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CONSTITUTION OF WYOMING-1889.*
We, the people of the state of Wyoming, grateful to God for our civil. political and religious liberties, and desiring to secure them to ourselves and perpetuate them to our posterity, do ordain and establish this constitution.
DECLARATION OF RIGHTS.
SECTION 1. All power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety and happiness; for advancement of these ends they have at all times an inalienable and indefeasible right to alter, reform or abolish the government in such manner as they may think proper.
SEC. 2. In their inherent right to life, liberty and the pursuit of happiness, all members of the human race are equal.
SEC. 3. Since equality in the enjoyment of natural and civil rights is made sure only through political equality, the laws of this state affecting the political rights and privileges of its citizens shall be without distinction of race, color, sex, or any circumstance or condition whatsoever other than individual incompetency, or unworthiness duly ascertained by a court of competent jurisdiction.
SEC. 4. The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures shall not be violated, and no warrant shall issue but upon probable cause, supported by affidavit, particularly describing the place to be searched or the person of thing to be seized.
SEC. 5. No person shall be imprisoned for debt except in cases of fraud. SEC. 6. No person shall be deprived of life, liberty or property witheat due process of law.
SEC. 7. Absolute, arbitrary power over the lives, liberty and property of freemen exists nowhere in a republic, not even in the largest majority.
SEC. S. All courts shall be open and every person for an injury done to person, reputation or property shall have justice administered without sale. denial or delay. Suits may be brought against the state in such manner and in such courts as the legislature may by law direct.
SEC. 9. The right of trial by jury shall remain inviolate in criminal cases. but a jury in civil cases in all courts, or in criminal cases in courts not of record. may consist of less than twelve men, as may be prescribed by law. Hereafter a grand jury may consist of twelve men, any nine of whom concurring may find an indictment, but the legislature may change, regulate or abolish the grand jury system.
SEC. 10. In all criminal prosecutions the accused shall have the right to defend in person and by counsel, to demand the nature and cause of the accusation, to have a copy thereof, to be confronted with the witnesses against him, to have compulsory process served for obtaining witnesses, and to a speedy trial by an impartial jury of the county or district in which the offense is alleged to have been committed.
SEC. 11. No person shall be compelled to testify against himself in any criminal case, nor shall any person be twice put in jeopardy for the site offense. If the jury disagree, or if the judgment be arrested after a verdict, or if the judgment be reversed for error in law, the accused shall not e deemed to have been in jeopardy.
* The constitution of Wyoming was drafted by a convention which assembled at Cheyenne on Sept. 2, and adjourned on Sept. 30, 1889. It was submitted to the people on Nov. 5, 1889, and ratified. The state was admitted to the Union on July 10, 1849.
SEC. 12. No person shall be cution longer than may be necess: be confined in any room where c SEC. 13. Until otherwise prov be proceeded against criminally, cases arising in the land or nava service in time of war or public d SEC. 14. All persons shall be capital offenses when the proof is e bail shall not be required, nor exce lawful punishment be inflicted.
SEC. 15. The penal code shall formation and prevention.
SEC. 16. No person arrested and necessary rigor. The erection of san f prisons, and the humane treatmen SEC. 17. The privilege of the wr. unless, when in case of rebellion or i SEC. 18. The free exercise and e ship without discrimination or prefer state, and no person shall be rendere or profit, or to serve as a witness or ter of religious belief whatever; but -hall not be so construed as to excus tices inconsistent with the peace or sz SEC. 19. No money of the state sh etarian or religious society or instit SEC. 20. Every person may freely jeets, being responsible for the abuse both civil and criminal, the truth, wh justifiable ends, shall be a sufficient determine the facts and the law, unde SEC. 21. The right of petition, an to consult for the common good, and never be denied or abridged.
SEC. 22. The rights of labor shall enlated to secure to the laborer proper r the industrial welfare of the state.
SEC. 23. The right of citizens to op practical recognition. The legislature agencies calculated to advance the scien SEC. 24. The right of citizens to bez of the state shall not be denied. SEC. 25. The military shall ever be jower. No soldier in time of peace shal consent of the owner, nor in time of war law.
SEC. 26. Treason against the state sha it, or in adhering to its enemies, or in giv son shall be convicted to the same overt act, or on confession in treason unless be attainted of treason by the legislature. SEC. 27. Elections shall be open, free military, shall at any time interfere to p the right of suffrage.
SEC. 28. No tax shall be imposed wit their authorized representatives. All taxatic SEC. 29. No distinction shall ever be ma and citizens as to the possession, taxation, e SEC. 30. Perpetuities and monopolies are state, and shall not be allowed. Corporati
CONSTITUTION OF WYOMING
person shall be detained as a witness in any criminal prose
may be necessary to take his testimony or deposition, nor y room where criminals are imprisoned.
l otherwise provided by law, no person shall, for a felony, inst criminally, otherwise than by indictment, except in the land or naval forces, or in the militia when in actual of war or public danger.
