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General laws, resolutions, and memorials of the Territory of Wyoming online

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ORGANIC ACT



AND GENERAL



LAWS OF WYOMIM,



TOGETHER WITH THE



MEMORIALS AND RESOLUTIONS



PASSED BY THE .



Third Legislative Assembly,

Convened at Cheyenne, Nov. 4th, 1873.



PUBLISHED BY AUTHORITY.



CHEYENNE, W. TI

H. GLAF(;KE, public printer, daily USABEK OFFirK.



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L 6565

OCT 1 8 1932



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FEDERAL OFFICERS OF WYOMING.



Governor — John A. Campbell.
Secretary — Jason B. Brown.
Chief Justice — Jos. W. Fisher.
Associate Justices — ^E. A. Thomas,

Jos. M. Carey.
U. S. District Attorney — Edward P. Johnson.
Z7. S, Marshal— EvdiXik Wolcott.
Surveyor General — Silas Reed.
U, S, Collector— E, P. Snow.
U, S, Land Office — S. H. Winsor, Register.

George W. Corey, Receiver.
Delegate in Congress — ^Hon. W. R. Steele.



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CERTIFICATK



Office of Secretary of Territory, "(
Cheyenne, W. T., March 1, 1874. /
I. Jason B. Brown, Secretary of the Territory of Wyoming, do hereby
i-ertify that the Laws of the Territory of Wyoming contained in this
volume, passed by the Third General Assembly of Wyoming Territory,
have been by me examined and compared with, and found to be correctly
))rinted from the enrolled bills on file in my office, and that the same are
]>ublished under the authority of the United States of America an<l tlie-
Torritorv of Wyoming.

JASON B. BROWN,
Secretary of Wyoming Territoky.



PUBLISHER'S CERTIFICATE.



Office Cheyenne Leader, |

Cheyenne, W. T., Feb. 1, 1S74. /
1 herehy certify that the general Laws, Joint Resolutions and Menio-
*rijils, herein contained, are true and correct copies of those delivered to
me l)v the Secretary* as set forth in the foregoing certificate.

HERMAN GLAFCKE, Pi JiLic Pklxtj^j:,



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TABLE OF CON^TENTS;.



AMENDED—

An act to amend chapter height, laws first Liegislative Assembly of
Wyoming Territory 171

An act amending an act defining the official year of the couniy and
precinct otficers, being chapter forty-fi>ve of the session laws of
1809 ; 172

An act to amend chapter four, of the session laws of Wyoming
Territory, approved 10th December, 18G9 .' 173

An act tv) amend an act entitled " an act fixing the time and place of
holding the first and subsequent terms of the supreme court, and
defining its duties" 178

An act to amend an act entitled '*an actio establish a fence law in
Albany, Carbon and Uinta counties" 182

An act to amend an act entitled *'an act concerning county liciMises" 184

An act to amend an act entitled " an act for the protection of the
owners of timber and saw logs in this Territory " 184

An act to amend an act entitled " an. act concerning county /ici'iif>e.s'' 185

An at*t to amend an act entitled '* an act to regulate the distribution
of the laws of Wyoming Territory " 188

An act to amend an act entitled "an act to provide honiestea«ls in
the Territory of Wyoming," ai)pr0ved December 7, 1809 189

An act to amend the li(*ense laws of this Territory 191

An act to amend an act entitled " an act to Incorporate the City of

Cluvenne \ 230

BOARD OF COMMISSIONERS—

An act to authorize the publication of the proceedings of the boards
of the county commissioners of this Territory and for other pur-
poses 186

BRANDING AND HERDING—

An act regulating the branding, herding and taking care of stock 223

CODE OF CIVIL PROCEDURE—

An act to establish a code of civil procedure for the Territory of

Wyoming 23

CHANGE OF VENUE—

At act providing for changes of venue in civil and criminal cases 163

(CONTINUANCES—

An act relative to continuances itt civil and criminal cases 165

(CRIMINAL LAW—

An act to amend the criminal laws of this Territory 166.

An act declaring the criminal law governing this Territory 167

clp:rks—

An act requiring the clerks of the district courts of this Territory to

furnish the auditor with certain information 174.

COUNTY SEAT—

An act to re-locate the county seat of Sweetwater county 180*



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10 C-ONTEXTS.

