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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: 1889-09-27 15:00:00
  5. Event type: CREATE_FROM

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 7824: 1889-09-27 15:00:00

The committee considered the articles on Salaries of Public Officers, Exemptions, and Schedule.

Document View:

Schedule [File No. 89, Committee of the Whole]

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

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, liabilities and obligations against the Territory of Wyoming of whatsoever nature, and rights of individuals, and of bodies corporate, 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. That all property, real and personal, and all moneys, credits, claims, and choses in action, belonging to the territory 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not repugnant to this Constitution, shall remain in force until they expire by their own limitation or be altered or repealed by the Legislature.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 accruing to the Territory of Wyoming shall accrue to the use of the State.

Sec. 5. All recognizances, bonds, obligations, or other undertakings heretofore taken, or which may be taken before the organization of the Judicial Department under this Constitution, shall remain, valid and shall pass over to and may be prosecuted in the name 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 authority, and to their successors in office for the uses therein respectively expressed, and may be sued for and recovered accordingly. All criminal prosecutions and penal actions which have arisen or which may arise before the organization of the Judicial Department under this Constitution, and which shall then be pending, may be prosecuted to judgment and execution in the name of the State.

Sec. 6. All officers, civil and military, holding their offices and appointments in this Territory under the authority of the United States, or under the authority of this Territory, shall continue to hold and exercise their respective offices and appointments until suspended under this Constitution.

Sec. 7. This Constitution shall 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 in November, A. D. 1889. Said election shall be conducted 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 for 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 certify the result to the President of the United States, together with a statement of the votes cast thereon, and a copy of said Constitution, articles, propositions and ordinances.

At the said election the ballots shall be in the following form: For the Constitution—yes; no.

And as a heading to each of said ballots, shall be printed on each ballot the following instructions to voters:

All persons who desire to vote for the Constitution may erase the word "no."

All persons who desire to vote against the Constitution may erase the word "yes."

Any person may have printed or written on his ballot only the words "For the Constitution" or "Against the Constitution," and such ballots shall be counted for or against the Constitution, accordingly.

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 absence or failure to act, the President of this Convention, shall issue a proclamation, which shall be published, and a copy thereof mailed to the Chairman of the Board of County Commissioners of each county, calling an election by the people of all State, District, County and other officers, created and made elective by this Constitution and such other county and precinct officers as are provided by territorial law, 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 said 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 offices. Every qualified elector of the Territory, at the date of said election, shall be entitled to vote thereat. Said election shall be conducted in all respects in the same manner as provided by the laws of the Territory for general elections, and the returns thereof shall be made to the canvassing board hereinafter provided for.

Sec. 11. The Governor, Secretary of the Territory and President of this Convention, or a majority of them, shall constitute a Board of Canvassers to canvass the vote at 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 district officers and members of the Legislature, in the manner provided by the laws of the Territory for canvassing the vote for Delegate to Congress, and they shall issue certificates of election to the persons found to be elected to said offices severally, and shall make and file with the Secretary of the Territory an abstract certified by them, of the 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, except members of the legislature shall, within thirty days after they have been declared elected, take the oath required by this Constitution, and give the same bond required by the law of the Territory to be given in case of like officers of the Territory or district, and shall thereupon enter upon the duties of their respective offices; but the Legislature may require by law all such officers to give other or further bonds as a condition of their continuance in office.

Sec. 13. The Governor-elect of the State, immediately upon his qualifying and entering upon the duties of his office, shall issue his proclamation convening the Legislature of the State at the seat of government, on a day to be named in said proclamation, and which shall not be less than thirty nor more than sixty days after the date of such proclamation. Within then days after the organization of the Legislature, in joint session, both houses of the Legislature shall then and there proceed to elect, as provided by law, two Senators of the United States for the State of Wyoming. At said election the two persons who shall receive the majority of all the votes cast by said Senators and Representatives shall be elected as such United States Senators, and shall be so declared by the presiding officers of said joint session. The presiding officers of the Senate and House shall issue a certificate to each of said Senators certifying his election, which certificates shall also be signed by the Governor and attested by the Secretary of State.

Sec. 14. The Legislature shall pass all necessary laws to carry into effect the provisions of this Constitution.

Sec. 15. Whenever any two of the judges of the Supreme Court of the State, elected under the provisions of this Constitution, shall have qualified in their offices, the causes then pending in the Supreme Court of the Territory, and the papers, records and proceedings of said Court, and the seal and other property pertaining thereto, shall pass into the jurisdiction and possession of the Supreme Court of the State; and until so superseded the Supreme Court of the Territory and the judges thereof shall continue, with like powers and jurisdiction, as if this Constitution had not been adopted. Whenever the judge of the District 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 within any county in such district, and the records, papers and proceedings of said District Court, and the seal and other property pertaining thereto, shall pass into the jurisdiction and possession of the District Court of the State for such county; and until the District Courts of this Territory shall be superseded in the manner aforesaid, the said District Courts and the judges thereof shall continue with the same jurisdiction and power to be exercised in the same judicial districts respectively as heretofore constituted under the laws of the Territory.

Sec. 16. Until otherwise provided by law the seals now in use in the Supreme and District Courts of this Territory are hereby declared to be the seals of the Supreme and District Courts, respectively, of the State.

Sec. 17.

Whenever this Constitution shall go into effect, the books, records and papers, and proceedings of the Probate Court in each county, and all causes and matters of administration and other matters pending therein, shall pass into the jurisdiction and possession of the District Court of the same county, and the said District Court shall proceed to final decree or judgement, order or other determination in the said several matters and causes as the said Probate Court might have done if this Constitution had not been adopted.

Sec. 18. Senators and members of the House of Representatives shall be chosen by the qualified electors of the several senatorial and representative districts as established in this Constitution, until such districts shall be changed by law, and thereafter by the 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 qualfiied, as may be provided by law, and the official bonds of all such officers shall continue in full force and effect as though this Constitution had not been adopted.

Sec. 20. Members of the legislature and all state officers, 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.

Sec. 21. If the first session of the legislature under this constitution 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.

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 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. 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 rejection or adoption, 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.

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