CONVENTION. / Mr. COFFEEX. If no one else has anything to suggest I move to insert after the word "election" the words "as nearly as may be."' Mr. PRESIDEXT. Gentlemen, you have heard the amend- ment. Are you ready for the question? All in favor of the amendment will say aye; contrary no. The ayes have it; the section is so amended. It is the opinion of your chairman, gentlemen, that our territorial legislature will at the earliest moment possible provide for the payment of these election ex- penses in the election appointed by this convention to pass upon this constitution. I myself have not got so poor an opin- ion of our legislature to think that they would hesitate for a moment over the payment of the expenses of this election. The question is on the adoption of Art. 21. Are you ready for the question? So many as are of the opinion that Art. 21 be adopted as a part of the constitution will say aye; contrary no. The clerk will call, the roll. '(Roll call.) H Gentlemen, your vote on Art. 21 is as follows: Ayes, 31: noes, none; absent, 18. By your vote you have adopted Art. 21 as a part of the constitution of Wyoming. Ordinances. Are there any amendments? Mr. TESCHEMACHER. I have no amendments to make, but only wish to make an inquiry. We have not specially mentioned the Yellowstone Park or the military reservations owned by the United States, although we have disclaimed all right to the unappropriated public lands, and I wish to know whether in doing that we have done all that is necessary. Mr. RIXER. It seems to me that it would be proper to add after the words "unappropriated public lands," "and all lands and places over which the United States has exclusive control" so as .to reach all of these military posts and other reserva- tions. Mr. POTTER. They are not specially mentioned in Mon- tana. Montana has a part of the Yellowstone Park' and that is not specially mentioned by her. This is in the language of the senate bill requiring the convention to declare certain things, and it seems to me that the word "unappropriated" takes in all these landk }Ir. RIXER. I think the usual provision is "all lands and places over which the United States has exclusive control." That means lands withdrawn from sale for the use of military posts, reservations, etc. Mr. HOYT. I think I have an amendment prepared that will be better. Insert after the word "lands" in~Sec. 3 in line four, the words "such places and areas within the state lim- its." PROCEEDINGS AND DEBATES. 863 Mr. POTTER. That will make the territory disclaim all title to everything in the territory. That is exactly the lan- guage of the senate bill, and it seems to me covers the question entirely. . Mr. HOYT. I withdraw my proposition. Mr. PRESIDENT. The question is on the adoption of the ordinances. Are you ready for the question? All who are of the opinion the ordinances as read be adopted will say aye as their names are called; those of the contrary opinion will say no. The clerk will call the roll. (Roll call.) Gentlemen, your vote on the ordinance^ is a,s follows: Ayes, 31; noes, none; absent, 18. Gentlemen, by your vote the ordi- nances are adopted. Mr. CAMPBELL. I would like to have my vote recorded on the preamble. I was not here when it was passed. I vote aye. Mr. JOHNSTON. I ask the same privilege. I vote aye. Mr. PRESIDENT. How soon can the committee on enroll- ment report? Mr. TESCHEMACHER, The committee is now ready to report. They have the Constitution properly enrolled as amended. The committee desire to return thanks to the as- sistant secretary and to the enrolling clerks for the great amount, of extra work they have done, enabling us to com- plete our labors at such an efarly time. Mr. PRESIDENT. The constitution having been reported, by the committee on enrollment as correctly enrolled, and hav- ing been finally read at length, the question now arises upon its adoption as a whole. Are you ready for the question? All who are of the opinion that the constitution as a whole be adopted will say aye as their names are called; those of the contrary opinion will say no. The clerk will call the roll. (Roll call.) Gentlemen, your vote on the adoption of the constitution is as follows: Ayes, 37; noes, none; absent, 12. Gentlemen, by your vote you have adopted the constitution of the state of Wyoming. Mr. CLARK. I desire to offer a resolution and move its adoption. "Resolved that the goveirnor of this territory be requested to issue a proclamation calling a special election for the adoption or ratification of this constitution, to occur at the time in said prpclamation mentioned." Mr. PRESIDENT. Gentlemen, the question is on the res- olution as offered by the gentleman from Uinta Mr. Clark. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the resolution stands adopted. 864 CONSTITUTIONAL CONVENTION, Mr. HAY. I move that the signing of the constitution be now commenced, and that the secretary of the convention call the roll, an3 as each members name is called he sign the con- stitution. Mr. PRESIDENT. Gentlemen, you have heard the motion. Are you ready for the question? All in favor of the motion will say aye; contrary no. The ayes have it; the motion pre- vails. The secretary will call the roll, and as their names are called the members will step forward and sign the. constitu- tion. (Signing of the constitution.) Mr. COFFEEN. Had we better riot have the journal of to- day's proceedings read, that we may pass upon that. Mr. PRESIDENT. The secretary will read the journal for today. Gentlemen, you have heard the reading of the journal. Are there any amendments? The chair hears none. The journal stands approved. Mr. RINER. I have been unanimously selected to make the final motion to adjourn. I move that this convention do now adjourn subject to the call of the president. Mr. PRESIDENT. Before putting that motion I desire to again thank you for your uniform courtesy to the chair, for your great industry, and for the many favors you have be- stowed upon me as your presiding officer. I shall always re- member your kindly conduct towards me as one of the best recollections of my life. The question is on the motion to ad- journ. Are you ready for the question? All in favor of the motion will say aye; contrary up. The ayes have it; the con- vention will now adjourn subject to the call of the president. CONTENTS. ARTICLE. PAGE. I Declaration of Rights 5 II Distribution of Powers 9 III Legislative Department 9 IV Executive Department 18 V Judicial Department 22 VI Suffrage ' 27 VII -Education ....'.... 30 VIII Irrigation and Water Rights 35 IX Mines and Mining 36 X Corporations 37 XI Boundaries 4 XII* County Organization 4 XIII Municipal Corporations 4 1 XIV Salaries 4 2 XV Taxation and Revenue 44 XVI Public Indebtedness 46 XVII State Militia 4 s XVIII Public Lands and Donations 4^ XIX Miscellaneous 5 XX Amendment 5 2 XXI Schedule. , 53 CONSTITUTION -OF- THB STATE OF PREAMBLE. We, the people of the State of Wyoming, grateful to God for our civil, political and religious liberties, and desiring to secure them to ourselves and perpetuate them to our posterity, do ordain and establish this constitution. ARTICLE No. 1. DECLARATION OF RIGHTS. Section 1. All power is inherent in the people, and all free governments 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 indefeasi- ble 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 pur- suit 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 6 CONSTITUTION. of its citizens shall be without distinction of race, color, sex r or any circumstance or condition whatsoever other than indi- vidual incompetency, or unworthiness duly ascertained by a court of competent jurisdiction. Sec. 4. The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures shall not be violated, and no warrant shall issue but upon probable cause, supported by affidavit, particularly de- scribing the place to be searched or 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 prop- erty without due process of law. Sec. 7. Absolute, arbitrary power over the lives, liberty and property 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 done to person, reputation or property shall have justice administered without sale, denial or delay. Suits may b 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 ariminal 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 mem, any nine of whom concurring may find an indictment, but the legislature may change, regu- late or abolish the grand jury system. Sec. 10. In all criminal prosecutions the accused shall have the right to defend in person and by counsel, to demand the nature and cause of the accusation, to have a copy thereof, to be confronted with the witnessed against him, to have com- pulsory 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 committed. 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 arrested after a verdict, or if the judgment be reversed for error in law, the accused shall not be deemed to have been in jeopardy. CONSTITUTION. 7 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 imprisoned. Sec. 13. Until otherwise provided by law, no person shall, for a felony, be proceeded against criminally, othewise than by indictment, 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 proof is evident or the presumption great. Excessive bail shall not be required nor excessive fines imposed, nor shall cruel or unusual punishment be inflicted. Sec, 15. The penal code shall be framed on the humane principles of reformation and prevention. Sec. 16. No person arrested and confied in jail shall be treated with unnecessary rigor. The erection of safe and com- fortable prisons, and inspection 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 suspended unless, when in case of rebellion or invasion, the public safety may require it. Sec. 18. The free exercise and enjoyment of religious pro- fession and worship without discrimination or preference shall be forever guaranteed in this state, and no person shall be rendered incompetent 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 money of the state- shall ever be given or appropriated to any sectarian or religious society or institu- tion. 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, tfie trut hwhen published with good intent and for justifiable ends shall be a suf- ficient defense, the jury having the right to determine the facts and the law, under direction of the court. g CONSTITUTION. : Sec. 21. The right of petition, and of the people peaceably to assemble to consult for the common good, and to make known their opinions, shall never be denied or abridged. Sec. 22. The rights of labor shall have just protection 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 educa- tion should have practical recognition. The legislature .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 themselves and of the State shall not be denied. Sec. 25. The military shall ever be in strict subordination to the civil powers. No soldier in time of peace shall be quart- ered in any house without consent of the owner, nor in time of war except in the manner prescribed by law. Sec. 20. Treason against the State shall consist only in levying w r ar against it, or in adhering to its enemies, or in giving them aid and comfort. No person shall be convicted of trason unless on the testimony of two witnesses to the same overt act, or on confession in open court; nor shall any per- son be attainted of treason by the legislature. See. 27. Elections shall be open, free and equal, and no power, civil or military, shall at any time interfere to prevent an untrammeled exercise of the right of suffrage. Sec. 28. No tax shall be impoised without the consent of the people or their authorized representatives. All taxation shall be epual and uniform. Sec. 29. No distiction shall ever be made by law^ between resident aliens and citizens as to the possession, taxation, en- joyment and descent of property. Sec. 30. Perpetuities and monopolies are contrary to the genius of a free state, and shall not be allowed. Corporations being creatures of the State, endowed for the public good with a portion of its sovereign powers, must be subject to its con- trol. Sec. 31. Water being essential to industrial prosperity, of limited amount, and easy of diversion from its natural chan- nels, its control must be in the State, which, in providing for its use, shall equally guard all the various interests involved. CONSTITUTION. 9 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 ior public or private use without just compensation. Sec. .-U. All laws of a general nature shall have a uniform operation. Sec. 35. 2so ex post facto law, nor any law impairing the obligation of contracts, shall ever be made. Sec. 3G. 