WATER DIVISIONS. Sec. 4. The legislature shall by law divide the state into four (4) water divisions, and provide for the appointment of superintendents thereof. STATE ENGINEER. Sec. 5. There shall be a state engineer who shall be appointed by the governor of the state and confirmed by the senate; he shall hold his office for the term of six (6) years, or until his succesosr shall have been appointed and shall have qualified. He shall be president of the board of control, and shall have general supervision of the waters of the state and of the officers connected with its distribution. No person shall be appointed to this position who has not such theoretical knowledge and such practical experience and skill as shall fit him for the position. ARTICLE IX. INSPECTOR OF MINES. Section 1. There shall be established and maintained the office of inspector of mines, the duties and salary of which shall be prescribed by law. When said office shall be established the governor shall, with the advice and consent of the senate, appoint thereto a person proven in the manner provided by law to be competent and practical, whose term of office shall be two years. LAWS MUST BE ENACTED. Sec. 2. The legislature shall provide by law for the proper development, ventilation, drainage and operation of all mines in this state. EMPLOYEES IN MINES-RESTRICTION. Sec. 3. No boy under the age of fourteen years and no woman or girl of any age shall be employed or permitted to be in or about any coal, iron or other dangerous mines, for the purpose of employment therein; provided, however, this provision shall not affect the employment of a boy or female of suitable age in an office or in the performance of clerical work at such mine or colliery. RIGHT OF ACTION FOR INJURIES. Sec. 4. For any injury to person or property caused by wilful failure to comply with the provisions of this article, or laws passed in pursuance hereof, a right of action shall accrue to the party injured, for the damage sustained thereby, and in all cases in this state, whenever the death of a person shall be caused by wrongful act, neglect or default, such as would, if death had not ensued, have entitled the party injured to maintain an action to recover damages in respect thereof, the person who, or the corporation which would have been liable, if death had not ensued, shall be liable to an action for damages notwithstanding the death of the person injured, and the legislature shall provide by law at its first session for the manner in which the right of action in respect thereto shall be enforced. SCHOOL OF MINES. Sec. 5. The legislature may provide that the science of mining and metallurgy be taught in one of the institutions of learning under the patronage of the state. GEOLOGIST-TERM-DUTIES. Sec. 6. There shall be a state geologist, who shall be appointed by the governor of the state, with the advice and consent of the senate. He shall hold his office for a term of six (6) years or until his successor shall have been appointed and shall have qualified. His duties and compensation shall be prescribed by law. No person shall be appointed to this position unless he has such theoretical knowledge and such practical experience and skill as shall fit him for the position; said state geologist shall ex-officio perform the duties of inspector of mines until otherwise provided by law. ARTICLE X. CREATION OF. Section 1. The legislature shall provide for the organization of corporations by general law. All laws relating to corporations may be altered, amended or repealed by the legislature at any time when neces sary for the public good and general welfare, and all corporations doing business in this state may as to such business be regulated, limited or restrained by law not in conflict with the constitution of the United States. UNDER CONTROL OF STATE. Sec. 2. All powers and franchises of corporations are derived from the people and are granted by their agent, the government, for the public good and general welfare, and the right and duty of the state to control and regulate them for these purposes is hereby declared. The power, rights and privileges of any and all corporations may be forfeited by willful neglect or abuse thereof. The police power of the state is supreme over all corporations as well as individuals. FORFEITED CHARTERS. Sec. 3. All existing charters, franchises, special or exclusive privileges under which an actual and bona fide organization shall not have taken place for the purpose for which formed and which shall not have been maintained in good faith to the time of the adoption of this constitution shall thereafter have no validity. DAMAGES-NO LIMIT. Sec. 4. No law shall be enacted limiting the amount of damages to be recovered for causing the injury or death of any person. Any contract or agreement with any employe waiving any right to recover damages for causing the death or injury of any employe shall be void. ACCEPTANCE OF CONSTITUTION. Sec. 5. No corporation organized under the laws of Wyoming territory or any other jurisdiction than this state, shall be permitted to transact business in this state until it shall have accepted the constitution of this state and filed such acceptance in accordance with the laws thereof. BUT ONE LINE OF BUSINESS PERMITTED. Sec. 6. No corporation shall have power to engage in more than one general line or department of business, which line of business shall be distinctly specified in its charter of incorporation. COMMON CARRIERS, WHO ARE. Sec. 7. All corporations engaged in the transportation of persons, property, mineral oils, and mineral products, news or intelligence, including railroads, telegraphs, express companies, pipe lines and telephones, are declared to be common carriers. TRUSTS PROHIBITED. Sec. 8. There shall be no consolidation or combination of corporations of any kinds whatever to prevent competition, to control or influence productions or prices thereof, or in any manner to interfere with the public good and general welfare. EMINENT DOMAIN. Sec. 9. The right of eminent domain shall never be so abridged or construed as to prevent the legislature from taking property and franchises of incorporated companies and subjecting them to public use the same as the property of individuals. MUTUAL ASSOCIATIONS. Sec. 10. The legislature shall provide by suitable legislation for the organization of mutual and co-operative associations or corporations. RAILROADS. POWERS AND RIGHTS OF RAILROADS. Section 1. Any railroad corporation or association organized for the