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  1. Overview: Wyoming State Constitutional Convention 1889
  2. Full Record: Wyoming State Constitutional Convention 1889
  3. Committee:The Convention
  4. Session: 1889-09-24 09:00:00
  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.

The Convention

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Document introduced in:

Session 5984: 1889-09-24 09:00:00

The standing and special committees presented their reports for consideration. The article on the Legislative Department was put upon final reading. The Convention resolved into the Committee of the Whole and the committee reported their progress before adjournment.

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Concerning Legislative Department [File No. 76, Convention]

(Showing state at moment e706825)
There is 1 proposed amendment related to this document on which a decision has not been taken.

Legislative Department.

Section 1. The legislative power shall be vested in a senate and house of representatives, which shall be designated "The legislature of the State of Wyoming."

The legislative power shall be vested in a senate and house of representatives, which shall be designated "The legislature of the State of Wyoming."

Sec. 2

Senators shall be elected for the term of two years and representatives for the term of two years. No person shall be a senator who shall not have attained the age of twenty five years, or a representatives who shall not have attained the age of twenty one years, and who shall not be a citizen of the United States and of this state and who shall not, for at least twelve months next preceeding his election have resided within the county or district in which he shall be elected.

Sec. 3

. Each county shall constitute a senatorial and representative district. The Senate and House of Representatives shall be composed of members elected by the legal voters of the counties respectively, every two years who shall be apportioned among the said counties as nearly as may be according to the member of their inhabitants provided that each county shall have at least one Senator and one representative and provided further, that at no time shall the number of members of the house of representatives be less than twice or greater than three times the number of members of the Senate. The Senate and House of Representatives first elected in persuance of this Constitution shall consist of sixteen, and thirty-three members, respectively.. The Senate and House of Representatives shall be composed of members elected by the legal voters of the counties respectively, every two years who shall be apportioned among the said counties as nearly as may be according to the member of their inhabitants provided that each county shall have at least one Senator and one representative and provided further, that at no time shall the number of members of the house of representatives be less than twice or greater than three times the number of members of the Senate. The Senate and House of Representatives first elected in persuance of this Constitution shall consist of sixteen, and thirty-three members, respectively.

Sec. 4. When vacancies shall occur in either house by death resignation or otherwise which vacancy shall be filled for the remainder of the term by special election to be called in such manner as may be prescribed by law.

Sec. 5. Members of the senate and house of representatives shall be elected on the day provided by law for the general election of a member of Congress, state and county officers and their term of office shall begin on the first Monday of January thereafter.

Sec. 6. Each member of the first Legislature, as a compensation for his service shall receive five dollars for each day's attendance, and fifteen cents for each mile traveled in going to and returning from the seat of government to his residence by the usually traveled route, and shall receive no other compensation, perquisite or allowance whatsoever. No session of the Legislature, after the first, which may be ninety days, shall exceed forty days. After the first session, the compensation of the members of the Legislature shall be as provided by law; Provided, that no Legislature shall fix its own compensation.

Sec. 7. The Legislature, shall meet at the seat of government at twelve o’clock, noon, on the second Tuesday of January, next succeeding the general election provided by law, and at twelve, o'clock, noon, on the second Tuesday of January, of each alternate year thereafter, and at other times when convened by the Governor.

Sec. 8. No Senator or Representative shall, during the term for which he shall have been elected, be appointed to any civil office under the State; and no member of Congress, or other person holding an office (except Notary Public, or in the militia) under the United States or this State, shall be a member of either house during his continuance in office.

Sec. 9. No member of either house, shall, during the term for which, he shall have been elected, receive any increase of salary or mileage under any law passed during such term.

Sec. 10. The Senate shall, at the beginning and close of each regular session, and at such other times as may be necessary, elect one of its members President. The House of Representatives shall elect one of its members Speaker. Each house shall choose its other officers, and shall judge of the elections, returns, and qualifications of its members.

Sec. 11. A majority of each house shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and compel the attendance of absent members in such manner and under such penalties as each house may prescribe.

Sec. 12. Each house shall have power to determine the rules of its proceedings, and punish its members or other persons for contempt or disorderly behavior in its presence; to protect its members against violence or offers of bribe or private solicitation, and with the concurrence of two- thirds, to expel a member, and shall have all other powers necessary for the Legislature of a free State. A member expelled for corruption shall not thereafter be eligible to either house of the Legislature; and punishment for contempt or disorderly behavior shall not bar a criminal prosecution for the same offense.

Sec. 13. Each house shall keep a journal of its proceedings and may, in its discretion, from, time to time, publish the same, except such parts as require secrecy, and the ayes and noes on any question, shall, at the request of any two members, be entered on the journal.

Sec. 14. The sessions of each house and of the committees of the whole shall be open unless the business is such as requires secrecy.