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 Federal Union, and the Constitution of the United States is the supreme law of the land. ARTICLE No. I|L DISTRIBUTION OF POWERS. Section 1. The powers of the government of this state are divided into three distinct departments: the legislative, execu- tive and judicial, and no person or collection of persons charged with 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 directed 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." 10 CONSTITUTION. Sec. 2. Senators shall be elected for the term of four (4> years and representatives for the term of two (2) years. The seators elected at the first election shall be divided by lot into two classes as nearly equal as may be. The seats of sen- tors 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 W 7 as elected. Sec. 3. Each county shall constitute a senatorial and rep- resentative 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 counties as nearly as may be ac- cording 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 representa- tives be less than twice nor greater than three times the num- ber of members of the senate. The senate and house of repre- sentatives 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 prescribed by law. Sec. 5. Members of the senate and house of representa- tives shall be elected on the day provided by law for the general election of a member 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 compen- sation for his 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 compen- sation, 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- CONSTITUTION. 1 1 members of the legislature shall be provided by law ; but no leg- islature shall fix its own compensation. Sec. 7. The legislature shall meet at the seat of govern- ment at twelve o'clock, noon, on the second Tuesday of Janu- ary next succeeding the general election provided by law, and at twelve o'clock, noon, on the second Tuesday of Janu- ary of each alternate year thereafter, and at other times when convened by the governor. Sec. 8. No senator or representative shall, during the term for 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 States or this State, shall be a member of either house during his continuance in office. Sec. 9. No member of either house shall, during the term for which he was elected, receive any increase of salary or mile- age under any law passed during that term. Sec. 10. , The senate shall, at the beginning and close of each regular session and at such other times as may be neces- sary, elect one of its members president; the house of repre- sentatives shall elect one of its members speaker; each house shall choose its own officers, and shall judge of the election returns and qualifications of its members. Sec. 11. A majority of eaoh house shall constitute a quo- rum to do business, but a smaller number may adjourn from day to day, and compel the attendance of absent members in such manner and under such penalties as each house may pre- scribe. Sec. 12. Each house shall have power to determine the rules of its proceedings, and to punish its members or other persons for contempt or disorderly behavior in its presence; to protect its members against violence of oifers of bribes or private solicitation, and with the concurrence of two-thirds, to expel a member, and shall have all other powers necessary to the Legislature of a free state. A member expelled for corrup- tion shall not thereafter be eligible to either house of the Leg- islature, and punishment for contempt or disorderly behavior shall not bar a criminal prosecution for the same offense. Sec. 13. Each 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 ! 2 CONSTITUTION. on any question, shall, at the request of two members, be ent- ered 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 re*- quires 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 at- tendance at the sessions 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 impeachment shall vest in the house of representatives; the concurrence of a majority of all the members being necessary to the exercise thereof. Im- peachment shall be tried by the senate sitting for that pur- pose, and the senators shall be upon oath or affirmation to do JTistice according to law and evidence. When the governor is on trial the chief justice of the supreme court shall preside. Ko person shall be convicted without a concurrence of two- thirds of the senators elected. > Sec. 18. The governor and other state and judicial officers except justices of the peace, shall be liable to impeachment for high crimes and misdemeanors, or malfeasance in office, but judgment in such cases shall only extend to removal from office and disqualification to hold any office of honor, trust or profit under the laws of the State. The party, whether con- victed or acquitted, shall, nevertheless, be liable to prosecution, trial, judgment and punishment according to law. Sec. 10. 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. Xo 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 fol- lows: "Be it Enacted by the Legislature of the State of Wyo- ming." CONSTITUTION. ! 3 Sec. 22. No bill for the appropriation of meney, except for the expenses 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 referred 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 containing 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 bo entered on the journal. Sec. 26. No law shall be revised or amended, or the pro- visions 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 enumerated cases, that is to say: For granting divorces; laying out, opening, altering or working roads or highways; vacating roads, tow r n plats, streets, alleys or public grounds; locating or changing county seats; regulat- ing county or township affairs; incorporation of cities, towns or villages ; or changing or amending the charters of any cities. towns or villages; regulating the practice in courts of justice;; regulating the jurisdiction and duties of justices of the peace,, police magistrates or constables; changing the rules of evi- dence in. any trial or inquiry; providing for changes of venue in civil or criminal cases; declaring any person of age; for limi- tation of civil actions; giving effect to any informal or invalid deeds; summoning or impaneling grand or petit juries; pro- viding for the management of common schools; regulating the rate of interest on money; the opening or conducting of any election or designating the place of voting; the sale or mort- gage of real estate belonging to minors or others under disa- bility; chartering or licensing ferries or bridge or itoll roads; chartering banks, insurance companies and loan and trust com- panies; remitting fines, penalties or forfeitures; creating, in- I4 CONSTITUTION. creasing or decreasing fees, percentages or allowances of pub- lic officers; changing the law of descent; granting to any cor- poration, association or individual, the right to lav down rail- road tracks or any exclusive or special privileges, immu- nity or franchise whatever, or amending existing charter for such purpose; for punishment of crimes; changing the names of persons or places; for the assessment or collection of taxes; affecting estates of deceased persons, minors or others under legal disabilities; extending the time for tho collection of taxes; refunding money paid into the state treasury; relin- quishing or extinguishing, in whole or in part, the indebtedness, liabilities or obligations of any corporation or person to this State or to any municipal corporation therein ; exempting prop- erty from taxation; restoring to citizenship persons convicted of infamous crimes; authorizing the creation, extension or im- pairing of liens; creating offices or prescribing the powers or" duties of officers in counties, cities, townships or school dis- tricts; or authorizing the adoption or legitimation of children. In all 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 resolutions passed by the legislature immediately after their titles have been publicly read, and the fact of signing shall be at once entered upon the journal. 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 compensa- tion to any public officer, servant or employe, agent or contrac- tor, after services 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, jour- nals and department reports and other printing and binding, and the repairing and furnishing of the halls and rooms used for the meeting of the legislature and its committees shall oe performed under contract, to be given to the lowest respon- CONSTITUTION. ! 5 ible bidder, below such maximum price and under such regula- tions 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 othewise 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 ap- pointment ; but this shall not be construed to forbid the legis- lature from fixing the salaries or emoluments of those officers first elected or appointed under this constitution, if such sala- ries or emoluments are not fixed by its provisions. Sec. 33. All bills for raising revenue shall originate in the house of representatives; but the senate may propose amend- ments, as in case of other bills. Sec. 34. The general appropriation bills shall embrace nothing but appropriations for the ordinary expenses of the legislative, executive and judicial departments 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 public debt, money shall be paid out of the treasury only on appropriations made by the legislature, and in no case othewise than upon warrant drawn by the proper officer in pursuance of law. Sec. 36. No appropriation shall be made for charitable, industrial, educational or benevolent purposes to any person, corporation or community not under the absolute control of the State, nor to any denominational or sectarian institution or association. Sec. 37. The legislature shall not delegate to any special commissioner, private corporation or association, any power to make, supervise or interfere with any municipal improvements, moneys, property or effects, whether held in trust or otherwise, to levy taxes, or to perform any municipal functions what- ever. Sec. 38. No act of the legislature shall authorize the invest- ment 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 con- j6 CONSTITUTION. tract 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, associa- tion or corporation, held or owned by the State, or any munic- ipal 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 ex- tinguished, except by the payment thereof into the proper treasury. Sec. 41. Every order, resolution or vote, in which the con- currence of both houses may be necessary, except on the ques- tion of adjournment, or relating solely to the transaction of the business of the two houses, shall be presented to the gov- ernor, 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 legig* lature shall offer or promise to give his vote or influence in fa- vor of or against any measure or proposition, pending or to be introduced into the legislature, in consideration or upon condi- tion that any other person elected 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 proposition pending or pro- posed to be introduced into such legislature, the person mak- ing such offer or promise shall be deemed guilty of solicitation of bribery. If any member of the legislature will 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 such measure or proposition pending or to be introduced in such legislature,or in consideration that any other member has given his vote or influence for or against any other measure or proposition in such legislature, he shall be deemed guilty of bribery, and any mem- legislature, he shall be deemed guilty of bribery, and any mem- ber 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 CONSTITUTION. ^ thereof in the civil courts shall be liable to such further penalty as may be prescribed by law. Sec. 43. Any person who shall directly or indirectly offer, give or promise any money or thing of value, testimonial, pri- vilege or personal advantage, to any executive or judicial offi- cer or member of the legislature, to influence him in the per- formance 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 investigation or judicial proceeding against any person who may be charged with having committed the offense ot bribery or corrupt solicitation, or practices of solicitation, and shall not be permitted to withold his testimony upon the ground that it may criminate himself, or sul ject him to public infamy; but such testimony shall not afterwards be used against him in any judicial proceeding, except for perjury in giving such testimony, and any percon convicted of either of the offense aforesaid shall, as part of the punishment there- for, 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 legislature 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 legisla- ture shall disclose the fact to the house of which he is a mem- ber, and shall not vote thereon. APPORTIONMENT. Section 1. One representative in the congress of the Unit- ed 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 pre- scribed by law. When a new apportionment shall be made by congress, the legislature shall divide the state into congres- sional districts accordingly. 