USA > Wyoming > History of Wyoming, Volume I > Part 29
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WORKMEN'S COMPENSATION ACT
"At the last general election," said Governor Kendrick in his message of 1915, "an amendment to our constitution was carried by a majority of the electors of the state, providing for a workmen's compensation act. The vote on this amendment was duly canvassed and the proper proclamation of its adoption was made by my predecessor, Governor Carey. An amendment to the constitution is a direct mandate from the people, and is therefore an obligation to be assumed by the Legislature at its earliest opportunity.
"I would recommend in framing such a law, that due care be exercised to fulfill every function contemplated, that every provision be included to render a just compensation to the injured, or, in case of death, to those dependent upon him. But, at the same time, such a law should be calculated to avoid, so far as possible, the working of a hardship on the industry that pays the tax."
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On February 27, 1915, the governor approved a compensation act providing for the establishment of a "State Industrial Accident Fund." Extra-hazardous occupations were defined and an appropriation of $30,000 was made at the state's first contribution to the fund. Section 15 also provided that "There is also ap- propriated annually, until otherwise provided by law, out of any moneys in the state treasury not otherwise appropriated, a sum equal to one-fourth of the total sum which shall be received by the state treasurer from employers under the provisions of section 16 hereof, not, however, to exceed the sum of $40,000."
Section 16, above referred to, provided that every employer engaged in any of the occupations defined as extra-hazardous should pay into the Industrial Accident Fund a sum equal to two per cent of the wages earned by all his em- ployees. By a supplementary act, approved on February 19, 1917, the state ap- propriations were discontinued and the tax on employers was reduced to one and one-half per cent. The amendatory act also fixed a schedule of compensation for all classes of injuries, ranging from $75 for the loss of a toe (except the great toe) to $1,000 for the loss of an arm above the elbow or a leg above the knee. In cases of permanent total disability the injured person receives $1.400 if single and $1,600 if married, with $60 per year for each child under the age of sixteen years until such child is sixteen. Where the total disability is only temporary, the injured workman receives $18 per month if single, $24 if married. with an addition of $5 per month for each child under the age of sixteen years, until able to resume work.
In the event of death by accident, the surviving widow or invalid husband is entitled to receive $1,200 and $60 per year for each child under sixteen years of age until said child reaches the age of sixteen. Fifty dollars for funeral expenses are also allowed in addition to the above.
County assessors are required to furnish the state treasurer with a list of employers in their respective counties and the state treasurer collects the 11/2 per cent assessment. Refusal on the part of any employer to pay the assessment subjects him to a fine of not exceeding five hundred dollars. The attorney- general is authorized to institute proceedings in the name of the state and if judgment is given by the court the assessment is doubled, together with the costs.
A report of the Workmen's Compensation Department of the state treasurer's office for the fifteen months ending on December 31. 1917, shows the receipts to have been during that period (including a balance of $246,502.57 on hand on October 1, 1916) $520,763.24. During the same period the amount paid in com- pensation and expenses of administration was $107.999.80, leaving a balance in the Industrial Accident Fund of $412.763.44.
MISCELLANEOUS LEGISLATION
Two constitutional amendments were submitted to the people by the thirteenth Legislature, to wit: One authorizing the investment of the state public funds in farm mortgages, and the other providing for the construction and improvement of highways by the state.
Following the recommendations of Governor Kendrick, the Legislature appro- priated $5,000 for an experimental farm in Uinta County: $5,000 for another in Sweetwater County, and $13,000 for a third one in Goshen County. The
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farms thus established are so located that the soil and climatic conditions in dif- ferent parts of the state can be studied and the results made known to farmers of all classes.
By an act approved on February 19, 1915, a tax of three-eighths of a mill on each dollar of the assessed valuation of property throughout the state was levied for the purpose of building additions to the capitol at Cheyenne. The capitol com- missioners were authorized to obtain plans and provided for the erection of the new wings at the east and west ends of the building. The commissioners at that time were Robert B. Forsyth, Herman B. Gates and James B. True. They employed William R. Dubois as architect and the contract for the erection of the wings was awarded to John W. Howard. They were completed in 1917.