1 persons shall be bailable by sufficient sureties, except for when the proof is evident or the presumption great. Excessive e required, nor excessive fines imposed, nor shall cruel or unent be inflicted.
The penal code shall be framed on the humane principles of re- prevention.
No person arrested and confined in jail shall be treated with unor. The erection of safe and comfortable prisons, and inspection nd the humane treatment of prisoners shall be provided for. The privilege of the writ of habeas corpus shall not be suspended à in case of rebellion or invasion, the public safety may require it. The free exercise and enjoyment of religious profession and wornt discrimination or preference shall be forever guaranteed in this no person shall be rendered incompetent to hold any office of trust or to serve as a witness or juror, because of his opinion on any matigious belief whatever; but the liberty of conscience hereby secured be so construed as to excuse acts of licentiousness or justify pracnsistent with the peace or safety of the state.
19. No money of the state shall ever be given or appropriated to any nor religious society or institution.
. 20. Every person may freely speak, write and publish on all subbeing responsible for the abuse of that right; and in trials for libel, ivil and criminal, the truth, when published with good intent and for ble ends, shall be a sufficient defense, the jury having the right to mine the facts and the law, under direction of the court. EC. 21. The right of petition, and of the people peaceably to assemble nsult for the common good, and to make known their opinions, shall r be denied or abridged.
SEC. 22. The rights of labor shall have just protection through laws, calted to secure to the laborer proper rewards for his service and to promote industrial welfare of the state.
SEC. 23. The right of citizens to opportunities for education should have actical recognition. The legislature shall suitably encourage means and gencies calculated to advance the sciences and liberal arts.
SEC. 24. The right of citizens to bear arms in defense of themselves and of the state shall not be denied.
SEC. 25. The military shall ever be in strict subordination to the civil power. No soldier in time of peace shall be quartered in any house without consent of the owner, nor in time of war except in the manner prescribed by law.
SEC. 26. Treason against the state shall consist only in levying war against it, or in adhering to its enemies, or in giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court; nor shall any person be attainted of treason by the legislature.
SEC. 27. Elections shall be open, free and equal, and no power, civil or military, shall at any time interfere to prevent an untrammeled exercise of the right of suffrage.
SEC. 28. No tax shall be imposed without the consent of the people or their authorized representatives. All taxation shall be equal and uniform.
SEC. 29. No distinction shall ever be made by law between resident aliens and citizens as to the possession, taxation, enjoyment and descent of property.
SEC. 30. Perpetuities and monopolies are contrary to the genius of a free state, and shall not be allowed. Corporations being creatures of the state,
THE STATE CONSTITUTIONS
endowed for the public good with a portion of its sovereign powers, must be subject to its control.
SEC. 31. Water being essential to industrial prosperity, of limited amount. and easy of diversion from its natural channels, its control must be in the state, which, in providing for its use, shall equally guard all the various interests involved.
SEC. 32. Private property shall not be taken for private use unless by consent of the owner, except for private ways of necessity, and for reser voirs, drains, flumes, or ditches on or across the lands of others for agricultural, mining, milling, domestic or sanitary purposes, nor in any case without due compensation.
SEC. 33. Private property shall not be taken or damaged for public or private use without just compensation.
SEC. 34. All laws of a general nature shall have a uniform operation. SEC. 35. No ex post facto law, nor any law impairing the obligation of contracts, shall ever be made.
SEC. 36. The enumeration in this constitution, of certain rights shall not be construed to deny, impair, or disparage others retained by the people.
SEC. 37. The state of Wyoming is an inseparable part of the Federal Union, and the constitution of the United States is the supreme law of the land.
DISTRIBUTION OF POWERS.
SECTION 1. The powers of the government of this state are divided into three distinct departments: the legislative, executive and judicial, and no person or collection of persons charged with the exercise of powers properly belonging to one of these departments shall exercise any powers properly be longing to either of the others, except as in this constitution expressly directed or permitted.
SECTION 1. The legislative power shall be vested in a senate and hous of representatives, which shall be designated "The Legislature of the State of Wyoming."
SEC. 2. Senators shall be elected for the term of four (4) years and re resentatives for the term of two (2) years. The senators elected at the fir election shall be divided by lot into two classes as nearly equal as may be The seats of senators of the first class shall be vacated at the expiration of the first two years, and of the second class at the expiration of four years No person shall be a senator who has not attained the age of twenty-five years, or a representative who has not attained the age of twenty-one years, and who is not a citizen of the United States and of this state and who has not, fe at least twelve months next preceding his election resided within the county of district in which he was elected.
SEC. 3. Each county shall constitute a senatorial and representative dis trict; the senate and house of representatives shall be composed of members elected by the legal voters of the counties respectively, every two (2) years They shall be apportioned among the said counties as nearly as may be se cording to the number of their inhabitants. Each county shall have at least one senator and one representative; but at no time shall the number of menbers of the house of representatives be less than twice nor greater than three times the number of members of the senate. The senate and house of repre sentatives first elected in pursuance of this constitution shall consist of sixteen and thirty-three members respectively.