2 X 8 CONSTITUTION. See. 2. The legislature shall provide by law for an enum- eration 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 authority of the United States, shall revise and adjust the apportionment for senators and repre- sentatives, 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 represen- tative 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 clis tricts. Sec. 4. Until an apportionment of senators and representa- tives as otherwise provided by law, they shall be divided among the several counties of the state in the following manner : Albany county, two senators and five 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. Laramie county, three senators and six representatives. Johnson county, one senator and two representatives. Sheridan county, one senator and two representatives. Sweetwater county, two senators and three representatives. Uinta county, two senators and three representatives. AKTICLE No. IV. EXECUTIVE DEPARTMENT. Section 1. The executive power shall be vested in a gov- ernor, who shall hold his office for the term of four (4) years and until his successor 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 elec- tor of the State, who has attained the age of thirty years, and CONSTITUTION. . . [9 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 elec- tors of the State at the time and place of choosing members of the legislature. The person* having the highest number of votes for governor shall 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 coniniander-in-chief of the military forces of the State, except when they are called into the service of the United States, and may call out the same to execute the law r s, suppress insurrection and repel invasion. He shall have power to convene the legislature" on extraordinary occasions. He shall at the commencement of each session com- municate to the legislature by message, information of the con- dition 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 ex- pedite 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 after conviction, for all offenses except treason and cases of impeach- ment; but the legislature may by law regulate the manner in which the remission of fines, pardons, commutations and re- prieves may be applied for. Upon conviction for treason he shall have power to suspend the execution of sentence until the case is reported in the legislature at its next regular ses sion, when the legislature shall either pardon, .or commute the sentence, direct the execution of the sentence or grant further reprieve. He shall communicate to the legisla- ture at each regular session each case of remission of fine, re- prieve, commutation or pardon granted by him, stating the name of the convict, the crime for which he was convicted, the sentence and its date, and the date of the remission, com- mutation, pardon or reprieve, with his reasons for granting the same. 20 CONSTITUTION. / Sec. 6. If the governor be impeached, displaced, resign or die, or from mental or physical disease or otherwise become incapable of performing the duties of his office or be absent from the State, the secretary of state shall act as governor until the vacancy is filled or the disability removed. Sec. 7. When any office from any cause becomes vacant,, and no mode is provided by the constitution or law for filling such vacancy, the governor shall have power to fill the same by appointment. Sec. 8. Every bill which has passed the legislature shall, before it becomes a law 7 , be presented to the governor. (If he approve, he shall sign;. '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 reconsideration two-thirds of the members elected agree to pass the bill, it shall be sent, to- gether with the objections, to the other house, by which it will likewise be reconsidered, and if it be approved by two- thirds of the members elected, it shall become a law; but in all such cases the vote of both hpuses shall be determined by yeas and nays, and the names of the menibers 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 three days (Sundays excepted) after its presentation to him, the same shall be a law, unless the legislature by its ad- journment, 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 adjourn- ment. Sec. 9. The governor shall have power to disapprove of any item or items or part or parts of any bill making appropria- tions 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 ses- sion 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. CONSTITUTION. 2 1 Sec. 10. Any governor 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 con- sideration that any member of the legislature shall give his of- ficial vote or influence on any particular side of any question or matter upon which he is required to act in his official capac- ity, 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 or- fice created or thereafter to be created in consideration 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 who threatens any member that he, the govern- or, will remove any person or persons from office or position with intent in any manner to influence the action of said mem- ber, shall be punished in the manner now or that may here- after be provided by law, and upon conviction thereof shall forfeit all right to hold or exercise any office of trust or honor in this State. Sec. 11. There shall be chosen by the qualified electors of the State at the times and places of choosing members of the legislature, a secretary of state, auditor, treasurer and su- perintendent of public instruction, who shall have attained the age of twenty-five years respectively, shall be citizens of the United States, and shall have the qualifications of state elec- tors. They shall severally hold their offices at the seat of government, for the term of four (4) years and until their suc- cessors are elected and duly qualified, but no person shall be eligible for the office of treasurer for four (4) years after the expiration of the term for which he was elected. The legisla- ture may provide for such other state officers as are deemed necessary. Sec. 12. The powers and duties of the secretary of state, of state auditor, treasurer and superintendent of public instruc- tion shall be as prescribed by law r . Sec. 13. Fntil otherwise provided by law, the governor shall receive an annual salary of two thousand five lumdred dollars, the secretary of state, state auditor, state treasurer and superintendent of public instriictian shall c-ach receive an annual salary of t\vo thousand dollars and the salaries of any of said of- 22 CONSTITUTION. fleers shall not be increased or diminished during the period for which they were elected, and all fees and pro-fits arising from any of the said offices shall be covered into the state treasury. Sec. 14. The legislature shall provide for a state examiner, who shall be appointed by the governor and confirmed by the senate. His duty shall be to examine t'-c accounts of state treasurer, supreme court clerks, district court clerks, and all county treasurers, and treasurers of such other public institu- tions as the law may require, and shall perform such other duties as the legislature may prescribe. He shall report at least once i 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 secretary of state and used by him officially as di- rected by law. Sec. 16. The seal of the Territory of Wyoming as now used shall be the seal of the State until otherwise provided by law. AKTICLE No. 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, district courts, justices of the peace, courts of arbitra- tion and such courts as the legislature may, by general law, establish for incorporated cities or incorporated towns. Sec. 2. The supreme court shall have general appellate jurisdiction, co-extensive with the State, in both civil and crim- inal 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 have original jurisdiction in quo warranto and mandamus as to all State officers, and in habeas corpus. The supreme court shall also have power to issue writs of mandamus, review, prohibition, habeas corpus, certiorari, and other writs necessary and proper to the com- CONSTITUTION. 2 3 plete exorcise 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 per- son held in actual custody, and may make such writs returnable before himself or before the supreme court, or before any dis- trict court of the state or any judge thereof. Sec. 4. The supreme court of the State shall consist of three justices who shall be elected by the qualified electors of the State at a general state election at the times and places at which state officers are elected; and their term of office shall be eight (8) years, commencing from and after the first Monday in January next succeeding their election; and the jus- tices elected at the first election after this convention shall go, into effect, shall at their first meeting provided by law, so clas- sify themselves by lot that one of them shall go out of office at the end of four (4) years, and one at the end of six (6) years, and one at the end of eight (8) years from the commencement 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 having the shortest term td serve and not holding his office by appointment 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 tho next shortest term to serve shall preside in his stead. If a vacan- cy occur in the office of a justice of the supreme court the govern- er shall appoint a person to hold the office until the election and qualification of a person to fill the unexpired term occa- sioned 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 constitu- tion 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. 24 CONSTITUTION. Sec. 7. At least two terms of the supreme court shall be held annually 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 (0) years or whose service on the bench of any court of record, when added to the time he may have practiced law, shall be equal to nine (9) years, be at least thirty years of age and a citizen of the United States, nor un- less he shall have resided in this state or territory at least three years. Sec. 9. There shall be a clerk of the supreme coujt who shall be appointed by the justices of said court and shall hold his office during their pleasure, and whose duties and emolu- ments shall be as provided :by law. Sec. 10. The district court shall have original jurisdiction of all causes both at law and in equity and in all criminal cases, of all matters of probate and insolvency and of such spe- cial 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 jurisdiction 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. They shall have such appellate jurisdic- tion in cases arising in justices' and other inferior courts ID 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, cortiorari, prohibition, in- junction and writs of habeas corpus, on petition 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 Lnv. Sec. 12. Xo person shall be eligible to the office of judge of the district 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 Wyoming at least two years next preceding his election. Sec. 13. There shall be a clerk of the district court in each organized county in which a court is holden who shall be elected, or, in case of vacancy, appointed in such manner .and with such duties and compensation as may be prescribed by law. CONSTITUTION. 25 Sec. 14. The legislature shall provide by law for the ap- pointment by the several district courts of one or more dis- trict court commissioners (who shall be persons learned in the law) in each organized county in which a district court is hold- en, 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 filed with the papers, that it is improper for him to act, as may be prescribed by law, to take depositions and perform such other duties, and re- ceive 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 conclude "against the peace and dignity of the State of Wyoming." Sec. 16. No duties shall be imposed by law upon the su- preme 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 receive such compensation for their services as may be prescribed by law, which compensation shall not be increased or diminished during the term for which a judge shall have been elected, and the salary of a judge of the supreme or dis- trict court shall be as may be prescribed by law. Sec. 18. Writs of error and appeals may be allowed from the decisions of the district courts to the supreme courts un- der such regulations as may be prescribed by law. Sec. 19. Until otherwise provided by law, the state shall be divided into three judicial districts, in each of which there shall be elected at general elections, by the electors thereof, one judge of the district court therein, whose term shall be six '(6) years from the first Monday in January succeeding his election and until his successor is duly qualified. Sec. 20. Until otherwise provided by law, said judicial dis- trict shall be constituted as follows: District number one shall consist of the counties of Lara- mie, Converse and Crook. District number two shall consist of the counties of Albany, Johnson and Sheridan. District number three shall consist of the counties of Car- bon, Sweetwater, Uinta and Fremont. 