B 416972
MINIHININMIHAI
NY
11100
3111111llimit !
11111' tilllil
ANTES
arma
IN
BiHITTI
VERITAS
LIBRARY
OF THE
UNIVERSITY OF MICHIGAN
J111.11111111111tllibid. 1.1'1 11111MITI1H111,
hum
IMI
QUARUS MSN
Vanaume
11111111110|1.
ini
lifiillliliiflittiili!!
MIIIMIInitilinn
TAKATRINE
la
minit.HIHIRIT!!01!
|||||||||||||||||||||||||||||||||Ifr.
MITIMI MUHI.IN****MIN***Mierlinit'.IR
1011IM WIHMISIR
HINWHIMIN
THE GIFT OF
WiIIMARIIMT
w
wwah.state lib
Clinit
350,ना
102
SESSION LAWS OF 1905.
ERRATA.
The following corrections are printed so that they may be cul
apart and inserted in your session laws at page designated in order
to correct errors in printing.
Sam H. NICHOLS,
Secretary of State
Page 65, second line from top, "election" should read “ elec-
tors."
Page 118, fifteenth line from top, insert “due" after “ fees."
Page 118, seventeenth line from bottom, "hereinafter " should
read “herein before."
Page 160, fourth line of section 22, "losses” should read
« lesstes.
Page 165, ninth line of section 2, insert after "on" the follow-
2
ing: therein; and if in any factory, mill or workshop, any process
is carried on"
Page 205, fifteenth line of section 1, insert "or" before “by."
Page 217, in both titles, “Agricultural” should read “Apicul-
tural."
Page 244, second line of section 1, insert "savings" after "bank."
Page 282, first line of section 1, insert "dam or "after" or."
Page 312, fourth line from end of section 2, "quality" should
'
"
read "
“quantity."
Page 322, sixth line from top, “appointed" should read “ap.
propriated."
Page 324, seventh line from top, "county'' should read “ deputy."
Page 326, fourth line from top, insert “ until” after “only."
Page 341, tenth line from bottom, omit "to furnish to the fish
commissioner" and insert after “wheel," the following" "and the
said additional fee shall be paid."
Page 358, eighth line of section 7, insert after "providing," the
following: "for the survey, establishment and repair of certain
highways."
"
Items of appropriation bill passed by the legislature of 1903 and
vetoed by the governor, passed over the governor's veto by legis.
lature of 1905, and omitted in returning to Secretary of State by clerk
of the House.
For the rellet of Franklin oounty.
For the relief of Spokane county..
For the relief of Kittitas county
For the reliet of Thurston county
For the relief of Yakima county...
$5,884.42
6,887.06
8, 766.93
1,841.69
1,890.23
.
The above items were passed by the House notwithstanding the
veto of the governor on January 24th, 1905.
Passed the Senate January 26, 1903.
SESSION LAWS
OF THE
State of Washington
o
NINTH SESSION
1905
Compiled by Chapters, with Marginal Notes
By SAM H. NICHOLS
Secretary of State
PUBLISHED BY AUTHORITY
(Indexed)
C. W'. GORHAM, PUBLIC PRINTER
OLYMPIA
1905
STATE GOVERNMENT.
1905.
CAPITOL
OLYMPIA
EXECUTIVE OFFICERS
GOVERNOR
LIEUT. GOVERNOR
SECRETARY OF STATE
AUDITOR
TREASURER
ATTORNEY GENERAL
TERM COMMENCING 1905.
OFFICE OF GOVERNOR
ALBERT E. MEAD.... Governor.... Olympia
A. N. Brown....... Private Secretary. ... Olympia
BROWN
CHARLES E. Coon... Licut. Governor..... Pt. Townsend
OFFICE OF SECRETARY OF STATE
Sam H. Nichols... Secretary of State. ....Olympia
J. Thos. Hickey.... Asst. Sec'y of State... Olympia
OFFICE OF STATE AUDITOR
C. W. CLAUSEN..... Auditor of State ..... Olympia
F. P. JAMESON...... Deputy Auditor..... Olympia
OFFICE OF STATE TREASURER
GEORGE G. Mills... Treasurer of State... Olympia
C. E. MAYNARD..... Deputy Treasurer....Olympia
OFFICE OF ATTORNEY GENERAL
John D. ATKINSON... Attorney General...Olympia
A. J. FALKNOR. ...... Asst. Att'y Genl... Olympia
ERNEST C. MACDONALD Second Assistant
Attorney General. Spokane
Robert F. BOOTH.... Third Assistant
Attorney General. Seattle
OFFICE OF COMMISSIONER OF PUBLIC LANDS
E. W. Ross...... .Commissioner....... Olympia
H. P. Niles........ Asst. Commissioner. . Olympia
OFFICE OF SECRETARY OF STATE-INSURANCE DEPARTMENT
Sam H. Nichols...Commissioner of
Insurance, E.r-officio Olympia
JOHN H. SHIVELY.. Deputy Insurance
Commissioner...... Olympia
177521
.
B
.... Tacoma
DEPARTMENT OF PUBLIC INSTRUCTION
R. B. BRYAN........State Superintendent. Olympia
F. M. McCully..... Assistate State
Superintendent....Olympia
HENRY B. Dewey... Assistant State
Superintendent. ... Olympia
OFFICE OF ADJUTANT GENERAL
JAS. A. DRAIN...... Adjutont General.... Olympia
CAPT. John Kinzie, U. S. Army, Retired, Detailed by War
Dept. for duty with National Guard of Washington.
BUREAU OF LABOR
Chas. F. HUBBARD...Commissioner....... Olympia
C. F. Owen........ State Coal Mine
Inspector...
OFFICE OF STATE LIBRARIAN
J. M. Hitt...... State Librarian. ..... Olympia
C. Will SHAFFER... Asst. Librarian. .....Olympia
WILL
BUREAU OF STATISTICS
Sam H. NICHOLS. Commissioner Ex-officio. Olympia
Geo. M. ALLEN...Asst. Commissioner.... Olympia
BOARD OF CONTROL OF STATE INSTITUTIONS
M. F. KINCAID, Chairman..
Olympia
Jas. H. Davis..
Olympia
H. T. JONES..
Olympia
SUPREME COURT OF 1905.
WALLACE
Wallace Mount... Chief Justice........Olympia
R. O. DUNBAR...... Associate Justice. ....Olympia
MARK A. FULLERTON Associate Justice.... Olympia
HIRAM E. HADLEY.. Associate Justice. ... Olympia
Frank H. RUDKIN.. Associate Justice.....Olympia
Milo A. Root...... Associate Justice.... Olympia
HERMAN D. Crow... Associate Justice.....Olympia
C. S. REINHART..... Clerk...
Olympia
ARTHUR REMINGTON Reporter...
Olympia
SUPERIOR COURT JUDGES.
A. W. FRATER......
ARTHUR E. GRIFFIN.
Boyd J. TALLMAN...
King
.. Seattle
GEORGE E. MORRIS...
R. B. ALBERTSON..
MITCHELL GILLIAM.
.
.
W. H. SNELL.......
.
THAD HUSTON...... Pierce..... ... Tacoma
W. O. CHAPMAN...
MILES POINDEXTER..
Henry L. KENNAN.. Spokane.
HENRY
.... Spokane
W. A. HUNEKE.
DANIEL C. CAREY...... Stevens... .. Northport
Clarke, Skamania,
W. W. McCREDIE... Cowlite and
Klickitat.
.... Vancouver
Clallam
GEORGE C. HATCH... Jefferson
Island.... Pt. Angeles
Thurston and
O. V. LINN..
Masom...
Olympia
S. J. CHADWICK........Whitman. .Colfax
Geo. A. JOINER. Skagit and San Juan Anacortes
W.T. WARREN. Adams and Lincoln. Wilbur
Okanogan, Douglas,
R. S. STEINER.......
Chelan and
Ferry.
.. Waterville
JOHN B. Yakey........Kitsap... Pt. Orchard
W. W. BLACK.. Snohomish... Everett
JEREMIAH NETERER.... Whatcom.. Bellingham
Pacific
A. E. Rice....
Lewis
Wahkiakum...... Chehalis
Thos. H. BRENTS...... Walla Walla...... Walla Walla
Kittitas, Yakimia,
H. B. RIGG...
Franklin and
Benton. ...North Yakima
MASON IRWIN... .. Chehalis..
Montesano
Columbia
CHESTER F. MILLER.. Garfield
Dayton
.
S
Asotin....
MEMBERS OF THE SENATE, NINTH SESSION, 1905.
No.
Dist.
NAM.
COUNTIBS
REPRESENTED
KLSIDENC..
POLITICS.
Alma.
Republican
.
1
.
1
Rico.
Spokane.
Spokane.
Plast.
Spokano.
8pokano.
Pullman
Palonso.
Republican
Republican
Republicar
Republican
Democrat
Democrat
Republican
Repoblicas
.
.
8.
o
.
Pomeroy.
Republican
.
Connell.....
Republican
18.
{
Walla Walla.
Ellensburg.
Wepatcheo.
Odessa,
Republican
Repablican
Democrat
Republican
North Yakima....
Goldendale.
Vancouver.
Kalım..
•
+
Republican
Republican
Republican
Republican
Republican
Republican
Republican
Bepablican
1
Douglas..
1.... Dr J. I. Pogue..
Forry.
Okanogan.
2.... M. E. Stansellt..
Stereos.
. Dr. C. G. Browo. Spokano.
1. Walker A, Hory. Spokano.
6. ...E. O. Bratt.
Spokano.
6 Will G. Gravost,
Spokano.
7.... Huber Rashert.
Spokano.
G. B. Wilsont.
Whitman.
9 H. M. Boono..
Whitman.
Asotin.
10.... 8. 8. Russoll...
Columbia.
Gardeld.
Adam..
11.... C. T. Hutson...
Franklin.
Walls Walla.
12.... Fred N. Pauly.
Walls Walla.
J. P. Sharp*
Cholen.
Arthur Gunn.
Kittitai.
14.... Goo. A. Konnody.
Lincoln
Bonton.
18.... Walter J. Rood.
Yakimi.
Klictitat.
16 Geo. H. Bokort...
.
Skamania.
17.... E. N. Rand...
Clarko.
18.... A. Le Watson.
Cowlits.
Pacifc.
19 John T. Wolabt.
Walkiakum.
20.... J. A. Venous..
Lewis.
A.... J. R. O'Donnellt .
Ohehalis.
».... A. 8. Ruth.
Thurston.
Island..
28.... R. W. Condon..
Kitsap.
Moson.
Clallam.
2. ... Cyrus F. Olappt.....
24
Jederson.
San Juan
2... Carey L. Stowart.
Pierco..
28... W. E. Bronson.
Piorco.
n.... Walter Christian.
Plarco.
28..
Lincoln Davis..
Pierce.
29.... Samuel M. Lo Cronet. Pierce,
80.. Dr. J. J. Smitht.. King.
A. T. Van do Ventert.. King.
2.... Orvillo A. Tuckert.
King.
88... A. Homricht...
King.
84....
Wm. Hickman Mooret.
W. G. Pottst..
King
8.... Ritchie M. Kinneart King
87.... Edward B. Palmert King.
T. B. Sumper ....
Snohomisb.
89.... 8. T. Smitht..
Snohomish.
Emerson Hammort. Skagit..
41.... T. A. Hunter.
-
South Bend.
+
Winlock.
Elma..
Olympis.
•
+
0
+
ร
Port Gamblo....
Republican
3
Port Townsend ..... Republican
}
.
-
.
.
+
O
1
3
+
.
.
•
非
​.
n
8....
0
-
.
事
​Puyallap.
Tacoma.
Tecoi.
T.com..
Tacoma.
Enuncias
Duwamish.
Seattle.
Seattle.
Beattle,
Seattle.
Seattle.
Beattle.
Everott.
Maryuville.
Bodro-Woolley
Blaine..
Bellingbam.
Ropablican
Republican
Republican
Republican
Republican
Republican
Ropablican
Republican
Republican
Democrat
Republican
Ropublican
Republican
Ropublican
Republican
Ropublican
Republican
Domocrat
King
}
86...
-
+
.
.
1
►
.
1
1
40....
-
.
$
Whatcom.
12.... John Earlest.
Whatcom.
+ Holdover
* J. P. Sharp diod February 9th. Arthur Gunn olocted to sorro unox:
pired term.
MEMBERS OF HOUSE OF REPRESENTATIVES, NINTH SESSION, 1905.
No.
Dist.
HÁT.
COUNTILS
REPRESENTED.
KÜSIDENCI.
POLITICS,
1..
.
2.. {
8.. {\D. P. Bowers.
$
.
8.. {
.
7.
+
{
{
+
+
-
18..
.
+
.
.
16..
+
•
J. A. Kellogs...
N. J. Xaloney.
Jeno Huxtable.
.
Daniel Hoch..
W.D. Scott..
D. .
0. A. Ratclifo..
4.
John A. Fancher.
Goorge T. Crade.
N. E. Linsloy..
G. T. Doolittle.
6.
Jos. B. Lindsley
Peter McGregor
LoRoy stilson.
E. E. Smith..
8..
Q. O. Konoyor.
9 Dr. H. O. Fulton.
10.... W. 0. Long..
11. ...F. M. Woutherford.
12.... Wm. H. Weber.
W. M. Rudio...
E. R. Henderson,
14.... Frank Allon..
16.... J. D, Banett.
A. 8. Molchor
{
E. D. Reitor.
W. A. Boliager.
W. H. Hughes..
O.O. E. Dickson.
Andrew Olson..
Dr. W. H. Haro.
1o. A. Johnson.
21.... W. Cost..
2.. J. M. Stevenson.
A. X. Blaker ...
23..
E. A. Blackmoro.
2.... Olivor Byerly..
2x J. G. Nogler...
2. W. R. Williams.
Geo. H. Millor..
27.. Goo. McCoy..
J. A. Ulıb.
Robt. Ayor.
8. W. Fonton.
E. B. Bono.
E. L. Minard.
30.... Goo. La Davis,.
Goo. H. Vogtlio.
D. J. Dario...
F. Albert Bartlett.
Wm. Bishop, Jr.
8.... Walter J. Dyło.
Dr. J. H. Shoot..
Dr. 8. W. Roberts.
David Lovin.
Loo Van Slyko.
17...
18..
Stevens..
Stevens.
Spokane.
Spokano.
8pokano.
Spokane.
8pokano.
Spokane.
Spokano.
Spokano.
Spokano.
Spokano.
Whitman.
Whitman.
Whitman.
Whitman.
Asotin.
Qarfold.
Columbia.
Walls Walla.
Walls Walla.
Walla Walla
Franklio.
Adams.
Lincoln.
Lincolo..
Okanopan.
Douglas.
Kittitas.
Kittitai.
Yakima.
Yatims.
Klickitat.
Skamani..
Clarke.
Olarke.
Cowlits.
Wahkiaku
Pacifc.
Lowis.
Lewis.
Lewis.
Thurston.
Thurston.
Ohohalis.
Oheballs.
Obohalls.
Nason.
Kitaap.
Jeftorson
Jedorsa.
Olallam.
Plerco,
Pierco.
Pierco.
Pierco.
Northport..
Colville.
Spokano.
Spokano.
Spokano.
Latah.
Choney.
Manila.
Spokano.
Spokano.
Spokane.
Spokane.
Hooper.
Diamond
St. Joha.
Polouse.
Asotin..
Pomeroy.
Columbia,
Walla Walla
Walla Walla,
Waitsbar.
Kablotus.
Ritzvillo,
Edwall.
Davonport.
Mothow.
Hortlin.
Ellensburg.
Ellensburg
North Yakima
Sunnyside.
Goldondalo..
Bloronson.
Vancouver
Ridgofold..
Ostrindor.
Brookgold.
Ohinook.
Centralla.
Napavino.
Koumou.
Olympia.
Topido.
Aberdoon.
Elmi...
Hoquiam.
Shelton.
Bromorton,
Pt. Towsond.
Chimacum.
Pt. Angelor.
