« AnteriorContinuar »
free speech is not denied. The legislative, executive, the judicial departments are organized and empowered in order that the provisions of the Constitution may be put in force. Special and distinct duties are assigned to each of these three departments. At times, however, these powers are interchangeable. The Legislature exercises judicial functions when it approves or disapproves of the appointments made by the Governor; the Senate also exercises judicial functions when it sits as a court to try cases of impeachment. The Governor exercises legislative power when he vetoes a bill.
1. What is the chief duty of the Justices of the Supreme Court of the State?
2. Compare the District Court with the Supreme Court. What Judicial District do you live in? Who are the Supreme and the District Judges from your county? Which officer of these two courts serves the longer term?
3. Has an attempt ever been made to make a constitutional amendment in reference to the Judges of the Supreme Court? Give reason for your answer.
4. What are the advantages of electing a judge for a long term rather than having one appointed for a short term?
5. What is the meaning of the term Jurisdiction?
Hinsdale, The American Government, Ch. LIII.
RELIGION, EDUCATION AND FRANCHISE.
The State cannot appropriate any money for a religious or sectarian society or institution, (Dec. R., Sec. 19.) The Legislature is prohibited from making an appropriation for denominational or sectarian institutions, (Art. III., Sec. 36.) No portion of the public school fund shall ever be diverted to support an institution of learning controlled by any religious organization. (Art. VII., Sec. 8.) Religious liberty is secured by our State Constitution and “no one shall ever be troubled or injured in person or property on account of religious worship.” (Ord., Sec. 2.) No religious test can be made in reference to the schools controlled by the State, nor shall attendance be required at any religious services, (Art. VII., Sec. 12.) The free exercise of religious worship shall forever be granted and no one can be prevented from filling an office of trust on account of his religious belief, (Dec. R., Sec. 18.) No instruction in religion of a denominational character is allowed in the State University or a sectarian test made in the selection of trustees or instructors or admission of students, (R. S., Sec. 491.) That there might be no misunderstanding as to the attitude of the members of the Constitutional Convention towards religious services in the State the expert testimony of the President of this Convention was asked for on this subject, and his interpretation was as follows: "The aim and object (of the Convention) was to establish religious freedom and equality and so prohibit legislation that would give controlling power to any sect. Means for the support of the public school system is contributed in like proportion by all people of the State, no matter what their religious belief or peculiarities. Entirely just, then, this section of our Constitution that prohibits the use of public funds, generally contributed alike by all, from being used to aid any particular sect or denomination ; but it will be observed that this section contains one other peculiar provision which reads as follows: "Nor shall attendance be required at any religious service therein.” Thus it is manifested that our Constitution-makers intended that there should be some religious service in the schools of the State but that no pupil should be required or compelled to attend or take part in these religious exercises. The parents can require their attendance at these religious services, or they can direct their children not to attend these services.
It is believed that the great mass of the people of our State desire some religious training in the schools of our State. The Constitution makers, therefore, believed it wise in the interest of good morals and the good order of society, to promote religious exercises in our schools that would be acceptable to the great mass of our people, but leaving it optional with the parents to restrict their children in attendance if they chose. This is believed to be the fair meaning and construction to the latter section,” (Dec. R., Sec. 18.)
Education—The general supervision of the public schools is entrusted to the Superintendent of Public Instruction, (Art. VII., Sec. 14.) Opportunities for education are considered one of the rights of citizens and the Legislature is empowered to make provision to advance all educational interests, (Dec. R., Sec. 23.) No distinction is made in the schools as to race, color or sex, (Art. VII, Sec. 1o.) Neither the Superintendent nor the Legislature can prescribe the text-books to be used in the schools, (Sec. II.) Wyoming has a system of free text-books in all the schools, (S. L. 1901, Ch. 38). Free education is given by the State to all children between the ages of six and twenty-one years. The Constitution provided that children must attend at least three years while they are between the ages of six and eighteen, (Art. VII., Sec. 9). The Legislative enactment