26 CONSTITUTION. Sec. 21. The legislature may from time to time increase the number 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 form his office dur- ing the term for which he may have been elected or appointed; provided the number of districts and district judges shall not exceed four until the taxable valuation of property in the state shall exceed one hundred million dollars (|100,000,000). Sec. 22. The legislature shall provide by law for the elec- tion of justices of the peace in each organized county in each 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 provided for shall have concur- rent jurisdiction with the district court in all civil actions where the amount in controversy, exclusive of the costs, does not exceed two hundred dollars, and they shall have such jur- isdiction to hear and determine cases of misdemeanor as may be provided by law, but in no case shall said justices of the peace have jurisdiction when the bountdaries of or title to real estate shall enter into question. Sec. 23. Appeals shall lie from the final decisions of jus- tices of the peace and police magistrates in such cases and pur- real estate shall come into question. Sec. 24. The time of holding courts in the several counties of a district shall be as prescribed by law, and the legislature shall make provisions for attaching unorganized counties or territory to organized counties for judicial purposes. Sec. 25. No judge of the supreme or district court shall act as attorney or counsellor at law. Sec. 26. Until the legislature shall provide by law for fix- ing the terms of courts the judges of the supreme court and dis trict courts shall fix the terms thereof. Sec. 27. No judge of the supreme or district court shall bo- elected or appointed to any other than judicial offices or be eligible thereto during the term for which he was elected or such judge. Sec. 28. Appeals from decisions of compulsory boards of arbitration shall be allowed to the supreme court of the state, and the manner of taking such appeals shall be prescribed by appointed such judge. i CONSTITUTION. 27 ARTICLE No. VI. SUFFRAGE. Section 1. The rights of citizens of the State of Wyoming to vote and hold office shall not be denied or abridged on ac- count of sex. Both male and female citizens of this state shall equally enjoy all civil, political and religious rights and pri- vileges. 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 en- titled to vote at such election, except as herein otherwise pro- vided. 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 dan- ger. Sec. 5. No person shall bo 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 infamous crimes, unless restored to civil rights, are excluded form 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 in consepuence 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 provi- sions of this section shall not apply to any person prevented by physical disability from complying with its requirements. S CONSTITUTION. Sec. 10. Nothing herein contained shall be construed to de- prive 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 expi- ration of five years from the time of the adoption of this con- stitution, none l^ut citizens of the Ignited States shall have the right to vote. Sec. 11. All elections shall be by ballot. The legislature shall provide 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 piiblic expense, and on election day to be de- livered to the voters within the polling place by sworn public officials, and only such ballots so delivered shall be received and counted. But no voter shall be deprived of the privilege of writing upon the ballot used the name of any other candi- date. All voters shall be guaranteed absolute privacy in the preparation of their ballots, and the secrecy of the ballot shall be made conipulso'ry. Sec. 12. No person qualified to be an elector of the State of Wyoming shall be allowed to vote at any general or special election hereafter 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 aw. The legislature of the state shall enact such laws as will carry into effect the provisions of this section, which enactment shall be subject to amendment, but shall never be repealed; but this section shall not apply to the first election held under this constitution. ELECTIONS. Sec. 13. The legislature shall pass laws to secure the purity of elections, and guard against abuses of the elective franchise. Sec. 14. The legislature shall, by general law, designate the courts by which the several classes of election contests not otherwise provided for, shall be tried, and regulate the man- ner of trial and all matters incident thereto; but no such law shall apply to any contest arising out of an election held before its passage. Sec. 15. No person except a qualified elector shall be elect- ed or appointed to any civil or military office in the state. CONSTITUTION. 29- Sec. 10. Every person holding any civil office under the state or any municipality therein shall, unless removed ac- cording to law, exercise the duties of such office until his suc- cessor is duly qualified, but this shall not apply to members of the legislature, nor to members of any board of aassembly, 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 impeachment or prosecution for misconduct in office. QUALIFICATION s FOR OFFICE. Sec. 17. All general elections for state and county officers,, for members of the house of representatives and the senate of the State of Wyoming and representatives to the congress of the United States, shall be held on the Tuesday next following the first Monday in November of each even year. Special elec- tions may 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. 18. All officers, whose election is not provided for in. this constitution, shall be elected or appointed as may be directed by law. Sec. 19. No member of congress from this state, nor any holding or exercising any office or appointment of trust or pro- fit under the United States, shall at the same time hold or ex- ercise any office in this state to which a salary, fees or perquis- ites shall be attached. The legislature may by law declare what offices are incompatible. OATH OF OFFICE. Sec,20. Senators and representatives and all judicial, state and county officers shall, before entering upon the duties of /their respective offices, take and subscribe the following oath, or affirmation : "I do solemnly swear (or affirm) that I will sup- port, obey and defend the constitution of the United States, and the constitution of this state, and that I will discharge the duties of my office with fidelity; that I have not paid or contri- buted, or promised to pay or contribute, either di- rectly or indirectly, any money or other valuable go CONSTITUTION. thing, to procure my nomination or election, (or appointment) except for necessary 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 niy behalf; that I will not knowingly receive, directly or indirectly, any money or other valuable thing for the performance or non-per- formance of any act or duty pertaining to my office, other than the compensation allowed by law." Sec. 21. The foregoing oath shall be administered by some person authorized to administer oaths, and in the case of state officers and judges of the supreme court shall be filed in the office of the secretary 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 >r 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, shall be guilty of perjury, and .be forever disqualified from, holding any office of trust or profit within this state. The oath to members of the senate and house of representatives shall be administered by one cff the judges of the supreme court or a justice of the peace, in .the hall of the house to which the members shall be- elected. ARTICLE No. VII. EDUCATION. Section 1. The legislature shall provide for the establish- ment and maintenance of a complete and uniform system of public instruction, embracing free elementatry schools of every needed kind and grade, a university with such technical 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 here- after be granted by congress on the sale of lands in this state, CONSTITUTION. 31 all moneys arising from the sale or lease of sections number sixteen and thirty-six in each township in the state, and the land selected or that may be selected in lieu thereof; the proceeds of all lands that have been or may hereafter be granted to this state, where by the terms and conditions of the grant, the same are not to be othewise appropriated ; the net proceeds of lands and other property and effects that come to the state by escheat or forfeiture, or from unclaimed dividends or distri- butive shares 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 appro- priaed by the terms of the grant, gift or devise. Sec. 4. All moneys, stocks, bonds, lands and other prop- erty belonging to a county school fund, except such moneys and property as may be provided by law for current use in aid of public schools, shall belong to and be securely in- vested and securely preserved in the several coun- ties as a county public school fund, the income of which shall be appropriated exclusiveely to the use and sup- port of free public schools in the several counties of the state. Sec. 5. All fines and penalties under general laws of 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 trust funds in the care of the state, which shall keep them for the exclusive benefit of the public schools, and shall make good any losses that may in any manner occur, so that the same shall remain forever inviolate and undimin- ished. None of such funds shall ever be invested or loaned ex- cept on the bonds issued by school districts, or registered coun- ty 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 preceding section, together with all the rents of the unsold school lands and such other means as the legislture 32 CONSTITUTION. may provide, shall be exclusively applied to the sup- port 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 coun- ties according to the number of children of school age in each, which several counties shall in like manner distribute the pro- portion of 'said fund by them received respectively to the sev- eral 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 con- trolled by any church or sectarian organization or religious de- nomination whatsoever. Sec. 9. The legislature shall make such further provision by taxation or otherwise, as with the income arising from the general school fund will create and maintain a thorough and efficient system of public schools, adequate to the proper in- struction of all the youth of the state, between the ages of six and twenty-one years, free of charge; and in view of such pro- vision 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 equivalent 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 ac- count of sex, race or color. Sec. 11. Neither the legislature nor the superintendent of public instruction 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 there- in, nor shall any sectarian tenets or doctrines be taught or fa- vored in any public school or institution that may be estab- lished under this constitution. Sec. 13. The governor, secretary of state, state treasurer,, and superintendent of public instruction shall constitute the CONSTITUTION. 