Buckley.
Fairfax.
Tacoma
Vaugha Bay.
Ropublican
Democrat
Republican
Republican
Republican
Repablican
Republican
Republican
Republican
Republican
Republican
Republican
Republican
Repablican
Republican
Republican
Ropoblicas
Repablican
Democrat
Republican
Republican
Republican
Republican
Republican
Ropublican
Ropoblican
Ropublican
Republican
Republican
Republican
Republican
Republican
Republican
Republican
Republican
Republican
Republican
Republican
Republicaa
Republican
Republican
Republican
Democrat
Republican
Republican
Republican
Ropublican
Ropublican
Republican
Republican
Republican
Republican
Republican
Republican
Republican
Republican
.
19..
20..
*
.
1
.
本
​鲁
​{
28..
29..
|
•
81....
....
.
88..
.
.
86..
3.. {
.
No.
Dist.
NAMI.
COUNTIES
REPRESENTED.
RESIDENCE.
POLITICS,
.
1
•
.
•
.
Piorco..
Piorco.
Pierco.
Piorco.
Pierco
Piorco.
King.
King.
King.
King.
King.
King.
King.
King.
King
King.
King.
King.
King.
King.
King.
King
King.
Snohomish.
Snohomish,
Snohomish
Snohomish.
*
!
.
.
鲁
​Fred Eidemillor.
87.. | Geo. T. Roid.
.
N. B. YcNicol..
88..
8. A. Orandall.
Josse Poyas...
..
Thos. Hamilton.
X. X. Horrill.
40.. Worloy W. Browa.
W. H. Olart.
Thos. Dobson.
41..
Jos. Invinc.
David YoVay.
12.
G. Erickson.
Frank A. Twitcholl.
48..
18
Ohas. E. Houston,
Jos. H. Davol..
H..
Jamos Woir.
Elmor E. Todd.
16..
Frank H. Rodick.
Jos. Lyons.
Ohsı. 8. Glosson.
Oalria E. Vilas.
Robert F. Booth.
J. A. Falconer..
A. L, Btrobridge.
B. H. Morga..
John A. Thonror.
80....K. P. Frosted...
N. J. Moldstad.
61.
R. Leo Brdloy.
J. O. Rudopo..
64..
...
Wm. Shults..
R. 8. Lambert..
88.. { Dr. W. O. Koyun
Ohu. I. Roth...
61.. L. N. Grifin.
86.... J. L. Harp«. ..
66....
Cha.. Johnson,
Tacons
Tacoma.
Tacoms.
Tacoma
Tocoms.
80. Tucoma.
Kon$.
Black Diamond.
Vachon.
Rontos.
8poqualmio
Bullard.....
Botholl.
Beattle.
Boattle.
Seattle.
Seattle,
Soattle.
Soattle.
Sostilo
Boattle.
Benttie.
Seattle
Eroott.
Evarott.
Spohomish
Robo...
Otualady.
Mt. Vernon.
Anacortes
La Cooper.
Roche Harbor.
Sumu.
Forndale.
Bellingham.
Bollingham.
Ropublic..
Lakosido..
Republican
Republican
Ropablican
Republican
Republican
Ropublican
Republican
Republican
Republican
Republican
Ropublicas
Republican
Republican
Republican
Republican
Republican
Republican
Ropablican
Ropoblican
Republican
Ropoblican
Ropublican
Republican
Republican
Republican
Republican
Rapoblican
Republican
Ropoblicas
Republican
Ropoblican
Republican
Republican
Ropublicas
Repablican
Republican
Democrat
Republican
.
46..
47.. }
-
48..
.
.
49..
Island....
0
.
+
}
.
•
.
.
Skagit.
Skagit.
Skagit.
San Juan,
Whatcom.
Whatcom.
Whatoom.
Wbatcom.
Forry.
Obeles
.
1)
.
-
.
E
Laws of Washington.
CHAPTER I.
(8. B. No. 25)
LEGISLATIVE EXPENSES.
AN ACT appropriating the sum of eighty thousand dollars or 80
much thereof as may be necessary, for the expenses of the
Ninth Legislature.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That there be and there is hereby appropri-
ated out of the funds of the State of Washington, the sum
of eighty thousand dollars ($80,000), or so much thereot
as may be necessary, to be used for the purpose of the
Ninth Legislature of the State of Washington.
Passed the Senate January 11, 1905.
Passed the House January 11, 1905.
Approved by the Governor January 13, 1905.
CHAPTER 2.
(8. B. No. 189—8ession of 1903)
FOR THE RELIEF OF E. G. BICKERTON.
AN ACT for the relief of E. G. Bickerton for services as a licensed
auctioneer in the matter of the sale of certain school lands in
King County, and making an appropriation therefor.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That the sum of two thousand dollars ($2,-
000.00) be and the same is hereby appropriated out of the
Appropris.
State treasury, from any funds not otherwise appropriated, tion.
.
12
SESSION LAWS, 1905.
to pay E. G. Bickerton, a licensed auctioneer, for services
rendered as such auctioneer in selling certain school lands
in King County, Washington, at the special instance and re-
quest of the County Commissioners of said County.
SEC. 2. The State Auditor is hereby authorized to draw
a warrant on the State Treasurer for the said sum of two
thousand dollars ($2,000.00) in favor of the said E. G..
Bickerton and said Treasurer is hereby directed to pay said
warrant out of any funds in the State treasury not other-
wise appropriated.
Passed the Senate March 6, 1903.
Passed the House March 11, 1903.
NOTE BY THE SECRETARY OF STATE: "The above act was votoed
Pusod ovor
voto of 1908. by the Governor on March 21, 1903, and Aled in this once. Samo
was referred to the Legislature at its olnth session, January 9,
1905.
SAM H. NICHOLS,
Secretary of Stato.
NOTE BY PRESIDENT OF THE SENATE: Passed the Senate, over the
Governor's veto, January 16, 1905.
CHARLES E. COON,
President of the Senate.
NOTE BY SPEAKER OF THE HOUSE OF REPRESENTATIVES: Passed
the House over the Governor's veto, January 18, 1906.
JOSEPH G. MEGLER,
Speaker of the House of Representatives.
CHAPTER 3.
(8. B. No. 85-Session of 1908)
FOR THE RELIEF OF THE PUGET SOUND SAW MILL AND
SHINGLE COMPANY.
AN ACT for the relief of the Puget Sound Saw Mill and Shinglo
Company for money paid on a contract for the sale of tido
lands, and making an appropriation therefor.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That there be and hereby is appropriated out
of any money in the State treasury not otherwise appropri-
ated, the sum of four hundred and fifty and 39-100 dollars
Appropris.
tion.
SESSION LAWS, 1906.
13
($450.39) for the relief of said Puget Sound Saw Mill and
Shingle Company, and the State Auditor is authorized to
draw a warrant on the State Treasurer for said amount in
favor of said Puget Sound Saw Mill and Shingle Company,
and said State Treasurer is hereby authorized to pay the
same out of any money in the State treasury not otherwise
appropriated.
Passed the Senate February 18, 1903.
Passed the House March 11, 1903.
NOTE BY THE SECRETARY OF STATE: The above act was vetood
Pomod over
by the Governor on March 21, 1903, and Aled in this once. Samo veto of 1908.
was referred to the Legislature at its oloth session, January 9,
1906.
SAM H. NICHOLS,
Secretary of State.
NOTE BY PRESIDENT OF THE SENATE: Passed by the Senate,
over the Governor's veto, January 16, 1905.
CHARLES E. COON,
President of the Senate.
NOTE BY SPEAKER OF THE HOUst or REPRESENTATIVES; Pagged
by the House, over the Governor's veto, January 18, 1905.
JOSEPH G. MEGLER,
Speaker of the House of Representatives.
CHAPTER 4.
(8. B. No. 6)
REPEALING ACT OF 1899, RELATIVE TO RETRACTION OF
LIBEL,
AN ACT repealing Chapter LIX, Session Laws of 1899, samo
being an act entitled "An act relating to the law of Ilbel and
providing for opportunity of retraction of libel," and declaring
an emergency.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That Chapter LIX of the Session Laws of
1899, same being entitled "An act relating to the law of
libcls and providing for opportunity of retraction of libels,”
be and the same is hereby repealed.
Sec. 2. An emergency exists and this Act shall take ef- Emergency.
fect immediately.
Passed the Senate January 17, 1905.
Passed the House January 18, 1905.
Approved by the Governor January 19, 1905.
14
SESSION LAWS, 1905.
CHAPTER 5.
(8. B. No. 49)
INCREASING NUMBER OF JUDGES OF SUPREME COURT
FROM FIVE TO SEVEN.
AN ACT to increase the number of judges of the Supreme Court
or the State of Washington, relating to the powers of said
Court, and declaring an emergency.
Number
Quorum.
Vacancies
Be it enacted by the Legislature of the State of Washington:
SECTION 1. The Supreme Court, from and after the
passage of this act, shall consist of seven judges.
Sec. 2. A majority of the judges shall be necessary to
form a quorum and to pronounce a decision, but the Court
may provide for any number not less than a quorum to sit
from time to time for the hearing of causes: Provided,
That when a cause lias been presented to a less number than
all of the judges and four of the judges so sitting cannot
agree on a decision, the parties to the action shall be notified
and they shall have the right to resubmit it to the full Court
under such rules as the Court may provide.
Sec. 3. The vacancies existing in the office of the two
additional judges hereby provided for shall be for the term
cominencing from and after the second Monday in January
of the year 1903, and ending on the second Monday in Jan-
uary in the year 1909, and upon the taking effect of this
act shall be filled by appointment by the Governor, and the
judges so appointed shall hold their office until the next gen-
eral election and until their successors are elected and quali-
fied, but the persons so elected shall hold their offices only
for the remainder of the unexpired term herein provided
tor, so that at the election of judges for the term commenc-
ing from and after the second Monday in January, 1909,
three judges shall be clected for the full term of six years
and likewise every six years thereafter.
Sec. 4. An emergency exists and this act shall take effect
immediately.
Passed the Senate January 18, 1905.
Passed the House January 18, 1905.
Approved by the Governor January 19, 1905.
Emergency.
SESSION LAWS, 1905.
15
CHAPTER 6.
(8. B. No. 15)
TO PROVIDE FOR STATE EXHIBIT AT LEWIS AND CLARK
FAIR AT PORTLAND, OREGON, IN 1906.
AN ACT to provide for the collection, exbibition and maintenance
of the products of the State of Washington at the Lewis and
Clark Centennial and American Pacific Exposition and Oriental
Fair, 1905, at Portland, Oregon, making an appropriation
therefor, and repealing Chapter One Hundred and Eighty-eight
(188) of the Session Laws of 1903, and declaring an emergency.
,
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That for the purpose of exhibiting the re-
sources, products and general developments of the State of
Washington at the Lewis and Clark Exposition at Portland,
Oregon, in 1905, there is hereby created a commission known
as the Lewis and Clark Exposition Commission of the State
of Washington. Such Commission shall be non-partisan,
and shall contain not more than seven (7) members who
shall be appointed by the Governor, and all shall be residents Governor to
appoiat.
of this State. They shall hold their office from the date of
appointment to January 1, 1906, unless sooner removed for
cause, by the Governor, and in case of such removal, or
their death or inability or refusal to act, their successors shall
be appointed by the Governor.
Sec. 2.
Each of said Commissioners hereby appointed
shall serve without salary, but shall be allowed his actual
Compensation.
necessary expenses incurred in attending meetings of said
Conimission in the discharge of his duties, to be paid out of
the nioney hereinafter appropriated, upon vouchers approved
by the Cominission.
Sec. 3. The members of said Board of Commissioners
shall meet subject to the call of the Governor within five (5) Meoting of
days after this act becomes a law at such time and place as
he may designate, and shall select from its members a presi-
dent and secretary who shall keep a record of its proceedings.
They shall fix the salaries of all persons employed by them
in collecting, installing and displaying the exhibit herein
provided for, such salaries to be paid out of the fund here-
inafter appropriated. They shall cause to be kept double
board.
16
SESSION LAWS, 1905.
reports.
Executivo
bond of
Accounts and entry accounts together with complete vouchers covering
every financial transaction involving the disbursement of the
fund hereinafter appropriated, and at the close of the Expo
sition period shall report to the Governor of the State of
Washington a complete summary of their administration,
and detailed statement of disbursements made. They shall
appoint an Executive Commissioner who shall be a citizen
Commissioner of the State of Washington. The said Executive Commis-
sioner shall be and is hereby authorized and empowered to
assume and exercise all powers and functions necessary to
secure, install (and) maintain a complete and creditable dis-
play of the resources, products and interests of the State
of Washington at the said Exposition. The said Executive
Commissioner shall have direct charge of the solicitation,
collection, transportation, installation and exhibition of all
materials sent under authority of the State to the said Expo-
sition, and during the term of his office shall have authority
over the employees and assistants engaged in assembling,
installing and displaying the said exhibit. He shall make
Roport und
report to the Commissioner (Commission) as often as re-
Commissioner. quired, and shall hold office at the pleasure of the said Com-
niission. The said Executive Commissioner shall be required
to furnish a surety company bond in favor of the Treasurer
of the State of Washington, conditioned that he will faith-
fully perform all the duties appertaining to his office and
will faithfully account for all funds coming into his hands
as such Executive Commissioner, bond to be approved by the
said Commission, in the sum of ten thousand dollars
($10,000), or such greater sum as the Commission may
require.
SEC. 4. All State bureaus, including the Bureau of Min-
Commission. ing. Horticulture, Agriculture, Fisheries and others, are
authorized and directed to co-operate with said Washington
and Lewis and Clarke Commission and to forward to the
Lewis and Clark Exposition all the collections and cabinets
belonging to the State.
Sec. 5. After the close of said Exposition, the said Ex-
ecutive Commissioner, or in case the term of office of the
members of the State Commission has expired, then the
Governor shall have the power to sell such exlibits as the
State may have interest in, and which is proper to dispose
of to the best advantage of the State, and shall deposit the
proceeds in the general fund of the State treasury; and shall
State burosus,
etc., to assist
Sale of
exbibits.
SESSION LAWS, 1906.
17
Caround
exbibit, bo-
St. Louis
.
also return to the owners such exhibits as may be loaned
for exhibition purposes, free of cost to said owners.
Sec. 6. All counties, districts or individuals desiring to
send articles to said Exposition, may do so by having the
same delivered in good order for shipment at a place or
places to be designated by the Executive Commissioner,
where they shall be received by him and carefully stored storice of
until the proper time for shipment to such Exposition, and foro shipment.
such Executive Commissioner shall forward all such articles
as shall be deemed worthy of exhibition to Portland, Ore-
gon; the freight or expense charges to and from Portland
shall be paid out of the fund hereinafter appropriated.
Sec. 7. The Commissioners appointed to make an exhibit
of the resources of the State of Washington at the Louisiana
Purchase Exposition at St. Louis, in 1904, are hereby au- exhibit, to
thorized and directed to save all suitable exhibits from the
State of Washington, and to turn the same over to the
Comunission herein created for the purpose of having the
same used as a part of the exhibit by this State at the said
Lewis and Clark Exposition.
Sec. 8. To carry out the purpose and provisions of this
Appropriation
act the sum of seventy-five thousand dollars ($75,000.), or
so much thereof as may be necessary, is hereby appropriated
out of any money in the treasury not otherwise appropri-
ated. The State Treasurer is hereby directed to pay the
money to the Executive Commissioner from time to time
upon the requisition of the State Commission by its president
and secretary and approved by the State Auditor.
Sec. 9. The Governor of the State shall issue a commis-Tumance of
sion as provided for in Section 15, Article III, of the State.
Executivo
Commissiodor.
Constitution, to the person selected for Executive Commis-
sioner of the Lewis and Clark Exposition.
SEC. 10. Chapter one hundred and eighty-eight (188) of
Repoal.
the laws of 1903, as approved March 21, 1903, is hereby re-
pealed.
SEC. 11. An emergency exists and this act shall take Emergency.
effect immediately.
