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is an inseparable part of this Federal Union. (Dec. R., Sec. 37.) The Supreme Court bases many of its decisions as to constitutionality upon the Declaration of Rights as found in our State Constitution. It is the foundation or fundamental principle of our State law. All general laws have a uniform operation. The Supreme Court has general superintending control over the inferior courts and appellate jurisdiction in both civil and criminal causes. Appellate jurisdiction is the power to review decisions of a lower court. The decisions may be sustained or reversed. Jurisdiction is the power to determine the cause in controversy. Hence the Supreme Court can hear cases in civil action, where the rights of individuals as private persons are involved, and in criminal action, where the State is concerned, provided that they are brought to this court from another court. This is by an appeal. (Art. V, Sec. 5.) The Supreme Court has original jurisdiction (the power to decide a case when brought to it directly and not on appeal from another court), in quo warranto and mandamus as to all State officers. The first is an action brought against an official, asking “by what authority" he holds his office, and the mandamus is an action to compel the officer to discharge the duties which have been intrusted to him. This court also has the original jurisdiction in habeas corpus, where a person detained by law is brought before the court to decide if he has legally been deprived of his liberty. This court has also authority to issue all writs, writings or mandates commanding things to be done, necessary to execute its judicial duties. (Sec. 3.)
District Judges. - The Constitution made provision for three district courts (Sec. 20), and the Legislature of 1897 created the fourth district. (R. S. 1899, Sec. 3295.) These are known as judicial districts one, two, three and four. The first district is composed of Laramie and Converse counties; the second of Albany, Natrona and Fremont; the third of Carbon, Sweetwater and Uinta, and the fourth, the last one,
is formed from Johnson, Sheridan, Crook, Weston and Big Horn. The Judges presiding over these courts are known as District Judges, and are elected by the people of each judicial district for a term of six years, with a salary of three thousand dollars per annum. (Sec. 19, R. S., Sec. 3411.) The Constitution left the matter of compensation for the Judges of the Supreme and district courts to be regulated by the Legislature. A constitutional amendment will be voted upon at the general election of 1904, whether to increase these salaries of the Supreme Judges to five thousand and of the district judges to four thousand dollars a year.
Each judge holds court in all of the counties embraced in his district at least twice a year. (R. S., Sec. 3296; S. L. 1901, Chs. 6, 99; S. L. 1903, Ch. 55.)
The requirement for eligibility of Judges in this court are: that the applicant must be learned in law, a citizen of the United States, a resident of the State for two years and at least twenty-eight years of age. A Judge of the Supreme Court must be older, have practiced law longer, and lived in the State for a greater period than the district Judge. The Supreme Court is the last court to decide on a legal question and the greatest accuracy in the knowledge of law is required; longer years of experience are a safeguard, and a greater familiarity with our State laws is acquired by a longer residence within our borders. Appeals are taken directly from the district court to the Supreme Court, where the decisions which the lower court has given are either sustained or reversed by this higher court. A district judge may serve as a Supreme Judge when one of the Judges of the Supreme Court is interested in a case brought before this court. In this case the two remaining Judges select one of the district judges to act in the place of the absent Judge. (Sec. 6.) The district courts naturalize, or make citizens, of aliens. An alien is a foreigner, or one born out of the jurisdiction of the United States. A naturalized citizen is one who, although born in another country, is adopted by the United States. A citizen is one who owes perpetual allegiance to the State in which he resides. These district courts issue papers to the newly made citizens, and for the sworn allegiance give them the rights and protections of the native-born citizen.
One of foreign birth before he can become naturalized must have resided in the United States at least five years and have declared in a district court his intention to become a citizen at least two years before he takes out his final papers. (R. S. U. S. 1878, Ti. XXX.)
Cases brought from inferior courts, such as that of the Justices of the Peace, can be appealed to the district court. The district court has original jurisdiction; that is a case can have its first hearing before it, in all cases not given by law to other courts, and all cases in matters of law and equity, criminal cases and matters of probate and insolvency. (Art. V, Sec. 10.)
