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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: 1889-09-20 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 5951: 1889-09-20 00:00:00

The committee further considered the article on Executive Department. The articles on Militia; Railroads and Telegraph Lines; and the Judicial Department were also taken up.

Document View:

Substitute for File No. 50 [Committee of the Whole]

(Showing state at moment e734527)
There is 1 proposed amendment related to this document on which a decision has not been taken.

Section 1. The judicial department of the state as to matters of law and equity except in this constitution otherwise provided shall be vested in a supreme court, district courts, justices of the peace, courts of arbitration and such other courts as may be created by law for cities and incorporated towns.

Sec. 2. The supreme court except as otherwise provided in this constitution shall have appellate jurisdiction only, which shall be co-extensive with the state, and shall have a general superintending control over all inferior courts, under such regulations and limitations as may be prescribed by law.

Sec. 3. The supreme court shall have original jurisdiction in quo warranto and mandamus as to all State officers, and in habeas corpus. The supreme court shall also have power to issue writs of mandamus, review, prohibition, habeas corpus, certiorari, and other writs necessary and proper to the complete exercise of its appellate and revisory jurisdiction. Each of the judges shall have power to issue writs of habeas corpus to any part of the State upon petition by or on behalf of a person held in actual custody, and may make such writs returnable before himself or before the supreme court, or before any district court of the state or any judge thereof.

Sec. 4. The supreme court of the State shall consist of three justices who shall be elected by the qualified electors of the State at a general state election at the times and places at which state officers are elected; and their term of office shall be eight (8) years, commencing from and after the first Monday in January next succeeding their election; and the justices elected at their first election after this convention shall go into effect, shall at their first meeting provided by law, so classify themselves by lot that one of them shall go out of office at the end of four (4) years, and one at the end of six (6) years, and one at the end of eight (8) years from the commencement of their term, and an entry of such classification shall be made in the records of the court and signed by them, and a duplicate thereof shall be filed in the office of the secretary of state. The justice having the shortest term to serve and not holding his office by appointment or election to fill the unexpired term occasioned by such vacancy, shall be the chief justice and shall preside at all terms of the supreme court, and, in case of his absence, the justice having in like manner the next shortest term to serve shall preside in his stead. If a vacancy occur in the office of a justice of the supreme court the government shall appoint a person to hold the office until the election and qualification of a person to fill the vacancy, which election shall take place at the next succeeding general election. The first election of the justices shall be at the first general election after this constitution shall go into effect.

Sec. 5 A majority of the justices of the supreme court shall be necessary to constitute a quorum for the transaction of business.

Sec. 6 In case a judge of the supreme court shall be in any way interested in a case brought before such court the remaining judges of said court shall call one of the district judges to sit with them on the hearing of such cause.

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