Passed the Senate January 20, 1905.
Passed the House January 23, 1905.
Approved by the Governor January 25, 1905.
a
commission
to
18
SESSION LAWS, 1905.
CHAPTER 7.
(H. Sub. Bill No. 30%Session of 1003)
PROVIDING FOR THE ESTABLISHMENT AND REPAIR OF
CERTAIN STATE HIGHWAYS.
AN ACT providing for the survey establishment and repair of
certain State bighways, and making an appropriation therefor.
salary and
bond of Com.
way .
Be it enacted by the Legislature of the State of Washington:
Appointment SECTION 1. There shall be appointed by the Governor a
qualifications,
Highway Commissioner who shall hold office for two years.
missioner. Said Commissioner shall be a capable and experienced civil
engineer and surveyor. He shall receive an annual compen-
sation of two thousand five hundred dollars and shall be
allowed his actual traveling expenses while officially em-
ploved not to exceed one thousand dollars in any one year
and shall be allowed his office expenses not to exceed fifteen
hundred dollars in any one year. He shall give bond in the
sum of five thousand dollars conditioned for the faithful per-
formance of his duties.
Sec. 2. The State Auditor, the State Treasurer and the
Highway Commissioner shall for a period of two years froin
State High the appointment of said Commissioner compose a State
Highway Board.
Sec. 3. The Commissioner shall be furnished with a suit-
able office in the Capitol Building in connection with the
Commissioner. State Land Commissioner, where his records shall be pre-
served, and which said office shall be kept open at such times
as the business of the Commissioner shall require. He shall
keep a record of all proceedings and orders pertaining to
the matters under his direction and copies of all plans, speci-
fications and estimates submitted to him. The Commissioner
shall prepare and submit to the ninth regular session of the
Legislature of the State of Washington a report of his
doings.
Apportion
Sec. 4. Immediately upon the appointment of said Com-
missioner the said Highway Board shall decide what propor-
tion of the amount appropriated for each of the roads here.
inafter described shall be expended within the boundaries
of each of the several counties through which it is proposed
Once with
State Land
ment by
Counties.
SESSION LAWS, 1906.
19
to pass, and shall so notify the County Commissioners of
the several counties.
SEC. 5. Upon receipt of the said notice the County Com-
missioners of each of the said counties shall, unless such
highway has been heretofore surveyed, direct a survey to Survey and
plat.
be made of the entire length of said highway in said county;
and ihey shall also have the same mapped, both in outline and
in profile and shall also have plans and specifications pre-
pared for the construction or the repair of said highway.
Such maps, plans and specifications shall be thereupon sub-
mitted to the Highway Commissioner and no portion of the
appropriation hereinafter made shall be expended upon said
road until the said Highway Board shall have declared said
road feasible and the Highway Commissioner shall have ap-
proved said outline and profile maps and said plans and
specifications for the entire length of said road in said
county; nor until the County Commissioners of said county
secure ile dedication or condemnation of such right-of-way
for said highway as the Highway Board shall designate, and
shall provide for the expenditure upon said road within said
county from the county funds of a sum equal to one-half the County to
amount of the said appropriation to be expended by the equal to yo.
.
State, exclusive of expense incurred in connection with the
survey; the preparation of maps, plans and specifications
and the supervision and inspection of said highway, it being
the intention of this act that the entire amount appropriated
for highways and an amount equal to one-half of each appro-
priation shall be expended in actual construction work under
contract on said road.
Sec. 6. Upon the approval of the above mentioned maps,
plans and specifications, it shall be the duty of said County
Commissioners to call for bids for the construction of said Bids-call for.
highway or such sections thereof as the Highway Board
shall designate, according to the maps, plans and specifica-
tions heretofore mentioned. Calls for said bids shall be made
by publication in the official county paper, and also in some
daily paper of general circulation in the State to be desig-
nated by the said Highway Commissioner, for not less than
three consecutive weeks prior to the time set by said Com-
missioners for the opening of said bids. The said Highway
Commissioners shall meet with the said County Commission-
ers on the occasion of the opening of said bids and no con- Opening of
tract entered into for the construction of said road shall be
e
bid
20
SESSION LAWS, 1905.
.
bidder.
Forfeit of
chock by
contractor.
tion.
binding upon the State without the approval of said Com-
missioners. The said Highway Commissioner or the County
Commissioners shall have the right to reject any and all bids
if in their opinion good cause exists therefor, but otherwise
shall award the contract to the lowest bidder. The Highway
Bond, ofmo: Commissioner shall require a bond from the successful bid-
der in the full amount of the contract conditioned upon the
faithful perforniance of the contract according to law. Each
bidder shall deposit with his bid a certified check in an
amount equal to ten per cent. of the amount of his bid.
Should the bidder to whom the contract is awarded fail to
enter into a contract and furnish the bond hereinbefore pro
vided within five days after the notice of such award, the
amount of such check shall be forfeited to the road and
bridge fund of said county.
Sec. 7. For the purpose of carrying into effect the pro-
Appropria.
visions of this act there is hereby appropriated out of any
funds in the State treasury not otherwise appropriated the
sum of one hundred and ten thousand dollars ($110,000);
ten thousand dollars ($10,000) to be for salary and expenses,
and one hundred thousand dollars ($100,000) to be appor-
tioned as hereinafter provided, to-wit: (1) For complet-
ing the wagon road authorized by an act entitled "An act
providing for the survey and establishment of a State road;
creating a commission; defining its duties and making an ap-
propriation therefor, and declaring an emergency," approved
March 18, 1897, one-half of the following named sum to be
expended on the road provided for by the above entitled act
as established between a point on the west side of Section
nine (9) in Township nineteen (19), north, of Range seven
King County. (7), east of W. M., in King County, Washington, and the
summit of the Cascade mountains, and the other one-half
shall be expended along the line of said road as surveyed
and established from that point where it intersects the
County road at Natchez river to the summit of the Cascade
mountains, the sum of $13,500.
Ferry and (2) For building a State road in Stevens and Ferry
Counties, as follows, to-wit: Commencing at the town of
Newport, Stevens County, Washington, and following the
road to "Lucke," then following the west bank of the Pend
di Oreillc river to Ione, thence up Little Muddy Creek to
the head of same, thence by the most practical route to the
Deep Creek County road, thence down said road to the City
Storons
Oountio..
SESSION LAWS, 1905.
21
of Northport, Stevens County, Washington, situate on the
east bank of the Columbia river to the west bank of same,
thence following the west bank of the Columbia river in a
southwesterly course to Little Dalles, a distance of six miles,
thence west five miles to Lee & Miller's store on Flat creck,
thence up Flat creek in a northerly direction to the Big Iron
mine, a distance of about ten miles, thence down Pierre creek
ten miles to Pierre Lake, thence in a westerly course about
four miles to rock cut in Stevens County, Washington,
thence across Kettle river on the County road in a northerly
direction to Orient in Ferry County, Washington, a distance
of about three miles, the sum of $6,000.
(3) For building a State road in Chelan and Skagit Chelan and
Skadt
Counties as follows, to-wit: Beginning at a point where the Counties
:
present wagon road running north from Leavenworth to
Lake Wenatchee in Chelan County, crosses the north boun-
dary line of the north-west quarter of Section 5, Township
26, north, Range 18, east, W. M., and running thence in a
northerly direction up the Chiwak river by the most feasible
route to the mouth of Buck creek; thence up Buck creek by
the most feasible route to the summit of the Cascade moun-
tains; thence over said summit to the headwaters of Suiattle
creek in Snohomish County; thence over and along and ovci
the most practicable and feasible route to connect with the
Sauk-Darrington County road in Skagit County, the sum of
$4,000.
(4) For building and repair of a State road and bridges
in Ferry and Okanogan Counties, as follows, to-wit: Begin- Perry and
Okanogan
ning at the mouth of the Sans Poil creek on the Columbia Counties.
river, thence up said creek to the City of Republic in Ferry
County, Washington, and thence from said City of Republic
to the town of Loomis, in Okanogan County, Washington,
the sum of $6,000.
(5) For the building of a State wagon road in Yakima Yakims and
and Lewis Counties, as follows, to-wit: Beginning at a Countion
point in the center of the public highway running from
the town of Napavine to Klickitat prairie in Lewis County,
Washington, at the point nearest to the south-east corner of
Section 10 in Township 12, north of Range i, east of Wil-
lamette meridian, and running thence by way of Klickilat
prairie and Riffe Postoffice in a generally easterly course
up the Cowlitz river and its tributaries to the summit of the
Cascade mountains at the Cowlitz pass, thence easterly to
Lowo
22
SESSION LAWS, 1905.
Whatcom and
Skagit
Countios.
Kittitas
Counties,
a
Klickilat,
Skamania
and Clarke
Countits.
wards the town of North Yakima to a point in Yakima
County, intersecting with a public highway leading to the
town of North Yakima, said road to be known and desig-
nated as the Cowlitz Pass State road, the sum of $26,000.
(6) For the building of a State wagon road in Whatcom
and Skagit Counties as follows, to-wit: Commencing on the
public road at a point one mile north of that point where
the same intersects the north line of Skagit County in Section
6, Township 36 north, Range 3 east, W. M., running thence
southerly to [by] the most practicable route to connect with
the public road at Blanchard Slough in Skagit County, a dis-
tance of seven miles, the sum of $6.000.
(7) For the rebuilding, repair and improvement of the
old wagon road through the Snoqualmie pass from North
King and
Bend in King County to Easton in Kittitas County, the
sum of $7,000.
(8) For the building of a State wagon road in Klickitat,
Skamania and Clarke Counties as follows: Beginning at
Lyle, in Klickitat County, Washington, and running thence
westerly by the most practicable course along the north bank
of the Columbia river and above high water mark, at Wash-
ougal, in Clarke County, Washington, the sum of $15,000.
Jolterson,
(9) For building a wagon road in Jefferson, Clallam and
Chehalis Counties as follows, to-wit: Beginning at the
-
City of Montesano, in Chehalis County, Washington, run-
ning westerly to Aberdeen, thence continuing to Hoquianı;
thence northerly over the county road to Humptulips; thence
northerly to Quinault postoffice; thence northerly to Bogat-
ciel, in Jefferson County; thence northerly to the forks in
Clallam County; thence northeasterly over the county road
to Pysht; thence easterly to a connection with the county
road Icading westerly from Port Angeles, in Clallam County,
Washington, on the best and most practicable route to Port
Angeles, Washington, the sum of $13,500.
(10) For repairing and improving the State road from
the lower bridge on Wenatchee river, in Chelan County, to
the mouth of Johnson creek on the Okanogan river, Okano-
gan County, the sum of $3,000.
Scc. 8. The respective Boards of County Commissioners
Examination shall examine and allow or disallow all bills and shall certify.
County
all claims to the Highway Commissioner who shall examine
and approve or disapprove same, and certify all claims
approved to the State Auditor, and the County Auditor who
Clallam and
Chehalia
Counties.
Chelan and
Okaporan
Countie..
of bills by
Commis're.
+
SESSION LAWS,
AB
23
upon receipt of same are he-
ebt-
48 to indebt.
..chy authorized to draw their
several warrants on the scale Auditor (Treasurer) for two
)
thirds the amount of, and the County Auditor (Treasurci)
for one-third of each claim so approved by said Highway
Commissioner, and the State and County Treasurers upon
presentation are hereby respectively authorized to pay said
warrants: Provided, That no indebtedness shall be incurred Proviso,
m the building or repair of any of said above described edness.
roads.
Passed by the House March 11, 1903.
Passed by the Senate March 12, 1903.
NOTE BY THE SECRETARY OF STATE: Vetoed by the Governor
and filed in the ofice of the Secretary of State, March 21, 1909 vatn 08 1908.
Referred to Ninth Legislature.
SAM H. NICHOLS,
Secretary of State
Passed the House, over the Governor's veto, January 24,
1905
Passed over
NOTE BY SPEAKER OF TAE HOUSE OF REPRESENTATIVES: Passed
the House, over the Governor's veto, January 24, 1905.
JOSEPH G. MEGLER,
Speaker of the House of Representatives.
NOTE BY THE PRESIDENT OF THE SENATE: Passed the Senate,
over the Governor's veto, January 26, 1906.
CHARLES E. COON,
President of the Senate.
CHAPTER 8.
(H. B. No. 122--Session of 1903)
FOR THE EXTERMINATION OF COYOTES AND WOLVES.
AN ACT to provide for the extermination of coyotes and wolves
in the State of Washington, and for the payment of bounties
for such extermination, and making an appropriation therefor.
Be it enacted by the Legislature of the State of Washington:
Section 1. Any person who shall kill and destroy any
coyote or wolf in the State of Washington shall be entitled
to a bounty therefor in the sum of one ($1.00) dollar for Amount of
each of said animals Will
24
SESSION LAWS, 1905.
Audi.
take
01.im of
SEC. 2. Upon the production to the County Auditor of
any County by any person of the scalp or scalps of any
coyote or wolf killed in such County, each of which scalps
shall show two ears, eye-holes and skin to tip of nose, the
Count And County Auditor shall take proof by affidavit, that each of such
proof.
coyotes or wolves were killed in such County, and thereupon
it shall be the duty of such County Auditor to issue and deliv-
er to such person his warrant on the current expense fund
of such County for the sum of one ($1.00) dollar for each of
such scalps, and shall take and preserve a voucher therefor
showing the number of scalps so produced, the amount paid,
and the date each of said animals were killed, which voucher
shall be signed by the person to whom said bounty is paid.
Sec. 3. Any person claiming any such premium shall
person killing.
produce such scalp or scalps to the County Auditor of the
County in which such wolf or coyote shall have been killed,
within three months after such killing, and shall take or sub-
scribe the following oath before such Auditor. "I do
solemnly swear that the scalp or scalps here produced by
me this..........day of.... .are of a wolf or coyote
(as the case may be, giving the number) killed in the County
of....
.... State of Washington, and that said animal
(or animals) was (or were) killed not prior to......
To which the Auditor shall append the usual jurat, sub-
scribed to by himself or deputy.
It shall be the duty of the County Auditor forth-
scalpe.
with to destroy such scalps in the presence of a reputable
witness.
Sec. 5. The amount paid by any County for scalps under
this act, shall be credited to it by the State Auditor, upon re-
ceipt by the State Auditor of a sworn statement] from the
County Auditor as to the amount of warrants issued under
the provisions of this act in said County, which statement
shall be rendered to the State Auditor by each County Audi-
tor quarterly and the State Auditor shall make a charge
against the general fund of the State for any such credits.
Provided, That the credits herein provided for, shall not ex-
appropriation.
cecd fifty thousand ($50,000) dollars.
Sec. 6. Any person or persons offering, for the purpose
of obtaining said bounty, the scalp of any coyote or wolf
that have been killed prior to the passage of this act, or that
were killed outside of the boundaries of the State of Wash-
Destruction of
SEC. 4.
Amount of
SESSION LAWS, 1906.
25
violation.
ington, shall be deemed guilty of a misdemeanor and upon
conviction thereof shall pay a fine of not less than ten dol- Penalty for
lars, and of not more than fifty dollars, for first conviction
and for any subsequent conviction for same offense shall be
fined not less than one hundred dollars nor more than five
hundred dollars for each such offense, together with all costs
attending such suit, one-half of such fines to be paid to the
informer and the other half into the general school fund of
the County wherein such conviction was obtained.
Sec. 7. All acts and parts of acts in conflict herewith are Ropeal.
.
repealed.
Passed by the House February 19, 1903.
Passed by the Senate March 11, 1903.
NOTE BY THE SECRETARY OF STATE: The above act was vetoed
Passed ovor
by the Governor on March 21, 1903, and Aled in this ofice. Same roto of 1908.
was referred to the Legislature on January 9th, 1905, at its Ninth
Session.
SAM H. NICHOLS,
Secretary of State.
NOTE BY SPEAKER OF THE HOUSE OF REPRESENTATIVES: Passed
by the House, over the Governor's veto, on March 24, 1905.