33 board of land commissioners, which, under direction of the* leg- islature, 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 salt- of all lands shall be at public auction, after such delay (not less than the time fixed by congress) in portions at proper inter- vals of time, and at such minimum prices (not less than the minimum fixed by congress) as to realize the largest possible proceeds. Sec. 14. The general supervision of the public schools shall be entrusted to the state superintendent of public instruc- tion, whose powers and duties shall be prescribed by law. THE UNIVERSITY. Sec. 15. The establishment of the University of W T yoniing is hereby confirmed, and said institution, w r ith its several de- partments, is hereby declared to be the University of the State of Wyoming. All lands which have been heretofore granted or which may be granted hereafter by congress unto the uni- versity as such, or in aid of the instruction to be given in any of its departments, with all other grants, donations, or devises for said university, or for any of its departments, shall vest in said university, and be exclusively used for the purposes for which they w r ere 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 both sexes, irrespective of race or color, and, in order that the instruction furnished may be as nearly free as possible, any amount in addition to the income from its grants of lands and other sources above mentioned, necessary to its support and maintenance in a, condition of full efficiency shall be raised by taxation or othewise, under provisions of the legislature. Sec. 17. The legislature shall provide by law for the man- agement 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 instrution, as members ex-officio, 3 4 CONSTITUTION. 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, reformatory and penal institu- tions as the claims of humanity and the public good may re- quire, shall be established 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 re- form, whose duties and powers shall be prescribed by law. Sec. 19. The property of all charitable and penal institu- tions belonging to the 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 this article, under provisions of the legislature. PUBLIC HEALTH AND' MORALS. Sec. 20. As the health and morality of the people are es- sential to their 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 interests by such measures for the encouragement of temperance and virtue, and such restrictions upon vice and immorality of every sort, as are deemed necess- sary 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. The construction, care and preservation of all pi^blic buildings of the state not under the control of the board of officers of public institutions by authority of law shall be entrusted to such officers 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 CONSTITUTION. 35 asylum or state penitentiary, but may after the expiration of ten (10) years after the adoption of this constitution, pro- vide by law for submitting the question of the permanent loca- tions 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 Chey- enne, 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 county of Uinta. The penitentiary shall be located at the city of Kawlins, in the county of Carbon; 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 No. VIII. IRRIGATION AND WATER RIGHTS. Section 1. The water of all natural streams, springs, lakes or other collections 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 composed of the state engineer and superintendents of the wa- ter divisions; which shall, under such regulations as may be prescribed by law, have the supervision of the waters of the state and of their appropriation, distribution and diversion, and of the various officers connected therewith. Its decisions to be subject to review by the courts of the state. Sec. 3. Priority of appropriation for beneficial uses shall give the better right. No appropriation shall be denied except when such denial is demanded by the public interests. Sec. 4. The legislature shall by law divide the state into four (4) w y ater divisions, and provide for the appointment of su- perintendents thereof. 3 6 CONSTITUTION. Sec. 5. There shall be a state engineer who shall be ap- pointed by the governor of the state and confirmed by the sen- ate; he shall hold his office for the term of six (6) years, or until his successor shall have been appointed and shall have quali- fied. He shall be president of the board of control and shall have general supervision of the waters of the state and of the offi- cers connected with its distribution. No person shall be ap- pointed to this position who has not such theoretical knowledge and such practical experience and skill as shall fit him for the Bosition. AETICLE No. IX. MINES AND MINING. Section 1. There shall be established and maintained the offce 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 the 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 shall provide by law for the proper development, ventilation, drainage and operation of all mines in this state. Sec. 3. No boy under the age of fourteen years, and no woman or girl of any age shall be employed or be permitted to be in or about any coal, iron or other dangerous mines for the purpose of employment therein; provided, however, this provi- sion shall not affect the employment of a boy or female of suit- able age in an office or in the performance of .clerical work at such mine or colliery. Sec. 4. For any injury to person or property caused by wil- ful failure to comply with the provisions of this article, or laws passed in pursuance hereof, a right of action shall ac- crue to the party injured, for the damage sustained thereby, and in all cases in this state, whenever the death of a per- son shall be caused by wrongful act, neglect or default, such as would, if death had not ensued, have entitled the party injured to maintain an action to recover damages in respect thereof, CONSTITUTION. 37 the person who, or the corporation which would have been liable, if death had not ensued, shall be liable to an action for damages notwithstanding 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 in one of the institutions of learing under the patronage of the state. Sec. (>. There shall be a state geologist, who shall be ap- pointed by the governor of the state, with the advice and con- sent 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 compensation shall be pre- scribed by law. No person shall be appointed to this position unless he has such theoretical knowledge and such practical experience and skill as shall fit him for the position; said state geologist shall ex-officio perform the duties of inspector of mines until otherwise provided by law. AKTICLE No. X. CORPORATIONS. Section 1. The legislature shall provide for the organiza- tion of corporations by general law. All laws relating to cor- porations may be altered, amended or repealed by the legisla- ture at any time when necessary for the public good and gen- eral welfare, and all corporations doing business in this state may as to such business be regulated, limited or restrained by law not in conflict with the constitution of the United States. Sec. 2. All powers and franchises of corporations are de- rived from the people and are granted by their agent, the gov- ernment, for the public good and general welfare, and the right and duty of the state to control and regulate them for these purposes is herby declared. The power, rights and privileges of any and all corporations may be forfeited by wilful neglect or abuse thereof. The police power of the state is supremo over all corporations as well as individuals. , 3 8 . CONSTITUTION. Sec. 3. All existing charters, franchises, special or exclu- sive privileges under which an actual and ,bona fide organiza- tion shall not have taken place for the purpose for which formed and which shall not have been maintained in good faith 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 contract or agreement with any employe waiving any right to recover damages for causing the death or injury of any employe shall be void. Sec. 5. No corporation organized under the laws of Wyo- ming Territory or any other jurisdiction than this state, shall be permitted to transact business in this state until it shall have accepted the constitution of this state and filed such ac- ceptance 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 incorpora- tion. Sec. 7. All corporations engaged in the transportation of persons, property, mineral oils, and mineral products, news or intelligence, including railroads, telegraphs, express companies, pipe lines and telephones, are declared to be common carriers. Sec. 8. There shall be no consolidation or combination ot corporations of any kinds whatever to prevent competition, to control or influence 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 tak- ing property and franchises of incorporated companies and sub- jecting them to public use the same as the property of individ- uals. Sec. 10. The legislature shall provide by suitable legisla- tion for the organization of mutual and co-operative associa- tions or corporations. RAILROADS. Section 1. Any railroad corporation or association organ- ized for the purpose, shall have the right to construct and oper- CONSTITUTION. 39 ate a railroad between any points within this state and to con- nect at the state line with railroads of other states. Every rail- road 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 discrimination. 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 impar- tiality to all who use them, excepting employes and their fami- lies and ministers of the gospel,, whether individuals or corpo- rations, Sec. 3. Every railroad corporation or association operating a line of railroad within this state shall annually make a re- port to the auditor of the state of its business within the state, in such form as the legislature may prescribe. Sec. 4. Exercise of the power and right of eminent do- main shall never be so construed or abridged as to prevent the taking by the legislature of property and franchises of incor- porated companies and subjecting them to public use the same as property of individuals. Sec. 5. Neither the state, nor any county, township, school district or municipality shall loan or give its credit or make do- nation 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 adop- tion of this constitution. Sec. 6. No railroad or other transportation company or tel- egraph company in existence upon the adoption of this con- stitution shall derive the benefit of any future legislation with- out first filing in the office of the secretary of state an accept- ance of the provisions of this constitution. Sec. 7. Any association, corporation or lessee of the fran- chises thereof organized for the purpose shall have the right to construct and maintain lines of telegraph within the state, and to connect the same with other lines. Sec. 8. No foreign railroad or telegraph line shall do any business within the state without having an agent or agents within each county through which such railroad or tele- graph line shall be constructed upon w T hom process may be served. 4 o CONSTITUTION. Sec. 9. No railroad company shall construct or operate a railroad within fonr (4) miles of any existing town or city with- out providing- 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 prac- ticable line in constructing a railroad for the purpose of avoid- ing the provisions of this section. AKTICLE No. XI. BOUNDARIES. Section 1. The boundaries of the state of Wyoming shall be as follows: Commencing at the intersection 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 tw^n- ty-seventh meridian of west longitude, and thence north lo plaec of beginning. AKTICLE No. XII. COUNTY ORGANIZATION. Section 1. The several counties in the territory of Wyo- ming as they shall exist at the time of the admission of said ter- ritory as a state, are hereby declared to be the counties of the state of Wyoming. Sec. 2. The legislature shall provide by general law for or- ganizing new counties, locating the county seats thereof tempo- rarily and changing county lines. But no new county shall be formed unless it shall contain within the limits thereof prop- erty of the valuation of two million dollars, as shown by last preceding tax returns, and not then unless the remaining por- tion of the old county or counties shall each contain property of at least three million of dollars of assessable valuation; and no new county shall be organized, nor shall any organized coun- ty be so reduc(Hl as to contain a population of less than one thousand five hundred bona fide inhabitants, and in case any CONSTITUTION. 