USA > Wyoming > History of Wyoming, Volume I > Part 19
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"Section 12. And be it further enacted, That the Legislative Assembly of the Territory of Wyoming shall hold its first session at such time and place in said territory as the governor thereof shall appoint and direct; and at said first session, or as soon thereafter as they shall deem expedient, the governor and Legislative Assembly shall proceed to locate and establish the seat of govern- ment for said territory at such place as they may deem eligible; which place, however, shall thereafter be subject to be changed by the said governor and Legislative Assembly.
"Section 13. And be it further enacted, That a delegate to the House of Representatives of the United States, to serve during each Congress of the United States, may be elected by the voters qualified to elect members of the Legislative Assembly, who shall be entitled to the same rights and privileges as are exercised and enjoyed by the delegates from the several other territories of the United States in the said House of Representatives. The first election shall be held at such time and places, and conducted in such manner, as the governor shall appoint and direct ; and at all subsequent elections, the time, place and manner of holding elections shall be prescribed by law. The person having the greatest number of votes of the qualified electors as hereintofore provided, shall be declared by the governor to be elected, and a certificate thereof shall be accord- ingly given.
"Section 14. And be it further enacted, That sections numbered sixteen and thirty-six in each township in said territory shall be, and the same are hereby, reserved for the purpose of being applied to public schools in the state or states hereafter to be erected out of the same.
"Section 15. And be it further enacted, That temporarily and until other- wise provided by law the governor of said territory may define the judicial districts of said territory, and assign the judges who may be appointed for the said territory to the several districts, and also appoint the times and places of holding courts in the several counties or subdivisions in such of said judicial districts by proclamation to be issued by him; but the Legislative Assembly, at their first session, may organize, alter or modify such judicial districts and assign the judges and alter the times and places of holding the courts as to them shall seem proper and convenient.
"Section 16. And be it further enacted. That the Constitution and all laws of the United States which are not locally inapplicable, shall have the same force and effect within the said Territory of Wyoming as elsewhere within the United States.
"Section 17. And be it further enacted, That this act shall take effect from and after the time when the executive and judicial officers herein provided for shall have been duly appointed and qualified: Provided, That all general terri- torial laws of the Territory of Dakota in force in any portion of said Territory of Wyoming at the time this act shall take effect shall be and continue in force throughout the said territory until repealed by the legislative authority of said territory, except such laws as relate to the possession or occupation of mines or mining claims."
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HISTORY OF WYOMING
GOVERNOR FAULK'S MESSAGE
Several months elapsed after the passage of the above act before the Terri- tory of Wyoming was organized. The reasons for this delay, as well as the conditions then existing in the territory, are thus set forth in the message of Governor A. J. Faulk to the Territorial Legislature of Dakota which assembled in December, 1868:
"The courts have been open for the redress of wrongs and found adequate, except perhaps in that portion of the territory known in our statutes as Laramie and Carter counties. There, in those recently organized counties, on account of their remoteness from the established judicial districts of the territory, a state of society bordering on anarchy has for a time existed; and which, from unavoid- able circumstances, has been temporarily and imperfectly relieved by the action of the Legislature during its last session, by the passage of an act embracing those counties within the boundaries of the Second Judicial District and author- izing his honor, the chief justice, to hold a term of court at the City of Cheyenne.
"Owing to the rich discoveries of gold and other valuable minerals in that vicinity, and the construction of the Union Pacific Railroad through the southern portion of those counties, a large population was soon collected, which embraced, among others, many turbulent and lawless individuals, who were practically beyond the control of civil law, and whose crimes were of such a startling char- acter as to compel the better class of citizens to resort to measures deemed unavoidably necessary for the protection of society, to reduce such refractory spirits to submission. The authority exercised under such circumstances, by vigilance committees, finds many apologists-but to my judgment it is greatly to be deprecated-and it is most earnestly hoped that the time is past when a resort to such measures can be in any degree palliated or justified.
