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 Revision and Adjustment

Also referred to as Committee No. 19

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Document introduced in:

Session 6025: 1889-09-23 00:00:00

The committee was referred the articles on Irrigation and Water Rights; Executive Department; and Judicial Department. The committee drafted a report.

Document View:

Substitute for Files No. 51 and 56 [Committee of Revision and Adjustment]

There are 0 proposed amendments related to this document on which decisions have not been taken.

Section 1. The executive power shall be vested in a Governor, 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 elector of the state, who shall have attained the age of thirty years, and who shall have resided five years next preceeding the election within the state or territory, nor shall he be eligible to any other office during the term for which he shall have been elected.

Sec. 3. The Governor shall be elected by the qualified electors of the state at the time and places 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 of 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 Commander-in-Chief fo the military forces of the state, except when they shall be called into the service of the United States, and may call out the same to execute the laws, surpress insurrection and repel invasion. He shall have power to convene the legislature on extraordinary occassions. He shall at the commencement of each session communicate to the legislature by message, information of the condition 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 expedite all such measures as may be resolved upon by the legislature and shall take care that the laws be faithfully executed.

Sec. 5. The Governor shall have power to remit fines and forfeitures, to grant repreives, commutations and pardons after conviction, for all offences except treason and cases of impeachment; but the legislature may by law regulate the manner in which the remission of lines, pardons, commutations and reprives may be applied for. Upon conviction for treason he shall have power to suspend the execution of sentence until the case shall be reported to the legislature at its next regular session, when the legislature shall either pardon or commute the sentence, direct the execution of the sentence or grant further repreive. He shall communicate to the legislature at each regular session each case of remission of fine, repreive, commutations or pardon granted by him, stating the name of the convict, the crime for which he is convicted, the sentence and its date, and the date of the remission, commutation, pardon, or reprieve, with his reasons for granting the same.

Sec. 6. If the Governor shall be impeached, displaced, resign or die, or from mental or physical disease, or otherwise become incapable of performing the duties of his office, or is absent from the state, the Secretary of State shall act as Governor until the vacancy shall be filled or the disability removed.

Sec. 7. When any office shall from any cause become vacant, and no mode is provided by the Constitution or law for filling such vacancy, the Governor shall have power to fill such vacancy by appointment.

Sec. 8. Every bill which shall have passed the legislature shall before it becomes law, 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 elect shall agree to pass the bill, it shall be sent, together with the objections to the other house, by which it shall likewise be reconsidered, and if it approved by two-thirds of the members elect, it shall become law; but in all such cases the vote of both houses shall be determined by the yeas and nays, and the names of the members voting for and against the bill shall be entered upon the journal of each house respectively. If any bill shall not be returned by the Governor within three days (Sundays excepted) after it shall have been presented to him, the same shall be a law, unless the legislature by its adjournment, prevent its return, in which case it shall be a law, unless he shall file with the same his objections in the office of the Secretary of State within fifteen days after such adjournment.

Sec. 9. The Governor shall have power to disapprove of any item or items, or part or parts on any bill making appropriations of money or property embracing distinct items, and 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 session 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 prescribed for the passage of bills over the executive veto.

Sec. 10. Any Governor of this state who asks, receives or agrees to receive any bribe upon any understanding that his official opinion, judgement or action shall be influenced thereby, or who gives or offers, or promises his official influence in consideration that any member of the legislature shall give his official vote or influence on any particular side of any question or matter upon which he may be required to act in his official capacity, or who menances any member by the threatened use of his veto power, or who offers or promises any member that, he, the said Governor, will appoint any particular person or persons to any office created or thereafer 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 said Governor, will remove any person or persons from office or position with intent in any manner to influence the action of said member, shall be punished in the manner now or that may hereafter by 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, Superindtendent of Public Instruction, who shall have attained the age of twenty-five years, shall be citizens of the United States, and shall have the qualifications of state electors. They shall severally hold their offices at the seat of government, for the term of four years and until their successors are elected and duly qualified, but no person shall be eligible to the office of treasurer for four years next after the expiration of the term for which he shall have been elected the legislature may provide for such other officers as may be deemed necessary.

Sec. 12. The powers and duties of the Secretary of State, of State Auditor, Treasurer and Superintendent of Public Instruction shall be as prescribed by law.

Sec. 13. Until otherwise provided by law the Governor shall receive an annual salary of two thousand and five hundred dollars, the Secretary of State and State Auditor shall each receive an annual salary of two thousand dollars, the State Treasurer and Superintendent of Public Instruction shall each receive an annual salary of two thousand dollars, and the salaries of any of the said officers shall not be increased or diminished during the period for which they shall have been elected, and all fees and profits 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 may be appointed by the governor and confirmed by the Senate. His duty shall be to examine the accounts of State treasurer, supreme court clerks, district court clerks, and all county treasurers, and treasurers of such other public institutions as may be prescribed by law and he shall perfom such other duties as the legislature may prescribe. He shall report at least once a year and oftener if required to such officers as may be designated by the legislature. His compensation shall be fixed by law.

Sec. 15.

There shall be a seal of the 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 directed by law.

The seal of the Territory of Wyoming as now used shall be the seal of the State until otherwise provided by law.

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