, 1904-12-02
NEW GOVERNORS TERN.

1t has beel the general impression
throughout Wyoming that the new
governor, Hon. B. b.. Brooks, woulu
take his seat as soon as the vote haa
the constitution and the decision OF the
supreme court in the Moore case a
Wyo. 1860 seems to indicate that Gov
ernor Brooks will not be Bile to take
his seat till Jan. ., 1905. The constitu
ton says that all state and county
officers elected at a general election
on the first Monday III January next
following the date of their election, or
as Dol thereafter as may be possible"
In pursuance of the foregoing consti-
tutional provision, the Legislature OF
1S9O-91 attempted to provide tor sue
cession in a S of a vacancy, but did
not succeed in making the act accord
with the constitution. The act pro
vides that when the state ~canvassing
board shall have ~canvassed the vote
of the election as aforesaid. and in the
manner provided by law, declared a
person at such election to be elected
as governor, such person shall. within
thirty lays after such canvass. or as
soon thereafter as possible. qualify II
assume the duties and powers of gov
ernor, land shall be the governor OF the
state of Wyoming for the remainder
ofAthe unexpired term of governor
-@Mr. osborne. it will be recalled, at
tempted to take possession of the OF
flee prior to the issuance of his certiti
cate of election and in the suit refer
red to. the supreme court held tina,
Mr.. Osborne was not entitled to take
his seat until the first Monday in Jan
uary. IS this decision was not made
until after the legislative act of 1890
81. it therefore follows that that &C
was unconstitutional in its provision
that seems to imply that the governor
elect may assume the duties of the oil
flee Immediately upon the completion
of the canvass and issuance of certiti
Gates of election.
The Republican does not know whai
Mr.. Brooks opinion is in relation t.
the matter, nor what he purposes do
ing. but it is highly improbable that he
will endeavor to assume h duties o
governor before the first Monday il
January, 1905.
The Cheyenne correspondent of the
Denver Republican says that by de
Ie-ing his induction into office unit.
! Jan. lSNr, Brooks will escape the wori
Of going through the reports of state
officers aid compiling therefrom the
Biennial message to the state legisla
ture. a duty that will low fall upon the
acting governor, Ffnimore Chatter
ton
Thu correspondent, Mr.. George
Walker, does not g}ve his authority for
this statement and nothing can be
found in the constitution or the law &c
indicate that he is correct in this po'
sition. If Mr.. Brooks assumes his Of
fee On the % day of January. 1905 i.
is reasonable to suppose that he VIII
write the message to the legislature
that will assemble on January 3. de
will be the governor and it is illogical
tc. assume that the message Will De
written by one who has passed from
the office. Mr.. Brooks will not be al
all handicapped in this matter. He is
entirely familiar with all the AFFAIRS Oh
the state, or at least as much so as 1t Is
possible for a man outside OF a state
office to become, and it is doubtless his
wish TO make recommendations to the
state legislature based upon his W
Judgment AS he will be the man to eA-
erciss the veto power, he should be the
onetp recommend legislation