"In my last annual message I alluded to this subject and favored on that occasion the organization of those counties, by an act of Congress, into separate territory as the only practicable or effectual remedy for existing and apprehended social evils. In this I was cordially sustained by the Legislature and by the unanimous voice of the people. In accordance with our wishes, an act creating a temporary government for Wyoming, which embraced those two counties, was passed by Congress and approved July 25, 1868, but, unfortunately, has not yet gone into practical operation, on account of the failure of Congress to make the necessary appropriation to defray the expenses, and the non-appointment and confirmation of territorial officers. This evil, however, is but temporary. But a short time can yet elapse until the machinery of a separate government will be in full operation in Wyoming, when, through the regular application of the civil laws, faithfully and speedily administered, crime will be suppressed and the law-abiding citizens will finally be relieved from the social disorders which have afflicted them. Under such auspicious circumstances, in view of the railroad facilities possessed by the territory, and the vast beds of coal and deposits of precious metals, which have already been developed, we may reasonably anticipate for Wyoming a career of prosperity which Eastern Dakota, with all its advantages, might well envy."
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GOVERNMENT ORGANIZED
The session of Congress which began in December, 1868, remedied the omission of the preceding one and made the necessary appropriations for the inauguration of the territorial government of Wyoming. Early in the year 1869, the following territorial officers were appointed by President Grant: John A. Campbell, governor; Edward M. Lee, secretary; Joseph M. Carey, United States attorney ; Silas Reed, surveyor-general; Edgar P. Snow, assessor of inter- nal revenue; Thomas Harlan, collector of internal revenue; Charles C. Crowe, register of the land office; Frank Wolcott, receiver of public moneys; John W. Donnellan, treasurer; Benjamin Gallagher, auditor; John H. Howe, chief justice; William T. Jones and John W. Kingman, associate justices ; Church Howe, United States marshal.
The governor and secretary took the oath of office on April 15, 1869, and the justices of the territorial Supreme Court on the 19th of the month following. The latter date really marks the beginning of
CAMPBELL'S ADMINISTRATION
John A. Campbell, the first governor of the Territory of Wyoming. was born at Salem, Ohio, October 8, 1835. After attending the public schools in his native town he learned the newspaper business and at the breaking out of the Civil war was employed as an editorial writer on the Cleveland (Ohio) Leader. In April, 1861, he enlisted as a private, was promoted to second lieu- tenant and assigned to duty on the staff of Gen. A. D. McCook. On November 26. 1862. he was promoted to major and assistant adjutant-general, and from 1863 to the close of the war he served on the staff of Gen. John M. Schofield. Among the engagements in which he participated were Rich Mountain, Shiloh, Perryville, Stone's River, most of the actions incident to the Atlanta campaign in 1864. Franklin, Nashville and a number of minor skirmishes. In 1865 he was promoted to colonel and brevet brigadier-general. At the close of the war he was offered a commission in the regular army, but declined. He then served as assistant secretary of war until appointed governor of Wyoming and super- intendent of Indian affairs in 1869. As the first governor, he organized the territorial government, established the first judicial districts, etc. In 1873 he was reappointed for a second term and served as governor until 1875. when he resigned to accept the appointment of third assistant secretary of state. Later in the same year he accepted the consulship to Basle, Switzerland, in the hope that a change of climate would prove beneficial to his health. But he found the climate of Switzerland too severe and in a short time returned to the United States. His death occurred on July 15. 1880, in Washington, D. C.
On May 19. 1869, the day the territorial justices qualified, Governor Camp- bell issued his first proclamation, dividing the territory into three judicial dis- tricts, and fixing the times and places of holding courts therein. (See chapter on the Bench and Bar.) His next official act was to order a census of the territory taken in accordance with section 4 of the organic act. This order was issued on May 28, 1869, but the marshal met with serious delay, on account of the failure of some of the enumerating officers to perform their duties, and the census was not completed until the 30th of July.
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HISTORY OF WYOMING
FIRST ELECTION
Another proclamation by Governor Campbell, issued on August 3, 1869, called an election for delegates to Congress and members of the Territorial Legisla- ture, said election to be held on Thursday, September 2, 1869. The proclamation also divided the territory into council and representative districts. Laramie County constituted the first council district, Albany and Carbon counties the second, and Carter County the third. Each district was directed to elect three members of the upper branch of the Legislature. The representatives were apportioned as follows: Territory at large, one; Laramie County, four ; Albany County, three; Carbon County, one; Carter County, three; that portion of the territory taken from Utah and Idaho, one.