4"- portion of an organized county or. counties is stricken off to form a new county, the new county shall assume and be holden for an equitable proportion of the indebtedness of the county or counties so reduced. No county shall be divided unless a majority of the qualified 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 remove the county seat of any 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 countv officers a released or discharged from liability or responsibility, on ac- count of personal injuries received by such servants or em- ployes, while in the service of such person, company or corpo/ ration, by reason of the negligence of such person, company or corporation, or tlie agents or employes thereof, and such con- tracts shall *be absolutely null and void. ARBITRATION. Section 1. The legislature may provide by law for the vol- untary submission of differences to arbitrators for determina- tion, and said arbitrators shall have such powers and duties as may be prescribed by law, but they shall have no power to Tender judgment to be obligatory on parties, unless they volun- tarily submit their matters of difference and agree to abide by the judgment of such arbitrators. HOMESTEADS. Section 1. A homestead as provided by law shall be ex- empt from forced sale under any process of law, and shall not 52 CONSTITUTION. be alienated without the joint consent of husband and wife, when that relation exists; but no property shall be exempt from sale for taxes, or for the payment of obligations con- tracted for the purchase of said premises, or for the erection of improvements thereon. AKTICLE No. XX, AMENDMENTS. Section 1. Any amendment or amendments to this consti- tution may be proposed in either branch of the legislature, and,, if the same shall be agreed to by two-thirds of all the mem- bers of each of the two houses, voting separately, such proposed amendment or amendments shall, with the yeas and nays there- on, be entered on their journals, and it shall be the duty of the legislature to submit such amendment or amendments to the* electors of the state at the next general election, and cause the same to be published without delay for at least twelve (12) consecutive weeks, prior to said election, in at least one news- paper of general circulation, published in each county, and if a majority of the electors shall ratify the same, such amend- ment or amendments shall become a part of this constitu- tion. 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 convention to revise or amend this constitution, they shall recommend to the electors to vote at the next general election for or against a convention, and if a majority of all the elec- tors voting at such election shall have voted for a convention, the legislature shall at the next session provide by law for call- ing 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. CONSTITUTION. 53 Sec. 4. Any constitution adopted by such convention shall have no validity until it has been submitted to and adopted by the people. ARTICLE No. XXI. SCHEDULE. Section 1. That no inconvenience may arise from a change of the territorial government to a permanent state government, it is declared that all writs, actions, prosecutions, claims, lia- bilities and obligations against the -territory of Wyoming, of whatever nature, and rights of individuals, and of bodies cor- porate, shall continue as if no change had taken place 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 territory of Wyoming, shall 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 territory 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 Wyoming, 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 legislature. Sec. 4. All fines, penalties, forfeitures and escheats, ac- cruing to the territory of Wyoming, shall accrue to the use of the state. Sec. 5. All recognizances, bonds, obligations or other un- dertakings heretofore taken, or which may be taken before the organization of the judicial department under this constitu- tion shall remain valid, and shall pass over to and may be pros- ecuted in the name of the state, and all bonds, obligations or other, undertakings executed to this territory, or to any officer in his official capacity, shall pass over to the proper state au- 54 CONSTITUTION. thority and to their successors in office, for the uses therein re- spectively expressed, and may be sued for and recovered accord- ingly. All criminal prosecutions and penal actions which have arisen or which may arise before the organization of the judi- cial 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 ap- pointments until suspended under this constitution. Sec. 7. This constitution shall be submitted for adoption or rejection 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 con- ducted in all respects 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 the governor and chief justice 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 cer- tify the result to the president of the United States, together with a statement of the votes cast thereon and a copy of saiu 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 each of said ballots, shall be printed on each ballot the following instruc- tions to voters: "All persons who desire to vote for the consti- tution may erase the word 'No.' All persons who desire to vote against the constitution may erase the word 'Yes.' " Any per- son may have printed or written on his ballot only the words: "For the Constitution," or "Against the Constitution," and such ballots shall be counted for or against the constitution accord- ingly. Sec. 8. 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 CONSTITUTION. 55 absence or failure to act, the president of this convention shall issue a proclamation, which shall be published and a copy therof 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 this 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. Sec. 10. The board of commissioners of the several counties shall thereupon order such election for saicl day, and shall cause notice thereof to be given, in the manner and for the length of time provided by the laws of the territory in cases of general elections for delegate to congress, and county and other offi- cers. 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 pro- vided by the, laws of the territory for general elections, and the returns thereof shall be made to the canvassing board herein- after provided for. Sec. 11. The governor, secretary of the territory and presi- dent 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 legislature. 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 dis- trict officers and members of the legislature, in the manner pro- vided by the laws of the territory for canvassing the vote for delegate to congress, and they shall issue certificates of elec- tion 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 number 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, evcept mem- beys of the legislature shall, within thirty days after they have been declared elected, take the oath required by this consti- tution, and give the same bond required by the law of the ter- ritory or district, and shall thereupon enter upon the duties ot 5 6 CONSTITUTION. thteir 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 proclama- tion, and which shall not be less than thirty nor more than sixty days after the date of such proclamation. Within ten days af- ter the organization of the legislature, both houses of the legis- lature, 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 1 of said senators certifying his elec- tion, which certificate 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 consti- tution, shall have qualified in their offices, the causes then pend- ing in the supreme court of the territory, and the papers, rec- ords and proceedings of said court^ and the seal and other prop- erty pertaining thereto, shall pass into the jurisdiction and pos- session of the supreme court of the state ; and until so superced- efd the supreme court of the territory and the judges thereof shall continue with like power,-, and jurisdiction, as if this con stitution had not been adopted. Whenever the judge of the dis- trict court of any district, elected under the provisions of this constitution, shall have qualified in office, the several causes then pending in the district court of the territory, w r ithin any county in such district, and the records, papers and proceed- ings of said district court and the seal and other property per- taining thereto, shall pass into tho> jurisdiction and possession of the district court of the state for such county; and until the district courts of this territory shall be superceded in the man- ner aforesaid the said district courts and the judges thereof shall CONSTITUTION. 57 -continue with the same jurisdiction and power to be exercised in the same judicial districts respectively as heretofore consti- tuted under the laws of the territory. Sec. 16 Until otherwise provided by law the seals now in use in the supreme and district courts of this territory are here- by declared to be the seals of the supreme and districts courts respectively, of the state. Sec. 17. Whenever this constitution shall go into effect, records and papers and proceedings of the probate court in ^each county, and all causes and matters of administration ana other maters 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 determination in the said several matters and causes, as the said probate court might have done if this con- stitution had not been adopted. Sec. 18. Senators and members of the house of representa- tives 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 qualified electors of the several districts as the same shall 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 respective 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 maybe provided bylaw, and the offi- cial 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, district and supreme judges elected at the first election held under this constitution shall hold their respective offices for the full term next ensuing such election, in addition to the period Intervening between the date of their qualification and the com- mencement of such full term. Sec. 21. If the first session of the legislature under this constitution shall be concluded within twelve months of the time designated for a regular session thereof, then the next regular session following said special session shall be omitted. 58 CONSTITUTION. 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 officers 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 4 . 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 territory of Wyoming as a state under its provisions. ORDINANCES. Tho following article shall be irrevocable without the con- sent 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 supreme law of the land. Sec. 2. perfect toleration of religious sentiment shall be secured, and no inhabitant of this state shall ever jbe molested in person or property on account of his or her mode of religious worchip. Sec. 3. The people inhabiting this state do agree and de- clare that they forever disclaim all right and title to the un- appropriated public lands lying within the boundaries thereof, and to all lands lying within said limits owned or held by any In- dian 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 disposition of the United States and that said Indian lands shall remain under the absolute jur si dic- tion 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 bo 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 pre- CONSTITUTION. ^ elude this state from taxing as other lands are taxed, any lands owned or held by any Indian who has severed Ms tribal rela- tions, and has obtained from the United States or from any person, a title thereto, by patent or other grant, save and ex- cept 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 provided in the act of congress granting the same. Sec. 4. All debts and liabilities of the territory of Wyo- ming shall be assumed and paid by this state. Sec. 5. The legislature shall make laws for the establish- ment and maintenance of systems of public schools which shall be open to all the children of the state and free from sectarian control. Done in open convention, at the City of Cheyenne, in the Territory of Wyoming, this 30th day of September in the year our Lord one thousand eight hundred and eighty-nine. Attest: JOHN K. JEFFREY, Secretary. MELVILLE C. BROWN, President. JOHN K. JEFFREY, Sesretary. GEO. W. BAXTER. A. C. CAMPBELL. J. A. CASEBEER, C. D. CLARK. HENRY A. COFFEEN. ASBURY B. CONAWAY. HENRY S. ELLJIOTT. 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. <6o CONSTITUTION. EDWARD J. MORRIS. JOHN M. McCANDLISH. HERMAN F. MENOUGH. CALEB p. ORGAN! LOUIS J. PALMER. C. W. HOLDEN. H. 