JOSEPH G. MEGLER,
Speaker of the House of Representatives.
1
NOTE BY PRESIDENT OF THE SENATE: Passed by the Sepate,
over the Governor's veto, on January 26, 1905.
CHARLES E. COON,
President of the Senate.
1
26
SESSION LAWS, 1905.
CHAPTER 9.
(8. B. Yo. 12)
PROVIDING FOR AN ADDITIONAL SUPERIOR JUDGE FOR
KING COUNTY.
AN ACT providing for six judges of the Superior Court of the
State of Washington, in and for King County, and ixing the
term of omce of the additional judge appointed, and providing
for the election of a judge at the general election in November,
1906, and providing for the election of six Judges at the general
election in November, 1908, and every four years thereafter,
and declaring an emergency.
Biz judgor.
Govornor to
appoint.
Election of
1908.
Be it cnacted by the Legislature of the State of Washington:
SECTION 1. That hereafter there shall be six Judges of
the Superior Court of the State of Washington in and for
King County
SEC. 2.
The Governor shall, upon the taking effect of
this act, appoint one additional Judge for said Superior Court
who shall hold his office from the time of his appointment
until his successor is elected and qualified, which said suc-
cessor shall be elected at the general election in November,
1906.
SEC. 3. That at the general election in November, 1908,
there shall be elected six Judges of the Superior Court of the
State of Washington in and for King County, whose term of
office shall be four years from the second Monday in Janu-
ary, 1909, and every four years thereafter, there shall be
elected, at the succeeding general elections, six Judges of
said Superior Court.
SEC. 4. An emergency exists and this act shall take
effect immediately.
Passed the Senate January 19, 1905.
l'assed the House January 31, 1905.
Approved by the Governor February 3, 1905.
Emorgoncy.
SESSION LAWS, 1905.
27
CHAPTER 10.
(H. B. No. 67)
AMENDING BALLINGER'S CODE RELATIVE TO COSTS IN
JUSTICE COURTS.
AN ACT amending Section 6661 of Ballinger's Annotated Codes
and Statutes of Washington, same being Section 2904 of
Pierce's Wasbington Code, relating to security for costs in
Justice Courts.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That Section 6561 of Ballinger's Annotated
Codes and Statutes of Washington, same being Section
2904 of Pierce's Washington Code, be and the same is, hcre-
by amended to read as follows: Section 6561. Whenever
the plaintiff is a non-resident of the County, the Justice
may require of him security for the costs in a sum not ex-
ceeding fifty dollars at the time of the conimencement of
the action. Provided, however, That after an action has
been commenced by a non-resident plaintiff and no security
given for costs, the defendant may require such security by
motion; when allowed all procedings shall be stayed until
such security has been given.
Passed the House January 25, 1905.
Passed the Senate February 1, 1905.
Approved by the Governor February 3, 1905.
CHAPTER 11.
(8. B. No. 71)
RELATING TO ORGANIZATION AND MANAGEMENT OF
PRIVATE CORPORATIONS.
1
AN ACT to amend Section 4251 of Ballinger's Annotated Codes 4251 Bal.
lingor.
and Statutes of Washington (Pierce's Washington Code, Sec 7034 Pierce.
tion 7054) relating to the organization and management of
private corporations, and declaring an emergency.
Bc it enacted by the Legislature of the State of Washington:
Section 1. That Section 4251 of Ballinger's Annotated
Codes and Statutes of Washington (Pierce's Washington
Code Section 7054) relating to the organization and man-
28
SESSION LAWS, 1905.
Amondmont.
whero
what
contain
agement of private corporations, be amended to read as fol-
lows:
Section 4251. Any two or more persons, who may desire
to form a company for one or more of the purposes spcci-
fied in the preceding section, shall make and subscribe writ-
ten articles of incorporation in triplicate, and acknowledge
the same before any officer authorized to take the acknow-
ledgment of deeds, and file one of such articles in the office of
Article Aled the Secretary of State, and another in the office of the County
sodalent to Auditor of the County in which the principal place of busi-
ness of the company is intended to be located, and retain the
third in the possession of the corporation. Said articles
shall state the corporate name of the company, the objects
for which the same shall be formed, the amount of its capi-
tal stock, the time of its existence, not to exceed fifty years,
provided, that this limit of existence shall not apply to any
life, accident and health insurance company, the number of
shares of which the capital stock shall consist, the number of
trustees and their names, who shall manage the concerns of
the company for such length of time (not less than two nor
more than six months) as may be designated in such certifi-
cate, and the name of the city, town, or locality and county in
which the principal place of business of the company is to be
located. Amendments may be made to the articles of incor-
How mado. poration by a majority vote of its trustees and the vote or
written assent of two-thirds of the capital stock of such cor-
poration. If the written assent of two-thirds of the capital
stock has not been obtained then the vote of said stock may
be taken at any regular meeting of the stockholders or at
any special meeting of the stockholders called for that pur-
pose in the manner provided in the by-laws of such corpo-
ration for special meetings of the stockholders. The presi-
dent and secretary of said corporation shall certify said
amendments in triplicate under the seal of said corporation
to be correct and file and keep the same as in the case
of original articles and from the time of filing said amend-
ments such corporation shall have the same powers and it
and the stockholders thereof shall be subject to the same
liabilities as if such amendments had been embraced in the
original articles of incorporation. Nothing contained in this
section shall be construed to cure or amend any defect exist-
ing in any original articles of incorporation in that such
articles did not set forth the matters required to make the
Amond.
mente
SESSION LAWS, 1905.
29
Limit of cor-
ODCO.
same valid at the time of filing, nor to cure or amend any de-
fect in the execution thereof. The time of existence of such porste ezist-
corporation shall not be extended by amendments beyond the
time fixed in the original articles of incorporation.
SEC. 2.
An emergency exists and this act shall take Emergency.
effect immediately.
Passed by the Senate February 1, 1905.
Passed by the House February 7, 1905.
Approved by the Governor February 14, 1905.
CHAPTER 12.
(8. B. No. 93)
FOR THE RELIEF OF SUNDRY PERSONS FOR CLERICAL
SERVICES.
AN ACT appropriating funds for the relief of Dora W. Cryder-
man, Rose Morgan, Emma Tuttle, Mrs. G. H. Funk, Mrs. H. G.
Blackmore, C. Will Shafer and Etta Arland.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. There is hereby appropriated out of any
money in the State treasury not otherwise appropriated
three hundred and forty dollars and fifty cents for the pay-
ment of the following named persons for the marking of
manuscripts of applicants for teacher's certificates, at the No-
vember examination, 1904, the following sums, viz: Dora
W. Cryderman, $54.50; Rose Morgan, $67.25; Emma Tut-
tle, $65.75; Mrs. G. H. Funk, $66.25; Mrs. H. G. Blackmore,
$24.50; C. Will Shafer, $55.00; Etta Arland, $7.25.
Passed the House January 31, 1905.
Passed the Senate February 7, 1905.
Approved by the Governor February 14, 1905.
30
SESSION LAWS, 1905.
CHAPTER 13.
(II. B. No. 81)
EMPOWERING COUNTY COMMISSIONERS TO EXHIBIT
COUNTY PRODUCTS AT LEWIS AND CLARK FAIR.
AN ACT empowering Boards of County Commissioners to make
exhibits of the products of their respective counties at the
Lewis and Clark Centennial and American Pacific Exposition
and Oriental Fair, 1905, at Portland, Oregon, and to appro
priate money from the County current expense fund to meet
the expenses of such exhibits, and declaring an emergency.
Be it chacted by the Legislature of the State of Washington:
SECTION 1. That the Boards of County Commissioners
of the several counties in this State are hereby empowered
to make exhibits of the products of their respective counties
at the Lewis and Clark Centennial and American Exposition
and Oriental Fair, 1905, at Portland, Oregon, and to appro-
priate money from the county current expense fund to meet
the necessary expenses incurred in making such exhibits:
Prozided, That the total amount thus appropriated shall in
no event exceed an amount equal to one-half mill on the
dollar of the taxable property of the county as shown by
the assessment roll for 1904.
Sec. 2.
An emergency exists and this act shall take
effect iminediately.
Passed the House February 6, 1905.
Passed the Senate February 8, 1905.
Approved by the Governor February 14, 1905.
Emergency
.
CHAPTER 14.
(H. B. No. 47)
FOR THE RELIEF OF JOSEPH CANUTT.
AN ACT for the relief of Joseph Caputt.
Be it cnacted by the Legislature of the State of Washington:
SECTION 1. That the sum of $308.50 be and the same is
hereby appropriated out of any moneys in the State treas.
ury, not otherwise appropriated, for the purpose of rein-
SESSION LAWS, 1905.
31
bursing Joseph Canutt for services rendered the State of
Washington in the matter of the extradition of one Fred
Hart, charged with an offense against the laws of the State
of Washington.
Sec. 2.
That the State Auditor is hereby authorized and
directed to draw his warrant for said sum upon the State
Treasurer in favor of said Joseph Canutt, and the State
Treasurer is hereby authorized and directed to pay the same
out of any funds in the State treasury not otherwise appro
priated.
Passed the House January 31, 1905.
Passed the Senate February 7, 1905.
Approved by the Governor February 14, 1905.
CHAPTER 15.
(H. B. No. 26)
FOR THE RELIEF OF GARFIELD COUNTY.
AN ACT for the relief of Garfield County.
0
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That the State Auditor be, and he is hereby
authorized and directed to audit and allow the following cost
bills aggregating $449.00, the same being the costs actually
taxed and expended by Garfield County in the following
convictions for felony in the Superior Court of said County,
to-wit :
Case No. 724.
...$113.00
Case No. 706..
192.00
Case No. 681.
44.60
Case No. 693..
99.20
and that the State Auditor be and he is hereby authorized
and directed to credit to said Garfield County said sum of
$449.00 as so much state tax paid.
Passed the House January 31, 1905.
Passed the Scnate February 7, 1905.
Angroved by the Governor February 14, 1905.
NOTE BY SECRETARY OF STATE: The items in the above four
cases foot up only $448.80.
32
SESSION LAWS, 1906.
CHAPTER 16.
(8. B. No. 48)
RELATIVE TO COSTS IN CIVIL ACTIONS. .
8178 Bal.
linger
1110 Pierce.
AN ACT to amend Section 5173 of Ballinger's Annotated Codes
and Statutes of Washington, the same being Section 1110 nt
Pierce's Washington Code, relating to costs in civil actions.
Amandmat
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That Section 5173 of Ballinger's Annotated
Codes and Statutes of Washington, the same being section
IT 10 of Pierce's Washington Code, relating to costs in civil
actions, be and the same is hereby amended so as to read
as follows: Section 5173: The prevailing party, in addition
to allowance for costs, as provided in the last section, shall
also be allowed for all necessary disbursements, including the
fees of officers allowed by law, the fees of witnesses, the
necessary expenses of taking depositions, by commission or
otherwise, and the compensation of referees. The disburse-
ments shall be stated in detail and verified by affidavit, and
shall be served on the opposite party or his attorney, and
filed with the clerk of the court, within ten days after the
judgment; Provided, The clerk of the court shall keep a
record of all witnesses in attendance upon any civil action,
for whom fees are to be claimed, with the number of days
in attendance and their mileage, and no fees or mileage for
any witness shall be taxed in the cost bill unless they shall
have reported their attendance at the close of each day's ses-
sion to the clerk in attendance at such trial.
Passed the House January 23, 1905.
Passed the Senate February 7, 1905.
Approved by the Governor February 14, 1905.
SESSION LAWS, 1905.
33
CHAPTER 17.
(8. B. No. 83)
PRESCRIBING THE REQUIREMENTS OF
BONDS OF
GUARDIANS.
AN ACT amending Section 6403, Ballinger's Annotated Codes and 6408 Bal.
lingar.
Statutes of Washington, relating to bonds of guardians and 2787 Pierco.
prescribing the requirements thereof.
:
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That Section 6403 of Ballinger's Annotated
Codes and Statutes of Washington (Pierce's Code Sec.
2737) relating to bonds of guardians and the requirements
thereof be and the same is hereby amended to read as fol-
lows: Section 6403: The court shall take of each guardian ap-
pointed under this act a bond, with approved security payable
to the State of Washington, in the sum of not less than twice
the value of the personal property and twice the estimated
value of the annual rents, profits and issues of the real prop-
erty belonging to the cstate, conditioned as follows: The Conditions.
condition of this obligation is such that if the above-bound
A.-B., who has been appointed guardian for C. D. shall faith-
fully discharge the office and trust of such guardian accord-
ing to law, and shall render a fair and just account of his
said guardianship to the Superior Court for the County of
... from time to time as he shall thereto be
required by said court, and comply with all orders of said
court, lawfully made relative to the goods, chattels and
moneys of such minor, and render and pay to such minor
all moneys, goods and chattels, title papers and effects which
may come into the hands or possession of such guardian
belonging to such minor, when such minor shall thereto
be entitled, or to any subsequent guardian, should such
court so direct, this obligation shall be void, or otherwise
to remain in full force and virtue. Which bond shall be for
the use of such minor, and shall not become void upon the
first recovery, but may be put in suit from time to time
against all or any one or more of the obligors, in the name
and for the use and benefit of any person entitled by a breach
thereof, until the whole penalty shall be recovered thereon.
,
2
34
SESSION LAWS, 1905.
Additional
bond.
The Judge may require an additional bond whenever a
sale of real estate belonging to a minor is ordered by him,
but no such additional bond must be required when it sat-
isfactorily appears to the court that the penalty of the bond
given before receiving letters, or of any bond given in place
thereof is equal to twice the value of the personal property
remaining in or that may come into the possession of the
guardian, including the annual rents, profits and issues of
real estate and twice the probable amount to be realized on
the sale of the property ordered to be sold.
Passed the Senate February 1, 1905.
Passed the House February 7, 1905.
Approved by the Governor February 14, 1905.
CHAPTER 18.
(8. B. No. 2)
RELATIVE TO CONTROL OF DELINQUENT CHILDREN.
AN ACT to provide for the apprebension, trial, treatment and
control of delinquent children under the age of seventeen
years.
To whom
sot applios,
Be it enacted by the Legislature of the State of Washington:
SECTION 1. This act shall apply only to children under
the age of seventeen years, not now or hereafter inmates of
any State institution, or any Training School for boys, or
Industrial School for Girls, or some institution incorporated
under the laws of this State, for the care and correction of
"delinquent children" shall include any child under the age
of seventeen years, who violates any law of this State, or
any City or Town ordinance; or who is incorrigable; or who
knowingly associates or lives with thieves, vicious, immoral
or disreputable persons; or who is growing up in idleness or
crinie; or habitually begs or receives alms; or who is found
living in any house of ill fame; or who knowingly visits or
enters a house of ill repute; or who knowingly patronizes
or visits any policy shop or place where any gambling de-
vice is or shall be operated; or who patronizes or visits any
SESSION LAWS, 1906.
35
saloon or dram shop where intoxicating liquors are sold;
or who patronizes or visits any public pool room or bucket
shop; or who wanders about the streets in the night time
without being on any lawful business or occupation; or who
habitually wanders about any railroad yards or tracks, or
jumps or hooks onto any moving train, or enters any car or
engine without any lawful authority; or who habitually uses
vile, obscene, vulgar, profane or indecent language; or is
guilty of immoral conduct in any public place, or about any
school house; and any child under the age of eight years
who is found peddling or selling any articles; or singing or
playing any musical instrument upon the street, or giving
any public entertainment. Any child doing any of the
acts herein mentioned shall be deemed a Juvenile Delinquent
Person, and shall be proceeded against as such in the
manner hereinafter provided. A disposition of any child
under this act, or any evidence given in such cause, shall
not in any civil, criminal or other cause or proceeding what-
ever, in any court, be lawful or proper evidence against
such child for any purpose whatever, excepting in subsequent
cases against the same child under this act. The word
Dedaltion of
"child" or "children" may mean one or more children, or the child."*
word "parent" or "parents” may mean one or both parents
when consistent with the intent of this act. The word "asso-
ciation” shall mean any incorporation which includes in its
purpose the care and disposition of children consistent with
the intent of this act.
