the second Monday of January, as provided in section one hundred and sixty-six, and in case there shall be any vacancy in the office of an elector, occasioned by the death, refusal to act, neglect to attend by the hour of twelve o'clock noon of said day, or on account of any two of the persons voted for as electors having received an equal and the same number of votes, or on account of the ineligibility of any person elected, or from any cause, the qualified electors present shall proceed to fill such vacancy by ballot and plurality of votes, and the said electors so present shall immediately issue a certificate of election signed by those present, or a majority of them, to the person so chosen. In case of a failure to elect by the said electors by noon of the Monday next following, the governor shall fill the vacancy by appointment. WHEN SHALL PROCEED TO VOTE. [S. L. 1890-91, Ch. 63, Sec. 3.] Sec. 168. The college of electors being full, shall meet at the office of the secretary of state at the capital at noon of the said second Monday of January, and shall proceed to the election and performance of their duties in conformity with the constitution and laws of the United States of America. COMPENSATION. [S. L. 1890-91, Ch. 63, Sec. 4.] Sec. 169. The said electors shall each receive a compensation of five dollars for each day's attendance, and the same mileage as is provided for members of the legislature of this state, and the amount of such attendance and mileage shall be presented, audited and paid in the same manner as other claims against the state, out of any funds in the state treasury, not otherwise appropriated. [S. L. 1890-91, Ch. 63, Sec. 5.] ELECTION OF OFFICERS ON ORGANIZATION OF NEW COUNTY. Sec. 1008. At the next general election held in the state, after the appointment of such commissioners, an election shall be held in such county in the same manner as if such county were organized. In addition to voting for a member of congress and such state and district officers, as may be provided for by law, the electors of such county shall at such election elect the members of the senate and house of representatives of the state to which such county is entitled; and also the county and precinct officers provided for by law; and at the same time they shall choose a county seat for such county in the same manner in which county officers are elected. TERMS OF COUNTY COMMMISSOINERS. [S. L. 1895, Ch. 59, Sec. 6.] Sec. 1056. The board of county commissioners of each county shall consist of three qualified electors who shall hereafter be elected in the manner following: At the general election to be held in November, 1900, there shall be elected in each organized county two commissioners for a term of two years and one commissioner for a term of four years, the persons so selected to constitute said board, and thereafter at each general election there shall be elected in each organized county, one commissioner for a term of two years and one commissioner for a term of four years. Each person elected as such commissioner shall, on or before the first Monday in January succeeding his election, if elected, and immediately upon being appointed to fill a vacancy in the board of county commissioners, take and subscribe the same oath of office which is required of other county officers, and also shall give a bond to the state of Wyoming in the sum of one thousand dollars, which shall be approved by the judge of the judicial district. Each member of the board shall take and subscribe the same oath as that of other county officers, and shall give a bond to the state of Wyoming in the sum of one thousand dollars, which bond shall be approved by the treasurer of said county. Any two of such board shall constitute a quorum and shall be competent to act; Provided, That in counties of the fourth class, if it shall be so decided by a majority of the voters of the county, at any general election, there shall be two county commissioners elected, one for the term of four years and one for the term of two years, and at each general election thereafter, one commissioner for a term of four years. And such two members so elected, together with the county clerk as member ex-officio, shall constitute the board of county commissioners of said county. And the commissioners in such counties of the fourth class shall subscribe to the same oath, and give bond in the same amount as is required of other county commissioners, said bonds to be approved by the treasurer of said county. The county commissioners in any fourth class county shall, upon petition of twenty-five, or more, voters and taxpayers of such county, submit the question as to the number of commissioners to be elected in their county, to the voters of said county, at any general election. ELECTION OF ASSESSOR. [S. L. 1890-91, Ch. 57, Sec. 1; S. L. 1899, Ch. 11.] Sec. 1161. The county assessor provided for in this chapter shall be elected at the general election, to be held in the year 1900, and at each general election thereafter at the same time and in the same manner as other county officers are elected. The board of county commissioners of each county shall, at its meeting in March or April, 1899, appoint a county assessor, for the year 1899, who shall make the