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 6907: 1889-09-26 00:00:00

The committee considered the articles on Education; Public Lands and Donations; Coal Mines; Elections; Qualifications to Office; Schedule; and Boards of Arbitration.

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Schedule [File No. 89, Committee of the Whole]

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Section 1. That no inconvenience may arise from a change of the Territorial government to a permanent State government it is declared that all writs, actions, prosecutions, claims, liabilities and obligations against the Territory of Wyoming of whatsoever nature, and rights of individuals, and of bodies corporate, shall continue as if no change had taken place in this government, and all process which may, before the organization of the Judicial Department under this Constitution, be issued under the authority of the Territory of Wyoming, shall be as valid as if issued in the name of the State.

Sec. 2. That all property, real and personal, and all moneys, credits, claims, and choses in action, belonging to the territory at the time of the adoption of this constitution shall be vested in and become the property of the state of Wyoming.

Sec. 3. All laws now in force in the Territory of Wyoming which are not repugnant to this Constitution, shall remain in force until they expire by their own limitation or be altered or repealed by the Legislature.

Sec. 4. All fines, penalties, forfeitures and escheats accruing to the Territory of Wyoming shall accrue to the use of the State.

Sec. 5. All recognizances, bonds, obligations, or other undertakings heretofore taken, or which may be taken before the organization of the Judicial Department under this Constitution, shall remain, valid and shall pass over to and may be prosecuted in the name of the State; and all bonds, obligations or other undertakings executed to this Territory, or to any officer in his official capacity, shall pass over to the proper State authority, and to their successors in office for the uses therein respectively expressed, and may be sued for and recovered accordingly. All criminal prosecutions and penal actions which have arisen or which may arise before the organization of the Judicial Department under this Constitution, and which shall then be pending, may be prosecuted to judgment and execution in the name of the State.

Sec. 6. All officers, civil and military, holding their offices and appointments in this Territory under the authority of the United States, or under the authority of this Territory, shall continue to hold and exercise their respective offices and appointments until suspended under this Constitution.

Sec. 7. This Constitution shall be submitted for adoption or rejection to a vote of the qualified electors of this Territory, at an election to be held on the first Tuesday in in November, A. D. 1889. Said election shall be conducted in all respects in the same manner as provided by the laws of the Territory for general elections, and the returns thereof shall be made to the Secretary for said Territory, who with the Governor and Chief Justice thereof, or any two of them, shall canvass the same; and if a majority of the legal votes cast shall be for the Constitution the Governor shall certify the result to the President of the United States, together with a statement of the votes cast thereon, and a copy of said Constitution, articles, propositions and ordinances.

At the said election the ballots shall be in the following form: For the Constitution—yes; no.

And as a heading to each of said ballots, shall be printed on each ballot the following instructions to voters:

All persons who desire to vote for the Constitution may erase the word "no."

All persons who desire to vote against the Constitution may erase the word "yes."

Any person may have printed or written on his ballot only the words "For the Constitution" or "Against the Constitution," and such ballots shall be counted for or against the Constitution, accordingly.

Sec. 8. This Constitution shall take effect and be in full force immediately upon the admission of the Territory as a State.

Sec. 9. Immediately upon the admission of the Territory as a State, the Governor of the Territory, or in case of his absence or failure to act, the Secretary of the Territory, or in case of his absence or failure to act, the President of this Convention, shall issue a proclamation, which shall be published, and a copy thereof mailed to the Chairman of the Board of County Commissioners of each county, calling an election by the people of all State, District and other officers, created and made elective by this Constitution, and fixing a day for such election, which shall not be less than forty days after the date of such proclamation, nor more than ninety days after the admission of the Territory as a State.

Sec. 10. The Board of Commissioners of the several counties shall thereupon order such election for said day, and shall cause notice thereof to be given, in the manner and for the length of time provided by the laws of the Territory in cases of general elections for Delegate to Congress, and county and other offices. Every qualified elector of the Territory, at the date of said election, shall be entitled to vote thereat. Said election shall be conducted in all respects in the same manner as provided by the laws of the Territory for general elections, and the returns thereof shall be made to the canvassing board hereinafter provided for.

Sec. 11. The Governor, Secretary of the Territory and President of this Convention, or a majority of them, shall constitute a Board of Canvassers to canvass the vote at such election for member of Congress, all State and district officers and members of the Legislature. The said Board shall assemble at the seat of government of the Territory on the thirtieth day after the day of such election (or on the following day if such day fall on Sunday) and proceed to canvass the votes for all State and district officers and members of the Legislature, in the manner provided by the laws of the Territory for canvassing the vote for Delegate to Congress, and they shall issue certificates of election to the persons found to be elected to said offices severally, and shall make and file with the Secretary of the Territory an abstract certified by them, of the number of votes cast for each person for each of said offices, and of the total number of votes cast in each county.

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