SEC. peace and police magistrates in such cases a 23. Appeals shall lie from the fin as may be prescribed by law.

SEC. 24. The time of holding courts in rit shall be as prescribed by law, and the for attaching unorganized counties judicial purposes. or terri

SEC. 25. No judge of the supreme or dis or counsellor at law.

prosecutions shall be carried on in the name and by the authority of the State of Wyoming, and conclude "against the peace and dignity of the State of Wyoming."

SEC. 16. No duties shall be imposed by law upon the supreme court or any of the judges thereof, except such as are judicial, nor shall any of the judges thereof exercise any power of appointment except as herein provided.

SEC. 17. The judges of the supreme and district courts shall receive such compensation for their services as may be prescribed by law, which compensation shall not be increased or diminished during the term for which a judge shall have been elected, and the salary of a judge of the supreme or district court shall be as may be prescribed by law.

SEC. 18. Writs of error and appeals may be allowed from the decisions of the district courts to the supreme courts under such regulations as may he prescribed by law.

SEC. 19. Until otherwise provided by law, the state shall be divided into three judicial districts, in each of which there shall be elected at general elections, by the electors thereof, one judge of the district court therein, whose term shall be six (6) years from the first Monday in January succeeding his election and until his successor is duly qualified.

SEC. 20. Until otherwise provided by law, said judicial districts shall be constituted as follows:

District number one shall consist of the counties of Laramie, Converse and Crook.

District number two shall consist of the counties of Albany, Johnson and Sheridan.

District number three shall consist of the counties of Carbon, Sweetwater, Uinta and Fremont.

SEC. 21.

The legislature may from time to time increase the number of said judicial districts and the judges thereof, but such increase or change in the boundaries of the district shall not work the removal of any judge from his office during the term for which he may have been elected or appointed; provided the number of districts and district judges shall not exceed four until the taxable valuation of property in the state shall exceed one hundred million dollars ($100,000,000).

SEC. 22. The legislature shall provide by law for the election of justices of the peace in each organized county within the state. But the number of said justices to be elected in each organized county shall be limited by law to such number as shall be necessary for the proper administration of justice. The justices of the peace herein provided for shall have concurrent jurisdiction with the district court in all civil actions where the amount in controversy, exclusive of costs, does not exceed two hundred dollars, and they shall have such jurisdiction to hear and determine cases of misdemeanor as may be provided by law, but in no case shall said justices of the peace have jurisdiction when the boundaries of or title to real estate shall come into question.

SEC. 23. Appeals shall lie from the final decisions of justices of the peace and police magistrates in such cases and pursuant to such regulations as may be prescribed by law.

SEC. 24. The time of holding courts in the several counties of a district shall be as prescribed by law, and the legislature shall make provisions for attaching unorganized counties or territory to organized counties for judicial purposes.

SEC. 25. No judge of the supreme or district court shall act as attorney or counsellor at law.

SEC. 26. Until the legislature shall provide by law for fixing the terms of courts, the judges of the supreme court and district courts shall fix the terms thereof.

SEC. 27. No judge of the supreme or district court shall be elected or appointed to any other than judicial offices or be eligible thereto during the term for which he was elected or appointed such judge.

SEC. 28. Appeals from decisions of compulsory boards of arbitration shall

be allowed to the supreme court of the state, and the manner of taking such appeals shall be prescribed by law.2

ARTICLE VI.
SUFFRAGE.

SECTION 1. The rights of citizens of the state of Wyoming to vote and hold office shall not be denied or abridged on account of sex. Both male and female citizens of this state shall equally enjoy all civil, political and religious rights and privileges.

SEC. 2. Every citizen of the United States of the age of twenty-one years and upwards, who has resided in the state or territory one year and in the county wherein such residence is located sixty days next preceding any elec tion, shall be entitled to vote at such election, except as herein otherwise provided.

SEC. 3. Electors shall in all cases except treason, felony or breach of the peace, be privileged from arrest on the days of election during their attendance at elections, and going to and returning therefrom,

SEC. 4. No elector shall be obliged to perform militia duty on the day of election, except in time of war or public danger.

SEC. 5. No person shall be deemed a qualified elector of this state, unless such person be a citizen of the United States.

SEC. 6. All idiots, insane persons, and persons convicted of infamous crimes, unless restored to civil rights, are excluded from the elective franchise.

SEC. 7. No elector shall be deemed to have lost his residence in the state. by reason of absence on business of the United States, or of this state, or in the military or naval service of the United States.

SEC. 8. No soldier, seaman, or marine in the army or navy of the United States shall be deemed a resident of this state in consequence of being stationed therein.

SEC. 9. No person shall have the right to vote who shall not be able to read the constitution of this state. The provisions of this section shall not apply to any person prevented by physical disability from complying with its requirements.

SEC. 10. Nothing herein contained shall be construed to deprive any per son of the right to vote who has such right at the time of the adoption of this constitution, unless disqualified by the restrictions of section six of this article. After the expiration of five years from the time of the adoption of this constitution, none but citizens of the United States shall have the right to vote.