The sum of $12,000 was appropriated for the purchase of the military armory at Lander, and $10,000 "to be used under the governor's direction" in making examinations and surveys of arid lands with a view to their reclamation.
Another act of this session provided that no woman employed in any manu- facturing, mercantile, baking, canning or printing establishment, or in any hotel, restaurant or telephone exchange, etc., should be required to work more than fifty-six hours in any one week. Any employer violating any of the provisions of the act was rendered liable to a fine of from twenty-five to fifty dollars, to which might be added imprisonment in the county jail for a term of not less than thirty or more than ninety days.
County commissioners were given power to acquire real estate for fair grounds, parks, and for other purposes, and to maintain and develop the same. They were also authorized to render financial assistance to fair associations.
CAMPAIGN OF 1916
Under the primary election law of 1911, four political state conventions were held in Wyoming on May 8, 1916. The republican convention met at Cheyenne and was presided over by John Dillon. Dwight E. Hollister, John Hay, Patrick Sullivan, Curtis L. Hinkle and Thomas Sneddon were chosen delegates to the national convention, and Dr. H. R. Lathrop, C. P. Plummer, Mrs. L. E. Harns- berger. C. A. Zaring, H. J. Chassell and T. A. Dunn, alternates. The presidential electors nominated were John L. Baird, W. E. Chaplin and Jacob A. Delfelder.
The democratic convention was held at Casper. The delegates to the national convention were: Governor John B. Kendrick, Victor T. Johnson, J. J. Cash, Peter Kinney, P. J. O'Connor and J. Ross Carpenter. Alternates-Davis Lewis, Mrs. T. S. Taliaferro, J. J. Spriggs, N. Farlow, Alexander Nesbit and Mrs. Mary G. Bellamy. Benjamin Sheldon, John L. Jordan and T. S. Taliaferro were named as presidential electors, but Mr. Sheldon and Mr. Taliaferro were afterward succeeded on the ticket by James P. Smith and A. M. Brock.
The prohibition convention nominated as presidental electors C. J. Sawyer, Luther J. Wood and Mrs. Ella Watson, and the socialists nominated Matilda Hautamaki, W. S. Oeland and Joseph Dunning.
The only nominations made by the primary election in August this year were the candidates for United States Senator and representative in Congress. For United States Senator the republicans nominated Clarence D. Clark for reelection ; the democrats selected as their candidate Governor John B. Kendrick: the Vol. 1-17
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socialists, Paul J. Paulsen; and the prohibitionists, Arthur B. Campbell. Frank W. Mondell was again nominated by the republicans for representative in Con- gress; John D. Clark was the democratic candidate; the socialists nominated George E. Bateman ; and the prohibitionists, Orman C. King.
In national politics the republicans opened the campaign by holding their national convention at Chicago, beginning on the 9th of June. The progressive national convention was held at the same time and place and a conference com- mittee from the two conventions tried to arrange a plan by which the two parties could "get together." The progressives insisted upon the nomination of Theo- dore Roosevelt for President, and after several meetings of the conference committee the attempt to establish harmony was abandoned. On the Ioth the republican convention nominated Charles E. Hughes, of New York, for President on the third ballot, and Charles W. Fairbanks, of Indiana, was named for Vice President. The progressives nominated Theodore Roosevelt for President and John M. Parker, of Louisiana, for Vice President. Roosevelt declined to accept the nomination and the national committee of the party then indorsed the candidacy of Hughes and Fairbanks.
President Wilson and Vice President Marshall were both renominated by acclamation by the democratic national convention, which met at St. Louis on June 14, 1916.
The prohibition candidates for President and Vice President were J. Frank Hanley, of Indiana, and Ira Landrith, of Massachusetts. Allan J. Benson, of New York, was nominated by the socialists for President and George R. Kirk- patrick, of New Jersey, for Vice President.
At the general election on November 7, 1916, the democratic presidential electors carried the state, receiving 28,316 votes to 21,698 for the republican electors, 1,453 for the socialists, and 373 for the prohibitionists. Governor Kendrick defeated Clarence D. Clark for United States Senator by a vote of 26.324 to 23.258. Frank W. Mondell was again elected to Congress by a plurality of 537. Two constitutional amendments were adopted by substantial majorities-one authoriz- ing the investment of the public school funds in farm mortgages and the other relating to the construction and improvement of highways by the state.