SEC. 2. The Superior Courts in the several counties of Jurisdiction
this State shall have original jurisdiction in all cases coming
within the terms of this act. In all trials under this act any
person interested therein may demand a jury trial, or the
Judge, of his own inotion, may order a jury to try the case.
SEC. 3. In counties of the first and second class the
Judges of the Superior Court shall, at such times as they
may determine, designate one or more of their number whose
duty it shall be to hear all cases arising under this act. A
special session, to be designated as the “Juvenile Court Ses- Courto in
sion," shall be provided for the hearing of such cases, and countion.
the finding of the Court shall be entered in a book, or books,
to be kept for that purpose, and known as the "Juvenile
Record;" and the Court may, for convenience, be called the
"Juvenile Court."
Sec. 4. Any reputable person, being a resident in the
SF.C.
of courte,
Jurodilo
a
36
SESSION LAWS, 1905.
a
Summons.
Notice to
Paronte.
Failure to
appear.
Complaints. county, having knowledge of a child in his county who ap-
pears to be a delinquent within the meaning of this act may
file with the clerk of the court a complaint, in writing, setting
forth the facts, verified by affidavit. It shall be sufficient
that the affidavit is upon information and belief.
Sec. 5. Upon the filing of an information or the com-
plaint the clerk of the court shall issue a summons requiring
the person having custody or control of the child or with
whom the child may be, to appear with the child at a place
and time stated in the summons, which time shall not be
less than twenty-four hours after service. The parents of
the child, if living, and their residence is known, or its legal
guardian, if one there be, or if there is neither parent (n)or
guardian, or if his or her residence is not known, then some
relative, if there be one, and his residence is known, shall
be notified of the proceedings; and in any case the Judge
shall appoint some suitable person or association to act in
behalf of the child. If the person summoned, as herein pro
vided, shall fail without reasonable cause to appear and abide
the order of the court, or to bring the child, he shall be
proceeded against as in contempt of court. In case the sum-
mons cannot be served, or the parties served fail to obey the
same, and in any case when it shall be made to appear to the
court that said summons will be ineffectual a warrant may
issue on the order of the court, either against the parent
า 1
or guardian or the person having custody of the child, or
with whom the child may be, or against the child itself.
On return of the summons or other process, or as soon there-
after as inay be, the court shall proceed to hear and dispose
of the case in a summary manner. Pending the final dispo
sition of any case the child may be retained in the possession
of the person having charge of the same, or may be kept in
some suitable place provided by the city or county authori-
ties, or by any association having for one of its objects the
care of delinquent and neglected children.
Sec. 6. The court or judge designated, as provided in
Section 3 of this act, shall appoint or designate one or more
discreet persons of good character to serve as probation of-
Probation
ficers during the pleasure of the court; said probation officers
to receive no compensation from the public treasury. In
case a probation officer shall be appointed by any court it
shall be the duty of the clerk of the court, if practicable, to
notify the said probation officer in advance when any child
Roturn of
nummOAL
ocor.
SESSION LAWS, 1906.
37
Order of
.
is to be brought before the said court; it shall be the duty of
said probation officers to make such investigation as may be
required by the court, to be present in order to represent the
interests of the child when the case is heard, to furnish the
court such information and assistance as the judge may re-
quire, and to take such charge of the child before and after
trial as may be directed by the court.
Sec. 7. When any child under the age of seventeen years
shall be found to be delinquent within the meaning of this
act, the court may, at any time, make an order committing commital.
the child to some suitable institution, or to the care of some
reputable citizen of good moral character, or to the care of
some Training School or Industrial School as provided by
law, or to the care of some association willing to receive it,
embracing in its objects the purpose of caring for or obtain-
ing homes for dependent, neglected or delinquent children,
provided such order may be temporary or permanent in the
discretion of the court and may be revoked or modified as the
circumstances of the case may thereafter require.
Sec. 8. In any case of a delinquent child, the court may Continuanco
of hearing.
continue the hearing from time to time, and may commit
the child to the care and guardianship of a probation officer,
duly appointed by the court, and may allow said child to re-
main in its own home, subject to the visitation of the proba-
tion officer, such child to report to the probation officer as
often as may be required, and subject to be returned to the
court for further proceedings whenever such action may ap-
pear to be necessary, or the court may commit the child to
the care and guardianship of the probation officer, to be
placed in a suitable family home, in case provision is made
by voluntary contribution, or otherwise for the payment of
the board of such child, until a suitable provision may be
made for the child in a home without such payment, or the
court may commit the child to a suitable institution for the
care of delinquent children. In no case shall a child be com-
mitted beyond his or her minority. A child committed to
such institution shall be subject to the control thereof, and
the said institution shall have power to parole such child
on such condition as it may prescribe, and the court shall,
on the recommendation of said institution, have power to
discharge such child from custody, whenever, in the judg-
ment of the court, his or her reformation shall be complete;
or the court may commit the child to the care and custody
a
Limit of com
mittmont.
38
SESSION LAWS, 1906.
Children DA•
der 14 ant to
doomon,
apart from
adulta.
of some association that will receive such child, embracing in
its objects the care of neglected and dependent children.
SEC. 9. No court or magistrate shall commit a child un-
be placed in der fourteen years of age to a jail, common lock-up or police
jail,
station; but, if such child is unable to give bail, it may be
committed to the care of the sheriff, police officer or proba-
tion officer, who shall keep said child in some suitable place
or house or school of detention provided by the city or
county, outside of the enclosure of any jail or police station,
or in the care of any association willing to receive it and
having as one of its objects the care of neglected and depend-
ent children. When any child shall be sentenced to confine-
Boparato con
ment in any institution to which adult convicts are sentenced,
it shall be unlawful to confine such child in the same building
with such adult convicts, or to confine such child in the same
yard or enclosure with such adult convicts, or to bring such
child into any yard or building in which such adult convicts
may be present.
Sec. 10. When in any County where a court is held as
provided in Section 3 of this act, a child under the age of
seventeen years is arrested with or without warrant, suci
child may, instead of being taken before a Justice of the
Peace or Police Magistrate, be taken directly before such
of polico court; or if the child is taken before a Justice of the Peace
or Police Magistrate, it shall be the duty of such Justice
of the Peace or Police Magistrate to transfer the case to
such court, and the officer having the child in charge to take
the child before that court, and in any case the court may
proceed to hear and dispose of the case in the same manner
as if the child had been brought before the court upon com-
plaint as hereinbefore provided. In any such case the court
shall require notice to be given and investigation to be made
as in other cases under this act, and may adjourn the hearing
from time to time for such purpose.
SEC. 11. In counties of the first and second class it shall
be the duty of the proper authorities to provide and main-
tain, at public expense, a detention room, or house of de-
juronilos
tention, separated or removed from any jail, lock-up, or
police station, to be in charge of a matron, or other person
of good character, wherein all children within the pro-
visions of this act shall, when necessary, be incarcerated.
SEC. 12. This act shall be liberally construed to the end
that its purpose may be carried out, to-wit : That the care,
1
Trial botore
Jovodilo
Court insteid
courti.
Datontion
room for
apart from
jail.
Construction
of sct.
SESSION LAWS, 1905.
39
a
custody and discipline of a child shall approximate, as nearly
as may be, that which should be provided by its parents, and
that as far as practicable any delinquent child shall be
treated, not as a criminal, but as misdirected and misguided,
and needing aid, encouragement, help and assistance.
SEC. 13. That no fees shall be charged or collected by No foes to be
cbargod.
any officer for any proceeding under this act.
Passed the House January 31, 1905.
Passed the Senate February 8, 1905.
Approved by the Governor February 15, 1905.
CHAPTER 19.
(8. B. No. 20)
AMENDING CODE RELATIVE TO STATE REFORM SCHOOL.
AN ACT to amend Sections one (1), two (2) and seven (7) 01
an act entitled, “An act to provide for the committing of 8634868625
juvenile ottenders to the State Reform School at Cheballs," Piorco's Oodo.
approved March 7, 1891, the same being sections 8624 and
8525 and 8530 of Pierce's Washington Code.
mont.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That Section one (1) of an act entitled,
"An act to provide for the committing of juvenile offenders
to the State Reform School at Chehalis," being Section 8524
of Pierce's Washington Code, be and the same is hereby
amended so as to read as follows: Section 1. When a boy Committ-
of sane mind between the ages of eight and sixteen years,
or a girl of sane mind between the ages of eight and eighteen
(18) years shall, in any court of record in this State, bc
found guilty of any crinie except murder or manslaughter,
or who for want of proper paternal care is growing up in
mendicancy or vagrancy, or is incorrigible, and complaint
thereof is made and properly sustained, the court may if
in its opinion the accused is a proper subject therefor, in-
stead of entering judgment cause an order to be entered
that said boy or girl be sent to the State Reform School,
in pursuarice of the provisions of this act, and a copy of
said order under the seal of said court shall be sufficient
40
SESSION LAWS, 1905.
mittmont.
warrant for carrying said boy or girl to the said school and
for his or her committment to the custody of the superin-
tendent thereof.
Sec. 2. That Section (2) of an act entitled, “An act to
.
provide for the committing of juvenile offenders to the State
Reform School at Chehalis," being Section 8525 of Pierce's
Washington Code, be and the same is hereby amended so
as to read as follows: Sec. 2. When a boy of sane mind
Procooding between the ages of eight and sixteen years or a girl of
prior to com
sane mind between the ages of eight and eighteen years,
shall be convicted before a justice of the peace or other
inferior court of any crime, mendicancy, vagrancy or incor-
rigibility, it shall be the duty of said magistrate before
whom he or she may be convicted to forthwith send such
boy or girl, together with all the papers filed in his office
upon the subject, under the control of some officer, to a
judge of a court of record. He shall then issue an order
to the parent or guardian of said boy or girl, or such person
as may have him or her in charge, or with whom she or
he has last resided, or any known to be near related to hiin
or her, or if she or he be alone or friendless then to such
person as said judge may appoint to act as guardian for
the purposes of the cases, requiring him or her to appear
at the time and place stated in said order to show cause
why said boy or girl should not be committed to the said
State Reform School for training and reformation. Sec. 3.
That Section seven (7) of an act entitled, "An act to pro-
vide for the committing of juvenile offenders to the State
Reform School at Chehalis," being Section 8530 of Pierce's
Washington Code, be and the same is hereby amended so
Termos do as to read as follows: Sec. 7. Each boy committed to the
State Reform School shall remain there until he arrives at
the age of eighteen years, and each girl committed to the
State Reform School shall remain there until she arrives
at the age of nineteen years, unless sooner paroled or
legally discharged. The discharge of any boy having ar-
rived at the age of eighteen years or of any girl having
arrived at the age of nineteen years, shall be a completo
release from all penalties incurred by conviction of the of-
fense for which he or she was committed.
Passed the House January 31, 1905.
Passed the Senate February 8, 1905.
Approved by the Governor February 15, 1905.
tontion.
SESSION LAWS, 1906.
41
CHAPTER 20.
(8. B. No. 88)
RELATIVE TO APPEALS IN JUSTICE COURTS IN CIVIL
ACTIONS.
AN ACT amending Section 6754 of Ballinger's Annotatea Codes
and Statutes of Washington, being Section 3034 of Pierce's $784 Bal.
lingur.
Washington Code, relating to appeals from Justice Courts in 8034 Pierco.
civil action.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. Section 6754 of Ballinger's Annotated Codes
and Statutes of Washington, being Section 3034 of Pierce's
Washington Code, is hereby amended to read as follows:
Section 6754. Any person considering himself aggrieved
by the judgment or decision of a Justice of the Peace in a
civil action may, in person or by his agent, appeal there-
from to the Superior Court of the same county where the
judgment was rendered or the decision made: Provided,
there shall be no appeal allowed unless the amount in con-
troversy exclusive of costs, shall exceed the sum of twenty
dollars.
Passed the House January 31, 1905.
Passed the Senate February 13, 1905.
Approved by the Governor February 15, 1905.
42
SESSION LAWS, 1906.
CHAPTER 21.
(8. B. No. 117)
FIXING SALARIES OF COUNTY COMMISSIONERS.
9
AN ACT Axing the salaries of County Commissioners in counties
of the first class, and amending Section one of an act entitled
"Ad act to amend Sections 3 to 31, both inclusive, of an act
entitled 'An act classifying the counties according to popula.
tion, enumerating the county officers, ixing the salaries there-
of, providing for deputies, collection of fees and payment of
salaries;'" said section hereby amended being Section one of
Chapter CLXI of the session LAWB of 1895, amendatory of
Chapter 10 of the Laws of 1890, and approved March 20, 1895,
being the same as Section 4007 of Pierce's Washington Code.
Be it cnacted by the Legislature of the State of Washington:
SECTION 1. That Section I of an act entitled, "An act
i
to amend Sections 3 to 31, both inclusive, of an act entitled,
'An act classifying the counties according to population,
enumerating the county officers, fixing the salaries thereof,
providing for deputies, collection of fees and payment of
salaries,' said section hereby amended being Section 1 of
Chapter CLXI of the Session Laws of 1895 amendatory
of Chapter 10 of the Laws of 1890, and approved March
20, 1895, (being the same as Section 4007 of Pierce's Wash-
ington Code,) be and the same is hereby amended that on
and after the passage of this act salaries of county officers
of counties of the first class, as determined by the last pre-
ceding Federal census, shall be as follows: County Auditor,
$2400; County Clerk, $2200; County Treasurer, $2500;
County Sheriff, $2400; County Attorney, $3000; County
Superintendent of Common Schools, $2000; County Com-
missioners, $2000 per annum and necessary traveling ex-
penses; County Assessor, $2200; County Surveyor, $5.00
per day; County Coroner, $1000 per annum.
Passed the House February 2, 1905.
Passed the Senate February 9, 1905.
Approved by the Governor February 15, 1905.
SESSION LAWS, 1906. .
43
CHAPTER 22
(8. B. No. 24)
PROVIDING FOR A SUPERIOR JUDGE FOR STEVENS COUN.
TY, AND FOR THE ELECTION OF THREE SUPERIOR
JUDGES FOR SPOKANE COUNTY,
AN ACT providing for the appointment and election of a judge
of the Superior Court of the State of Washington, in and for
the County of Stevens, and providing for the election of pe
judges of the said Superior Court in and for the County of
Spokane, and specifying the County of said State over wbich
the present judge of said Superior Court in and for the
Counties of Spokane and Stevens, jointly, sball preside; and
Axing the term of office of the judge appointed; and declaring
an emergency.
Fizing
Be it enacted by the Legislature of the State of Washington:
SECTION 1. From and after the passage and approval
of this act there shall be one judge of the Superior Court of number.
the State of Washington in and for the County of Stevens,
and three judges of said Superior Court in and for the
County of Spokane.
SEC. 2. The Governor of the State of Washington shall,
Appointment
upon the passage of this act, appoint said judge of said by Governor.
Superior Court in and for the County of Stevens, who shall
hold his office as judge of said Superior Court from the time
of appointment until his successor is elected and qualified,
which said election shall take place at the next general
election held in the State of Washington.
SEC. 3. At the general election to be held in the State
of Washington in the year 1906, there shall be elected in 1906.
the saíd County of Stevens one Superior Judge, who shall
succeed the Superior Judge mentioned in Section 2 of this
act, and whose term of office shall commence upon his elec-
tion and qualification, and who shall hold office until the
second Monday in January, 1909, and until his successor
is elected and qualified.
SEC. 4. From and after the appointment and qualifica-
tion of a person to serve as judge of said Superior Court
in and for the said County of Stevens, under the provisions
of this act, the Superior Judge of said court elected at the
general election of the year 1904, in and for the Counties
Election IL
44
SESSION LAWS, 1905.
Lloctions
subsequent
to 1906,
of Spokane and Stevens, jointly, shall, during the remainder
of his term of office, and until his successor is elected and
qualified, remain the judge of said court in and for the
County of Spokane.