At the election the total number of votes cast was 5,266. For delegate to Congress, Stephen F. Nuckolls received 3.930 and W. W. Corlett received 1,965. Members of the council-T. D. Murrin, James R. Whitehead, T. W. Poole, W. H. Bright, W. S. Rockwell, George Wardmen, Frederick Laycock, James W. Brady and George Wilson. Representatives-J. C. Abney, Posey S. Wilson. Howard Sebree, Herman Haas, Louis Miller. J. N. Douglas, William Herrick, Benjamin Sheeks, James Menefee, J. C. Strong, John Holbrook, J. M. Freeman and S. M. Curran.
Stephen F. Nuckolls, the first delegate to Congress, was born in Grayson County, Virginia, August 16, 1825. About the time he was twenty-one years of age he went to Missouri and in 1854 removed to Nebraska, where he was one of the founders of Nebraska City, and was elected to the Territorial Legis- lature. While in Missouri and Nebraska he was engaged in mercantile pursuits, but in 1860 went to Denver, where he was interested in mining operations. After a short residence in Denver, he went to New York and remained there until 1867. when the call of the West brought him to Wyoming. Mr. Nuckolls was a man of good education and during his one term as delegate was influential in securing the enactment of laws to promote the material interests of Wyoming.
FIRST LEGISLATURE
On September 22, 1869, Governor Campbell issued a proclamation convening the Legislative Assembly "in the City of Cheyenne, on the 12th day of October next." Pursuant to this proclamation, the members elect of the two branches of the Legislature assembled in Cheyenne on Tuesday, October 12, 1869. The council organized by electing. W. H. Bright, president ; Edward Orpen, secretary ; Mark Parrish, assistant secretary; J. R. Rockwell, enrolling clerk; William B. Hines, engrossing clerk ; C. H. Moxley, sergeant at arms.
In the House of Representatives S. M. Curran, of Carbon County, was chosen speaker: L. L. Bedell, chief clerk; William C. Stanley, assistant clerk ; George E. Talpey, enrolling clerk : E. McEvena, engrossing clerk : William Baker. sergeant at arms.
Governor Campbell delivered his first message to a joint session of the two houses on the 13th. In it he reviewed what had been done in the establishment of the territorial government, the trouble with the Indians in the Wind River
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Valley and the mining settlements, and recommended the enactment of a militia law for the better protection of the frontier. On December 8, 1869, the gov- ernor approved a memorial asking Congress to establish a penitentiary at Laramie City, and to appropriate for that purpose a sum not less than sixty thousand dollars. The same day he approved an act providing for the acquisition of a site for the prison at or near Laramie City. The laws of Dakota Territory were repealed on December 10, 1869, so far as they applied to Wyoming; the name of Carter County was changed to Sweetwater ; the County of Uinta was estab- lished and the county seat temporarily located at Fort Bridger; and a law was enacted giving women the right to vote and hold office. The Legislature was in session for sixty days. Concerning its work it has been said: "The first Legis- lature adopted and perfected a code which, with the example of the several new territories to guide them, was an admirable foundation on which to construct a perfect state in the future. Had no omissions been made, there need liave been no more legislation."
Probably the most important acts of the session were those establishing a public school system, providing for the opening of certain territorial highways, and the adoption of the civil and criminal codes above mentioned.
TERRITORIAL SEAL
At the opening of the session Governor Campbell submitted a design for a territorial seal. On December 9, 1869, he approved a bill for a seal, the design for which was that proposed by him, with some modifications. As described in the act, the seal was to consist of "a Norman shield on the upper half of which is emblazoned a mountain scene, with a railroad train, the sun appearing above the horizon, the figures '1868' below the middle point of the top of the shield. On the first quarter below, on a white ground, a plow, a pick, a shovel and a shepherd's crook ; on the next quarter, namely : the lower part of the shield, on a red ground, an arm upholding a drawn sword; the shield to be surmounted by the inscription 'Cedant Arma Toga,' and the entire design surrounded by the words 'Territory of Wyoming, Great Seal.'"
