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  1. Overview: Wyoming State Constitutional Convention 1889
  2. Full Record: Wyoming State Constitutional Convention 1889
  3. Committee:Committee of the Whole
  4. Session: 1889-09-26 00:00:00
  5. Event type: CREATE

Wyoming State Constitutional Convention 1889

The Wyoming Constitution Convention began September 2, 1889 without the authorization from an enabling act. The articles were individually voted on, creating the final Constitution of Wyoming on September 30, 1889. It was later ratified on November 5, 1889.

Committee of the Whole

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Document introduced in:

Session 6907: 1889-09-26 00:00:00

The committee considered the articles on Education; Public Lands and Donations; Coal Mines; Elections; Qualifications to Office; Schedule; and Boards of Arbitration.

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Report of the Committee of the Whole: 1889-09-26, Evening

There are 2 proposed amendments related to this document on which decisions have not been taken.

Mr. President:

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

Amend substitute for Files No. 59, 28 and 8, “on education and public institutions" by substituting the following 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 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.”

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 thereof the words “the legislature shall provide by law for the management of,” also by striking out the last sentence of said section.

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 commencing with the word “consisting” in the fourth line up to and including 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.

Amend Sec. 10 by inserting the word “such’’ after the word “make” in the first line.

That the following substitute for Sec. 16 be adopted:

The establishment of the University of Wyoming is hereby confirmed, and said institution, with its several departments, is hereby declared the University 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 departments, with all other grants, donations and 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 were granted, donated or devised.

The said lands may be leased on terms approved by the land commissioners, but may not be sold on terms not approved by congress.

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 (10) 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 some general election, and a majority of all votes upon said question, 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 government and said institutions shall be as follows:

The seat of government shall be located at the city of Cheyenne. in the county of Laramie.

The state university shall be located at the city of Laramie, in the county of Albany.

The insane asylum shall be located at the town of Evanston, in the county of Uinta.

The penitentiary shall be located at the city of Rawlins, 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 institutions except under general laws and by vote of the people.

And that substitute for Files No. 59, 28 and 8 be adopted as amended.

Your committee further recommends:

That File No. 86, “on public lands and donations,” be amended 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 following: “Provided that in case of actual and bona tide settlement 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 160 acres, 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 6.

Amend Sec. 5 by adding at the beginning of said section the words "except a preference right to buy as in this constitution 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 adopted as amended.

Your committee 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 Secs. 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 elections and qualifications to office,” be, amended by inserting the following 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 elections 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 January next following the date of their election or as soon thereafter as may be possible.”

Strike out Sec. 4.

And your committee recommend that substitute for Files No. 5, 6, 10, 23 and 64 be adopted as amended, and your committee 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, 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.”

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” 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 words “and upon separate articles or propositions,” and ;by striking out in the sixteenth and seventeenth lines the words “or against any articles submitted separately.”

Amend Sec. 9 by striking out in the sixth line the word “of” and inserting the word “for” in lieu thereof.

Amend Sec. 11 by inserting in the first line after the word “secretary” the words “of the territory.”

Amend Sec. 12 by inserting in the first line after the word “election” the words “except members of the legislature.”

Amend Sec. 13 by inserting in the sixth line after the word “legislature” the words “in joint session.”

Add the following four additional sections:

See. 20. All state officers, including members of the legislature, elected at the first election held under this constitution shall hold their respective offices for the full term next ensuing such election, including the time intervening between the date of their qualification and the date of the commencement of such full term.

Sec. 21. The regular election that otherwise would be held on the first Tuesday next succeeding the first Monday of November, 1890, shall be omitted.

Sec. 22. The regular session of the legislature that would otherwise convene on the second Tuesday of January, 1891, shall be omitted.

That File No. 89 with amendments be referred to the committee on schedule and judiciary.

That File No. 90, “concerning boards of arbitration,” be adopted.

E. S. ELLIOTT, Chairman.

Decisions yet to be taken

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