fifth degree of north latitude to its intersection with the twenty-seventh degree of longitude west from Washington; thence south along said twenty-seventh degree of longitude west from Washington to the forty-first degree north latitude; thence west along said forty-first degree of latitude to the place of beginning, shall be, and is hereby, incorporated temporarily into and made part of the Territory of Dakota. APPROVED, May 26, 1864. TERRITORY OF WYOMING. Act of July 25, 1868; 15 Stats., 178. July 25, 1868. Wyoming organ ized. CHAP. CCXXXV.-An Act to provide a temporary Government for the Be it enacted by the Senate and House of Representatives Territory of of the United States of America in Congress assembled, That all that part of the United States described as follows: Boundaries. Commencing at the intersection of the twenty-seventh meridian of longitude west from Washington with the forty-fifth degree of north latitude, and running thence west to the thirty-fourth meridian of west longitude, thence south to the forty-first degree of north latitude, thence east to the twenty-seventh meridian of west longitude, and thence north to the place of beginning, be, and the same is hereby, organized into a temporary government by the Indian rights name of the Territory of Wyoming: Provided, That nothing in this act shall be construed to impair the rights of person or property now pertaining to the Indians in said Territory, so long as such rights shall remain unextinguished by treaty between the United States and such Territory may Indians: Provided, further, That nothing in this act contained shall be construed to inhibit the government of the United States from dividing said Territory into two or more Territories, in such manner and at such time as Congress shall deem convenient and proper, or from attaching any portion thereof to any other Territory or State. not affected. be divided. Executive. SEC. 2. And be it further enacted, That the executive power and authority in and over said Territory of WyoGovernor, ming shall be vested in a governor, who shall hold his office term of office; for four years, and until his successor shall be appointed and qualified, unless sooner removed by the President of the United States with the advice and consent of the Sen residence, du- ate. ties, and pay. The governor shall reside within said Territory, shall be commander-in-chief of the militia thereof, shall perform the duties and receive the emoluments of superintendent of Indian affairs, and shall approve all laws 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 pardons for offences against the laws of said Territory, and reprieves for offences against the laws of the United States, until the decision of the President can be made known thereon; he shall commission all officers who shall be appointed to office under the laws of said Territory, and shall take care that the laws be faithfully executed. dence, term of SEC. 3. And be it further enacted, That there shall be a Secretary, resisecretary of said Territory, who shall reside therein and office, duties. hold his office for four years, unless sooner removed by the President of the United States, with the consent of the Senate; he shall 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; he shall transmit one copy of the laws and one copy of the executive proceedings 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 Territory, the secretary shall have, and he is hereby authorized and required to execute and perform, all the powers and duties of the governor during such vacancy or absence, or until another governor shall be appointed to fill such vacancy. sembly. and council and of ment. SEC. 4. And be it further enacted, That the legislative Legislative aspower and authority of said Territory shall be vested in the governor and legislative assembly. The legislative assembly shall consist of a council and house of representatives. The council shall consist of nine members, Number, term which may be increased to thirteen, having the qualifica-qualifications of tions of voters as hereinafter prescribed, whose term of members of service shall continue two years. The house of repre- house. sentatives shall consist of thirteen members, which may be increased to twenty-seven, possessing the same qualifications as prescribed for members of the council, and whose term of service shall continue one year. An appor- Apportiontionment 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 Members of house of representatives shall reside in and be inhabitants house to be resiof 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 Census. several counties or districts of the Territory to be taken, and the first election shall be held at such times and places, First election. 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 districts shall be entitled under this act. The number of persons authorized to be elected, having the highest number of Plurality votes in each of said council districts for members of the council and dents of district. elect. to Tie votes. 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 representatives equal to the number to which each county or district shall be entitled, 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 persons thus elected to the legislative assembly Timeand place shall meet at such place and on such day as the governor of first meeting shall appoint; but thereafter the time, place, and manner sembly. 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, as well as the day of the commencement of the regular Sessions after sessions of the legislative assembly: Provided, That no exceed forty one session shall exceed the term of forty days, except the first, which may be extended to sixty days, but no longer. of legislative as Of subsequent meetings. the first not to days. Voters. SEC. 5. And be it further enacted, That every male citizen of the United States above the age of twenty-one years, and [including] persons who shall have declared 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 all subsequent elections in the Territory, and shall be eligible to hold any office in said Territory. And the legislative assembly shall not at any time abridge Right of suf- the right of suffrage, or to hold office, on account of the office, not to be race, color, or previous condition of servitude of any resiTo be exercised dent of the Territory: Provided, That the right of suffrage only by citizens, and of holding office shall be exercised only by citizens of the United States, and those who shall have declared on oath before a competent court of record their intention to become such, and shall have taken an oath to support the Constitution and government of the United States. frage and to hold abridged, &c. &c. Legislative power to extend to what. Taxation. SEC. 6. And be it further enacted, [That] the legislative power of the Territory shall extend to all rightful subjects of legislation consistent with the Constitution of the Limits thereof. United States and the provisions of this act; but no law shall be passed interfering with the primary disposal of the 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 discrimination 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 the house of representatives of said Territory shall, before it becomes a law, be presented to Veto power of governor. the governor of the Territory. If he approve, he shall sign it; but if not, he shall return it with his objections to the house in which it originated, who shall enter the objections at large upon their journal and proceed to reconsider it. If, after such reconsideration, two-thirds of that 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 by twothirds of that house it shall become a law.ˆ ˆBut in all such cases the votes of both houses shall be determined by yeas and nays, to be entered on the journal of each house respectively. If any bill shall not be returned by the Bills not governor within five days (Sunday excepted) after it shall ernor within five have been presented to him, the same shall be a law in like law. manner as if he had signed it, unless the assembly, by adjournment, prevent its return, in which case it shall not be a law. re turned by gov days to become Township, dis Officers not provided for. herein otherwise SEC. 7. And be it further enacted, That all township, trict, and county district, and county officers, not herein otherwise provided officers. 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 officers not herein otherwise provided for, and in the first instance the governor alone may appoint all such officers, who shall hold their offices 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 representatives, and all other officers. SEC. 8. And be it further enacted, That no member of Members of asthe legislative assembly shall hold or be appointed to any hold certain of office which shall have been created, or the salary or emol-fices. uments 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 United States, except postmasters, shall be a member of postmasters, not the legislative assembly, or shall hold any office under the government of said Territory. sembly not to officers, except to hold office. SEC. 9. And be it further enacted, That the judicial Judicial power. 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 Supreme court. 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 District court. 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, Residence judges. of |