€LOUD—

An act to remote the cl-oud from certain titles ..,. 190

CHEYENNE—

An act to authorize the board of trustees of the city of Clieyenne to
levy and collect a special tax to pay off a lo.m coritraot e J tor the
purpose of repairins: the steam tire engine Durant, aucl for addin*^

to the efficiency of the Cheyenne fire department 192

An act to amend %n act entitled " an act to incorporate the city of

Cheyenne" 230

♦COURT tfOUSE—

An act authorizing the building of a court house and jail at Kvan-
ston, the county seat of Uiuta cv)iinty, awd tt> bond the county

therefor * 22<>

DIVORCER—

An act in reference to divorces heretofore decreed 17:^

DOCUMENTS—

An act relating to the custody of public documents and for other

purposes ' 18(>

EVAN8TON—

An act to incorporate the town of Evanston,. , 212

FISCAL YEAR—

An act to establish the date of the ©©unnenocment of the fiscal year

of Wyoming Territory 23o

GAMBLING—

An act to prevent gambling on raih'oad trains 177

^iENERAL ASSEMBLY—

An act fixing the compensation of the officers not otherwise provided
for, of the Cour^eil and House of Represfututives of the Territory
of Wyoming, and making an api)roprJalion for that and other

purposes 230

An act entitled '*an act to increase the number of members of the
Territorial Council and House of Representatives of the Territory

of Wyoming is;^

IMMIGRATION-

An act to establish a board of immigration and for other purposes 198

INDIANS—

An act making it a misdemeanor to sell intoxicating liquors to

Indians, and prescribing punishment therefor lOS

JUDICIAL DISTRICTS—

An act establishing tlie judicial districts within the Territory of

W\yoming, and to provide for the holding of courts therein 179

JURY TRIALS—

An act relating to jury trials 170

JOHN JESSIE—

An act to change the name of John Jessie to John Francis Ellis, and
U> provide for his becoming the legal heir of Miss Marion J. Ellis... 222
LAW'S-

An act to amend an act to regulate the distribution of the laws of

Wyoming Territory 188

An act to authorize tlie Secretary of the Territory to distribute to the
members of the present session of the General Assembly the laws

of Wyoming Territory for the year 1869 188

LIENS—

An act to create liens upon personal jjroperty 194

LARAMIE CITY—

An act to incorporate Laramie City 201

LIBRARY -

An act entitled '*an act to provide for the Territorial library 187

Memorials and joint resolutions 25^»

MISDEMEANORS—

An act definimi: certain misdemeanors, and prescribing punishment



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CONTENTS. 1 1

therefor -. 16S

An act making it a misdemeanor to sell intoxicating liquors to

Indians, and prescribing punishment therefor lOS

OPFICIAL YEAR—

An act amending an act defining the official year of tlie county and

precinct officers, being chapter forty-five session laws of lS(>{)r 172

PETITION IN ERROR—

An act to provide for the privileges of the writ of error and tlie

petition in error in certain cases I'ii^

POLL TAX—

An act fixing the amount of poll tax, and providing for the better

collection of the same 2>\l

PRISONERS—

An act to provide for the safe keeping and maintenance of })risoners
confined in the Territorial penitentiary, in the event of the closing

of said penitentiary by the United States '2'M

RELIEF—

An act for the relief of John Slaughter, Territorial librarian '2'2'2

An act for the relief of E. L. Pease, Ora Haley, J. E. Gates, G. W.
Ritter, I. C. Whipple and F. S. Whitney, members of second and

third Legislative Assemblies of the Territory of Wyoming 'JXl'Z

An act entitled '*an act for the relief of Albany county'^ li>l

HECORDS, FURNITURE AND STATIONERY—

An act to provide for records, furniture and stationery for the office
of clerk of the supreme court of Wyoming Territory, and making

an appropriation therefor .'. .'. l.^">

REPEAL—

An act to repeal chapter twenty-two of the la^s of W^yoming Terri-
tory, approved December 2, 1869 \ 17H

An act to repeal chapter seventy-three of the laws of AVyoming Terri-
tory, approved December 2, 1869 17K

An act to repeal an act entitled **an act for the regulation of towns

and cities, and for other purposes" isl

An act for the repeal of an act fixing the compensation of members
of the Council and House of Representatives of the Territory of
Wyoming, and making an appropriation for that purpose, approved

December 16, 1871 ' 1S2

An act for the repeal of an act fixing the compensation of tbe
clerks and other officers of the Legislative Assembly of the Terri-
tory of Wyoming ,. T. 1^?»

SCHOOLS—

An act providing for the organization of school districts and for

other purposes '2:W

SCHOOL BOARDS—

An act to allow the school boards of districts numbers 1 and 3, of
Carbon county, to transfer a portion of the teachers' fund to the •

school house fund of said districts V.ih

SPECIAL TERM—

An act to provide for a special term of the district court for Sweet-
water coimty '. 17S

VAGRANTS—

An act concerning vagrants and others 174

WOOD AND LUMBER—

An act relative to the seizure of wood, lumber and timber, and for

other purposes 171

WRIT OF ERROR—

An act to provide for the privileges of the writ of error and the peti-
tion in error in certain cases h»U



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ORGANIC ACT.



An Act to provide a Temporary Government for the Territory of

Wyoming.