purpose, shall have the right to construct and operate a railroad between any points within this state and to connect at the state line with railroads of other states. Every railroad shall have the right with its road to intersect, connect with or cross any other railroad, and all railroads shall receive and transport each other's passengers, and tonnage and cars, loaded or empty, without delay or discrimination. ARE COMMON CARRIERS. Sec. 2. Railroad and telegraph lines heretofore constructed or that may hereafter be constructed in this state are hereby declared public highways and common carriers, and as such must be made by law to extend the same equality and impartiality to all who use them, excepting employes and their families and ministers of the gospel, whether individuals or corporations. REPORTS TO AUDITOR OF STATE. Sec. 3. Every railroad corporation or association operating a line of railroad within this state shall annually make a report to the auditor of state of its business within this state, in such form as the legislature may prescribe. EMINENT DOMAIN. Sec. 4. Exercise of the power and right of eminent domain shall never be so construed or abridged as to prevent the taking by the legis lature of property and franchises of incorporated companies and subjecting them to public use the same as property of individuals. AID TO, PROHIBITED. Sec. 5. Neither the state, nor any county, township, school district or municipality shall loan or give its credit or make donations to or in aid of any railroad or telegraph line; provided, that this section shall not apply to obligations of any county, city, township or school district, contracted prior to the adoption of this constitution. ACCEPTANCE OF CONSTITUTION. Sec. 6. No railroad or other transportation company or telegraph company in existence upon the adoption of this constitution shall derive the benefit of any future legislation without first filing in the office of the secretary of state an acceptance of the provisions of this constitution. RIGHTS OF TELEGRAPH LINES. Sec. 7. Any association, corporation or lessee of the franchises thereof organized for the purpose shall have the right to construct and maintain lines of telegraph within this state and to connect the same with other lines. AGENTS FOR-MUST HAVE. Sec. 8. No foreign railroad or telegraph line shall do any business within this state without having an agent or agents within each county through which such railroad or telegraph line shall be constructed upon whom process may be served. DEPOTS-LOCATION OF. Sec. 9. No railroad company shall construct or operate a railroad within four (4) miles of any existing town or city without providing a suitable depot or stopping place at the nearest practicable point for the convenience of said town or city, and stopping all trains doing local business at said stopping place. No railroad company shall deviate from the most direct practicable line in constructing a railroad for the purpose of avoiding the provisions of this section. ARTICLE XI. BOUNDARIES. STATE BOUDARIES. Section 1. The boundaries of the state of Wyoming shall be as follows: 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 place of beginning. ARTICLE XII. COUNTY ORGANIZATION. EXISTING COUNTIES REMAIN SUCH. Section 1. The several counties in the territory of Wyoming as they shall exist at the time of the admission of said territory as a state, are hereby declared to be the counties of the state of Wyoming. Board Commissioners vs. Young et al., 3 Commissioners vs. Perkins, 5 Wyo. 170-178. Wyo. 684. NEW COUNTIES-ORGANIZATION OF. Sec. 2. The legislature shall provide by general law for organizing new counties, locating the county seats thereof temporarily and changing county lines. But no new county shall be formed unless it shall contain within the limits thereof property of the valuation of two million dollars, as shown by last preceding tax returns, and not then unless the remaining portion of the old county or counties shall each contain property of at least three million of dollars of assessed valuation; and no new county shall be organized nor shall any organized county be so reduced as to contain a population of less than one thousand five hundred bona fide inhabitants, and in case any portion of an organized county or counties is stricken off to form a new county, the new county shall assume and be holden for an equitable proportion of the indebtedness of the county or counties so reduced. No county shall be divided unless a majority of the qualified electors of the territory proposed to be cut off vot ing on the proposition shall vote in favor of the division. Commissioners vs. Perkins, 5 Wyo. 170-178. COUNTY SEATS-CHANGE OF. In re Fremont County et al., 54 Pac. Rep. 1073. Sec. 3. The legislature shall provide by general law for changing county seats in organized counties, but it shall have no power to remove the county seat of any organized county. TOWNSHIP ORGANIZATION. Sec. 4. The legislature shall provide by general law for a system of township organization and government, which may be adopted by any county whenever a majority of the citizens thereof voting at a general election shall so determine. COUNTY OFFICERS-PROVISION FOR. The legislature shall provide by law for the election of such county officers as may be necessary. Reals vs. Smith, 56 Pac. Rep. 690. ARTICLE XIII. MUNICIPAL CORPORATIONS. ORGANIZATION AND CLASSIFICATION. Section 1. The legislature shall provide by general laws for the organization and classification of municipal corporations. The number of such classes shall not exceed four (4), and the powers of each class shall be defined by general laws, so that no such corporation shall have any powers or be subject to any restrictions other than all corporations of the same class. Cities and towns now existing under special charters or the general laws of the territory may abandon such charter and reorganize under the general laws of the state. State ex rel Vidall vs. Lamoreux, 3 Wyo. 731. CONSENT OF ELECTORS NECESSARY. Sec. 2. No municipal corporation shall be organized without the consent of the majority of the electors residing within the district proposed to be so incorporated, such consent to be ascertained in the manner and under such regulations as may be prescribed by law. RESTRICTION ON POWERS. Sec. 3. The legislature shall restrict the powers of such corporations to levy taxes and assessments, to borrow money and contract debts so as to prevent the abuse of such power, and no tax or assessment shall be ~(7) |