Sec. 15. Neither house shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting.

Sec. 16. The members of the Legislature shall, in all cases, except treason, felony, violation of their oath of office and breach of the peace, be privileged from arrest during their attendance at the sessions of their respective houses, and in going to and returning from the same; and for any speech or debate in either house they shall not be questioned in any other place.

Sec. 17. The sole power of impeachment shall vest in the House of Representatives; the concurrence of a majority of all the members being necessary to the exercise thereof. Impeachment shall be tried by the Senate sitting for that purpose and the Senators shall be upon oath or affirmation to do justice according to law and evidence. When the Governor is on trial, the Chief Justice of the Supreme Court shall preside. No person shall be convicted without a concurrence of two-thirds of the Senators elected.

Sec. 18. The Governor and other State and Judicial officers, except Justices of the Peace, shall be liable to impeachment for high crimes and misdemeanors, or malfeasance in office, but judgment in such cases shall only extend to removal from office and disqualification to hold any office of honor, trust or profit under the laws of the State. The party whether convicted or acquitted shall, nevertheless, be liable to prosecution, trial, judgment and punishment according to law.

Sec. 19. All officers not liable to impeachment shall be subject to removal for misconduct or malfeasance in office, in such manner as may be provided by law.

Sec. 20. No law shall be passed except by bill, and no bill shall be so altered or amended on its passage through either house as to change its original purpose.

Sec. 21. The enacting clause of every law shall be as follows: “Be it enacted by the Legislature of the State of Wyoming.”

Sec. 22. No bill for the appropriation of money, except for the expenses of the government, shall be introduced within five days of the close of the session, except by unanimous consent of the house in which it is sought to be introduced.

Sec. 23. No bill shall be considered or become a law unless referred to a committee, returned therefrom and printed tor the use of the members.. No bill shall be considered or become a law unless referred to a committee, returned therefrom and printed tor the use of the members.

Sec. 24. No bill, except general appropriation bills, and bills for the codification and general revision of the laws, shall be passed containing more than one subject which shall be clearly expressed in its title: but if any subject shall be embraced in any act which shall not be expressed in. the title, such act shall be void only as to so much thereof as shall not be so expressed.

Sec. 25. No bill shall become a law except by a vote of a majority of all the members present in each house, nor unless on its final passage, the vote be taken by ayes and noes, and the names of those voting be entered on the journal.

Sec. 26. No law shall be revised or amended, or the provisions thereof extended by reference to its title only, but so much thereof as is revised, amended or extended shall be re-enacted and published at length.

Sec. 27. The Legislature shall not pass local or special laws in any of the following enumerated cases, that is to say: For granting divorces; laying out, opening, altering or working roads or highways; vacating roads, town plats, streets, alleys or public grounds; locating or changing county seats; regulating county or township affairs; incorporation of cities, towns or villages or changing or amending the charter of any cities, towns or villages; regulating the practice in courts of justice; regulating the jurisdiction and duties of justices of the peace, police magistrates or constables; changing the rules of evidence in any trial or inquiry; providing for changes of venue in civil or criminal cases; declaring any person of age; for limitation of civil actions, or giving effect to informal or invalid deeds; summoning or impaneling grand or petit juries; providing for the management of common schools: regulating the rate of interest on money; the opening or conducting of any election or designating the place of voting; the sale or mortgage of real estate belonging to minors or others under disability; chartering or licensing ferries or bridges or toll roads; chartering banks, insurance companies and loan and trust companies; remitting fines, penalties or forfeitures; creating, increasing or decreasing fees, per centages or allowances of public officers; changing the law of descent: granting to any corporation, association or individual the right to lay down railroad tracks, or any special or exclusive privilege, immunity or franchise whatever or amending existing charter for such purpose; for the punishment of crimes; changing the names of persons or places: for the assessment or collection of taxes; affecting estates of deceased persons, minors or others under legal disabilities: extending the time for the collection of taxes; refunding money paid into the State treasury; relinquishing or extinguishing-in whole or in part the indebtedness, liability or obligation of any corporation or person to this State, or to any municipal corporation therein: exempting property from taxation; restoring to citizenship persons convicted of infamous crimes; authorizing the creation, extension or impairing of liens; creating offices, or prescribing the powers or duties of officers in counties, cities, township or school districts; or authorizing the adoption or legitimation of children. In all other cases where a general law can be made applicable, no special law shall be enacted.

Sec. 28. The presiding officer of each house shall, in the presence of the house over which he presides, sign all bills and joint resolutions passed by the Legislature immediately after their titles have been publicly read, and the fact of signing shall be at once entered upon the journal.

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Sec. 37

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Sec. 39

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Sec. 41

Sec. 42

Sec. 43

Sec. 44

Sec. 45

Sec. 46

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