LEGISLATURE OF 1871
The second session of the Legislative Assembly began at Cheyenne on Tues- day, November 7, 1871, and continued until Saturday, December 16th. The terri- torial officers at this time were as follows: John A. Campbell, governor ; Herman Glafcke, secretary; Joseph W. Fisher, chief justice; John W. Kingman and Joseph M. Carey, associate justices : Edward P. Johnson, attorney ; Church Howe, United States marshal; William T. Jones, delegate in Congress.
The principal acts of this session were those providing for the organization of the territorial militia ; exempting certain property from sale upon execution or other process; lien laws for the protection of miners and mechanics; an act for the protection of live stock; the establishment of a territorial library ; pro- viding for the opening of a number of wagon roadis ; and a memorial was addressed to Congress asking for the establishment of postal routes through the territory.
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HISTORY OF WYOMING
THIRD LEGISLATURE
As the sessions of the Legislative Assembly were held biennially, the third Assembly convened on Thursday, November 4, 1873. The principal territorial officials at that time were John A. Campbell, governor; Jason B. Brown, secre- tary; Joseph W. Fisher, chief justice; Joseph M. Carey and E. A. Thomas, associate justices ; Edward P. Johnson, attorney; Frank Wolcott, marshal; W. R. Steele, delegate in Congress.
This was the last session of the Assembly under Governor Campbell's admin- istration. It was in session for forty days and enacted a number of laws amenda- tory of those passed by previous Legislatures. Acts were also passed regulating the branding and herding of live stock; establishing a board of immigration to encourage settlement of various parts of the territory ; defining the judicial dis- tricts ; and providing for a fiscal year to begin on the first of October annually.
THAYER'S ADMINISTRATION
John M. Thayer, the second territorial governor of Wyoming, was born at Bellingham, Mass., where he attended the public schools and studied law. About the time he was admitted to the bar the Territory of Nebraska was organized, and in November, 1854, he located at Omaha, crossing the Missouri River in an old canoe in company with Thomas O'Connor and another Irishman named Boyle. In 1859 he commanded an expedition against the Pawnee Indians. The same year he was a delegate to the convention at Bellevue, which organized the repub- lican party in Nebraska. He was nominated by that convention for delegate to Congress, but was defeated by a Mr. Daily. In 1860 he was again the republican candidate for congressional delegate, but was again defeated. He was then elected a member of the Territorial Legislature, but resigned before the expiration of his term to accept a commission as colonel of the First Nebraska Infantry. In 1862 he was promoted to brigadier-general. At the close of the Civil war he returned to Nebraska. In 1867 he was elected one of the first United States sena- tors from Nebraska. He was appointed governor of Wyoming by President Grant and entered upon the duties of that office on February 10, 1875. His administra- tion lasted until April 10, 1878, when he was succeeded by John W. Hoyt. Gov- ernor Thayer then went back to Omaha and resumed the practice of his profes- sion. In 1886 he was elected governor of Nebraska and was reelected in 1888. He died in Omaha on March 19, 1906.
About the time Governor Thayer came into office a number of changes were made in the list of territorial officials. George W. French succeeded Jason B. Brown as secretary; Jacob B. Blair took the place of Joseph M. Carey as associate justice ; W. F. Sweesy was appointed United States marshal ; Orlando North, auditor ; A. R. Converse, treasurer ; and J. J. Jenkins, district attorney. WV. R. Steele was reëlected delegate to Congress in 1874.
LEGISLATIVE SESSIONS
Two sessions of the Legislative Assembly were held while Thayer was gov- ernor. On November 2, 1875, the fourth session was convened at Cheyenne
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and Governor Thayer delivered his first message on the 4th. It was an exhaustive document, dealing with practically every subject of territorial interest, and showed a familiarity with Wyoming conditions that was surprising, coming from one who had been in the territory only a few months.
At this session an act was passed providing for a revision of the territorial laws. W. L. Kuykendall, C. W. Bramel, Orlando North, Michael Murphy, George W. Ritter and C. M. White were appointed a committee "to make all necessary arrangements and contracts for the compilation and publication of all laws, including those of the fourth Legislative Assembly." The committee selected James R. Whitehead to superintend the work and the first edition of the "Com- piled Laws of Wyoming" was printed by Herman Glafcke, former territorial secretary, in 1876.
