Sec. 2. No person shall be eligible to the office of Governor unless he be a citizen of the United States and a qualified elector of the State, who has attained the age of thirty years, and who has resided five years next preceding the election within the State or Territory, nor shall he be eligible to any other office during the term for which he was elected.

Sec. 3. The Governor shall be elected by the qualified electors of the State at the time and place of choosing members of the Legislature. The person having the highest number of votes for Governor shall be declared elected, but if two or more shall have an equal and highest number of votes for Governor, the two houses of the Legislature at its next regular session shall forthwith, by joint ballot, choose one of such persons for said office. The returns of the election for Governor shall be made in such manner as shall be prescribed by law.

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Sec. 4. The Governor shall be Commander-in-Chief of the military forces of the State, except when they are called into the service of the United States, and may call out the same to execute the laws, suppress insurrection and repel invasion. shall have power to convene the Legislature on extraordinary occasions. He shall at the commencement of each session communicate to the Legislature by message, information of the condition of the State, and recommend such measures as he shall deem expedient. He shall transact all necessary business with the officers of the government, civil and military. He shall expedite all such measures as may be resolved upon by the Legislature and shall take care that the laws be faithfully executed.

Sec. 5. The Governor shall have power to remit fines and forfeitures, to grant reprieves, commutations and pardons after conviction, for all offenses except treason and cases of impeachment; but the Legislature may by law regulate the manner in which the remission of fines, pardons, commutations and reprieves may be applied for. Upon conviction for treason he shall have power to suspend the execution of sentence until the case is reported in the Legislature at its next regular session, when the Legislature shall either pardon, or commute the sentence, direct the execution of the sentence or grant further reprieve. He shall communicate to the Legislature at each regular session each case of remission of fine, reprieve, commutation or pardon granted by him, stating the name of the convict, the crime for which he was

convicted, the sentence and its date, and the date of the remis sion, commutation, pardon or reprieve, with his reasons for granting the same.

Sec. 6. If the Governor be impeached, displaced, resign or die, or from mental or physical disease or otherwise become incapable of performing the duties of his office or be absent from the State, the Secretary of State shall act as Governor until the vacancy is filled or the disability removed.

Sec. 7. When any office from any cause becomes vacant, and no mode is provided by the Constitution or law for filling such vacancy, the Governor shall have power to fill the same by appointment.

Sec. 8. Every bill which has passed the Legislature shall, before it becomes a law, be presented to the Governor. If he approve, he shall sign; but if not, he shall return it with his objections to the house in which it originated, which shall enter the objections at large upon the journal and proceed to reconsider it. If, after such reconsideration two-thirds of the members elected agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it will likewise be reconsidered, and if it be approved by two-thirds of the members elected, it shall become a law; but in all such cases the vote of both houses shall be determined by yeas and nays, and the names of the members voting for and against the bill shall be entered upon the journal of each house respectively. If any bill is not returned by the Governor within three days (Sundays excepted) after its presentation to him, the same shall be a law, unless the Legislature by its adjournment, prevent its return, in which case it shall be a law, unless he shall file the same with his objections in the office of the Secretary of State within fifteen days after such adjournment.

Sec. 9. The Governor shall have power to disapprove of any item or items or part or parts of any bill making appropriations of money or property embracing distinct items, and the part or parts of the bill approved shall be the law, and the item or items and part or parts disapproved shall be void unless enacted in the following manner: If the Legislature be in session he shall transmit to the house in which the bill originated a copy of the item or items or part or parts thereof disapproved, together with his objections thereto, and the items or parts objected to shall

be separately reconsidered, and each item or part shall then take the same course as is prescribed for the passage of bills over the executive veto.

Sec. 10. Any Governor of this State who asks, receives or agrees to receive any bribe upon any understanding that his official opinion, judgment or action shall be influenced thereby, or who gives, or offers, or promises his official influence in consideration that any member of the Legislature shall give his official vote or influence on any particular side of any question or matter upon which he is required to act in his official capacity, or who menaces any member by the threatened use of his veto power, or who offers or promises any member that he, the Governor, will appoint any particular person or persons to any office created or thereafter to be created in consideration that any member shall give his official vote or influence on any matter pending or thereafter to be introduced into either house of said Legislature; or who threatens any member that he, the Governor, will remove any person or persons from office or position with intent in any manner to influence the action of said member, shall be punished in the manner now or that may hereafter be provided by law, and upon conviction thereof shall forfeit all right to hold or exercise any office of trust or honor in this State.