(approved, JULY 25, 18(38.)

Be it enacted hy the Sena';e cmd House of Repi^e^entatives of the
United States of Ameriea in' ion-jrees assembled^ That all that part of
the United States described as follaWs; .Oo;nmencing at the intersection
*jf the twenty-seventh meridian of longitude, west from Washington with
the forty-fifth degree of north latitude, and ruiijiinff thence west to the
thirty -fourth meridian of west longitude, then Je ^udi to the forty -first
ik'gree Df north latitude, thence east to the twenty-seAr^en^ri, meridian of
^vest iongitude, and thence north to the place of beginhinj^* i)^.*^and the
>iame is hereby organized into a temporary government by tlie,iUtme oi'
the Territory of Wyoming ; Provided^ That nothing in this act shall. J:/er
4-onstrued to impair the rights of persons or property now pertaining to.
the Indians in said territory, so long as such rights shall remain unex-
tinguished })y treaty between the United States and such Indians ;
Provided farther^ Tliat nothing in this act contained shall be construed
to inhibit the o;overnment of the United States from dividing said terri-
tory into two or more territories, in such manner and at such times as
(Congress shall deem convenient and proper, or from attaching any por-
tion thereof to any other territory or state.

Sec. 2. And be it further enaet-ed^ That the executive power and
authority in and over said Territory of Wyoming shall be vested in a
governor, who shall hold his office for four years, and until his successor
shall be appointed and qualified, unless sooner removed by the President
of the Unite<l States, with the advice and consent of the Senate. The
(lovernor shall reside within said Territory, shall be commander-in-chief
of the militia thereof, shall perform the duties and receive the emolu-
ments of superintendent of Indian affairs, and shall approve all law»
passed by the legislative assembly before they shall take effect, unless
the same shall pass by a two-thirds vote, as provided in section six of
this act ; he may grant pardofis for offenses against the laws of said
teiritory, and reprieves for offeases against the laws of the United States,
«intil the decision of the President can be made known thereon ; he shall



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16 ORGAXIC ACT.

commission all ofBcers who shall be appointed to office under the laws
of said Territory, and shall take care that the laws be faithfully executed.
Sec. 3. And be it further enacted, That there shall be a secretary of
said Territory, who shall reside therein iind hold his office for four years,
unless sooner removed by tlie President of the United States, with the
consent of the Senate ; he j^hall record and preserve all the laws and
the proceedings of the Legislative Assembly hereinafter constituted, and
all acts and proceedings of the governor in his executive department ; h<5
shall transmit one copy of the laws and one copy of the executive pro-
ceedings on or before the first day of December in each year to the
President of -the United States, and, at the same time, two copies of the
laws to the Speaker of the House of Representatives and the President
of the Senate, for the use of Congress ; and in case of the death, removal,
resignation, or other necessary absence of the governor from the terri-
tory, the secretary shall have, and he is hereby autliorized and required
to execute and perforin, all the powerj-vund duties of the governor during
such vacancy or absence, or until aiit)itli.er governor shall be appointed to
fill such vacancy. .••/•.•*'./'

Sec. 4. And be {{.f^i)*{her*^enaeted. That the legislative power and'
authority of said teiirttej'y'Hliall be vested in the governor and legislative
assembly. The "FpglsUilive assembly sliall consist of a council and house
of repregej*l:ilJ:VQS% TJie council shall consist of nine members, which
may h^ kjartiaSed to thirteen, having the qualification of voters as herein-
aftVipi^'^i'ihed, whose term of service shall continue two years. The
'.hop&e" of representatives shall consist of thirteen members, which may
be increased to twenty-seven, possessing the same qualifications as pre-
scribed for members of the council, and whose term of service shall
continue one year. An apportionment shall be made by the governor
as nearly equal as practicable among the several counties or districts for
the election of the council and house of representatives, giving to each
section of the territory representation in the ratio of their population
(excepting Indians not taxed), as nearly as may be, and the members of
the council and house of representatives shall reside in and be inhabitants
of the districts for which they may be elected, respectively. Previous
to the first election, the governor shall cause a census or enumeration of
the inhabitants of the several counties or districts of the territory to
be taken, and the first election shall be held at such times and places,
and be conducted in such manner as the governor shall appoint and direct,
and he shall at the same time declare the number of the members of the
council and house of representatives to which each of the counties or dis-
tricts shall be entitled under this act. The number of persons authorized
to be elected, having the highest number of votes in each of said council
districts for members of the council, shall be declared by the governor
duly elected to the council ; and the person or persons authorized to be
elected having the greatest number of votes for the house of representa-
tives equal to the number to which e'ach county or district shall be entitled,



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ORGANIC ACT. 17

shall be declared by the Governor to be elected members of the
House of Representatives ; Provided^ That in case of a tie between
two or more persons voted for, the Governor shall order a new
election, to supply the vacancy made by such tie vote. And
the pei-sons thus elected to the Legislative Assembly shall meet at
*such place and on such day as the Governor shall appoint ; but thereafter
the time, pLice, and manner of holding and conducting elections by the
people, and the apportioning the representation in the several counties
or districts to the Council and House of Representatives, according to
the population, shall be prescribed by law, us well as the day of the com-
mencement of the regular sessions of the Legislative Assembly : Provided,
That no one session shall excee^l the term of forty days, except the first,
-which may be extended to sixty days, but no longer.