Sec. 5. At the general election to be held in the State
of Washington, in the year 1908, and every four years there-
after, there shall be elected in the said County of Spokane
three Superior Judges, in the County of Stevens one Su-
perior Judge.
Sec. 6. An emergency exists and this act shall take ef-
fect immediately.
Passed the Senate February 7, 1905.
Passed the House February 15, 1905.
Approved by the Governor February 16, 1905.
Imorgonoy.
:
CHAPTER 23.
(8. B. No. 80)
RELATIVE TO DETENTION, REGISTRATION AND SALE OF
ESTRAYS.
AN ACT in relation to estrays, providing for their detention,
registration and sale, and prescribing penalties for its viola.
tion.
Racordo of
County Audi.
tor-how
artingod
)
Be it enacted by the Legislature of the State of Washington:
SECTION 1. It shall be the duty of the County Auditors
of the several counties of the State to keep a book of suitable
dimensions to be called the "Record of Estrays.” The book
shall be divided into two parts; the first part shall be desig-
natec! "Estrays Lost," and the second part “Estrays Found."
The part designated "Estrays Lost,” shall be ruled and
spaced substantially as follows: The first column to con-
tain the name of the owner; the second, his address; the
third, the date lost or strayed; fourth, the kind of animal
and age; fifth, the color ; sixth, brands; seventh, ear marks;
eighth, other marks of identification; ninth, customary
Estrayo lost range; tenth, page registered in "Estrays Found.” The
part designated "Estrays Found" shall be ruled and spaced
substantially as follows: The first column to contain the
SESSION LAWS, 1906.
45
name of the finder; che second, his address; third, the
date found; the fourth, fifth, sixth, seventh, and eighth,
columns to be the same as in "Estrays Lost;" the ninth
column to designate the place where the owner may claim
and obtain the animal; and the tenth the page registered
in "Estrays Lost;" eleventh, the date sold; twelfth, to whom
sold; thirteenth, price obtained; fourteenth, publication fee;
fifteenth, other costs; sixteenth, balance. If the animal be
breechy or vicious such fact shall also be noted in the third Broechy
animals.
column. The part designated "Estray Lost" shall be so
arranged that the names of the owners shall be registered
in alphabetical order, and thumb indexed so that each letter
may be readily found. The part designated "Estray Found," Estrage found
shall be so arranged, that the names of the finders will be
registered in alphabetical order, and indexed as specified
for the part designated "Estrays Lost.” In addition to the
forcgoing each portion of said two parts of said record of
Estrays, shall contain an alphabetical index reference to
the following: the age and kind of animal, the color, brands,
ear marks; said index to refer to the page and the number
of the line in which the particular animal is referred to. It
shall be the duty of the Auditor of each county to keep
said index up to date, and as complete as practicable.
Sec. 2. Any person losing an animal shall register the Ropistration,
same with the County Auditor of his county under "Estrays losing animal.
Lost," for which the Auditor shall collect a fee of fifty cents,
for each animal registered, and deliver to the owner a receipt
with his seal attached which receipt shall describe the animal
registered.
SEC. 3. Any person about whose premises any animal
Roglatration,
may be in the habit of running at large at any time between by foder.
the first day of October and the first day of March, may
take up such animal and shall within ten days thereafter
cause the same to be registered with the County Auditor
of his county under "Estrays Found," giving the informa-
tion required by the record as fully as practicable, and the
Auditor shall charge against such estrays the said fee of
fifty cents for each animal so registered. Breechy or vicious
animals may be taken up and registered as herein provided
in any month.
Sec. 4. Immediately upon registering any animal as
found, the Auditor shall examine the record of "Estrays
Lost" and if the animal found appears thereon, he shall
r
by porson
46
SESSION LAWS, 1905.
Auditor to
notify ownor.
immediately notify the owner by mailing him a notice ad-
dressed to the post office designated opposite his name on
the record, which notice shall contain the information ap-
pearing in the fourth, fifth, sixth, seventh and eighth col-
umns of the record, and shall require the owner to appear
within twenty days from the date of such notice and pay
all charges and take the said animal into his possession.
The several County Auditors shall keep on hand blank
forms of such notice which shall be substantially as follows:
Form of
Dotico,
To..
Washington.
You are hereby notified that your (here state the kind of
animal), color.... branded..
earmarked...
otherwise marked...
has been taken up by....
and is now at...
and unless you pay all charges against
the sald estray and take possession thereot within twenty days
from this date, the same will be sold according to law.
Dated this....
day of...
P. O. Address.
... Auditor.
190...
5
Sec. 5. The owner of any estray upon learning that the
same has been found, shall pay to the Auditor the fee for
registering the estray as found, and take his receipt therefor
with his official seal attached, which receipt shall describe the
animal registered, and upon exhibiting such receipt and
making out his title, and paying the finder the sum of one
dollar for taking up the animal and reporting the same to
the Auditor, and the further sum of ten cents per day for
keeping the estray, from the time of registering the same
as found, shall be allowed to take possession of the aninial.
The claimant's possession of the Auditor's receipt showing
payment of the fee for registering the same as lost, and of
the Auditor's receipt, showing payment of the fce for regis-
tering the same as found, shall be proof of ownership suffi-
cient to justify the finder in surrendering possession of the
cstray. Any taker-up of an estray who shall work such
animal, or otherwise use the same so as to derive benefit
therefrom shall forfeit all pay for the keep thereof.
Dispouition of Sec. 6. All fees collected by the Auditor hereunder, and
all sums derived from estray, sales shall be turned into the
current expense fund of the county.
Sec. 7. If the person entitled to the possession of an
estray shall not appear and make out his title thereto as
herein provided, and pay the charges against the same as
.
Animals
found not to
be worked.
fees.
SESSION LAWS, 1906.
47
herein specified within twenty days from the time it is
registered as found, as provided in this act, it shall be the
duty of the Auditor to immediately publish notice once a
week for two consecutive weeks, in the paper doing the Notice of usle
county printing, which notice shall give the name of the ostrays.
finder of the estray, the date when taken up, place where
kept, description of the animal as shown by the record, and
shall state that if the owner does not appear and make out
his title and pay all charges against said estray on or before
the day and hour fixed for such sale, which shall be stated
in the notice, and which shall not be less than fifteen nor
more than twenty days from the date of the first publication
thereof, such estray will be sold at the place where kept to
the highest bidder for cash. If the owner or his legal repre-
sentative appear he shall pay all charges incurred up to the
time of his appearance including publication fee, and sher-
iff's or constable's fees if any have been incurred.
SEC. 8. Such notice for publication may be substantially
as follows:
•
ESTRAY SALE.
Notice 1s hereby given that (name of finder) on the....
day of...
19....., took up and now keeps at
Washington, (kind and age of animal),
branded.
carmarked.....
otherwise marked
and said estray will be sold to the highest bidder Form.
for cash, at the place kept, as above specified, on...
..day of.
19...., at the hour of
o'clock in the........ noon of sald day, unless the
owner thereof or his logal representatives shall appear prior to
that time and make out his title, and pay all charges against said
estray.
Date of the drat publication of this notice.
..19...
the....
Auditor of.
..County.
Sec. 9. Any number of estrays registered as found at
the same time by the same finder may be advertised for sale
in the same notice, by describing each animal. If the finder
of any estray shall so request the Auditor shall advertise
the sale to take place at the county seat, and in such case
the notice shall so specify.
SEC. 10. At the time stated in such notice, the Sheriff or
any constable, or any elector, other than the finder, depu-
tized by the Sheriff for such purpose shall sell the same Belo. of to
highest
at public auction for cash to the highest bidder, and the bidder.
48
SESSION LAWS, 1906.
lees.
finder may bid therefor at such sale, and after deducting all
charges of the finder as herein provided, and the fees of the
Sheriff or constable for selling, which shall be the same
as a sale on execution the remainder of the proceeds shall
be turned into the Auditor within ten days, by the party
conducting the sale. Provided, that if any person other
than the Sheriff or a constable conducts such sale no fees
for selling shall be allowable.
SEC. II.
If the owner of the property sold or his legal
representative shall within six months after the money shall
have been deposited in the county treasury, furnish satis-
factory evidence to the Auditor of the ownership of the
said property, he or they shall be entitled to receive the
amount so deposited in the county treasury, less the cost
of the publication of the notice which shall be estimated
and deducted by the Auditor.
Publisher's Sec. 12. The publisher's fees for publishing the notices
specified herein, shall be paid for in the manner and at the
rate provided for the publication of the proceedings of the
County Commissioners.
SEC. 13. Any person knowing of any animal running at
Sec
large in any month, which he believes to be an estray, may
registration. take the same into his possession and register the sanie as
found, or may register the same without taking the animal
into his possession by specifying the range where the owner
may be likely to find the same, but no charges shall be al-
lowed any finder for taking or keeping such animal and no
such animal shall be advertised for sale between the first day
of March and the first day of October, except brcechy or
vicious animals, or estrays taken up prior to said first day of
March, as herein provided. The several County Auditors
shall make no charge for registering estrays as found between
the first day of March and the first day of October.
SEC. 14. Any owner or finder of any estray may register
the same as lost or found in any one or more counties of
the State, but the sale must be in the county where the
estray is taken up, and the finder shall pay the registration
fee outside the county where the estray is taken up.
Sec. 15. If any person shall take up, keep or use any
Non-compli.
estray without complying with the provisions of this act,
penalty.
he shall be deemed guilty of a misdemeanor and on convic-
tion thereof shall be fined in any sum not to exceed one
hundred dollars.
Conditional
.
Bale, whoro
to be held.
Ince and
SESSION LAWS, 1905.
49
Sec. 16. All acts and parts of acts in conflict herewith Ropeal.
are hereby repealed.
Passed the House January 31, 1905.
Passed the Senate February 13, 1905.
Approved by the Governor February 16, 1905.
CHAPTER 24.
(8. B. No. 84)
PROVIDING FOR THE SUSPENSION AND WITHHOLDING OF
SENTENCE OF PERSONS UNDER AGE OF 21 YEARS.
AN ACT providing for the susponsion and withbolding of sen.
tence of persons under the age of twenty-one years, who havo
been convicted of a misdemeanor or felony in the Superior
Courts of the State of Washington.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That if any person under the age of twenty-
one years sliall be convicted in the Superior Court of the
State of Washington, upon trial before the court or courts
and jury on a plea of not guilty, or before the court upon
a plea of guilty, of any misdemeanor or felony, the court,
in its discretion, may withhold and suspend sentence and
order the accused to be released during good behavior; and
the court shall have power to order his or her re-arrest and
pronounce sentence whenever the conduct of the accused
shall, in the opinion of the court, make such action proper.
Sec. 2. That the court, when sentence is withheld and
suspended may order the person convicted to enter into
recognizance to be approved by the court for his or her
presence before the court at all times whenever the court
shall require and the person so convicted shall report to
the court from time to time as the court shall direct, and
the court shall after five years, if the party, during said
time, has been lawabiding, of good habits, sober and indus-
trious, vacate and set aside the conviction and dismiss the
case, which fact of good behavior shall be shown to the court
by petition and satisfactory proof.
Passed the Senate February 1, 1905.
Passed the House February 15, 1905.
Approved by the Governor February 17, 1905.
50
SESSION LAWS, 1905.
.
CHAPTER 25.
(8. B. No. 88)
EMPLOYMENT OF SPECIAL ATTORNEYS BY COUNTY
COMMISSIONERS.
AN ACT relating to the employment of special attorneys and
counsel by County Commissioners.
Be it cnacted by the Legislature of the State of Washington.
SECTION 1. It shall be unlawful for any Board of Coun-
ty Commissioners in any county in this State to employ,
contract with or pay any special attorney or counsel to per-
form any duty which the Attorney General or any prose-
cuting attorney is authorized or required by law to perform,
unless the contract of employment of said special attorney
or counsel shall have been first reduced to writing and ap-
proved by the Superior Judge of said county or a majority
of the judges thereof, in writing indorsed thereon: Pro-
vided, this act shall not prohibit the appointment of deputy
prosecuting attorneys in the manner provided by law.
Passed the Senate February 1, 1905.
Passed the House February 15, 1905.
Approved by the Governor February 17, 1905.
CHAPTER 26.
(8. B. No. 81)
INTRODUCTION OF TESTIMONY GIVEN IN FORMER TRIALS.
AN ACT providing for the introduction of testimony given in a
former trial, action or proceeding.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. The testimony of any witness, deceased, or
out of the State, or for any other sufficient cause unable to
appear and testify, given in a former action or proceeding,
or in a former trial of the same cause or proceeding when
SESSION LAWS, 1906.
51
reported by a stenographer, or reduced to writing, and certi-
fied by the trial judge, upon three days notice to the op-
posite party or parties, together with service of a copy of
the testimony proposed to be used may be given in evidence
in the trial of any civil action or proceeding, where it is
between the same parties and relates to the same matter.
Passed the Senate January 25, 1905.
Passed the House February 15, 1905.
Approved by the Governor February 23, 1905.
CHAPTER 27.
18. B. No. 86)
AUTHORIZING CORPORATIONS TO SUBSCRIBE FOR AND
DEAL IN SHARES OF STOCK OF OTHER CORPORATIONS.
AN ACT authorizing and empowering any corporation to sub-
scribe for, and to acquire by purchase or otherwise, and hold,
own, sell, assign and transfer shares of the capital stock of
another corporation, and to participate in and vote said stock
at any and all stockholders' meetings, and validating existing
holdings of stock by corporation.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That any corporation heretofore or hereafter
organized under the laws of this State or of any other State
or Territory of the United States and doing business in
this State shall have power and authority to subscribe for,
acquire by purchase or otherwise and to own, hold, sell,
assign and transfer shares of the capital stock of any other
corporation and by its duly authorized officer or proxy to
vote such shares at any and all stockholder's meetings of
the corporation whose shares are so held, and to have and
exercise all the rights, powers and privileges of any other
stockholder, except that such corporate owner cannot be
a niember of the board of trustees. All existing holdings
.
by any such corporation in the shares of the capital stock
of any other corporation are hereby validated.
Passed the Senate January 31, 1905.
Passed the House February 15, 1905.
Approved by the Governor February 23, 1905.
1
52
SESSION LAWS, 1906.
CHAPTER 28.
(H. B. No. 172)
DIRECTING SALE OF CERTAIN LANDS ALONG COLUMBIA
RIVER.
AN ACT directing the sale of the following described land, to-
wit: “Beginning on the north bank of the Columbia river at
a point ten rods east of the section line between sections
seventeen and eighteen, township nine north, range nine west
of W. M.; thence north six rods; thence west two rods; thence
north fourteen rods; thence west eighteen rods; thence south
twenty rods to the bank of the Columbia river; thence east
along the meanders of said river to the place of beginning,
being two and ofty one bundredths acres in srctions seventeen
and eighteen, township olne north, rango nine west of W. M.,"
and making an appropriation therefor, and declaring an
emergency.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That the Commissioner of Public Lands in
the State of Washington be and he is hereby directed with-
out application to appraise and sell at public sale, in the man-
ner provided by law, the following described property, to-
Description. wit: Beginning on the north bank of the Columbia river
at a point ten rods east of the section line between sections
seventeen and eighteen, township nine north, range nine
west of W. M.; thence north six rods; thence west two rods;
thence north fourteen rods; thence west eighteen rods;
thence south twenty rods to the bank of the Columbia river ;
thence east along the meanders of said river to the place of
beginning, being two and fifty one-hundredths acres in sec-
tions seventeen and eighteen township nine north, range nine
west of W. M.
Agent, to bid SEC. 2. The said Commissioner of Public Lands be and
he hereby is authorized on behalf of the State to appoint an
agent for the purpose of bidding on behalf of the State for
said property at the time it is offered for sale.
Sec. 3. The said Commissioner of Public Lands in case
Governor and the agent appointed purchases said property at said sale shall
of
certify the same to the Governor who with the Secretary of
the State of Washington shall make, execute and deliver to
on behalt ot
Stato.