FOURTEENTH LEGISLATURE
On Tuesday, January 9. 1917. the fourteenth State Legislature was convened at the capitol in Cheyenne. Joseph W. Todd, of Johnson County, was elected president of the Senate, and W. K. Jones, of Laramie County was chosen speaker of the House. The session lasted until February 17th. In his message, Governor Kendrick reviewed thoroughly the condition of the state finances and the public institutions, and devoted considerable attention to the
PROHIBITION QUESTION
"Within the last decade," said the governor, "there has been a tremendous reversal of opinion throughout our country upon the economic aspects of the liquor traffic. There has never been any question as to the moral issues involved, nor as to the desirability of prohibition from that standpoint. But the new angle
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from which the traffic has been attacked has developed a veritable wave of negative sentiment, until today, Wyoming stands in a vast dry area, as the one state which permits the sale of intoxicants with little or no restriction.
"In view of the many petitions presented to the Legislature two years ago and the great interest manifested by the people in the question during the last election, I am confident that there is a growing conviction in the minds of the people of Wyoming, that the time has come for the state to move into line with her neighbors. Therefore, I earnestly favor early action on the part of the Legis- lature at this session which will afford the citizens of the state an opportunity to vote upon this question. In fact, the right to vote upon this, as upon every other vital public issue, involves one of the fundamental principles of our government. All of which makes clear the part of duty and indicates an obligation resting with the Legislature which is but little less than mandatory."
In response to the governor's recommendations upon this subject, the Legis- lature passed an act, approved on January 20, 1917, submitting the following constitutional amendment to the people at the general election in 1918:
"Section 1. On and after the first day of January, 1920, the manufacture, sale and keeping for sale of malt, vinous or spirituous liquors, wine, ale, porter, beer or any intoxicating drink, mixture or preparation of like nature, except as herein- after provided, are hereby prohibited in this state. Provided, however, that the manufacture and sale and keeping for sale of such liquors for medicinal, pharma- ceutical, mechanical, sacramental and scientific purposes, and the manufacture and sale of denatured alcohol for industrial purposes may be permitted under such regulations as the Legislature may prescribe. The Legislature shall, without delay, enact such laws, with regulations, conditions, securities and penalties as may be necessary to carry into effect the provisions of this section."
HIGHWAY COMMISSION
On this subject the governor said in his message: "In a new and sparsely settled state of widely separated communities, no problem is more important than that involving the construction and maintenance of highways. Congress, a few months ago, passed a measure providing Federal aid in the building of high- ways in the different states. At the last election, the voters of Wyoming adopted an amendment to the constitution making it possible for our state to participate in this Federal aid, and the responsibility now devolves upon the Legislature of providing the necessary machinery for working out the best plan for participation. * A highway commission should be provided, with an active secretary who would be the principal executive, who would give his entire time to the work, and who would, among other qualifications, be a competent civil engineer."
An act creating a state highway commission was approved by Governor Kend- rick on February 19, 1917, two days after the adjournment of the Legislature. By the provisions of that act. the state was divided into five highway districts, to wit : I. The counties of Laramie, Albany, Platte and Goshen ; 2. The counties of Carbon, Sweetwater, Uinta and Lincoln; 3. The counties of Niobrara, Con- verse, Natrona and Fremont ; 4. The counties of Hot Springs, Washakie, Bighorn and Park ; 5. The counties of Sheridan, Johnson, Campbell, Crook and Weston.
The governor was authorized to appoint a commission of five members, one
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from each of the above districts, and not more than three of which should be of one political party. Governor Kendrick appointed M. R. Johnston, of Wheatland; Joseph Kinney, of Cokeville; Robert D. Carey, of Careyhurst; Gus Holms, of Cody ; Francis C. Williams, of Sheridan, as the members of the commission from the respective districts, and Z. E. Sevison, of Cheyenne, was employed as secre- tary and state highway engineer. Although the governor recommended the ap- pointment of a commission composed of citizens interested in good roads, who would serve without compensation except actual expenses, the act provides that each member shall receive an annual salary of $600.