Skc. 5.' And he it jmrther enacted, That every male citizen of the
United States above the a^ of twenty-one years, and [including] per-
i>ons who shall have deckred their intention to become citizens of the
United States, who shall have been a resident of the said Territory at the
time of the passage of this act, shall be entitled to vote at the first and
^ill siabseqneht elections in the Territory, and shall be eligible to holdanv
office in said Territory. And the Legislative Assembly shall not at anv
time abridge the right of suffrage, or to hold office, on account of the
race, color, or previous condition of servitude of any resident of the Ter-
ritory : Provided, That the i ight of suffrage and of holding office shall
be exercised only by citizens of the United States, and those who shall
Jiave declared on oath before a competent court of record their intention
to become such, and shall have tak^n an oath to support the Constitution
and government of the United States.

Skc. 6. Ayid he it further ena^'ted, [That] the legislative power of
the Territory shall extend to all rightful subjects of legislation consistent
v.ith the Constitution of the L^nited States and the provisions of this act:
but no law shall be passed interfering with the primary disposal of tne
soil; no tax shall be imposed upon the property of the United States, nor
shall the lands or other property of non-residents be taxed higher than
the lands or other property of residents ; nor shall any law be passed
impairing the rights of private property, nor shall any unequal discrimi-
nation be made in taxing different kinds of property, but all property
subject to taxation shall be taxed in proportion to its value. Every bill
which shall have passed the Council and House of Representatives of
said Territory shall, before it becomes a law, be presented to the Governor
of the Territory. If he approves, he shall sign it; but if not, he shall
return it with his objections, to the house in which it originfited, who shall
enter the objections at largf^ upon their journal and proceed to reconsider
it. If, after such reconsideration, two-thirds of the house shall agree to
pass the bill, it shall be sent, together with the objections, to the other
house, by which it shall likewise be reconsidered ; and if approved bv
two-thirds of that house it shall become a law. But in all such cases the
9



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18 ORGANIC ACT.

votes of both houses shall be determined by yeas and nays, to Le entere<l
on the^ journal of each house respectively. If any bill shall not be
returned by the Governor within five days (Sundays excepted) after it
shall have been presented to him, the same shall be a law in like manner
as if he had signed it, unless the Assembly, by adjournment, prevent its
return, in which case it shall not be a law.

Sec. 7. And be it further enacted^ That all township, district, and
county officers, not herein otherwise provided for, shall be appointed or
elected, as the case may be, in such manner as shall be provided by the
Governor and Legislative Assembly of the Territory. The Governor shall
nominate and by and with the consent of the Council appoint all officei*s
not herein otherwise provided for, and in the first instance the Governor
alone may appoint all such officers, who shall hold ^their office until the
end of the first session of the Legislative Assembly ; and he shall lay off
the necessary districts for members of the Council and House of Repre-
sentatives, and all other officers.

Sec. 8. And be it further enacted. That no member of the Legislative
Assembly shall hold or be appointed to any office which shall have been
created, or the salary or emoluments of which shall have been increased
while he was a member, during the term for which he was elected, and
for one year after the expiration of such term ; and no person holding a
commission or appointment under the United States, except postmasters,
shall be a member of the Legislative Assembly, or shall hold any office
under the govei'nment of said Territory.

Sec. 9. And be it further enacted. That the judicial power of said
Territory shall be vested in a supreme court, district courts, probate
courts, and justices of the peace. The supreme court shall consist of a
chief justice and two associate justices, any two of whom shall constitute
a quorum, and who shall hold a term at the seat of government of said
Territory annually, and they shall hold their offices for four years, unless
sooner removed by the President, with the consent of the Senate of the
United States. The said Territory shall be divided into three judicial
districts, and a district court shall be held in each of said districts by one
of the justices of the supreme court, at such "time and place as may be
prescribed by law ; and said judges shall after their appointments,
respectively, reside in the districts which shall be assigned them. The
jurisdiction of the several courts herein provided for, both appellate and
original, and that of the probate c6urts, and of the justices of the peace,



Online LibraryWyomingGeneral laws, resolutions, and memorials of the Territory of Wyoming → online text (page 1 of 27)