assessment for the year 1899, under the provisions of this chapter. The board of county commissioners of each county shall, at its meeting in January, 1900, appoint a county assessor for the year 1900, who shall make the assessment for the year 1900, under the provisions of this chapter. TIE VOTE IN CITY ELECTION-HOW DECIDED. [S. L. 1899, Ch. 65, Sec. 5.] Sec. 1681. When a tie shall occur in the election of any city officer, the county clerk shall certify that fact to the city council, and such council shall, by order or resolution, entered of record, declare which of the persons receiving the same and equal number of votes at such election, shall be elected, and thereupon the person declared elected shall be entitled to hold the office for the full term thereof. [S. L. 1897, Ch. 28, Sec. 9.] SALOONS SHALL BE CLOSED ON SUNDAY AND ELECTION DAY. Sec. 2643. Every person or persons, company or corporation, having license to sell liquors under the laws of Wyoming, who shall keep open, or suffer his or their agent or employe to keep open, his or their place of business, or who shall sell, give away or dispose of or permit another to sell, give away or dispose of, on his or their premises, any spirituous, malt, vinous or fermented liquors, or any mixtures of any such liquors, on the first day of the week, commonly called Sunday, or upon any day upon which any general or special election is being held, shall be guilty of a misdemeanor, and upon conviction, shall be fined in any sum not less than twenty-five dollars, or more than one hundred dollars, or imprisoned in the county jail not to exceed three months. [S. L. 1888, Ch. 86, Sec. 1.] CONSTITUTIONAL AMENDMENTS-OFFICIAL BALLOTS-HOW PREPARED. Sec. 2704. Each county clerk when preparing the official ballot for an election, shall include as a part of such ballot the submission to the people of every constitutional amendment, a copy of which has been transmitted to him by the secretary of state for that purpose; the language of such submission on such ballot shall be substantially as follows: Vote for one. . Yes.... .No... Constitutional amendment, number. Such language of submission with the appropriate change of number shall be repeated as many times as there are constitutional amendments to be submitted. [S. L. 1895, Ch. 49, Sec. 6.] RESULT OF ELECTION AS TO AMENDMENTS-HOW DETERMINED. Sec. 2705. The result of every such election, with reference to such proposed amendments, shall be determined in all respects in the same manner as results are now, or may be hereafter, determined, according to law for state officers. [S. L. 1895, Ch. 49, Sec. 7.] SESSION LAWS OF 1901. CHAPTER 26. House Bill No. 26. LOCATION OF PUBLIC INSTITUTIONS. AN ACT to provide for submitting to the qualified electors of the state, at the general election to be held in November, A. D. Nineteen Hundred and Four, the question of the permanent locations, respectively, of the seat of government, the state university, the insane asylum, and the state penitentiary. Be it Enacted by the Legislature of the State of Wyoming: QUESTION SUBMITTED-WHEN. Section 1. The question of the permanent locations, respectively, of the seat of government, the state university, the insane asylum, and the state penitentiary, shall be submitted to, and determined by, the qualified electors of the state at the general election to be held on the Tuesday next after the first Monday in November in the year nineteen hundred and four. ALL CITIES ELIGIBLE. Sec. 2. The seat of government, the state university, the insane asylum and the state penitentiary shall be known as public institutions. Every city, town and village in the state shall be eligible as a place for the permanent location, under this act, of any one or more of the aforesaid public institutions. NOMINATIONS. Sec. 3. Any city, town or village may be nominated as a candidate for the place of the permanent location of any one or more of said public institutions in the manner provided by law for the nomination by petition of candidates for public offices to be filled by the electors of the entire state; and a certificate of such nomination shall be filed with the secretary of state in the manner and at the time provided by law for certificates of nomination by petition of candidates for offices to be filled by the electors of the entire state, at the regular election to be held in November, A. D. nineteen hundred and four. DUTY SECRETARY OF STATE. Sec. 4. The secretary of state shall certify to the county clerk of each county at the time and in the manner required in the case of candidates for offices to be filled by the electors of the entire state at the regular election to be held in November, nineteen hundred and four, separate lists of all cities, towns and villages nominated as candidates for the place of the permanent location of each of the said public institutions. BALLOTS-HOW PRINTED. Sec. 5. The county clerk of each county shall cause to be printed in the usual ballots provided for the county elections in November, nineteen hundred and four, in a column or columns, separate from those containing the names of the candidates for offices, and in the manner provided for printing the names of candidates for offices, except as herein otherwise