The act of Congress, approved on July 16, 1916, "to provide that the United States shall aid the states in the construction of rural post roads," etc., was ac- cepted by the Wyoming Legislature and the state highway commission was authorized to enter into contracts with the United States Government relating to the construction and maintenance of public highways, the roads thus designated and improved in cooperation with the United States department of agriculture to be known as "state roads."
STATE FLAG
By an act of the fourteenth Legislature, approved on the last day of January, 1917, a state flag was adopted. The flag is thus described :
"Be it enacted, etc., That a state flag be, and is hereby, adopted to be used on all occasions when the state is officially and publicly represented, with the privilege of use by all citizens upon such occasions as they may deem fitting and appropriate. The width of said flag shall be seven-tenths of its length ; the outside border to be in red, the width of which shall be one-twentieth of the length of the flag; next to said border shall be a stripe of white on the four sides of the field, which shall be in width one-fortieth the length of said flag. The remainder of said flag to be a blue field in the center of which shall be a white silouetted buffalo, the length of which shall be one-half the length of said blue field; the other measurements of said buffalo to be in proportion to its length. On the ribs of said buffalo shall be the great seal of Wyoming in blue. Said seal shall be in diameter one-fifth the length of said flag. Attached to the flag shall be a cord of gold with gold tassels. The colors to be used in said flag as red, white and blue shall be the same colors used in the flag of the United States of America."
Section 2 of the act provides that "All penalties provided by the laws of this state for the misuse of the national flag shall be applicable to this flag," and section 3 sets forth that the act shall be in force from and after its passage.
On the same day that this act was approved, the governor approved another act designating the castillia linariaefolia or "Indian Paint Brush" as the state flower of Wyoming.
GENERAL LAWS
Among the laws of a general nature passed at this session was one providing that no new county should be organized, nor any organized county already es- tablished so reduced as to contain fewer than three thousand bona fide inhabitants and have an assessed valuation of less than five million dollars.
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An appropriation of $750 was made for the purpose of removing Jim Baker's cabin from Carbon County to Cheyenne, to preserve it as a relic of Wyoming's early days ; a branch fish hatchery was ordered to be established at Daniel, Lincoln County ; cities and towns were authorized to establish zoological gardens, in or within five miles of said town or city, and the state game commission was directed to furnish any city or town establishing such a garden with animals and birds, the cost of collecting the same to be borne by the town or city making the request.
A resolution was adopted commending President Wilson for his action in severing diplomatic relations with the German Government, and recommending that all able-bodied male citizens between the ages of eighteen and twenty-one years be compelled to take at least one year of intensive military training. That resolution was adopted several weeks before the Congress of the United States declared war against Germany, but it shows the trend of public opinion in Wyoming at that time. After the declaration of war, Wyoming was one of the first states in the Union to pledge, by her action, the loyalty of her citizens to the national administration.
HOUX'S ADMINISTRATION
Governor John B. Kendrick resigned his office on February 26, 1917, to enter the United States Senate, and on the same day Frank L. Houx, secretary of state, by virtue of his office, became acting governor.
Frank L. Houx was born near Lexington, Mo., December 12, 1860. His early education was acquired in the common schools, after which he attended business college in Kansas City and then read law for two years. From 1876 to 1885 he was employed in commercial pursuits. He then went to Montana, where for ten years he was engaged in the cattle business. In 1895 he removed to Cody, Wyo., then a young town, and engaged in real estate and fire insurance, at the same time taking a keen interest in irrigation projects. He was elected the first mayor of Cody when the town was incorporated in 1901 ; was police judge during the years 1902-03; was elected mayor again in 1905 and held the office continuously for four years ; was elected secretary of state in 1910 and reelected in 1914. When Governor Kendrick resigned, Mr. Houx assumed the duties of governor.
WAR WITH GERMANY
The principal activities of Governor Houx's administration were in connection with the "World War." Congress passed the declaration of war on April 6, 1917, and soon afterward the President called upon the governors of the different states to recommend persons to serve on the boards having charge of the regis- tration of men for the selective draft. Governor Houx recommended members of these boards in each of the twenty-one counties of the state. His recommenda- tion virtually amounted to an appointment.
