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by reason of the negligence of such person, company or corporation, or the agents or employes thereof, and such contracts shall be absolutely null and void.
ARBITRATION. PROVISION FOR.
Section 1. The legislature may provide by law for the voluntary submission of differences to arbitrators for determination, and said arbitrators shall have such powers and duties as may be prescribed by law, but they shall have no power to render judgment to be obligatory on parties, unless they voluntarily submit their matters of difference and agree to abide by the judgment of such arbitrators.
HOMESTEADS. EXEMPTION OF.
Section 1. A homestead as provided by law shall be exempt from forced sale under any process of law, and shall not alienated without the joint consent of husband and wife, when that relation exists; but no property shall be exempt from sale for taxes, or for the payment of obligations contracted for the purchase of said premises, or for the erection of improvements thereon.
Section 1. Any amendment or amendments to this constitution may be proposed in either branch of the legislature, and, if the same shall be agreed to by two-thirds of all the members of each of the two houses, voting separately, such proposed amendment or amendments shall, with the yeas and nays thereon, be entered on their journals, and it shall be the duty of the legislature to submit such amendment or amendments to the electors of the state at the next general election, and cause the same to be published without delay for at least twelve (12) consecutive weeks, prior to said election, in at least one newspaper of general circulation, published in each county, and if a majority of the electors shall ratify the same, such amendment or amendments shall become a part of this constitution. HOW VOTED FOR.
Sec. 2. If two or more amendments are proposed, they shall be submitted in such manner that the electors shall vote for or against each of them separately. CONSTITUTIONAL CONVENTION-PROVISION FOR.
Sec. 3. Whenever two-thirds of the members elected to each branch of the legislature shall deem it necessary to call a convention to revise or amend this constitution, they shall recommend to the electors to vote at the next general election for or against a convention, and if a majority of all the electors voting at such election shall have voted for a convention, the legislature shall at the next session provide by law for calling the same; and such convention shall consist of a number of members, not less than double that of the most numerous branch of the legislature. 42
Sec. 4. Any constitution adopted by such convention shall have no validity until it has been submitted to and adopted by the people.
ACQUIRED RIGHTS CONTINUE.
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 whatever 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. TERRITORIAL PROPERTY GOES TO STATE.
Sec. 2. All property, real and personal, and all moneys, credits, claims and choses in action, belonging to the territory of Wyoming, at the time of the adoption of this constitution, shall be vested in and become the property of the state of Wyoming. TERRITORIAL LAWS BECOME STATE LAWS.
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. Kingen vs. Kelley, 3 Wyo. 566.
State ex rel Bennett vs. Barber, 4 Wyo. Board Commissioners vs. Young, 3 Wyo.
Commissioners vs. Perkins, 5 Wyo. 170
ACCRUED FINES GO TO STATE.
Sec. 4. All fines, penalties, forfeitures and escheats, accruing to ina territory of Wyoming, shall accrue to the use of the state. STATE TO SUE ON BONDS AND PROSECUTE CRIMES.
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.
Board Commissioners vs. Young, 3 Wyo. 684.
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.
In re Moore, 4 Wyo. 106.
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 November, A. D. 1889. Said election, as nearly as may be, 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 of said territory, who with the governor and chief justice thereof, or any two or them, shall canvass the same, and if a majority of the legal votes cast sliall 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. CONSTITUTION TAKES EFFECT-WHEN.
Sec. 8. This constitution shall take effect and be in full force immediately upon the admission of the territory as a state. FIRST STATE ELECTION-WHEN.
Sec. 9. Immediately upon the admission of the territory as a state, the governor of the territory, r 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 for 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. WHO MAY VOTE-DUTY COMMISSIONERS.
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 officers. 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. STATE CANVASSING BOARD.
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 of 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. OFFICERS SHALL QUALIFY-WHEN.
Sec. 12. All officers elected at such election, except members of the legislature shall, within thirty days after they have been declared elected, take the oath required by this constitution, and give the same bond required by the law of the territory or district, and shall thereupon enter upon the duties of their respective offices; but the legislature may require by law all such officers to give other or further bonds as a condition of their continuance in office. FIRST STATE LEGISLATURE.