SEC. 11. All elections shall be by ballot. The legislature shall provide by law that the names of all candidates for the same office, to be vote! for at any election, shall be printed on the same ballot, at public expense. and on election day to be delivered to the voters within the polling place by sworn public officials, and only such ballots so delivered shall be received and counted. But no voter shall be deprived of the privilege of writing upon the ballot used the name of any other candidate. All voters shall be guaranteed absolute privacy in the preparation of their ballots, and the secre of the ballot shall be made compulsory.

SEC. 12. No person qualified to be an elector of the state of Wyoming shall be allowed to vote at any general or special election hereafter to be holden in the state, until he or she shall have registered as a voter accord ing to law, unless the failure to register is caused by sickness or absence, for which provision shall be made by law. The legislature of the state shall enact such laws as will carry into effect the provisions of this section, which

2 The revision committee of the constitution recommended that the sections entitled "Boards of Arbitration" and "Arbitration" which occur in Article XIX, entitled "M cellaneous," be transferred to this article (V), and be added thereto and numbered Sections 28 and 29, respectively, and that this section (28) be renumbered Section 38.

SEC. 5. All general elections for state a the house of representatives and the se and representatives to the congress of the the Tuesday following the first Monday in Now flections may be held as now, or as may he ate and county officers elected at a gener respective duties on the first Monday in Ja their election, or as soon thereafter as may SEC. 6. All officers, whose election is tin. shall be elected or appointed as may b

SEC. 7. No member of congress from exercising any office or appointment o States, shall at the same time hold or which a salary. fees or perquisites shall t law declare what offices are incompatible. SEC. S. Senators and representative officers shall. before entering upon the c and subscribe the following oath or aff affirm) that I will support. obey and States, and the constitution of this stat of my office with fidelity; that I have jeg or contribute, either directly or in thing. to procure my nomination necessary and proper expenses express knowingly, violated any election law by others in my behalf; that I will directly. any money performance of any act or duty perta or other valuab pensation allowed by law."

or

SEC. 9. The foregoing oath shall ized to administer oaths, and in the supreme court shall be tae case of other judicial and coun filed in the the county in which the same is t ath or affirmation shall forfeit his victed of having sworn or affirmation. shall be guilty of p

affirmed

In previous publications, the section from 13 to 1: this numbering, according at state in 1908, is erroneous, and the se here (99)

enactment shall be subject to amendment, but shall never be repealed; but this section shall not apply to the first election held under this constitution.

1537

ELECTIONS.3

SECTION 1. The legislature shall pass laws to secure the purity of elections, and guard against abuses of the elective franchise.

SEC. 2. The legislature shall, by general law, designate the courts by which the several classes of election contests not otherwise provided for. shall be tried, and regulate the manner of trial and all matters incidental thereto; but no such law shall apply to any contest arising out of an election held before its passage.

SEC. 3. No person except a qualified elector shall be elected or appointed to any civil or military office in the state.

SEC. 4. Every person holding any civil office under the state or any municipality therein shall, unless removed according to law, exercise the duties of such office until his successor is duly qualified, but this shall not apply to members of the legislature, nor to members of any board of assembly, two or more of whom are elected at the same time. law provide for suspending any officer in his functions, pending impeachment The legislature may by or prosecution for misconduct in office.

SEC. 5. All general elections for state and county officers, for members of the house of representatives and the senate of the state of Wyoming. and representatives to the congress of the United States, shall be held on the Tuesday following the first Monday in November of each even year. Special elections may be held as now, or as may hereafter be provided by law. state and county 'officers elected at a general election shall enter upon their respective duties on the first Monday in January next following the date of All their election, or as soon thereafter as may be possible.

SEC. 6. All officers, whose election is not provided for in this constitution. shall be elected or appointed as may be directed by law.

SEC. 7. No member of congress from this state, nor any person holding or exercising any office or appointment of trust or profit under the United States, shall at the same time hold or exercise any office in this state to which a salary, fees or perquisites shall be attached. law declare what offices are incompatible. The legislature may by

SEC. S. Senators and representatives and all judicial, state and county officers shall, before entering upon the duties of their respective offices, take and subscribe the following oath or affirmation: affirm) that I will support, obey and defend the constitution of the United "I do solemnly swear (or States, and the constitution of this state, and that I will discharge the duties of my office with fidelity; that I have not paid or contributed, or promised to pay or contribute. either directly or indirectly, any money or other valuable thing, to procure my nomination or election (or appointment) except for necessary and proper expenses expressly authorized by law; that I have not. knowingly, violated any election law of the state, or procured it to be done by others in my behalf; that I will not knowingly receive, directly or indirectly, any money or other valuable thing for the performance or performance of any act or duty pertaining to my office, other than the compensation allowed by law."

non

SEC. 9. The foregoing oath shall be administered by some person authorized to administer oaths, and in the case of state officers and judges of the supreme court shall be filed in the office of the secretary of state, and in the case of other judicial and county officers in the office of the clerk of the county in which the same is taken; any person refusing to take said oath or affirmation shall forfeit his office, and any person who shall be convicted of having sworn or affirmed falsely, or of having violated said oath or affirmation, shall be guilty of perjury, and be forever disqualified from

In previous publications, the sections under the heading "Elections" were numbered from 13 to 21: this numbering, according to a statement by Wm. R. Schnitger, secretary of state in 1908, is erroneous, and the sections should be numbered from 1 to 9, as given here.