provided, the names of the cities, towns and villages nominated as candidates for places of permanent location of said public institutions. He shall cause to be printed at the head of the list of candidates for the place of the permanent location of the seat of government, the words: "For the place of the permanent location of the state capital or seat of government;" and immediately under the said words on said ballot, the names, arranged in alphabetical order, of all cities, towns and villages certified by the secretary of state as candidates for the place of the permanent location of the seat of government; and shall also cause to be printed on said ballot, oposite the names of the candidates last aforesaid, the words: "Vote for one." He shall cause to oe printed at the head of the list of candidates for the place of the permanent location of the state university, the words: "For the place of the permanent location of the state university;" and immediately under the said words on said ballot, the names, arranged in alphabetical order, of all the cities, towns and villages certified by the secretary of state as candidates for the place of the permanent location of the state university; and shall also cause to be printed on said ballot, opposite the names of the candidates last aforesaid, the words: "Vote for one." He shall cause to be printed at the head of the list of candidates for the place of the permanent location of the insane asylum, the words: "For the place of the permanent location of the insane asylum;" and immediately under the said words on said ballot, the names, arranged in alphabetical order, of all the cities, towns and villages certified by the secretary of state as candidates for the place of the permanent location of the insane asylum; and shall also cause to be printed on said ballot opposite the names of the candidates last aforesaid, the words: "Vote for one." He shall cause to be printed at the head of the list of candidates for the place of the permanent location of the penitentiary, the words: "For the place of the permanent location of the penitentiary;" and immediately under the words on said ballots, the names, arranged in alphabetical order, of all the cities, towns and villages certified by the secretary of state as candidates for the place of the permanent location of the penitentiary; and shall also cause to be printed on said ballot opposite the names of the candidates last aforesaid, the words: "Vote for one." HOW VOTED FOR. Sec. 6. Each voter shall designate on his ballot at the election aforesaid, the name of the city, town or village for which he intends to vote as the place of the permanent location of each of said public institutions in the same manner provided by law for the designation upon said ballot of the names of separate individual candidates for public offices for whom he intends to vote. CANVASS OF ELECTION. Sec. 7. The votes, so far as relates to the places of the permanent location of said public institutions, shall be canvassed and certified in all respects as is or may be provided by law for the canvassing and certification of the votes for candidates for public offices voted for by the electors of the entire state at the said general election in nineteen hundred and four. GENERAL LAW APPLIES. Sec. 8. All matter relating to the nomination, certification, election, and ascertainment and certification of election of places for the permanent location of said public institutions, respectively, except as in this act is otherwise provided, shall be governed by the general law relating to the nomination, election and certification of officers voted for by the electors of the entire state at the said general election in November, nineteen hundred and four. MAJORITY VOTE FIXES LOCATION. Sec. 9. The city, town or village receiving a majority of the votes cast upon the question of the permanent location of the seat of government, shall be the place of the permanent location of the seat of gov ernment. The city, town or village receiving a majority of the votes cast upon the question of the permanent location of the state university shall be the place of the permanent location of the state university. The city, town or village receiving a majority of all the votes cast upon the question of the permanent location of the insane asylum shall be the place of the permanent location of the insane asylum. The city, town or village receiving a majority of all the votes cast upon the question of the permanent location of the state penitentiary, shall be the place of the permanent location of the state penitentiary. Sec. 10. This act shall take effect and be in force from and after its passage. Approved February 13th, 1901. CHAPTER 69. House Bill No. 114. CITY ELECTIONS. AN ACT fixing the terms and providing the time for the election of mayor and councilman in cities incorporated under special charter containing a population of not less than 10,000, and making provision for such elections. Be it Enacted by the Legislature of the State of Wyoming: TIME OF. Section 1. In every city heretofore incorporated under a special charter, and not under a general law of the state, having a population of not less than 10,000 inhabitants, according to the last preceding United |