Cases of law and equity are those of a personal nature affecting one's rights, and criminal cases are those concerning the State, where an injury is done to the public by an act forbidden by the State. Cases of probate relate to estates left by those deceased, and cases in insolvency are those in which parties are not able to meet their debts and are bankrupt. This court has also the power to issue writs as in cases granted to the Supreme Court. (Sec. 10.)
(Sec. 10.) Each Judge has a clerk in all of the counties in which he holds court (Sec. 13) and he also has a court stenographer. The clerk is elected by the people, but the stenographer is appointed by the Judge.
The salary of the stenographer is one thousand dollars per year, and he serves the Judge in all the counties of that district. (S. L. 1903, Ch. 29.) If for any reason a Judge cannot hold court, he may request one of the other Judges to perform his duties. (Sec. II.) (See Attorney General
( and County and Prosecuting Attorney in Part III, Ch. XXI, offices created by the Legislature.)
Court Commissioners. — Judges of the district court may appoint commissioners having authority to make in their absence any order which a district Judge may do when not sitting in open court. They can administer oaths or take depositions and evidence.
Justices of the Peace. The board of county commissioners for each county establishes precincts in which Justices of the Peace preside when the punishment prescribed by law does not exceed a fine of $100 and imprisonment for six months in the county jail, subject to an appeal to the district court. Where the punishment exceeds such limitations, the Justice of the Peace sits as an examining magistrate and binds the accused to appear in the district court for trial, if there is probable cause to believe him guilty, and if not, he discharges him from custody. These Justices are elected by the people within their respective precincts. (Sec. 22, R. S., Sec. 4316.) Their term of office is for two years. They have authority and jurisdiction in civil actions where the amount in controversy does not exceed two hundred dollars. In these cases they have concurrent jurisdiction with the district court. They may administer oaths; take acknowledgments of writings; perform marriage ceremonies; issue subpænas for witnesses; compel witnesses to appear in their courts; issue attachments and executions on judgments and hear and determine cases of misdemeanor. (Art. V, Sec. 22, R. S., Secs. 4323, 4320.) In no case can a Justice of the Peace have authority over action involving titles to real estate or boundaries of same. (Sec. 22, R. S., 4324.) Appeals to this court may be taken to the district court of the county in which the precincts are located. (Art. V, Sec. 23, R. S., 4397.) No appeal is allowed where the matter in controversy is less than five dollars. (R. S., 4406.)
Boards of Arbitration. That there might be a protection through law to the rights of labor and that the laborer may receive proper reward for his service provision was made for legislative enactment on this subject. (Dec. R., Sec. 22.) The Legislature was empowered to provide for a board of arbitration, to which the laborer might voluntarily submit his claims. (Art. XIX, Board of Arbitration, Sec. 1.) The Legislature of 1901 authorized the Governor to appoint an arbitration commission. This commission of three members was appointed and directed to draft a bill for the constitution of a board of arbitration and report to the Legislature in 1903. This commission, composed of two representatives of labor and one of capital failed to make any report other than one to the Governor, which was to the effect that the labor representation and labor organizations did not care for the enactment of such a law.
The law as administered by these several courts has its foundation in the Declaration of Rights. No enactment of the Legislature or decision of the courts can deprive one of any of these protections and privileges granted in the declaration. Read carefully this portion of the Constitution. The freedom we enjoy to-day is embodied in Article I, and the privileges as set forth therein were granted through the results of the Revolutionary War. Life, liberty and property are made safe by it and cannot be taken from us without due process of law. Equality is established, the right of habeas corpus is given and the right is granted to defend ourselves by counsel in open court when accused. No person can be tried and sentenced twice for the same crime. Security is obtained from unreasonable search of one's person or house and effects. The penal code, or the law governing punishment of crime, is based on principles of reformation and prevention rather than on inhumane treatment. The people are allowed the right to petition the authorities for measures needed for their common good and