Execution of
dood by
Stato.
SESSION LAWS, 1906.
53
the Government of the United States Public Health and
Marine Hospital service a deed to, said land.
Sec. 4. That there is hereby appropriated out of the Appropria
Hon.
general fund of the State of Washington the sum of one
hundred dollars ($100) or as much thereof as may be neces-
sary to pay for said land in case the same is purchased.
SEC. 5. An eniergency exists and this act shall take Emorgency.
effect immediately.
Passed the House February 9, 1905.
Passed the Senate February 17, 1905.
Approved by the Governor February 23, 1905.
CHAPTER 29.
(8. B. No. 19)
ASSESSMENT OF LANDS HELD BY COUNTIES WITHIN
CORPORATE LIMITS, FOR LOCAL IMPROVEMENTS.
AN ACT authorizing the assessment of lands held or owned by
any County in the State, within the limits of incorporated
cities or towns in such County, for local improvements, and
providing for the payment of such assessmonts.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That all lands held or owned by any County
in the State of Washington, in fee simple, in trust or other-
wise, within the limits of any incorporated city or town in
such County, except as herein otherwise provided, may be
assessed and charged for the cost of all local improvements
specially benefitting such land and property, which may be
ordered by the proper authorities of such city or town.
SEC. 2. In all local improvement assessment districts in
any incorporated city or town in this State, property in such
district held or owned by the County in which such city or
town is situated shall be assessed and charged for its pro-
portion of the cost of such local improvement in the same
manner as other property in such district.
Sec. 3. Upon the approval and confirmation of the as-
sessment roll for any local improvement ordered by the
proper authorities of any incorporated city or town in
54
SESSION LAWS, 1905.
Certibed
statoment, to
en.
this State, the city or town treasurer shall certify and for-
Comminión. ward to the Board of County Commissioners, of the County
in which such city or town is situated, a statement of all the
lots or parcels of land held or owned by such County and
charged on such assessment roll for the cost of such local
improvement, separately describing each lot or parcel of the
County's land with the amount of the assessment charged
against it, and the Board of County Commissioners shall
cause the amount of such local assessments to be paid to the
city or town as other claims and charges against such County
are paid.
Act applicablo Sec. 4. The provisions of this act shall apply to all
Pal corpora municipal corporations, any charter or ordinance provisions
to the contrary notwithstanding: Provided, That this act
shall not apply to lots which the County may have obtained
title to through the foreclosure of the general tax lien.
Passed the House February 6, 1905.
Passed the Senate February 16, 1905.
Approved by the Governor February 23, 1905.
to all munici.
tioni.
CHAPTER 30.
(H. B. No. 214)
APPROPRIATION FOR DIVISION OF PUBLIC DOCUMENTS
OF STATE LIBRARY.
AN ACT making an appropriation for the use of the division of
public documents of the State Library.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. There is hereby appropriated out of the
State library fund not otherwise appropriated the sum of
six hundred and fifty dollars ($650.) or so much thereof
as may be necessary, for the use of the division of public
documents to cover the expenses of said department for the
remainder of the fiscal period ending March 31, 1905.
Passed the House February 9, 1905.
Passed the Senate February 17, 1905.
Approved by the Governor February 24, 1905.
SESSION LAWS, 1905.
55
CHAPTER 31.
(H. B. No. 16)
AN ACT RELATING TO BANKS AND BANKING AND
FOREIGN BANKERS.
AN ACT relating to banking, and regulating foreign banks and
foreign bankers doing business within this state, and provid-
ing a penalty.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. Any foreign bank or foreign banker inay
keep an office for the purpose of loaning money and buying
and selling exchange, coin or bullion, at any place or places
within this State, but shall not in any manner, directly or
indirectly, receive deposits; Provided, however, that nothing Rocoipt of
doposits
in this section contained shall prevent any existing branch prohibited.
of any foreign bank which was engaged in doing a banking
business at any place or places within this State on the first
day of January, 1905, or its successors or assigns becoming
such prior to the date upon which this act takes effect, from
receiving deposits and transacting a general banking busi-
ness.
capital.
Sec. 2. Every foreign bank or foreign banker hereto.
fore having established, or hereafter establishing an office
in this State, shall have, and at all times maintain, at every
such office, a capital not less in amount than that required Amount of
by the national bank act for the organization of a national
bank at the time when, and place where, such office was or
shall be opened, and the payment of taxes on such amount
shall be prima facie evidence of the payment and existence
of such capital; and no such foreign bank or foreign banker
shall set forth on the stationery of such bank or banker or
in any manner advertise a greater capital, surplus and un-
divided profits than are actually maintained at any such bank
within this State.
SEC. 3. Every foreign bank or foreign banker, and
every
officer, agent or employee thereof, violating any of the pro-
visions of this act, shall for each violation forfcit and pay Violation and
penalty.
to the State of Washington the sum of one thousand dollars.
Said forfeiture may be recovered in an action by the At-
torney General in the name of the State of Washington in
56
SESSION LAWS, 1906.
Construction
of term
*bant,
the Superior Court of the County where such bank or branch
bank shall be located.
SEC. 4. In construing this act the terms "foreign bank”
and "foreign banker" shall be deemed to include: 1. Every
corporation not organized under the laws of the Territory
or State of Washington doing a banking business, except a
national bank. 2. Every unincorporated company, part-
nership or association of two or more individuals organized
under or pursuant to the laws of another State or Country
doing a banking business authorized by this act. 3. Every
other unincorporated company, partnership or association of
two or more individuals doing a banking business author-
ized by this act, if the members thereof, owning a majority
interest therein, or entitled to more than one-half the profits
thereof, or who would, if it were dissolved, be entitled to
more than one-half the net assets thereof, are not residents
of this State. 4. Every non-resident of this State doing
a banking business authorized by this act in his own name
and right only.
SEC. 5. All acts or parts of acts not consistent herewith
are hereby repealed.
Passed the House February 15, 1905.
Passed the Senate February 17, 1905.
Approved by the Governor February 24, 1905.
n
Ropes
CHAPTER 32.
(H. B. No. 67)
DEFICIENCY APPROPRIATION FOR STATE OYSTER BOARD.
AN ACT making a deficiency appropriation for The State
Oyster Board of the State of Washington,
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That there be and the same is hereby ap-
propriated out of any money in the State oyster fund not
otherwise appropriated the sum of six hundred sixty-five
dollars and sixty-five cents ($665.65), namely: To Wallace
Stuart $29.25, Wallace Stuart $187.50, J. H. Deer $155.00,
T. R. Kershaw $44.00. T. R. Kershaw $232.75, Wallace
Stuart $17.15
SESSION LAWS, 1906.
57
SEC. 2. That the State Auditor is hereby authorized to
draw warrants on the State Treasurer to the respective per-
sons and for the respective amounts mentioned in Section
one of this act upon the presentation of the proper voucher
therefor
Passed the House February 7, 1905.
Passed the Senate February 17, 1905.
Approved by the Governor February 24, 1905.
CHAPTER 33.
(8. B. No. 106)
AMENDING CODE RELATIVE TO CRIME OF SEDUCTION.
AN ACT relating to the punishment of the crime of seduction,
and amending Section 7066 of Ballinger's Annotated Codes and
Statutes of Washington.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That Section 7066 of Ballinger's Annotated
Codes and Statutes of Washington be and the same is hereby
amended to read as follows:
Section 7066. If any person seduce and debauch any un- Amendment.
married woman of previously chaste character, he shall be
punished by imprisonment in the penitentiary not more than
five years, or by fine not exceeeding one thousand dollars
and imprisonment in the County jail not exceeding one year.
If before judgment upon an information or indictment the
defendant marry the woman seduced, all proceedings under
such information or indictment shall be stayed, and no fur-
ther proceedings shall be had thereunder so long as the de-
fendant shall live with, provide for and support his wife;
but if at any time within three years from the date of such
marriage the defendant shall wrongfully fail to support or
to provide for or shall wrongfully desert or abandon his wife, support.
prosecution shall proceed under said information or indict-
ment in the same manner as though no marriage had taken
place.
Passed the House February 7, 1905.
Passed the Senate February 16, 1905.
Approved by the Governor February 24, 1905.
Follure to
58
SESSION LAWS, 1906.
CHAPTER 34
(H. B. No. 131)
AMENDING PIERCE'S CODE PROVIDING FOR ANNEXATION
OF CERTAIN COUNTY TERRITORY TO
NEIGHBORING COUNTIES.
AN ACT to repeal an act entitled, "An act to amend Section 1
(Pierce's Code, Section 3921) of an act entitled, 'An act to
provide for annexing certain county territory to a neighboring
county to which it la contiguous,' and to repeal Section 10
of said act, approved March 9, 1891," approved March 16, 1903,
and declaring an emergency.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That Chapter 121 of the Session Laws of
1903, same being an act entitled, “An act to amend Section
one (Pierce's Code, Section 3921) of an act entitled, 'An act
to provide for annexing certain County territory to a neigh-
boring County to which it is contiguous and to repeal Sec-
tion ten of said act, approved March 9, 1891,' approved
March 16, 1903," be and the same is hereby repealed.
Sec. 2.. An emergency exists and this act shall take effect
immediately.
Passed the House February 14, 1905.
Passed the Senate February 16, 1905.
Approved by the Governor February 24, 1905.
CHAPTER 35.
(A. B. No. 90)
RELIEF OF JOHN H. WILLMS.
AN ACT for the relief of John H. Willms, and authorizing the
Commissioner of Public Lands of the State of Washington to
relinquish on behalt of the State of Washington, for the
benefit of John H. Willms, the south half of the south half of
section 36, township 25 north of range 22 east of the Wil.
lamette Meridian.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. The Commissioner of Public Lands of the
State of Washington be and he is hereby authorized and em-
SESSION LAWS, 1905.
59
powered by the Legislature of the State of Washington, to
execute in the name of and on behalf of the State of Wash-
ington, and to file in the proper United States Land Office
a relinquishment to the United States of the claims of the
State of Washington to the south half of the south half of
section 36, township 25 north of range 22 cast of the
Willamette Meridian, the said relinquishment lo take effect
concurrently with the acceptance by the Register and Re-
ceiver of the proper United States Land Office of the home-
stead entry of John H. Willms, to the end that said John H.
Willms may make homestead entry of said lands, and the
said Commissioner of Public Lands make selection of other
lands in lieu thereof.
Passed the House February 14, 1905.
Passed the Senate February 17, 1905.
Approved by the Governor February 24, 1905.
CHAPTER 36.
(8. B. No. 21)
RELATIVE TO SUPERIOR COURT OF SNOHOMISH AND
KITSAP COUNTIES.
AN ACT relating to the Superior Court of Snohomish and Kitsap
Counties, providing for the election of judges therein and pro-
viding for the appointment of a judge for Kitsap County and
declaring an emergency.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. From and after the passage and approval of
this act, there shall be in the County of Kitsap one Superior
Judge, and in the County of Snohomish in the State of
Washington, one Superior Judge.
SEC. 2. The Governor of the State of Washington sliall,
2
upon the taking effect of this act, appoint, as such Superior Governor to
Judge for the County of Kitsap, a person eligible and quali-
fied according to the Constitution of the State of Wash-
ington, and such appointee shall be and shall hold office as
such Superior Judge until the next general election to be held
60
SESSION LAWS, 1906.
Elootion in
1006.
Lloction in
1908 and
tharoslter.
in the State of Washington, and until his successor is elected
and qualified.
Sec. 3. At the general election to be held in the State
of Washington in the year 1906, there shall be elected in the
County of Kitsap one Superior Judge who shall succeed the
Superior Judge mentioned in Section two of this act, and
shall hold his office until the second Monday in January,
1909, and until his successor is elected and qualified.
Sec. 4. At the general election to be held in the State
of Washington in the year 1908, there shall be elected one
Superior Judge for the County of Kitsap, and one Superior
Judge for the County of Snohomish, in the State of Wash-
ington, whose terms of office shall be for four (4) years from
the second Monday in January, 1909, and every four (4)
years thereafter there shall be one Superior Judge elected for
each of said counties.
SEC. 5. After the appointment and qualification of a
judge for the County of Kitsap under the provisions of this
act, the judge elected at the November election, 1904, for
said Counties of Kitsap and Snohomish, shall, during the
remainder of his term of office, and until the election and
qualification of his successor, remain the Superior Judge in
and for the County of Snohomish.
Sec. 6. An emergency exists and this act shall take effect
immediately,
Passed the Senate February 20, 1905.
Passed the House February 25, 1905.
Approved by the Governor February 27, 1905.
Emergency.
.
0
SESSION LAWS, 1908.
61
CHAPTER 37.
iB. B. No. 160)
RELATIVE TO MAINTENANCE, REPAIR AND RENEWAL OF
SIDEWALKS IN CITIES FROM FIRST TO FOURTH CLASS,
INCLUSIVE.
AN ACT relating to maintenance, repair and renewal of sidewalks
in cities of the first, second, third and fourth class, and other
cities and towns of equal population working under special
charters, and providing for the payment thereof by the owners
of abutting property.
property
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That whenever any street, lane, square, place
or alley in any city of the first, second, third or fourth class
or other cities and towns of equal population working under
special charters, now or hereafter legally organized in this
State shall have been improved by the construction of a side-
walk or sidewalks along either or both sides thereof, the duty,
burden and expense or maintenance, repair and renewal of Cost attaches
to abatting
such sidewalk or sidewalks shall devolve upon the property
directly abutting upon that side of such street along which
such sidewalk has been constructed as hereinafter provided.
Whenever in the judgment of that officer or department of
any such city who, or which is or shall be, charged with the
inspection and care of the sidewalks along the public streets,
lanes, squares, places and alleys in such city, the condition of
any sidewalk is such as to render the same unfit or unsafe for
purposes of public travel, the said officer or department shall
thereupon serve a notice on the owner of the property imme- Notico to ro-
pair or renow.
diately abutting upon said portion of said sidewalk of the
condition thereof, instructing the said owner to clear, repair,
or renew the said portion of the sidewalk. The notice pro
vided for shall be deemed sufficiently served if delivered in
person to the owner of the property or his authorized agent,
or by leaving a copy of such notice at the home of the owner
or authorized agent, or if the owner is a non-resident by
mailing a copy to his last known address, or if the owner of
the property be unknown or if his address be unknown then
such notice shall be addressed to the general delivery office of
the city wherein the improvement is to be made. Such notice
62
SESSION LAWS, 1905.
Asseumont
by council of
coste.
What doomed
proporty.
Notico, what shall specify a reasonable time within which such cleaning,
.
repairs or renewal shall be executed by the said owner, and
shall state that in case the said owner shall fail to do such
cleaning or to make such repairs or renewal within the time
therein specified then the said officer or department will pro-
ceed to clean said walk or to make such repairs or renewal
forthwith, and will report to the city council at its next
regular meeting or as soon thereafter as possible, the date
to be definitely stated, an assessment roll showing the lot or
parcel of land immediately abutting on that portion of thc
sidewalk so improved, the cost of such improvement or repair
and the name of the owner, if known, and that the council
will hear any or all protests against the proposed assessment.
The council shall at the time in such notice designated or at
an adjourned tiine or times assess the cost of such work
against said property in accordance with the benefits derived
therefrom, which said charge shall become a lien upon said
property and shall be collected by due process of law. For
abutting the purposes of this act all property having a frontage upon
the sides or margin of any street shall be deemed to be abut-
ting property and such property shall be chargeable, as pro-
vided by this act for all costs of maintenance, repairs or
renewal of any form of sidewalk improvement between the
said street margin and the roadway lying in front of and
adjacent to said property, and the term sidewalk, as intended
for the purposes of this act, shall be taken to include any and
all structures or forms of street improvement included in the
space between the street margin and the roadway.
SEC. 2. Nothing in this act shall be construed to limit or
repeal any existing powers of cities or towns with reference
to the improvement or maintenance of sidewalks, streets,
lanes, places, squares or alleys, but the power and authority
herein granted is to be exercised concurrent with or in exten-
sion of the powers and authority now existing. The legisla-
tive authority of any city before exercising the powers and
authority herein granted shall, by proper ordinance, provide
for the application and enforcement of the same within the
limitations herein specified.
