CONSTITUTIONAL CONVENTION.

TWENTY-FIRST DAY.

HALL OF THE CONSTITUTIONAL CONVENTION,

CAPITOL BUILDING,

Cheyenne, Wyo., Sept. 25, 1889.

The convention was called to order at 9 o’clock a.m.

Mr. President in the chair.

Prayer 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 substitute for File No. 31, properly engrossed.

H. E. TESCHEMACHER, Chairman.

FINAL READING.

The convention proceeded to the final reading of engrossed files.

File No. 82, “concerning police powers,” having been finally read, the yeas and nays on its adoption resulted as follows:

Yeas: Messrs. Baxter, Burritt, Campbell, Chaplin, Clark, Coffeen, Elliott, Foot, Fox, Grant, Hay, Harvey, Holden, Hoyt, Irvine, Jeffrey, Johnston, Jones, Morgan, McCandlish, Nickerson, Palmer, Potter, Preston, Reid, Russell, Smith, Sutherland, Teschemacher, Vagner, Mr. President.—31.

Nays: None.

Absent: Messrs. Baldwin, Barrow, Burdick, Butler, Casebeer, Conaway, Downey, Ferris, Frank, Hopkins, Knight, Menough, 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 follows:

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, Teschemacher, Vagner, Mr. President—29.

Nays: None.

Absent: Messrs. Baldwin, Barrow, Burdick, Butler, Casebeer, 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 substitute 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 follows:

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, Teschemacher, Vagner, Mr. President—29.

Nays: None.

Absent : Messrs. Baldwin, Barrow, Burdick, Butler, Casebeer, 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 File No. 60. “on federal relations,” as a part of the constitution.

FileNo. 85. “concerning labor,” was on final reading amended by striking out the words “no more than.” File No. 85 as amended having been finally read the yeas and nays on its adoption resulted as follows:

Yeas: Messrs. Baxter, Burritt, Campbell, Clark, Coffeen, Elliott, Foote, Grant, Hay, Holden, Hopkins, Hoyt, Jeffrey, Johnston, Jones, Morgan, McCandlish, Nickerson, Palmer, Potter, Preston, Reid, Riner, Russell, Smith, Sutherland, Tesch-emacher, Vagner, Mr. President—29.

Nays: Messrs. Fox. Harvey, Irvine—3.

Absent: Messrs. Baldwin, Barrow, Burdick, Butler, Casebeer, Chaplin, Conaway, 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. 11, 38, 42 and 72, “on corporations” was, on 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, Burritt, Campbell, Clark, Coffeen, Elliott, Foote, Fox, Grant, Harvey, Holden, Hopkins, Hoyt, Jeffrey, Jones, Morgan, McCandlish, Nickerson, Palmer, Preston, Reid, Russell, Smith, Sutherland, Vagner, Mr. President-26.

Nays: Messrs. Hay, Irvine, Johnston, Porter, Riner, Teschemacher—6.

Absent.: Messrs. Baldwin, Barrow, Burdick, Butler, Casebeer, Chaplin, Conaway, Downey. Ferris, Frank, Knight, Menough, Morris, McGill, Organ, Richards, Scott—17.

The president thereupon announced that the convention had adopted substitute for Files Nos. 11, 38, 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 and 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 consideration 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.

AFTERNOON SESSION.

The convention reassembled 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 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 committee 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 consideration substitute for Files No. 7, 26, 27, 41, 54 and 55 on “Taxation 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, silver, and other precious metals, soda, saline, coal, mineral oil or 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 prescribed 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 after 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 “eight” 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. 13 by adding the words “and such other duties as may be prescribed by law.”

That Sec. 13 and 14 be rereferred to Committee No. 11.

Amend Sec. 15 by striking out all after the word “property” in the third line, and insert in lieu thereof, the words “as the legislature may by general law provide.”

Strike out Sec. 17.

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. m.

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 report:

Mr. President:

Your Committee of the Whole to whom was referred the general file, beg leave to report with the following recommendations:

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 contracted for supplying water to such city or town are excepted from the operation of this section.”

Amend Sec. 7 by striking out in fifth line the words “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 equalization 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 polling stock and all other property used in the operation of all railroads, and other common carriers, except machine shops, rolling mills and hotels in this state. Such assessed valuation shall be apportioned to the counties in which said roads and common carriers are located, 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.

That the following be substituted for Sec. 14 of said file: Sec. 14. All property, except as in this constitution otherwise 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.

And 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 manner destroyed” 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.

Strike 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. 18 in line 4 the words “on account of his belief in God or the non-existence of God, nor.”

Strike out the last seven words 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 Files No. 7, 26, 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 convention adjourned until 9 o’clock a. m. Sept. 26th.

M. C. BROWN. President.

Attest: JOHN K. JEFFREY, Secretary.

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