Sec. 13. The governor elect of the state, immediately upon his qualifying and entering upon the duties of his office, shall issue his proclamation convening the legislature of the state at the seat of government, on a day to be named in said proclamation, and which shall not be less than thirty nor more than sixty days after the date of such proclamation. Within ten days after the organization of the legislature, both houses of the legislature, in joint session, shall then and there proceed to elect, as provided by law, two senators of the United States for the state of Wyoming. At said election the two persons who shall receive the majority of all the votes cast by said senators and representatives shall be elected as such United States senators, and shall be so declared by the presiding officers of said joint session. The presiding officers of the senate and house shall issue a certificate to each of said senators certifying his election, which certificates shall also be signed by the governor and attested by the secretary of state. LAWS TO BE PASSED.
Sec. 14. The legislature shall pass all necessary laws to carry into effect the provisions of this constitution. COURTS-TRANSFER OF.
Sec. 15. Whenever any two of the judges of the supreme court of the state, elected under the provisions of this constitution, shall have qualified in their offices, the causes then pending in the supreme court of the territory, and the papers, records and proceedings of said court, and the seal and other property pertaining thereto, shall pass into the jurisdiction and possession of the supreme court of the state; and until so superseded the supreme court of the territory and the judges thereof shall continue with like powers and jurisdiction, as if this constitution had not been adopted. Whenever the judge of the district court of any district, elected under the provisions of this constitution, shall have qualified in office, the several causes then pending in the district court of the territory, within any county in such district, and the records, papers and pro
ceedings of said district court and the seal and other property pertaining thereto, shall pass into the jurisdiction and possession of the district court of the state for such county; and until the district courts of this territory shall be superseded in the manner aforesaid, the said district courts and the judges thereof shall continue with the same jurisdiction and power to be exercised in the same judicial districts respectively as heretofore "onstituted under the laws of the territory. COURT SEALS.
Sec. 16. Until otherwise provided by law the seals now in use in the supreme and district courts of this territory are hereby declared to be the seals of the supreme and district courts, respectively, of the state. PROBATE COURTS—CHANGE IN.
Sec. 17. Whenever this constitution shall go into effect, records and papers and proceedings of the probate court in each county, and all causes and matetrs of administration and other matters pending therein, shall pass into the jurisdiction and possession of the district court of the same county, and the said district court shall proceed to final decree or judgment order or other determination in the said several matters and causes, as the said probate court might have done if this constitution had not been adopted.
Ex parte Bergman, 3 Wyo. 396. LEGISLATURE-HOW CHOSEN.
Sec. 18. Senators and members of the house of representatives shall be chosen by the qualified electors of the several senatorial and representative districts as established in this constitution, until such districts shall be changed by law, and thereafter by the qualified electors of the several districts as the same shall be established by law. TERRITORIAL OFFICERS-END OF TERM.
Sec. 19. All county and precinct officers who may be in office at the time of the adoption of this constitution, shall hold their respective of fices for the full time for which they may have been elected, and until such time as their successors may be elected and qualified, as may be provided by law, and the official bonds of all such officers shall continue in full force and effect as though this constitution had not been adopted.
Ex parte Bergman, 3 Wyo. 396. TERMS OF STATE OFFICERS.
Sec. 20. Members of the legislature and all state officers, district and supreme judges elected at the first election held under this constitution shall hold their respective offices for the full term next ensuing such election, in addition to the period intervening between the date of their qualification and the commencement of such full term. FIRST SESSION OF LEGISLATURE-WHEN.
Sec. 21. If the first session of the legislature under this constitution shall be concluded within twelve months of the time designated for a regular session thereof, then the next regular session following said special session shall be omitted. FIRST STATE ELECTION-WHEN.
Sec. 22. The first regular election that would otherwise occur following the first session of the legislature, shall be omitted, and all county and precinct officers elected at the first election held under this constitu