(99)

holding any office of trust or profit within this state. The oath to members of the senate and house of representatives shall be administered by one of the judges of the supreme court or a justice of the peace, in the hall of the house to which the members shall be elected.

ARTICLE VII.

EDUCATION.

SECTION 1. The legislature shall provide for the establishment and maintenance of a complete and uniform system of public instruction, embracing free elementary schools of every needed kind and grade, a university with such technical and professional departments as the public good may require and the means of the state allow, and such other institutions as may be necessary.

SEC. 2. The following are declared to be perpetual funds for school purposes, of which the annual income only can be appropriated, to-wit: Such per centum as has been or may hereafter be granted by congress on the sale of lands in this state; all moneys arising from the sale or lease of sections number sixteen and thirty-six in each township in the state. and the lands selected or that may be selected in lieu thereof; the proceeds of all lands that have been or may hereafter be granted to this state. where by the terms and conditions of the grant, the same are not to be otherwise appropriated; the net proceeds of lands and other property and effects that may come to the state by escheat or forfeiture, or from unclaimed dividends or distributive shares of the estates of deceased persons; all moneys, stocks. bonds, lands and other property now belonging to the common school fund. SEC. 3. To the sources of revenue above mentioned shall be added all other grants, gifts and devises that have been or may hereafter be made to this state and not otherwise appropriated by the terms of the grant, gift er devise.

SEC. 4. All moneys, stocks, bonds, lands and other property belonging to a county school fund, except such moneys and property as may be provided by law for current use in aid of public schools, shall belong to and be securely invested and sacredly preserved in the several counties as a county publie school fund, the income of which shall be appropriated exclusively to the use and support of free public schools in the several counties of the state.

SEC. 5. All fines and penalties under general laws of the state shall belong to the public school fund of the respective counties and be paid over to the custodians of such funds for the current support of the public schools therein.

SEC. 6. All funds belonging to the state for public school purposes, the interest and income of which only are to be used, shall be deemed trust funds in the care of the state, which shall keep them for the exclusive benefit of the public schools, and shall make good any losses that may in any manner occur, so that the same shall remain forever inviolate and undiminished. None of such funds shall ever be invested or loaned except o the bonds issued by school districts, or county bonds of the state, or state securities of this state, or of the United States, or on first mortgages on farm lands or such other securities as may be authorized by law.

SEC. 7. The income arising from the funds mentioned in the preceding section, together with all the rents of the unsold school lands and such other means as the legislature may provide, shall be exclusively applied to the support of free schools in every county in the state.

SEC. S. Provision shall be made by general law for the equitable distri bution of such income among the several counties according to the number of children of school age in each; which several counties shall in like mas ner distribute the proportion of said fund by them received respectively to the several school districts embraced therein. But no appropriation shall

Amendment proposed by the legislature of 1915, ratified on Nov. 7. 1916, in force Dec. 22, 1916.

CONSTITU

he made from said fund to a not been maintained for at l any public school fund ever be or any school, academy, semin controlled by any church or se whatsoever.

SEC. 9. The legislature sh or otherwise, as with the incon create and maintain a thorough to the proper instruction of a of six and twenty-one years, fr so made, the legislature shall and mental ability shall atten six and eighteen years for a t by other means.

SEC. 10. In none of the shall distinction or discriminati SEC. 11. Neither the legisla tion shall have power to prescrib SEC. 12. No sectarian instru exacted, applied or in any mann character controlled by the stat religious service therein. nor shal or favored in any public school this constitution.

SEC. 13. The governor, secr tendent of public instruction shal which. under direction of the legi have direction, control, leasing an r which may be hereafter gra schools, subject to the further be at public auction, after such ress) in portions at proper inte 4not less than the minimum fix possible proceeds.5

SEC. 14. The general supervi to the state superintendent of I shall be prescribed by law.

SECTION 15. The establishme confirmed, and said institution, lared to be the University of th been heretofore granted or which the university as such, or in aid departments, with all other gra sity, or for any of its departm exclusively used for the purpose devised. The said lands may be issioners, but may not be sold or SEC. 16. The university shal irrespective of race or color; and, be as nearly free as possible. a its grants of lands and other SOU Port and maintenance in a conditi tion or otherwise, under provisio SEC. 17. The legislature sha The university, its lands and othe ing of not less than seven mem

TH

The revision committee recomme substance with Section 3, Article X