The fifth session of the Legislative Assembly began on November 7, 1877, and continued for forty days. Several important laws were enacted during this session, to-wit: Regulating the practice of medicine ; limiting the indebtedness of counties; fixing the fees and salaries of public officials, and providing for the opening and improvement of certain highways. On November 22, 1877, Governor Thayer approved a memorial to Congress protesting against a division of the territory, a subject which some people were just then agitating, and recommending the annexation of the Black Hills country to Wyoming. The memorial may have had some influence in preventing the division of the territory, but the annexation recommended was never made.
HOYT'S ADMINISTRATION
John W. Hoyt, the third territorial governor of Wyoming, was born near Worthington, Ohio, October 31, 1831. When about eighteen years of age he graduated at the Ohio Wesleyan University and immediately afterward began the study of medicine. In 1853 he received the degree of M. D. from the Ohio Medical College. Four years later he removed to Madison, Wis., where for ten years he was engaged in business as an editor and publisher. He can- vassed the Northwest in the interests of the Morrill Agricultural College Bill when that measure was pending in Congress. In 1874 he was elected a member of the Wisconsin Railroad Commission. Governor Hoyt was a commissioner to several of the world's greatest industrial expositions, viz: London, 1862; Paris, 1867; Vienna, 1873; the Centennial at Philadelphia, 1876; and the Columbian Exposition at Chicago, 1893. In 1877 he declined an appointment as minister to Spain, but soon afterward accepted the governorship of Wyoming Territory. At the expiration of his term as governor he remained for some time in Wyo- ming and aided materially in developing the territory's educational system. He was the first president of the State University ; a member of the constitutional convention in 1889; was president of the Wyoming Development Company for five years; established and published for a short time the Wyoming Journal at Laramie, and was otherwise connected with the advancement of the material interests of Wyoming. In 1891 he went to Washington, D. C., where he passed the closing years of his life in literary work. He was the author of several books relating to education, agriculture and railway affairs.
Governor Hoyt's administration as governor of the territory began on April
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10, 1878, and continued until August, 1882. During the time he held the office the population increased more than 100 per cent. At the beginning of his term the principal territorial offices were filled by the following incumbents: A. Worth Spates, secretary; J. B. Sener, chief justice; Jacob B. Blair and William Ware Peck, associate justices ; C. H. Layman, United States attorney ; Gustave Schnitger, marshal ; J. S. Nason, auditor ; Francis E. Warren, treasurer ; Stephen W. Downey, delegate in Congress.
LEGISLATURE OF 1879
The first session of the Legislative Assembly held after Governor Hoyt was inducted into office began at Cheyenne on Tuesday, November 4, 1879. During the session acts were passed authorizing certain counties to issue bonds in aid of railroad companies ; amending the civil and criminal codes of the territory ; regulating the manner of conducting elections ; prohibiting lotteries ; and declar- ing the following legal holidays: January ist (New Year's day), February 22d (George Washington's birthday), July 4th ( Independence day), any day set apart by the President of the United States as a day of annual thanksgiving, and December 25th (Christmas).
SEVENTH LEGISLATURE
The Legislature of 1879 was the sixth to be held after the organization of the territory. No more sessions were held until January 10, 1882, when the seventh Legislature was convened at Cheyenne. Governor Hoyt was still in office, but several changes had been made in the roster of territorial officials since the preceding session. E. S. N. Morgan had succeeded A. W. Spates as secretary ; Samuel C. Parks had been appointed associate justice in place of William W. Peck; M. C. Brown was now United States attorney ; Morton E. Post, delegate in Congress; Jesse Knight, territorial auditor; and Francis E. Warren still held the office of territorial treasurer.
In accordance with the provisions of the organic act, the Legislature of 1882 increased the number of members in the council to twelve and the number of representatives to twenty-four. The territory was divided into five council districts and apportioned to each district the number of members, to-wit: First district, Laramie County, four members; Second district, Albany County, three members: Third district, Carbon and Johnson counties, two members: Fourth district, Sweetwater County, one member: Fifth district, Uinta County, two members.
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