, 1890-02-22

TROUBLE LIABLE TO FOLLOW

uee. tnere Is anOtner oimult| present.
ed that is equally as serious as the
former. If Wyoming Is admitted with its
proposed constitution. While lawyers
may differ about the legality OF the or
ganirxtion of new counties, the trouble
we mean is so plain that be who runs
NAV read.
Let Us concede. for the purpose of our
theme. that the present legislative assem-
bly, NAV create new counties legally; that
is that il may say what divisions Of the
territory may constitute counties. Sup
pose. further. that As they arc thus 6xed.
they come under the Jurisdiction Of tee
ton /. article Xii. of the constitution,
which reads; THE several counties in
the territory Of Wyoming as they shall
exist at the time Of the admission of said
territory as 4 state are hereby declared to
be the counties of the state Of Wyoming"
still. the question of representation to the
first legislature arises paramount. and
here the difficulty appears.
Section 4, Of the apportionment chap
ter. Of article iii of the constitution pro-
vides for an superintendent Of senators
and representatives among the several
counties OF the state. Then follows the
names Of the ten organized counties, to
ge.her with the apportionmens to each.
No other counties are mentioned or pro-
vided for in this apportionment. And
here is where the lawyers say the maxim
applies: The mention of one thing ex-
cludes others not mentioned"
1t is very clear that under this appor
tionment no new county could be repre-
scented.
But il is provided IN section 3 of article
Ill that each county shall constitute a
senatorial and representative district:
each county shall have at
least one senator and one representative !"
From this provision the friends of the
new counties extract much consolation.
Standing upon the provision first cited
above that the counties as they exist at
the admission of the state shall be the
counties Of the new state, and applying
the last provision that each county shall
have at least one senator and one repre-
sentative. they feel that they have re-
solved the doubt against all difficulty.
However, the concluding sentence OF
the last cited section mandatorily says:
The senate and house of Representatives
first elected in pursuance of this copstitu-
ton shall consist of sirteea and thirty
three membe,s respectively"
Hence the inquiry, how can the present
legislative assembly enact a territorial law
that will operate t. extend and enlarge
the state constitution? The requirements
Of apportionment for the existing COUNT
les are explicit. As divided they make
up the constitutional numbers of sixteen
and thirty three among the ten existing
counties, and there is no more power or
authority for a county to waive the APP
portioumeht thus made and accept a less
representation than there is for il to de-
mand more.
Whether a county under the constitu-
ton can be such for the purposes of taxa
ton and government and not be a county
for the purposes Of legislation, wc leave to
the lawyers to discuss. But it does seem
to US that il a county could legally try,
convict aud hang a man for murder, it
could constitutionally have a voice in state
legislation; the query is. therefore, if it
may not have representation in the first
legislature how can it exercise the func-
tons of county government? 1t is not
only a right, but a duty Of each county to
be represented. It must share the re-
sponsibilities as well as privileges of state
legislation.
While there might have been provision
made for new counties by the constitu,
ton, the fact remains that none was
made. The instrument must be inter
preted as it stands.
Now. suppose two or three hew coun.
ties were organized. At the first ~legisla.
tnre of the state they would each come
up smiling with a senator and representa-.
tive. Of course the old counties would
send their full quota according to the an
portionment made to them. Three pro
visions of the constitution are apparent,
In conflict as to the right of the new
counties to representation. There is on,
point apparently in their favor. that is
that each county shall have at least on,
senator and one representative" Blu
there are two provisions against them
one which limits the membership to SIX
teen and thirty three for the senate an,
house respectively. and the others which
specifically names the counties and ap
portions the representation to make III
these numbers
There then would be a muddle eoua
to that in Montana. Some person O
persons or tribunal would have to decid
the matter. 1t requires no prophet I,
foresee serious contention. Partisanshil
would triumph over law. and the publ,
veal would succumb to party greed
Chaos seems to be certain with ney
counties. and it is well worth the time t.
stop and inquire if it is good statesman
ship to deliberately plunge into troubl,