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. REED. ROBERT C. BUTLER. C. W. BURDICK. DE FORREST RICHARDS. MEYER FRANK. M. C. BAEROW. RICHARD H. SCOTT. INDEX TO JOURNAL AND DEBATES OF THK OF \VYOMING. NOTE. The "Index to Members" contains reference, by pages, to all motions, amendments and resolutions made and sub- mitted in convention and committee of the whole, and to all re- marks, except those of a perfunctory character incident to the routine duties of the presiding officer. To find remarks of a mem- ber on any given subject refer to "Topics of Debate" for pages on which the subject is discussed. Then look for corresponding and intermediate pages in "Index to Members." Where reference is made to journal in text of proceedings it refers to the journal of the convention, which constitutes the first 125 pages of this volume. All index reference is by pages. GENERAL INDEX. ADDRESS TO PEOPLE 1 16 APPORTIONMENT 209 BOARDS OF ARBITRATION 729 CHINESE LABOR 276 CIVIL SERVICE 832 COMMITTEES. Select and Special 3, 4, 8, 35, 46, 102 Standing 22,23,36,131, 132,205,274 COMMUNICATIONS . 19, 23, 27, 28, 29, 32, 37, 39, 53, 60, 63, 68, 103, no, 113, 147, 179, 181, 428, 786 CONSTITU TION 3 CORPORATIONS 191 " Municipal 234, 255 COUNTIES, County Seats, Boundaries and Divisions of 161 " Creation of New 166, 219, 235 DEBATES AND PROCEEDINGS 131 DISTRIBUTION OF POWERS 210 ELECTIONS 210 EXEMPTIONS 189, 800 FEDERAL RELATIONS 244 FEMALE SUFFRAGE 29, 30, 185, 219 IRRIGATION COMMISSIONERS 190 JOURNAL i JUDICIAL DEPARTMENT 220 ILABOR 678 " Employment on Public Works 579 LEGISLATIVE POWER, Limitation on 187 LIVE STOCK .' 319 MILITIA 190 MINES AND MINING 796, 798 4 INDEX. OATH of Civil Officers 183. " of School Officers 243 ORGANIZATION, Temporary 3 " Permanent 6- PIPE LINES 209 POLICE, Powers 579 " Prohibiting the Importation of Foreign 192 PREAMBLE 157, 167, 210 PRINTING 20, 24, 30, So, 82 PUBLIC FUNDS, Forbidding Improper Use of 185 PUBLIC INDEBTEDNESS 206 PUBLIC SCHOOLS 186 . QUALIFICATIONS OF ELECTORS 187,189,837 RAILROADS AND TELEGRAPHS 188 REPORTS, Committee of the whole 17, 18, 48,. 52, 54, 55, 62, 65, 67, 72, 73, 74, 76, Si, 82, 84, 85, 86, 89, 90, 92, 93, 94, 95, 98, 100,101, 106, 107, 108 " Special Committees 4,9,18,20,26,31,41, 113: " Standing Committees 30, 34,, 40, 44, 47, 49, 54, 58, 59, 60, 61, 63, 65, 67, 68, 71, RESOLUTIONS 5, 8, 9, 24, 26, 27, 28, 37, 42,. 43, 45,46, 59, 67, 82, 93, 105, 109, 112, 124 RULES 9, iT- STENOGRAPHER 20, 31, 43, 46 SUPREME COURT 220- TAXATION 1 86 WAYS AND MEANS S, 20, 31,41: INDEX. PROPOSITIONS. TITLE. INTRODUCTION AND 1 REFERENCE.. 1 GENERAL AND SPE- CIAL OKDKKS FINAL READING .. MISCELLANEOUS Declaration of Ri^his '25 81 Legislative Department Executive Judiciary 2o 25 25 58 Qualifications for Office Elections 25 87 S7 Taxa, iOTi and Revenue 95 65 Education. 95 67 Militia 95 58 8 Public Officers 95 87 City Charters 95 40-71 41 Railroads 25 20 44 County Seats, Boundaries and Division of Counties 27 54 54 Concerning School Lands 27 76 49 iConcernin ' Private Detective Agencies 97 54 Qualifications of State Officers "7 44 44 Creation of New Com* ties and Municipal Corporations . . 71 41 43 Preamble 27 81 Freedom of Consciene jCreation of New Counties 27 97 81 41 43 Concerning Oat'i of all Civil Officers 87 33 Concerning one of the Duties of the Attor- 82 96 49 33 Forbidding the Improper Use of Public 33 65 33 Concerning Taxation 33 65 33 Public Schools 33 67 33 . . . Concerning Qualifications of Electors 33 33 49 58 33 Relating to Railroad and Telegraph Lines. . Qualifications of Electors 33 33 60 49 33 84 State Militia Irrigation Commissioners Militia 33 S3 33 '"68 58 33-59 33 33 33 71 33 Concernin^ the Ballot 33 49 Prohibiting the Importation of Foreign Po- lice . 33 33 65 37 36 71 36 58 36 81 36 Distribution of Powers 36 36 44 49 45 F.6 55 County Organizations 38 54 49 54 3S 61 38 59 '18 3S 65 ft 65 In Relation to the Executive Department. . 3S 59 - 5 INDEX. ^ TITLE. INTBODUCTION AND REFEBENCE 1 REPOBTED BACK GENERAL AND SPE- CIAL OBDEBS FINAL READING MISCELLANEOUS 1 1rrigation and Water Rights (by Committee No 8) j Municipal Corporations (Sub4titutefor File No. 11 by Committee No. 12) ) Qualifications for Office 40 40 44 44 44 44 44 68 '"67 61 97 58 53 49 '"61 51 '"91 52 50-51-52-48-55 "84-90 ) B'ederal Relations I Incorporation of Cities, Towns and Counties 5 Legislative Department . Revenue i General Oath of Office. . 5 Salaries ol County Officers 44 44 50 50 49 53 53 & 87 97 61-73 .... " 61 '"61-73 87 ' Chinese Labor Ordinances 67-84-86 {Concerning Suffrage (Substitute for Files No. 16, 25, 29, 32, 39 and 47, by Committee No 5). 53 69 63-65-66-68 ) Concerning Trusts ) Cncerning Contracts of Employes, Etc Railroads. 61 71 66-68-72 > Corporations. 7, .... || Legislative Apportionment (Legislative Apportionment .... 54 54 State Boundaries 54 Concerning Apportionment and Legislative Departpartment "58 5S 58 77 '"63 83 "'66 88-89 '"7i 72-78-80-82-87-111 Concerning a State Examiner Concernin cr Live Stock Concerning Rights of the People Concerning Salaries of Public Officers Declaration of Rights . . ... 62 68 68 71 7S 97 '"73 97 '"73 "6i 87 10? 104 96 110 104 105 72 81 84-88 Police Power* Relating to Salaries of Public Officers Concerning Boards of Arbitration 84-86 85 99 100 '"101-167 Concerning Labor Public Lands and Donations 76 76 90 85 76 77 82 95 89 Concerning Coal Mines Preamble . 81 89 96 105 "ioi Schedule Boards of Arbitration Mines and Mining Exemptions. Concerning Qualifications of Electors Amendments (Substitute for File No. 13, by Committee No. 18) Substitute for Files No. 19 and 22 Substitute for File No. 14 by Committee No 6 Substitute for Files No. 17 and 40 by Commit- tee No 10 105 110 45 41 54 54 58 59 "iii 111 45 108 56 59 57 78 78 91 79-88 103 105 80 92 104 108 107 55 52-54-55-59 55 66 74-77 72-73-74-77 54 54 Substitute for Files No. 9 and 36 by Com- mittee No. 16 Substitute for Files No. 51 and 56 by Com- mittee No. 3 Substitute for File No. 31 by Commiltee No Substitute for File No. 50 by Committee No. 4 60 61 63 65 67 68 71 87 97 97 80 9J 61 61-62-74 65-84-95 67 68-73 71 87 97 75-80-84-86 66-68 89-90-92-93-94-95 98-99 76-78-80 86 100 106 Substitute for File No. 78 by Committee No. Substitute for Files No. 7, 26, 27, 41, 54 and 55 by Committee No. 11 Substitute for Files No. 59, 8 and 28 by Committee No. 7 . .. Substitute for Files No. 35 and 57 by Com- mittee No. 8 Substitute for Files No. 11, 38, 42 and 72 by Committee No. 13 ... . Substitute for Files No. 5, 6, 10, 23 and 64 by Committee No. 5. Substitute for Files No. 61, 65, 80 and 83 by Committee No. 15 ... INDEX TO MEMBERS. BROWN, MELVILLE C., Member from Albany (President of Con- vention). Motions made by 7, 259, 359, 579, 580, 024, 712, 768, 769, 773. Motions to amend by 289, 397, 401, 473, 475, 486, 552, 553, 588, 614, 616, 683, 713, 716, 719, 733, 742, 760, 767, 820, 827. Communications presented by 19, 23, 27, 28, 29, 32, 37, 39, 53, 60, (53, 68, 103, 110, 113, 147, 181, 428. Remarks by 131, 133, 134, 136, 137, 140, 141, 144, 147, 153, 157, 161, 164, 179, 180, 184, 194, 196, 204, 213, 216, 223, 229, 233, 237, 239, 250, 256, 257, 259, 260, 263, 265, 267, 268, 270, 271, 272, 275, 284, 288, 289, 292, 295, 306, 311, 319, 322, 340, 357, 359, 361, 363, 365, 369, 372, 373, 380, 393, 400, 401, 402, 408, 409, 410, 423, 424, 438, 444, 456, 459, 460, 462, 464, 474, 476, 496, 502, 504, 509, 511, 512, 530, 537, 538, 550, 555, 563, 575, 577, 580, 581, 590, 592, 594, 595, 597, 599, 604, 609, 613, 614, 615, 618, 619, 621, 622, 625, 637, 640, 643, 645, 663, 664, 677, 679, 681, 687, 689, 690, 691, 693, 701, 703, 704, 707, 708, 709, 710, 717, 723, 724, 731, 734, 735, 738, 740, 741, 743, 744, 745, 747, 758, 763, 764, 765, 767, 774, 777, 778, 779, 781, 783, 784, 786, 790, 797, 824, 826, 832, 837, 842, 843, 850, 861, 862, 864. BALDWIN, M. N., Member from Fremont, llooiarks Vy 232. BARROW, M. C., Member from Converse. Motions by 539, 547. Motions to amend by 309, 455, 490. Propositions introduced by 27, 54. Remarks by 255, 316, 434, 459, 517, 539, 540, 543. BAXTER, GEO. W., Member from Laramie. Motions made by 43, 50, 52, 64, 73, 236, 237, 241, 509, 600, 645, 674, 819. Motions to amend by 22, r>2, :',7(). 349, 429. 476, 477, 498, 617, 700, 708, 721, 727, 732, 740, 743, 758, 780. 781, 813. Propositions introduced by 27, 32, 33, 54. Resolutions offered by 827. S INDEX. Remarks by 153, 158, 183, 194, 204, 232, 242, 251, 252, 260, 275, 276, 278, 328, 330, 339, 340, 347, 361, 364, 377, 378, 379, 380, 383, 391, 394, 396, 431, 432, 447, 449 467 469 472, 488, 490, 491, 497, 500, 502, 525, 539, 548, 553, 560, 567, 572, 574, 581, 582, 584, 588, 589, 616, 618, 626, 661, 676, 677, 685, 686, 687, 700, 702, 719, 720, 725, 727, 730, 732, 744,. 745, 777, 799,. 811, 813, 817, 818, 831, 846, 852. BURDICK, C. W., Member from Carbon. Propositions introduced by 33. Remarks by 307, 624. BURRITT, CHARLES, Member from Johnson. Motions made by 9, 49, 66, 73, 82, 83, 93, 102, 111, 227, 260, 270, 277,, 280, 288, 313, 477, 478, 534, 552, 623, 625, 721, 764, 784, 785, 801, 820, 829. Motions to amend by 24, 50, 96, 278, 297, 475, 497, 630, 634, 695, 711, 728, 733, 742, 759, 760, 779, 780, 858. Propositions introduced by 110. Resolutions offered by 124. Remarks by 136, 139, 140, 141, 153, 159, 163, 225, 227, 238, 245, 256, 259, 261, 263, 265, 266, 272, 288, 293, 296, 303, 310, 314, 356, 359, 396, 398, 409, 428, 467, 476, 498, 504, 506, 507, 508, 512, 516, 527, 535, 536, 550, 551, 557, 567, 588, 589, 592, 616, 617, 620, 621, 625, 628, 631, 632,. 633, 635, 673, 679, 680, 702, 712, 714, 715^ 716, 717, 730, 731, 733, 734, 735, 743, 752, 758, 763, 776, 777, 780, 788, 813, 829, 833, 837," 839, 840,, 842, 856, 859. BUTLjER, R. C., Member from Converse. CAMPBELL, A. C., Member from Lararnie. Motions made by 8, 31, 32, 39, 43, 50, 53, 70, 74, 112, 241, 279, 314, 317, 342, 409, 429, 482, 495, 547, 549, 575, 579, 611, 623, 624, 674, 694, 785, 817, 829, 852. Motions to amend by 89, 96, 115, 297, 344, 370, 385, 405, 408, 410, 461, 484, 494, 628, 634, 635, 697, 726, 748, 769. Propositions introduced by 27, 38, 44. Resolutions offered by 46. Remarks by 135, 142, 148, 156, 157, 167, 196, 198, 231, 251, 257, 262, 285, 298, 300, 303, 305, 311, 329, 331, 334, 345, 358, 360, 361, 362, 3(34, 365, 369, 370, 373, 376, 394, 399, 406, 415, 424, 431, 434, 435, 436, 437, 440, 441, 442, 443, 450, 452, 460, 461, 463, 468, 473, 479, 484, 487, 489, 495, 524, 538, 562, 578, 595, 615, 619, 627, 630, 633, 637, 660, 675, 680, 681, 699, 703, 725, 726, 728, 752, 774, 781, 788, 800, 804, 808, 809, 812,. 822, 830, 845, 850, 859, 863. CASEBEER, J. A., Member from Carbon. Remarks by 341, 358. CHAPLIN, WILLIAM E., Member from Albany. Motions made by 7, 21, 22, 37, 77, 95, 625, 744, 794. Motions to amend by 601, 760, 766. Propositions introduced by 27, 38. Remarks by 174, 242, 462, 546, 549. CLARK, CLARENCE D., Member from Uinta. Motions made by 112, 731, 782. INDEX. 9 Motions to amend by 69, 91, 289, 436, 487, 635, 676, 738, 740, 753, 776, 801, 824. Resolutions offered by 124. Remarks by 294, 430, 431, 434, 435, 440, 442, 454, 496, 507, 516, 526, 544, 546, 629, 632, 633, 646, 659, 669, 677, 680, 689, 692, 693, 698, 699, 704, 718, 731, 738, 753, 755, 775, 778, 781, 793, 795, 796, 797, 803, 804, 828, 829, 833, 839, 841, 845, 846* 847, 851, 857, 863. COFFEEN, HENRY A., Member from Sheridan. Motions made by 8, 31, 483, 624, 625, 747, 760, 841, 845. Motions to amend by 34, 80, 88, 478, 490, 710, 746, 748, 749, 794,* 819, 821, 862. Propositions introduced by 33. Resolutions offered by 24. Remarks by 19, 135, 137, 140, 154, 175, 179, 194, 195, 199, 226, 230, 231, 282, 283, 285, 298, 302, 304, 305, 308, 309, 312, 322, 328, 360, 362, 379, 385, 420, 436, 440, 441, 455, 462, 464, 480, 481, 482, 483, 484, 490, 504, 505, 509, 512, 527, 533, 534, 536, 538, 539, 541, 545, 546, 564, 570, 572, 574, 583, 584, 591, 592, 593, 595, 597, 600, 605, 606, 628, 630, 631, 635, 636, 637, 658, 659, 660, 677, 678, 696, 699, 700, 702, 704, 706, 707, 710, 712, 719, 723, 727, 730, 731, 736, 737, 740, 744, 746, 751, 752, 762, 763, 765, 766, 767, 768, 783, 785, 791, 794, 806, 812, 813, 817, 819, 820, 823, 830, 832, 836, 840, 846, 851, 854, 857, 858, 861, 864. CONAWAY, A. B., Member from Sweetwater. Motions made by 61. Remarks by 144, 164, 199, 228, 240, 283, 291, 301, 327, 329, 331, 332, 337, 349, 350, 357, 377, 385, 396, 397, 422, 439, 442, 466, 469, 474, 478, 481, 486, 487, 489, 498, 506, 546, 849. DOWNEY, STEPHEN W., Member rom Albany. Motions made by 5, 7, 8. ELLIOTT, H. S., Member from Johnson. Motions made by 40, 62, 64, 73, 81, 97, 327, 329, 330, 360, 380, 381, 547, 712. Motions to amend by 80, 534, 794. Remarks by 149, 241, 245, 302^ 383, 415, 417, 495, 533, 545, 548, 551, 552, 556, 702, 707, 709, 716, 724, 795, 812, 813, 828, 836, 843, 844, 846, 849, 858, 861. FERRIS, GEORGE, Member from Carbon. FOOTE, FRANK M., Member from Uinta. FOX, GEORGE W., Member from Albany. Motions made by 6, 19, 21, 26, 39, 43, 67, 80, 97, 98, 232, 276, 316, 320, 476, 534, 595, 624, 716, 718, 749, 774, 786. Motions to amend by 103, 236, 369, 395, 405, 408, 508, 617, 737, 748, 767, 787, 822. Propostions introduced by 27, 33, 36, 44. Resolutions introduced by 5, 24, 43. Remarks by 138, 152, 153, 154, 157, 184, 197, 212, 228, 233, 237, 239, 240, 262, 272, 282, 287, 290, 294, 295, 297, 310, 312, 365, 366, 379, 397, 399, 405, 451, 461, 463, 465, 466, 470, 472, 475, 476, 508, 509, 533, 537, 549, 553, 554, 573, 587, 597, 603, 607, 614, 617, 621, 623, 629, 681, 697, 700, 703, 704, 705, 710, 716, 732, 750, 762, 768, 776, 782, 787, 788, 789, 794, 798, 799, 811, 812, 819, 822, 846. 