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.

The Convention

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Document introduced in:

Session 5751: 1889-09-16 10:30:00

The reports of the standing committees were presented. The Convention then resolved into the Committee of the Whole. The committee reported their progress on the article on Judicial Department. A proposition concerning salaries was presented.

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Relating to Railroad and Telegraph Lines [File No. 31, Convention]

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Relating to Railroad and Telegraph Lines

Section 1. Any railroad corporation or association organized for the purpose, shall have the right to construct and operate a railroad between any points within this state and to connect at the state line with railroads of other states. Every railroad shall have the right with its road to intersect, connect with or cross any other railroad and shall receive and transport each other’s passengers, tonnage and cars, loaded or empty, without delay or discrimination.

Sec. 2. Railroads heretofore constructed or that may hereafter be constructed in this state are hereby declared public highways and railroad companies common carriers.

Sec. 3. Every railroad corporation or association operating a line of railroad within this state shall annually make a report to the auditor of the state of the amount of its business within this state.

Sec. 4. Exercise of the power and right of eminent domain shall never be so construed or abridged as to prevent the taking by the legislature of the property and franchises of incorporated companies and subjecting them to public use the same as the property of individuals.

Sec. 5. Neither the state, nor any county, township, school district or municipality shall loan or give its credit or make donations to or in aid of any railroad or or telegraph line; provided, that this section shall not apply to obligations of any county, city, township, school district, contracted prior to the adoption of this constitution.

Sec. 6. No railroad or other transportation company in existence upon the adoption of this constitution shall derive the benefit of any future legislation without first filing in the office of the secretary of state an acceptance of the provisions of this constitution.

Sec. 7. No street railroad shall be constructed within any city, town, or incorporated village without the consent of the local authorities having control of the streets and highways proposed to be occupied by such street railroad.

Sec. 8. Any association, corporation or lessee of the franchises thereof organized for the purpose shall have the right to construct and maintain lines of telegraph within this state and to connect the same with other lines.

Sec. 9. No foreign railroad or telegraph line shall do any business within this state without having an agent or agents within each county through which such railroad or telegraph line shall be constructed upon whom process may be served.

Mortimer N. Grant

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