To carry on the work of the war, each state appointed a "Council for National Defense" to act in harmony with the Federal authorities and carry out their orders and suggestions. Governor Houx appointed the "Wyoming Council for National Defense on April 13, 1917, just a week after the declaration of war.
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As no funds were available for the use of this council, the governor made arrangements with a number of the banks in the state to borrow such sums as might be necessary from time to time, trusting that the Legislature of 1919 would indorse and legalize his acts in this respect and make an emergency appropriation to reimburse the banks. Some changes were made during the year 1917 in the membership of the council, which on May 1, 1918, was composed as follows : Maurice Groshon, Cheyenne ; Robert D. Carey, Careyhurst ; P. C. Spencer, Lan- der ; T. C. Diers, Sheridan ; Mrs. R. A. Morton, Cheyenne, H. M. Rollins, Lyman ; J. M. Wilson, Mckinley; J. H. Berry, Basin; J. W. Bozorth, Burns; E. A. Swezea, Cheyenne.
A declaration of war means the raising and equipping of soldiers. Under Governor Houx's administration, and largely through his personal efforts, the Third Regiment of the Wyoming National Guard was recruited to war strength of 1,900. It was one of the first volunteer regiments to be offered to the United States for service abroad. The regiment was merged with the One Hundred and Forty-eighth Field Artillery and the One Hundred and Sixteenth Ammunition Train and was ordered to France among the first of the military organizations to leave the United States.
Upon assuming the duties of the chief executive, Acting Governor Houx endeavored to enforce the laws of the state fairly and impartially, especially the laws affecting public morality. To this end he became a consistent advocate of prohibition as one of the means of winning the war, and he encouraged local of- ficials in closing up notorious resorts and shortening the hours that saloons could keep open during each twenty-four hours.
A few months after Mr. Houx became acting governor, the State Board of School Land Commissioners, composed of the secretary and treasurer of state and the superintendent of public instruction, adopted the policy of placing all the income derived from the state lands into a permanent fund, the proceeds of which are to be used for the benefit of the public schools and other state educa- tional institutions. This ruling was made to apply with special force to the oil lands. The time may come when the yield of oil will decrease to such an extent that the fields can no longer be profitably worked, but under this decision of the land board the state will have reaped its share of the profits, which will form the basis of a fund for the education of the young people of Wyoming in the years to come.
CHAPTER XVII
STATE INSTITUTIONS
STATE BOARD OF CHARITIES AND REFORM-STATE HOSPITAL FOR THE INSANE-WYO- MING STATE PENITENTIARY- WYOMING SOLDIERS' AND SAILORS' HOME -- WYOMING GENERAL HOSPITAL-SHERIDAN AND CASPER BRANCH HOSPITALS- BIG HORN HOT SPRINGS RESERVE-WYOMING SCHOOL FOR DEFECTIVES-WYO- MING INDUSTRIAL INSTITUTE-DEAF, DUMB AND BLIND-THE STATE CAPITOL.
STATE BOARD OF CHARITIES AND REFORM
In the constitution of the State of Wyoming there is the following :
"ARTICLE VII
"Sec. 18. Such charitable, reformatory and penal institutions, as the claims of humanity and the public good may require, shall be established and supported by the state in such manner as the Legislature may prescribe. They shall be under the general supervision of a State Board of Charities and Reform, whose duties and powers shall be prescribed by law.
"Sec. 19. The property of all charitable and penal institutions belonging to the Territory of Wyoming shall, upon the adoption of this Constitution, become the property of the State of Wyoming, and such of said institutions as are then in actual operation shall thereafter have the supervision of the Board of Charities and Reform as provided in the last preceding section of this article, under pro- visions of the Legislature."
The First State Legislature of Wyoming therefore created the State Board of Charities and Reform by an act approved January 8, 1891. By this act it was decreed that "the State Treasurer, State Auditor and State Superintendent of Public Instruction shall constitute and shall hereafter be known as the State Board of Charities and Reform," with "general supervision and control of all such charitable, reformatory and penal institutions as may be established and sup- ported by the State."
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