10 INDEX. FRANK, MEYEit, Member from Crook. u Motions made by 50. : Propositions introduced by 38. Remarks by 217, 227, 274, 302, 305. GRANT, MORTIMER N., Member from Albany. Motions made by 4, 19, 21, 327, G97, 747, 827. Motions to amend by 484, 491, <678, 733, 737, 749, 789, 81(3, 820, 821. 822, 823, 824, 828. Propositions introduced by 33, 36, 38, 44, 54. 'Remarks by 149, 327, 381, 383, 399, 462, 478, 492, 693, 699, 711, 713. 714, 717, 732, 740, 748, 754, 757, 788, 790, 832. HARVEY, FREDERICK H., Member from Converse. Motions made by 111, 455, 623, 729. Motions to amend by 676, 679, 680, 699, 718, 719, 725, 858. Propositions introduced by 50. Remarks by 261, 299, 304, 307, 311, 316, 378, 388, 404, 409, 418, 438, 439, 453, 461, 466, 507, 517, 566, 589, 594, 595, 597, 608, 617, 662, 676, 711, 721, 725. 823. 832, 844, 845, 846, 849, 850. HAY, HENRY G., Member from Laramie. Motions made by 20, 23, 80, 223, 227, 297, 320, 442, 477, 514, 548, 718. Motions to amend by 6, 39, 549, 606, 626, 637, 704, 711, 721, 723, 779, 791, 821. Propositions introduced by 54, 58, 62. Resolutions offered by 8, 42, 105, 112. Remarks by 133, 153, 175, 204, 214, 223, 229, 294, 302, 313, 323, 382, 383, 395, 405, 423, 459, 460, 464, 465, 467, 471, 501, 504, 505, 532, 536, 546, 550, 553, 555, 564, 580, 594, 595, 597, 599, 607, 623, 627, 628, 640, 643, 644, 659, 700, 701, 705, 706, 707, 709, 710, 713, 714, 717, 720, 724, 728, 743, 744, 747, 752, 767, 768, 771, 776, 778, 779, 781, 792, 798, 799, 802, 803, 804, 805, 810, 816. 817, 818, 821, 823, 832, 845, 846, 847, 852, 864. HOLDBN, C. W., Member from IJinta. Motions made by 25. " Vl 1!> * --. Motions to amend by 70, 767, 816. Propositions introduced by 105. Resolutions offered by 46. Remarks by 252, 350, 364, 367, 369, 374, 431, 437, 449, 470, 489, 490, 510, 522, 524, 529, 565, 569, 610, 691, 736, 754, 755, 766, 817, 818, 824, 842. HOPKINS, MARK, Member from Sweetwater. Motions to amend by 120, 748, 794. Remarks by 431, 436, 487, 491, 495, 690, 744, 750, 764, 766, 790, 791, 793, 835, 846, 853, 854, 856. HOYT, JOHN W., Member from Albany. Motions made by 6, 9, 74, 109, 694. Motions to amend by 114, 487, 581, 584, 729, 732, 759, 848. Propositions introduced by 68, 109. Resolutions offered by 9, 28, 45. R 'in arks by 140, 150, 158, 179, 194, 258, 287, 353, 359, 360, 361, 364, 366, 369, 380, 392, 397, 433, 437, 445, 465, 489, 497, 501, 507, 518, 529, 1 1 549, 559, 570, 581, 584, 585, 586, 587, 608, 6lO, 615, 622', 671, 673, 677, 691, 719, 720, 723, 724, 730, 731, 736, 737, 738, 740, 742, 743, 74(5, 74S, 749, 750, 755, 758, 766, 772, 773, 786, 800, 810, 831, 832, 83'3, 836, 842, 844, 846, 851, 854, 859, 862, 863. IRVINE, WILLIAM C., Member from Converse. Motions made by 6, 7, 20, 27, 37, 45, 253, 476, 477. Motions to amend by 305. Remarke by 153, 162, 163, 203, 205, 216, 225, 230, 259, 534, 544, 549, 550, 573, 626, 782, 828. JEFFREY, JOHN K., Member from Laramie. Motions made by 37, 44, 46, 49, 54, 55, 67. 253. 254. 308, 623. Motions to amend by 616, 761. Propositions introduced by 36, 38. Resolutions offered by 26. Remarks by 132, 133, 154, 155, 157, 180, 213, 241, 253, 272, 314, 315, 343, 344, 472, 473, 505, 566, 645, 684, 686, 687, 714, 715, 735, 742, 751, 769, 773, 776, 777, 780, 781. JOHNSTON, JAMES A., Member from Laramie. Motions made by 32, 76, 90, 234, 308, 496, 551, 773, 784. Motions to amend by 259, 733, 743, 748, 764, 780, 789, 817. Resolutions offered by 82. Remarks by 175, 204, 240, 242, 252, 259, 260, 289, 290, 291, 292, 294, 297, 325, 327, 329, 408, 448, 502, 506, 508, 510, 511. 578. 750, 757, 790, 836. 863. JONES, JOHNATHAN, Member from Uinta. Motions made by 409. Propositions introduced by 53, 76. Remarks by 609, (510. KNIGHT, JESSE, Member from Uinta. Motions to amend by 849. Remarks by 836, 849, 856. MENOUGH, HERMAN F., Member from Sweetwater. McCANDLISH, JOHN M., Member from Johnson. Motions made by 21. Propositions introduced by 44, 53. Remarks by 282, 314, 396, 424, 557, 590, 810. MORGAN, ELLIOTT S. N., Member from Laramie. Motions made by 3, 9, 17, 18, 65, 316, 382, 606, 680, 819. Motions to amend by 613, 621, 680, 681, 707, 759. Propositions introduced by 25, 36, 44. Resolutions offered by 37, 59, 67, 109, 124. Remarks by 138, 139, 140, 141, 142, 147, 197, 211, 218, 222, 227. 228, 229, 273, 284, 285, 300, 318, 323, 324, 328, 329, 331, 340, 341, 363, 366. 374, 379, 391, 398, 399, 400, 402, 404, 409, 410, 417, 4*t, 434, 435, 440, 451, 454, 463, 470, 474, 482, 491, 516, 528, 544, 547, 567. 573. 575. 596. 601, 603, 605, 613, 614, 616, 617, 627, 628, 629, 632, 633, 635, 636, 681, 708, 730, 735, 751, 752, 765, 769, 770, 809, 827, 834, 840, 846, 855. McGILL, JOHN, Member from Albany. MORRIS, EDWARD J., Member from Sweetwater. Remarks by 318. 12 INDEX. I NICKERSON, H. G., Member from Fremont. Motions made by. 104. Motions to amend by 791. Propositions introduced by 3G. Remarks by 513, 792, 794. ORGAN, CALEB P., Member from Larainie. Motions made by 35, 49, 273, 644. Remarks by 548, 846. PALMER, LOUIS J., Member from Sweetwater. Motions made by 28, 103, 358, 424, 426, 691, 788, 789. Motions to amend by 475. Propositions introduced by 27, 33, 68. Remarks by 152, 184, 197, 254, 258, 273, 283, 357, 358, 363, 377, 401, 414, 421, 442, 450, 460, 466, 471, 482, 484, 538, 683, 685, 688, 689, 796, 798, 800, 855. POTTER, CHARLES N., Member from Laramie. Motions made by 8, 17, 20, 27, 33, 42, 48, 51, 55, 56, 74, 89, 237, 254, 269, 270, 281, 316, 321, 368, 401, 407, 539, 547, 579, 580, 601, 712, 718, 742, 784, 800. Motions to amend by 34, 50, 70, 79, 103, 297, 305. 395, 481, 487, 494, 553, 575, 607, 623, 698, 701, 708, 731, 732, 759, 760, 761, 702, 763, 769, 777, 781, 782, 787, 795. Propositions introduced by 33. Resolutions offered by 59. Remarks by 138, 146, 155, 156, 162, 164, 167, 184, 196, 197, 213, 238, 239, 240, 250, 256, 258, 261, 263, 266, 268, 271, 275, 277, 280, 281, 285, 286, 290, 292, 293, 298, 307, 309, 323, 324, 329, 333, 339, 359, 360, 362, 363, 370, 383, 394, 396, 398, 400, 405, 406, 410, 414, 441, 442, 444, 468, 470, 474, 477, 481, 485, 488, 489, 509, 515, 516, 524, 526, 538, 543, 556, 567, 576, 577, 578, 583, 584, 587, 588, 594, 596, 600, 603, 608, 621, 622, (J55, 675, 677, 680, 687, 700, 701, 703, 704, 705, 711, 712, 729, 737, 740, 741, 758, 760, 764, 770, 779, 781, 782, 783, 787, 790, 801, 802, 813, 825, SIM;, 843, 846, 851, 856, 859, 862, 863. PR/ESTON, D. A., Member from Fremont. Motions made by 408. Motions to amend by 487, 773. Remarks by 318, 323, 384, 418, 433, 435, 442, 483, 485, 486, 492, 513, 514, 523, 524, 559, 500, 608, 741, 762, 765, 808, 809, 815, 835, 846, 857, 859. REID, THOMAS R., Member from Lnramio. Motions made by 4, 28, 368, 407, 5SI. Motions to amend by 405, 57!>. Propositions introduced by 33, f>0, 90. Remarks by 133, 13<;. 139, 2:51. 402. 405, 40(5, 430. 447, 590, 593, 620, 799. RICHARDS, De FOURIOST, Member from Converse. Propositions introduced by 71. Remarks by 320, 448. INDEX. ,3 RINER, JOHN A., Member from Laramie. Motions made by 7, 9, 17, 19, 21, 24, 37, 39, 52, 59, 60, 62, 63, 66, 71, 79, 85, 125, 232, 282, 307, 313, 342, 368, 401, 512, 514, 533, 583, 584, 594, 601, 611, 623, 624, 745, 746, 764, 784, 819, 824, 827, 830, 838, 841, 844, 845, 847, 852, 864. Motions to amend by 69, 88, 460, 511, 613, 614, 629, 711, 713, 714, 718. 732, 765, 766, 780, 818, 826, 845. Propositions introduced by 38. Remarks by 134, 135, 136, 141, 142, 147, 148, 149, 224, 226, 229, 262, 264, 265, 270, 271, 274, 284, 286, 298, 320, 321, 367, 396, 403, 405, 432, 433, 445, 447, 452, 462, 463, 464, 466, 519, 532, 580, 581, 585, 586, 593, 594, 597, 598, 604, 605, 606, 612, 613, 615, 616, 622, 627, 629, 630, 634, 635, 657, 701, 702, 706, 709, 710, 716, 717, 719, 720, 730, 741, 742, 783, 797, 798, 801, 802, 823, 826, 837, 840, 845, 857, 859, 860. RUSSELL, JOHN L., Member from Uinta. Motions made by 606, 607. Propositions introduced by 105. Remarks by 249, 260, 441, 449, 452, 454, 513, 608, 690, 696, 757, 765, 766, 767, 793, 796, 798, 838, 853, 855. SCOTT, RICHARD H., Member from Crook. SMITH, GEORGE C., Member from Carbon. Motions made by 42, 227, 316, 474. Motions to amend by 70, 89, 121, 261, 407, 461, 475, 736, 758, 764, 765, 857. Propositions introduced by 38. Resolutions offered by 93. Remarks by 134, 137, 141, 143, 148, 151, 154, 156, 179, 184, 195, 198, 212, 218, 225, 226, 230, 238, 240, 242, 257, 261, 262, 268, 274, 279, 323, 337, 366, 375, 400, 405, 435, 437, 438, 439, 447, 452, 453, 460, 461, 462, 471, 477, 480, 483, 501, 510, 531, 550, 569, 588, 589, 593, 597, 599, 602, 627, 634, 644, 703, 723, 724, 735, 752, 753, 759, 761, 762, 772, 799, 814, 831, 835, 840, S51, 859. SUTHERLAND, A. L., Member from Albany. Remarks by 383, 402, 404, 494, 583, 607, 615, 700, 734, 757, 771, 793, 834. TESCHEMACHER, H. E., Member from Laramie. Motions made by 5, 7, 21, 22, 26, 51, 63, 64, 65, 66, 72, 94, 712, 317, 338, 401, 408, 427, 428, 455, 537, 587, 626, 694, 718, 784. Motions to amend by 21, 39, 225, 254, 719. Propositions introduced by 33. Remarks by 133, 143, 146, 150, 151, 156, 160, 198, 211, 212, 2L>2. 22r>, 228, 231, 249, 280, 281, 285, 286, 287, 307, 310, 315, 331, 332, 337, 362, 365, 366, 367 380, 381, 389, 394, 395, 396, 398, 399, 400, 413, 417, 420, 429, 430, 434, 438, 441, 451, 458, 491, 515, 534, 544, 562, 572, 573, 575. 576, 577, 578, 612, 617, 018, 623, 625, 627, 628, 633, 634, 636, 644, 653, 664, 673, 674, 675, 678, 683, 690, 699, 704, 719, 722, 737, 749, 752, 754, 762, 769, 772, 773, 777, 778, 779, 781, 782, 784, 788, 789, 801, 829, 837, 843, 844, 846, 847, 862, 863. VAGNER, C. L., Member from Carbon. Remarks by 683. TOPICS OP DEBATE. Adoption of the Constitution of the United States 154157, 249251, 255, 270273, 287 Amendments (Substitute for File 18) 316 Boards of Arbitration (Pile 84) 588594, G25 Boards of Arbitration (Pile 90) 784, 795 Chinese Labor (File 66) 405407, 409 Civil Service 832837 Contracts of Employees (Substitute for Files 17 and 40) 401404, 443^54 Corporations (Substitute for Files 11, 38, 42, 72) 594606, 612624, 679, 680 County Organization (Substitute for Files 19 and 22) 297313 County Seats, Boundaries and Divisions of Counties (Substitute for File 14) 161165, 316 Credentials 152154, 160, 204 Education and Public Buildings (Substitute for Files 59, 28 and 8) 729749, 775 Elections and Qualifications to Office (Substitute for Files 5, 6, 10, 23, 64) 183, 184, 769773, 795 Executive Department (Substitute for Files 51 and 56) 460475 Federal Relations (File 60) 587, 588, 675, 676 Final Reading of Constitution 847864 Freedom of Conscience (File 21) 167, 168 Homesteads (File 92) 824, 825 Irrigation and Water Rights (File 57) 289297, 497512, 534537 Judicial Department (Substitute for File 50). 330 338, 478-495, 514533 Labor (File 85) 606611, 678 Legislative Department and Apportionment (File 76). . 409426, 455460, 539547, 552575, 626637, 843845 Mines and Mining (Piles 87 and 91) 764769, 791-798 Municipal Corporations (Pile 58, Substitute for File 11) 255-270, 272, 277-286, Ordinances.. ..196199 INDEX. 15 Preamble and Bill of Rights (Files 20, 88)). .157, 167, 718721, 723-728 Presentation of Propositions 138148, 159 Printing 135, 136, 174, 175, 212214, 222, 224, 341, 551, 799 Public Indebtedness, Limitation of (Pile 26) 713 71G Public Lands and Donations (File 86) 749764, 789791 Qualification of Electors (File 93) 837841, 842 Qualification of State Officers (File 18 167 Railroads and Telegraphs (Substitute for File 31) 476, 477, 580587, 676678 Resolutions 211215, 238 Revision 831, 832 Rights of Members 216218 Rules 194199, 225232, 239, 241, 288, 339341 Salaries of Public Officers (Substitute for Files 61, 65, 80, 83) 801824, 828, 829 Schedule (File 89) 775784, 825827 State Militia (Substitute for Files 9 and 36) 475, 476 Suffrage and Elections (Substitute for Files 16, 25, 29, 32, 39 and 47) 344378, 383401, 429443 Taxation and Revenue (Substitute for Files 7, 26, 27, 41, 54 and 55) 594, 637674, 680712, 716718, 786789 United States Senate Committee on Arid Lands 134, 327330, 378380, 408 ERRATA. Page 61. Omit the first line. Page 81. Insert between the words "Charles H. Burritt, Chairman," and "John K. Jeffrey," the following: "On motion of Mr. Burritt the report was adopted. Committee No. 18 submitted the following report: 'Cheyenne, Sept. 24, 1889. Mr. President: 'Your Committee No. 18 present herewith an article headed 'sched- ule' and recommend that the matters therein contained be embodied in the constitution.' " Mf I 5*