Sec. 11. There shall be chosen by the qualified electors of the State at the times and places of choosing members of the Legislature, a Secretary of State, Auditor, Treasurer and Superintendent of Public Instruction, who shall have attained the age of twenty-five years respectively, shall be citizens of the United States, and shall have the qualifications of State electors. They shall severally hold their offices at the seat of government, for the term of four (4) years and until their successors are elected and duly qualified, but no person shall be eligible for the office of Treasurer for four (4) years after the expiration of the term for which he was elected. The Legislature may provide for such other State officers as are deemed necessary.

Sec. 12. The powers and duties of the Secretary of State, of State Auditor, Treasurer and Superintendent of Public Instruction shall be as prescribed by law.

Sec. 13. Until otherwise provided by law, the Governor shall receive an annual salary of two thousand five hundred dollars,

the Secretary of State, State Auditor, State Treasurer and Superintendent of Public Instruction shall each receive an annual salary of two thousand dollars and the salaries of any of said officers shall not be increased or diminished during the period for which they were elected, and all fees and profits arising from any of the said offices shall be covered into the State Treasury.

Sec. 14. The Legislature shall provide for a State Examiner, who shall be appointed by the Governor and confirmed by the Senate. His duty shall be to examine the accounts of State Treasurer, Supreme Court Clerks, District Court Clerks, and all County Treasurers, and treasurers of such other public institutions as the law may require, and shall perform such other duties as the Legislature may prescribe. He shall report at least once a year, and oftener if required, to such officers as are designated by the Legislature. His compensation shall be fixed by law.

Sec. 15. There shall be a seal of State, which shall be called the "Great Seal of the State of Wyoming;" it shall be kept by the Secretary of State and used by him officially as directed by law.

Sec. 16. The seal of the Territory of Wyoming as now used shall be the seal of the State until otherwise provided by law.

ARTICLE V.

Judicial Department.

Section 1. The judicial power of the State shall be vested in the Senate, sitting as a Court of Impeachment, in a Supreme Court, District Courts, Justices of the Peace, Courts of Arbitration and such courts as the Legislature may, by general law, establish for incorporated cities or incorporated towns.

Sec. 2. The Supreme Court shall have general appellate jurisdiction, co-extensive with the State, in both civil and criminal causes, and shall have a general superintending control over all inferior courts, under such rules and regulations as may be prescribed by law.

Sec. 3. The Supreme Court shall have original jurisdiction in quo warranto and mandamus as to all State officers, and in habeas corpus. The Supreme Court shall also have power to issue writs of mandamus, review, prohibition, habeas corpus, certiorari, and other writs necessary and proper to the complete exercise of its appellate and revisory jurisdiction. Each

of the judges shall have power to issue writs of habeas corpus to any part of the State upon petition by or on behalf of a person held in actual custody, and may make such writs returnable before himself or before the Supreme Court, or before any District Court of the State or any judge thereof.

Sec. 4. The Supreme Court of the State shall consist of three justices who shall be elected by the qualified electors of the State at a general State election at the times and places at which State officers are elected; and their term of office shall be eight (8) years, commencing from and after the first Monday in January next succeeding their election; and the justices elected at the first election after this Constitution shall go into effect, shall at their first meeting provided by law, so classify themselves by lot that one of them shall go out of office at the end of four (4) years, and one at the end of six (6) years, and one at the end of eight (8) years from the commencement of their term, and an entry of such classification shall be made in the record of the court and signed by them, and a duplicate thereof shall be filed in the office of the Secretary of State. The justice having the shortest term to serve and not holding his office by appointment or election to fill a vacancy, shall be the Chief Justice and shall preside at all terms of the Supreme Court, and, in case of his absence, the justice having in like manner the next shortest term to serve shall preside in his stead. If a vacancy occur in the office of a justice of the Supreme Court the Governor shall appoint a person to hold the office until the election and qualification of a person to fill the unexpired term occasioned by such vacancy, which election shall take place at the next succeeding general election. The first election of the justices shall be at the first general elec tion after this Constitution shall go into effect.

Sec. 5. A majority of the Justices of the Supreme Court shall be necessary to constitute a quorum for the transaction of business.

Sec. 6. In case a Judge of the Supreme Court shall be in any way interested in a cause brought before such court the remaining judges of said court shall call one of the District Judges to sit with them on the hearing of said cause.

Sec. 7. At least two terms of the Supreme Court shall be held annually at the seat of government at such times as may be provided by law.