, 1890-09-25
CONSTITUTIONAL MIDDLE.

~ . ~ ~ ~ 49,
that if congress had only been more CON
siderate and passed the Wyoming admis-
sion bHl sooner than it did the people of
Wyoming would be saved a heap OF un-
certsintv which now hangs over them. 1t
is well known to everybody that when
the constitutional convention was in ses
sion a year ago that body was almost
unanimously of the opinion that con-
grcssional acton in the case of Wyoin
ing's admission would speedily follow the
adoption of the instrument which was 20
be our fundamental law. Those who fol-
lowed the debates at the time are fully
aware that the intention Of the trainers of
the constitution was that the election to
Immediately follow the admission Of the
state was to be a general one. including
state. district and county officers; that all
of the state and district officers we're to
qualify within thirty days after they had
secured their certificates Of election; that
the county officers elected under the ter
ritorial laws were to hold over until :he
expiration of their terms which will be in
January next, and that the election which
they intended to be omitted was
the biennial election which falls this gear
on the 4th of mex November.
There is no doubt whatever, we say. that
this was the sense Of the members OF the
convention, but unfortunately they tailed
to 50 express themselves in their finished
work and the constitution as it was
adopted by the people and not as its
trainers may have intended to make 1t is
to be accepted as the law and the gospel.
Now that the instrument is being put
in operation it is discovered hat some of
its provisions are ambiguous, while
others are clearly contradictory, particu-
larry some clauses contained in the sched-
ule which was designed to set the new
order Of thinEs in motion.
The new constitution designates and
graduates the salaries to be received by
various county officers. which it specifies.
based upon the assessable valuation OF
the various counties. 1t does not speci-
fcallF create these Offices but on the con
trary Sectiou 5. Article MI says: The
legislature shall provide by law Sor the
election of such county officers as may be
necessary.
The peculiarly of the situation is eS-
traordinarily increased by several provis-
IONS containedi in the schedule. Section
Q. for instance, provides that the gov
ernor or other qualified officer shall issue
proclamation which.is to be mailed TO
the chairman OF the board of county CON
missioners Of each county. calling an cloc-
ton by the people for all state, district
and other offices created and made
elective by this constitution" 1t will be
observed that this section applies specific
ally 10 off ,es "created and made elective
by this constitution.
Following close on the heels Of this pro-
vision section 10 provides that all county
and precinct officers who may have been
10 Office st the time of the adoption of
the constitution shall hold their respect.
i've Offices for the full term for which they
may have been elected and uutil such
tine as their successors be elected and
qualified, while section 10 Of the same
schedule provides that all officers elected
at such election without specifying them
shall qualify and take their seatS thirty
days after having been declared elected, a
palpable contradiction. provided the
county election was a legal one.
To further add to the complication sec
ton % Of the schedule reads as follows:
The g int 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-
ton shall held their office for the full
term thereof commencing at the expira-
ton OF the term Of the county aud pre-
cinct officers then in office, or the date of
their qualification.
Underithe constitution the vote at the
first state election is to be canvassed on
the thirtrcth day after the day Of election,
which will be the 18th of October. 1m-
mediately upon qualifying the governor
must issue a proclamation converting a
session Of the legislature at a date not
less than thirty nor more than sixty days
distant The earliest possible moment at
which the first state legislature can posi-
bly, meet. under these circumstances, is
November 10. The general election law
provides that the election for all county
and precinct officers shall be held on the
Tuesday after the first Monday, in this
case November 4.
The 6rst regular election that would
otherwise occur is therefore the Noyem-
Der election two years hence. 1t will thus
be seen that under this provision the next
regular election under the constitution
would be in November four years hence.
Two years from now the presidential cleo
ton occurs, but the legislature may order
Especial election for this purpose, we be-
lieve.
1t will therefore be seen that several
very delicate questions are involved.
Wa the election for county officers
authorised and therefore legal? Will a
new election be held throughout the state
for county oficers7 Will the officers who
have been elected at the recent election,
should theY,take their seats, hold them
for four years 10 come. instead of two as
has hitherto been the ruler
An amendmentSto the constitution can
be submitted to a vote o fthe people only
-~ra~.t .la.s.on - r.. .ol..f 49,.