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 5658: 1889-09-11 10:00:00

Propositions were presented by members of the Convention and referred to their respective committees. Reports of the standing committees were then presented. The Convention then resolved into the Committee of the Whole to consider the article on Municipal Corporations. The committee reported their progress, and the Convention received more reports from standing committees.

Document View:

Journal of 1889-09-10

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

EIGHTH DAY.

Hall of the Constitutional Convention, Capitol Building, Cheyenne, Wyo., Sept. 10, 1889.

The convention was called to order at 10 o’clock a. m.

Mr. President in the chair.

Prayer by the chaplain.

Roll call. Thirty-nine members present; absent members heretofore excused by the convention.

Journal of previous session read and approved.

The convention on motion excused Mr. Hopkins until Thursday next.

Propositions.

The following propositions were read first time and referred:

File No. 48. By Mr. Frank.

“County Organizations.”

Referred to Committee No. 12.

File No. 49. By Mr. Frank.

“Suffrage and Elections.”

Referred to Committee No. 5.

File No. 50. By Mr. Campbell.

“Concerning the Creation of a Supreme Court.”

Referred to Committee No. 4.

File No. 51. By Mr. Jeffrey.

“Seal of State.”

Referred to Committee No. 3.

File No. 52. By Mr. Smith.

“Regulation of Railroads and Telegraphs.”

Referred to Committee No. 14.

File No. 53. By Mr. Chaplin.

“Preamble.”

Referred to Committee No. 1.

File No. 54. By Mr. Grant.

“Limitation on Public Indebtedness.”

Referred to Committee No. 11.

File No. 55. By Mr. Grant.

“Concerning the Revenue.”

Referred to Committee No. 11.

File No. 56. By Mr. Riner.

“In relation to the Executive Department.”

Referred to Committee No. 3.

Mr. Hay offered an amendment to Rule No. 25, relating to printing.

Mr. Rinermoved the suspension of the rule requiring one day’s notice for the purpose of considering the amendment, seconded by two members. The yeas and nays were called for, on the motion to suspend the rules, and resulted as follows: Yeas 35. Nays 5. Absent 9.

Thereupon the president announced that two-thirds of the members present having voted in the affirmative, the rules were suspended for the purpose of considering the proposition to amend the rules.

Mr. Hay having withdrawn his amendment Mr. Teschemacher offered the following substitute: Amend Rule 51 so as to read as follows:

“All reports of -the committees containing matter to be incorporated in the constitution shall be considered in the order in which the reports are made, and upon their introduction and full reading before the convention; such matters to be incorporated shall be referred immediately to the printing committee and when printed shall be placed upon the calendar to be considered in the committee of the whole convention. No other matter shall be printed except by consent of the convention.”

Mr. Riner called for the yeas and nays on the question to adopt the amendment.

Seconded by two members.

Pending the question, on motion of Mr. Campbell, supported by five members, a call of the house was ordered

The president instructed the sergeant-at-arms to close the doors.

On motion of Mr. Riner further proceedings under the call of the house were dispensed with.

The yeas and nays on the question of adopting Mr. Teschemacher's proposed amendment of Rule No. 51, resulted as follows:

Yeas 18: Nays 19: Absent 11.

The president thereupon announced that a majority of the convention having not voted in the affirmative, the motion to amend the rules was lost.

On motion of Mr. Fox, the convention stood in recess until two o’clock p. m.

Afternoon session.

The convention re-assembled at two o’clock p. m.

Mr. President in the chair.

The president presented the following communication from the Hon. Delegate in Congress from Wyoming Territory:

Cheyenne, Wyoming, Sept. 9, 1889.

Hon. M. C. Brown,

President Constitutional Convention,

Cheyenne, Wyoming.

Sir:—For the distinguished honor conferred in tendering to me the privileges of the floor of the convention, I desire to express my hearty thanks. The first Constitutional Convention of Wyoming, I believe, will form a constitution which will be approved by all its members, ratified by the people, and accepted by congress as the fundamental law of a new state. Very respectfully, Your obedient servant,

(signed) JOSEPH M. CAREY.

Reports of Standing Committees.

Mr. Johnston, of Committee No. 8, made the following report which was adopted and the accompanying proposition ordered printed.

Cheyenne, September 10, 1889.

Mr. President:

Your Committee No. 8, submit herewith a proposition on “Irrigation and Water Rights,” and recommend that the same be printed for the information of the convention.

(signed) J. A. JOHNSTON, Chairman.

Committee No. 12 reported as follows:

Committee No. 12. On County, City and Town Organizations. September 10th, 1889.

Mr. President-

Your committee having under consideration File No. 11, return the same with the recommendation that it do not pass, and submit herewith a substitute entitled Municipal Corporationswhich we recommend for incorporating in the constitution.

Your committee apprehend that a large portion of File No. 11 was inadvertently referred to us, as it refers to corporations other than municipal, we therefore recommend that all of said file except the first section be referred to Committee No. 13, on corporations.