SEC. 4. When vacancies occur in either house by death, resignation or otherwise, such 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.
1 See Note No. 7.
Jon Hale bee es
Members elected on the day prov congress, and their term thereafter.
SEC. 6. Each memb rvices, shall receive fiv for each mile traveled in to his residence by the pensation, perquisite or all the first, which may be Session the compensation vided by law; but no legi SEC. 7. The legislatur o'clock, noon, on the secone election provided by law, a of January of each alterna vened by the governor.
SEC. S. No senator or I was elected. be appointed to of congress or other person r an office in the militia) member of either house dur SEC. 9. No member of ei was elected. receive any incre during that term.
SEC. 10. The senate shal session and at such other tim hers president: the house of Speaker: each house shall choos tion returns and qualifications or SEC. 11. A majority of eac Bess, but a smaller number ma attendance of absent members each house may prescribe.
SEC. 12. Each house shall b ceedings, and to punish its membe behavior in its presence; to prote bribes or private solicitation, and a member, and shall have all oth free state. A member expelled fo to either house of the legislature. behavior shall not bar a criminal SEC. 13. Each house shall ke in its discretion, from time to tim require secrecy, and the yeas and r of two members, be entered on the SEC. 14. The sessions of each shall be open unless the business is SEC. 15. Neither house shall, wit more than three days, nor to any c houses shall be sitting.
SEC. 16. The members of the legi. felony, violation of their oath of office from arrest during their attendance an and in going to and returning from th in either house they shall not be quest SEC. 17. The sole power impeac
sentatives; the concurrence of a major to the exercise thereof. Impeachment for that purpose, and the senators sha justice according to law and evidence.
SEC. 5. Members of the senate and house of representatives shall be ted on the day provided by law for the general election of a member of gress, and their term of office shall begin on the first Monday in January reafter.
SEC. 6. Each member of the first legislature, as a compensation for his vices, shall receive five dollars for each day's attendance, and fifteen cents each mile traveled in going to and returning from the seat of government his residence by the usual traveled route, and shall receive no other comisation, perquisite or allowance whatever. No session of the legislature after
first, which may be sixty days, shall exceed forty days. After the first sion the compensation of the members of the legislature shall be as proed by law; but no legislature shall fix its own compensation.
SEC. 7. The legislature shall meet at the seat of government at twelve lock, noon, on the second Tuesday of January, next succeeding the general ction provided by law, and at twelve o'clock, noon, on the second Tuesday January of each alternate year thereafter, and at other times when con hed by the governor.
SEC. S. No senator or representative shall, during the term for which he is elected, be appointed to any civil office under the state, and no member congress or other person holding an office (except that of notary public an office in the militia) under the United States or this state, shall be member of either house during his continuance in office.
SEC. 9. No member of either house shall, during the term for which he is elected, receive any increase of salary or mileage under any law passed ring that term.
SEC. 10. The senate shall, at the beginning and close of each regular ssion and at such other times as may be necessary, elect one of its memrs president: the house of representatives shall elect one of its members eaker; each house shall choose its own officers, and shall judge of the elec on returns and qualifications of its members.
SEC. 11. A majority of each house shall constitute a quorum to do busiess, but a smaller number may adjourn from day to day, and compel the tendance of absent members in such manner and under such penalties as ch house may prescribe.
SEC. 12. Each house shall have power to determine the rules of its proedings, and to punish its members or other persons for contempt or disorderly havior in its presence; to protect its members against violence or offers of ribes or private solicitation, and with the concurrence of two-thirds, to expel member, and shall have all other powers necessary to the legislature of a -ee state. A member expelled for corruption shall not thereafter be eligible o either house of the legislature, and punishment for contempt or disorderly ehavior shall not bar a criminal prosecution for the same offense.
SEC. 13. Each house shall keep a journal of its proceedings and may. hits discretion. from time to time, publish the same, except such parts as equire secrecy, and the yeas and nays on any question shall, at the request f two members, be entered on the journal.
SEC. 14. The sessions of each house and of the committee of the whole hall 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 ouses shall be sitting.
SEC. 16. The members of the legislature shall, in all cases, except treason, elony, 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 n 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 (5) 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 for 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 is embraced in any act which is not 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 elected to each house, nor unless on its final passage the vote 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 charters 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; giving effect to any informal or invalid deeds; sume moning or impaneling grand or petit juries; provided 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 sile or mortgage of real estate belonging to minors or others under disability: chartering or licensing ferries or bridges or toll roads; chartering banks. insurance companie and loan and trust companies; remitting fines, penalties or forfeitures; creating, increasing, or decreasing fees, percentages or allow ances of public officers; changing the law of descent; granting to any or poration, association or individual, the right to lay down railroad tracks, or any special or exclusive privilege, immunity or franchise whatever, or amend ing existing charter for such purpose; for 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 part, the in