in jeopardy for the same 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 be deemed to have been in jeopardy.

Detaining Witnesses.

Sec. 12. No person shall be detained as a witness in any criminal prosecution longer than may be necessary to take his testimony or deposition, nor be confined in any room where criminals are imprisoned.

Indictment-Criminal Proceedings.

Sec. 13. Until otherwise provided by law, no person shall, for a felony, be proceeded against criminally, otherwise than by indictment, except in cases arising in the land or naval forces, or in the militia when in actual service in time of war or public danger.

In re Wright, 3 Wyo., 478.

In re Boulter, 5 Wyo., 334-338.

Bail-Not Excessive.

Sec. 14. All persons shall be bailable by sufficient sureties, except for capital offenses when the proof is evident or the presumption great. Excessive bail shall not be required, nor excessive fines imposed, nor shall cruel or unlawful punishment be inflicted.

In re McDonald, 4 Wyo., 150.

State vs. Board Commissioners Laramie Co., 55 Pac. Rep., 451.

In re Boulter, 5 Wyo., 264.

State vs. Crocker, 5 Wyo., 401.

Penal Code-Humane.

Sec. 15. The penal code shall be framed on the humane principles of reformation and prevention.

State vs. Board Commissioners Laramie Co., 55 Pac. Rep., 451.

Jails-Conduct of.

Sec. 16. No person arrested and confined in jail shall be treated with unnecessary rigor. The erection of safe and comfortable prisons, and inspection of prisons, and the humane treatment of prisoners shall be provided for.

State vs. Board Commissioners Laramie Co., 55 Pac. Rep., 451.

Habeas Corpus.

Sec. 17. The privilege of the writ of habeas corpus shall not be suspended unless, when in case of rebellion or invasion, the public safety may require it.

Religious Liberty.

Sec. 18. The free exercise and enjoyment of religious profession and worship without discrimination or preference shall be forever guaranteed in this state, and no person shall be

rendered incompetent to hold any office of trust or profit, or to serve as a witness or juror, because of his opinion on any matter of religious belief whatever; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness or justify practices inconsistent with the peace or safety of the state.

Appropriations for Religion Prohibited.

Sec. 19. No money of the state shall ever be given or appropriated to any sectarian or religious society or institution. Free Speech-Libel.

Sec. 20. Every person may freely speak, write and publish on all subjects, being responsible for the abuse of that right; and in trials for libel, both civil and criminal, the truth, when published with good intent and for justifiable ends, shall be a sufficient defense, the jury having the right to determine the facts and the law, under direction of the court.

Petition-Right of.

Sec. 21. The right of petition, and of the people peaceably to assemble to consult for the common good, and to make known their opinions, shall never be denied or abridged.

Labor-Protection of.

Sec. 22. The rights of labor shall have just protection through laws calculated to secure to the laborer proper rewards for his service and to promote the industrial welfare of the state.

Education.

Sec. 23. The right of citizens to opportunities for education should have practical recognition. The legislature shall suitably encourage means and agencies calculated to advance the sciences and liberal arts.

Right to Bear Arms.

Sec. 24. The right of citizens to bear arms in defense of themselves and of the state shall not be denied.

Civil and Military Power.

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.

Treason.

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.

Elections-No Interference With.

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.

Tax-Consent to.

Sec. 28. No tax shall be imposed without the consent of the people or their authorized representatives. All taxation. shall be equal and uniform.

Kelley vs. Rhoads, 51 Pac. Rep., 593.

Aliens' Rights.

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.

Monopolies and Perpetuities Prohibited.

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, endowed for the public good with a portion of its sovereign powers, must be subject to its control.

Water-Control of.

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.

Eminent Domain.

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 reservoirs, 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.

Compensation for Property Taken.

Sec. 33. Private property shall not be taken or damaged for public or private use without just compensation.

General Law-Operation of.

Sec. 34. All laws of a general nature shall have a uniform operation.

Ex Post Facto Law.

Sec. 35. No ex post facto law, nor any law impairing the obligation of contracts, shall ever be made.

In re Wright, 3 Wyo., 478.

Rights Not Enumerated-Saved.

Sec. 36. The enumeration in this constitution, of certain rights shall not be construed to deny, impair, or disparage others retained by the people.

Supreme Law-What Is.

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.

ARTICLE II.

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 department shall exercise any powers properly belonging to either of the others, except as in this constitution expressly directed or permitted.

State ex rel. Jeffrey vs. Burdick, 3 Wyo., 588.

ARTICLE III.

LEGISLATIVE DEPARTMENT.

Name of Legislature.

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."

Senators' Terms and Qualifications.

Sec. 2. Senators shall be elected for the term of four (4) years and representatives for the term of two (2) years. The senators elected at the first 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, for at

least twelve months next preceding his election resided within the county or district in which he was elected.

State ex rel. Bennett vs. Barber, 4 Wyo., 95.

Legislative Apportionment.

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 (2) years. They shall be apportioned among the said counties as nearly as may be according 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 members 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 representatives first elected in pursuance of this constitution shall consist of sixteen and thirty-three members respectively. Vacancies-How Filled.

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.

Members Elected-When.

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, and their term of office shall begin on the first Monday in January thereafter.

Compensation-Session.

Sec. 6. Each member of the first legislature, as a compensation for his services, 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 usual traveled route, and shall receive no other compensation, perquisite or allowance whatever. No session of the legislature after the first, which may be sixty days, shall exceed forty days. After the first session the compensation of the members of the legislature shall be as provided by law; but no legislature shall fix its own compensation.

Board Commissioners of Converse Co. vs. Burnes, 3 Wyo., 691.

Meet-When and Where.

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.