(signed) CHAS. H. BURRITT,

JONATHAN JONES,

GEO. W. FOX,

A. C. CAMPBELL,

J. A. RINER.

On motion of Mr. Elliott the report of Committee No. 12 was adopted, the substitute submitted by the committee, ordered printed and File No. 11, excepting Sec. 1, referred to Committee No. 13. Committee No. 12 submitted a majority and minority report on Files No. 19 and 22, which on motion were accepted.

The special committee on ways and means made the following report:

Wyoming Constitutional Convention.

Final Report of Temporary Committee on Ways and Means.

Cheyenne, Wyoming, Sept. 10, 1889.

To the President of the Wyoming Constitutional Convention,

Cheyenne, Wyoming.

Sir:—Your committee having had under consideration the questions which were referred to them, viz: The compensation of the employees of the convention, the advisability of employing a stenographer, and the ways and means of raising the funds to meet the necessary cash expenditures of the convention, beg leave to submit the following final report:

As already suggested your committee recommends that the compensation of the employeesof the convention, be fixed as nearly as possible at the same rates as those paid for similar service to the employeesof the Tenth Legislative Assembly of Wyoming. And that the president and secretary of the convention be authorized to issue to the said employeescertificates showing the amount of service rendered and the amount due them, said certificates to be accepted by the employeessubject to any action that the legislature of Wyoming or the congress of the United States, may take in reference to paying the expenses of this convention. We find that the rates of compensation as suggested above applied to the employeesof this convention, would be as follows, to-wit:

Two assistant secretaries at five dollars per day each.

One Sergeant-at-Arms, at five dollars per day.

One doorkeeperor watchman at four dollars per day.

One chaplain at one dollar and fifty cents per day.

Two pages or messengers at two dollars per day.

A contract has been made with the Cheyenne Daily Sun, by another committee, by which it is provided that no cash payment shall be made, and we therefore suggest that certificates, similar to those mentioned, be issued to the editor of the Cheyenne Sun.

The convention has already taken action in reference to stenographer.

Your committee estimates that there will be required not to exceed $700.00 in cash for the payment of stenographic report, for the tables, stationery and supplies provided by the secretary of the territory, previous to the meeting of the convention. To meet this demand a loan has been made, by subscription, from certain citizens of Cheyenne, on condition that certificates be issued to them showing the amount subscribed.

A form of certificate is submitted herewith, and it is recom-mended that authority for their issue be given, on receipt by the secretary of the convention, of their par value from the subscribers and that the funds so received be paid by the secretary of the convention to the secretary of Wyoming territory, who shall be requested to pay the same out on the properly audited vouchers of the convention.

Your committee having completed the labors assigned to it to the best of its ability, now ask to be discharged, and that the matter of carrying out the details of the plan proposed, be referred to the proper standing committee.

Very Respectfully,

(signed) HENRY G. HAY, Chairman.

H. G. NICKERSON, Secretary.

Form of Certificate.

No....................... $.............................

WYOMING CONSTITUTIONAL CONVENTION.

Cheyenne, Wyo., September...., 1889.

This is to certify that (blank) this blank to be filled to show the name of the party to whom issued, the service rendered, and the amount due................................................................................................................................................................................................................................................................................................................Dollars. And that this certificate is issued by authority of the Constitutional Convention of Wyoming, subject to such action as the Legislature of Wyoming, or the Congress of the U S. may make in reference to the payment of the expenses of the said convention..................................................................President..................................................................Secretary.

On motion of Mr. Potter the foregoing report of the committee on ways and means was adopted and the committee discharged.

On motion of Mr. Smith the resolutions offered by Mr. Hoyt were laid over until the next session.

Mr. Hay offered the following resolution which was adopted by a unanimous vote:

Resolved, That the president and secretary of this convention are hereby authorized to issue certificates, in the form, and for the purposes, proposed in the report of the temporary committee on ways and means of September 10th, and that the proceeds derived from the sale of any of such certificates as may be sold shall be paid to the secretary of the territory to be disbursed by him on the properly audited vouchers of the convention. Also that the certificates issued for the payment of the employees, and for printing and be delivered to the secretary of the territory to be paid out to the proper parties, and that the secretary of the territory be requested to keep a record of his receipts and disbursements, on this account, for future reference.

Provided, That no certificate shall be issued, in excess of the amount or for any other purpose than those suggested in the report of the ways and means committee, without the further authority of this convention.

Mr. Fox submitted the following resolution, which was adopted:

Resolved, That a committee of three be appointed by the chair to inspect from time to time the work performed by the stenographic reporter so far as the report is completed in type written manuscript, the approval of the report by said committee shall entitle the stenographer to the payment of the fees as designated in the report of the committee on ways and means and adopted by the convention.

Mr. Fox moved that the convention go into committee of the whole.

Lost on a rising vote.

On motion of Mr. Baxter the majority and minority reports of Committee No. 1.2, on files No. 19 and 22 were ordered printed.

Messrs. Elliott and Preston were excused for the day.

On motion of Mr. Campbell the convention adjourned until ten o’clock a. m., Sept. 11th.

(signed) M. C. BROWN, President Convention.

Attest: JOHN K. JEFFREY, Secretary.

Decisions yet to be taken

None

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