Passed the House February 7, 1905.
Passed the Senate February 16, 1905.
Approved by the Governor February 24, 1905.
SESSION LAWS, 1906.
63
CHAPTER 38.
(E. B. No. 100)
CREATING THE OFFICE OF CHAPLAIN OF THE STATE
PENITENTIARY.
AN ACT creating the once of Chaplain of the State Penitentiary,
prescribing his duties and fixing bis compensation.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. There shall be appointed by the Governor a Governor to
appoint.
Chaplain of the State Penitentiary who shall hold office for
the term of two years, unless sooner removed by the Gov-
ernor.
SEC. 2.
It shall be the duty of the Chaplain of the State Dation and
Penitentiary to perform religious services in the prison, at Chaplain.
least once every Sabbath, himself, unless prevented by sick-
ness, in which case he may furnish a regularly ordained
preacher, and to attend to the spiritual wants of the convicts;
to visit the convicts in their cells for the purpose of giving
them religious and moral instructions, and to devote at least
one hour in each week day and the afternoon of each Sunday
to such instructions; to take charge of the library and to take
care that no improper books are introduced into the cells of
the convicts, and if any such books shall be found either in
the cells or in the possession of the convicts, to take away
and return the same to the Warden, and for the purpose of
properly discharging these duties, to visit weekly each cell
in the prison; to visit daily the sick in the hospital; to make
quarterly report to the Governor, stating the number of con- Quarterly, re-
victs that have been instructed during the last quarter, the to contain.
branches of education in which they shall have been in-
structed, the text books used in such instruction, and the
progress made by the convicts, and to note especially, any
cases in which an unusual progress has been made by a
convict; to make an annual report on or before the first day
of November in each year, to the Governor, which report
shall be attested by his oath or affirmation to be just and
true, relative to the religious and moral conduct of the pris.
oners during the year ending with the last day of the previ-
ous September, stating therein what services he has per-
formed and the results, if any, of his instructions, and he
roports of
Dor what
64
SESSION LAWS, 1905.
consont of
Warden.
shall append thereto, as far as practicable in tabular form, a
statement exhibiting the number of the convicts in prison
on the last day of such September, and at what age con-
victed, specifying separately the number born in the United
States, foreigners, and of what country, and the nativity
of their parents, the number that cannot read, that can read
only, read and write, well educated, classically educated,
temperate, intemperate, healthy, diseased, whether employed
at the time of the commission of the crime, counties where
convicted, occupation, sentence, how many times recommit-
Proriso, a to ted and social state: Provided, that at no time shall such
u
chaplain visit any portion of the State Penitentiary or any
convict therein without the consent of the warden; and pro-
vided further, that all reports of such chaplain shall be made
to the warden.
Salary and Sec. 3. He shall receive for his services a yearly salary
of twelve hundred dollars ($1,200) which shali be paid in
the same manner as that of other State officers. He shall
be supplied with an office in the State Penitentiary, which
shall be furnished with fuel and light.
Passed the House February 2, 1905.
Passed the Senate February 17, 1905.
Approved by the Governor February 27, 1905.
ouco of
CHAPTER 39.
18. B. No. 71)
AMENDING BALLINGER'S CODES RELATIVE TO
ELECTIONS.
AN ACT to amend Sections 1362 and 1394 of Ballinger's Anno
tated Codes and Statutes of the State of Washington relating
to elections,
1882-94 Bal.
lingor.
Amondment
Duty of
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That Section 1362 of Ballinger's Annotated
Codes and Statutes of the State of Washington relating to
County Com. elections, be amended to read as follows: Section 1362.
Except as in this chapter otherwise provided, it shall be the
duty of the clerk of the Board of County Commissioners of
each County to provide ballot boxes, or pouches, printed bal-
.
SESSION LAWS, 1905.
65
lots, and duplicate poll books for every election for public
officers in which election, or any of the electors within the
County, participate, and to cause to be printed on the ballot
the name of every candidate whose name has been certified
to or filed with the County Auditor in the manner provided
for in this chapter. Ballots other than those printed by the
respective clerks of Boards of County Commissioners, ac- Ballots.
cording to the provisions of this chapter, shall not be cast or
counted in any election. Nothing in this chapter contained
shall prevent any voter from writing or pasting on his ballot
the names of any person for whom he desires to vote for
any office, and such vote shall be counted, the same as if
printed upon the ballot and marked by the voter, and any
voter may take with him into the polling place any printed
or written memorandum or paper to assist him in marking
or preparing his ballot, except as hereinafter otherwise pro-
vided.
SEC. 2. That Section 1394 of Ballinger's Annotated Cole
and Statutes of the State of Washington relating to elections,
be amended to read as follows, to-wit: Section 1394. If
any person shall take the oath as tendered to him by 1!:e
Inspector or Judges and no evidence is offered to traverse
the same, by the officer or party challenging, and shall other-
wise comply with the requirements of law regulating the
balloting, he shall be admitted to vote; but before the ballot
of the voter shall be deposited he shall be required to sign
the registration book in the column headed “Identification,' Identification
provided for that purpose, and on the same line as, and
opposite to the original signature of the voter offering to
vote, which original signature shall be so concealed as not
to be seen by the voter offering to vote; and in case siicli
voter is incapable of writing his name, he shall, at the Icft
hand side of the column, make a cross or other mark usually
employed by such voter for indicating his signature, and
some person who is personally known to the Inspector and
who personally knows the voter, shall sign the registration
book in his behalf as identifying witness. If such voter offer-.
to vote shall refuse to take the oath or affirmation so fotos.
Rojection of
tendered him or to write his signature as required, his vote
shall be rejected.
Passed the House February 6, 1905.
Passed the Senate February 23, 1905.
Approved by the Governor February 27, 1905.
3
66
SESSION LAWS, 1905.
CHAPTER 40.
(H. B. No. 14)
RELATIVE TO LIVE STOCK INSURANCE.
AN ACT providing for the incorporation and regulation of live
stock insurance companies and associations, and declaring au
emergency
Formation
sad porpoios
of.
Whero
be Bled.
what to
contaia.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. Any ten or more persons, residents of this
State, who may desire to form a company or association for
the purpose of mutual protection of the meinbers thereof
against loss of live stock by death from disease, lighlning,
tornadoes, cyclones, accidents and every other casual or acci-
dental cause, shall make and subscribe written articles ni
incorporation in triplicate, and acknowledge the same before
any officer authorized to take the acknowledgments of deeds,
Articles shall and file one of such articles in the office of the County Audi-
tor in which the principal place of business of the company
is intended to be located, a second in the office of the Secre-
tary of State and retain the third in the possession of the
Articles- company. Said articles shall state the corporate name of the
company, the objects for which the same shall be formed,
the time of its existence, not to exceed fifty years, the num-
ber of trustees and their names who shall manage the affairs
of the company for such length of time, not less than two
nor more than six months, as may be designated in said
articles, and the name of the city or town and County in
which the principal place of business of the company is to be
located; and upon the filing of said articles with the Insur-
ance Commissioner of this State, together with a statement
certified under the oath of its President and Secretary show-
ing the amount of the insurance and the number of risks
· pledged upon its books, and that it has otherwise complied
with the provisions of this statute, the Insurance Commis-
sioner shall grant such company or association a certificate
Amendments of authority to do business. Amendments may be made to
the articles of incorporation by supplemental articles executed
and filed the same as the original articles. The trustees of
By-Laws. any such company shall adopt such by-laws as they may
+
Certifcate of
authority.
SESSION LAWS, 1905.
67
SEC. 3.
or release
deem proper for the government of its affairs and said by-
laws shall also provide for the liability of its members, for
the payment of losses and expenses: Provided, That such
liability shall not be less than a sum equal to one annual pre- Liability.
mium nor more than a sum equal to five times the amount
of one annual premium, and such liability when so deter-
mined by the by-laws shall be the entire liability of each
member.
Sec. 2. No policy of insurance shall be issued by such Issuance of
policies,
company or association until no less than two hundred thou- when.
sand dollars of insurance has been subscribed and entered
upon its books.
No policy of insurance shall be issued for more Limit of valuo
than three-fourths of the estimated cost value of the prop-
erty insured.
Sec. 4. Any member of such company or association may Withdrawal
withdraw and be released from all liability as a member, by from
liability.
surrendering his policy of insurance in such company of
association, and by giving five days' notice in writing of his
intention to withdraw, and paying all obligaations, dues and
assessments due or pending at the time of his withdrawal;
but the liability of members for their pro rata shares of the
losses of such company or association shall not cease until
the foregoing conditions have been complied with.
Sec. 5. Every company or association organized or oper- Election of
ating under the provisions of this act shall hold an annual
meeting of its members, at which each member shall be en-
titled to vote on the election of trustees.
Sec. 6. It shall be the duty of the President and Secre- Duties of
president and
tary of such company or association doing business under secretary.
the provisions of this act, on or before the fifteenth day of
January of each year, to prepare and file in the office of the
Insurance Commissioner of this State a statement certified
under the oath of said President and Secretary, exhibiting
the following facts and items: First. The amount of the what to show.
property at risk on the thirty-first day of December next pre-
ceding the date of the report; the amount of risks added dur- Risks.
ing the previous year; the amount of risks cancelled, with-
drawn or terminated during the year, and the largest amount
of insurance carried on any single risk. Second. The
amount of cash received with applications, whether paid to Casb receipts.
agents or officers for insurance during the vear; the amount
;
received from assessments during the year; the amount re-
trustegu.
Statement
68
SESSION LAWS, 1906.
Louses.
Unpaid losies
reported.
InsuranCO
Commissioner
books, etc.-
wben.
ceived from all other sources, and the total income. Third.
The amount paid for losses during the year; the amount paid
officers and trustees; the amount paid office help; the amount
paid agents; the amount of all other expenditures, and the
Cash on hand total expenditures. Fourth. The amount of cash on hand;
the amount and nature of all other assets, and the total assets.
Fifth. The amount of losses reported during the year and
unpaid; the amount and nature of all other liabilities, and
the total liabilities, and no such company or association shall
use or exhibit for advertising purposes any other financial
statement than the one referred to in this section, or a copy
thereof.
Sec. 7. When it shall appear to the Insurance Commis-
may examine sioner from its annual report, or otherwise, that the solvency
of any mutual company or association doing business under
this act is impaired, or that the provisions of this act are being
violated, he shall immediately make examination of such com-
pany or association, and for that purpose he shall have access
to all books or papers of the company or association and shall
have power to administer oaths and to examine the various
officers thereof as to all matters pertaining to the business of
such company or association, and also such other witnesses
as may be material or important. If the unpaid losses of
the company amount to twenty-five cents on each one hun-
dred dollars ($100.00), insurance actually in force, or if the
laws of the State are being violated by the company or asso
ciation the Commissioner shall order the laws complied with
and require all losses to be paid within sixty days. If such
Revocation of company or association shall fail to comply with such require-
ments within sixty days the Commissioner shall revoke its
Commissioner. license to do business until all liabilities shail have been paid
in full and the laws are complied with in all respects. And
whenever the Commissioner shall make an examination as
provided in this section, he shall make a written report of
such examination, together with a sworn statement of the
expense of such examination, which amount and no morc
shall be collected from such examined company or associa-
Penalty for tion, and file the same in his office. Should any conipany or
association issue a policy of insurance without a license from
policy.
the Insurance Department of this State, or after the license
of such company or association has been suspended or
revoked it shall be liable to a penalty of one hundred dollars
for each offense: Provided, however, That the Insurance
license by
Insurance
unlawful
issuance of
SESSION LAWS, 1905.
69
Insurance
Commissioner shall have no power or authority to refuse a
live stock insurance company or association a license to do
business in this State if such company or association is sol-
vent and has fully complied with the laws of this Statc:
And provided further, That such Insurance Cominissioner
shall have no authority to revoke or suspend the license of
any association or corporation transacting the business of
mutual live stock insurance if such association or corporation
is solvent and complies with the provisions of this act.
Sec. 8. Each insurance company or association doing Foes to
business under this act shall pay the Insurance Commis- Oon missioner.
sioner: For filing articles of incorporation, $10.00; for an-
nual license to do business in this State, $10.00; for filing
each annual statement, $10.00; for annual license of each
agent or solicitor of such company, $5.00.
Sec. 9. All assessments levied shall be at the rate of fif- Assoumonts.
teen per cent. of the amount of the annual premi:im charged
by stock insurance companies as set forth in ratc book num-
ber four of the issue of 1900, as issued by the State Insur-
ance Commissioner, or the special rate books used by said
companies: Provided, Any association or company operating
under the provisions of this act may in the discretion of its
trustees, accept cash premiums for the term of the policy or
premium payable in installments evidenced by promissory
notes in lieu of assessments levied upon its members.
Any such association may create a reserve fund Reserve
for the benefit of its members and invest the same in State,
County, School or City bonds or warrants, in the State of
Washington, or may loan the same on real estate, such loan
in no case to exceed fifty per centum of the assessed valuation
of such real estate, and the interest thus earned, when not
used on account of the operating expenses of the association,
shall be added to and become a part of such reserve fund.
Sec. 11. Any association heretofore organized in whole Provision -
or in part in accordance with the provisions of this act shall, companies.
upon compliance with all of the provisions of this act that
shall have been theretofore complied with, be authorized to
do business under this act to the same extent and in the same
manner as though hereafter organized.
SEC. 12. The term "persons" as used in this act, shall Toro por:
be held to include corporations; and any such corporation
may become a member of any association or corporation
organized under this act.
SEC. io.
to old
800" donnod.
70
SESSION LAWS, 1906.
-
Emorgonoy.
SEC. 13. An emergency exists and this act shall take effect
immediately.
Passed the House February 9, 1905.
Passed the Senate February 17, 1905.
Approved by the Governor February 27, 1905.
CHAPTER 41.
(8. B. No. 88)
AMENDING ACT REGULATING PRACTICE OF MEDICINE
AND SURGERY.
AN ACT to amend Section 3 of an act entitled, "An act to regu-
late the practice of medicine and surgery in the State of
Washington, and to license physicians and surgeons; to punish
all persons violating the provisions of this act, and repeal
all laws in conflict therewith, and declaring an emergency,"
received by the Governor March 28, 1890, and having become
& law by reason of not having been äled, with the Governor's
objections thereto, in the otice of the Secretary of State
within the time prescribed by the Constitution of the State,
as amended by an act passed by the House of Representatives
February 8, 1901, and by the Senate February 14, 1901, there.
after vetoed by the Governor, and passed over his veto by the
House of Representatives and by the Senate on February 28,
1901, the same being known as Section 6284 of Pierce's Code.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That Section 3 of an act entitled, "An act to
regulate the practice of medicine and surgery in the State
of Washington and to license physicians and surgeons; to
punish all persons violating the provisions of this act, and
to repeal all laws in conflict therewith, and deciaring an
emergency," received by the Governor March 28, 1890, and
having become a law by reason of not having been filed, with
the Governor's objections thereto, in the office of the Secre-
tary of State within the time prescribed by the Constitution
of the State, as amended by an act passed by the House of
Representatives February 8, 1901, and by the Senate Febru.
ary 14, 1901, thereafter vetoed by the Governor, and passed
over his veto by the House of Representatives and by thic
Senate on February 28, 1901, the same being known as
SESSION LAWS, 1906.
71
Section 6284 of Pierce's Code, be amended to read as follows. 6284 Pierce
Amoddmant.
Section 3. Hereafter every person desiring to commence
Application
the practice of medicine and surgery, or either of them, in for licenu.
any of its or their branches, in this State, shall inake a writ-
ten application to said board for a license so to do. Eacii
applicant for such license shall be not less than twenty-one
years of age, shall furnish a certificate of good moral char-
acter, shall be a graduate of some duly authorized medical
college now having, if it still be in existence, at least a four
years graded course. Such applicant at the time and place
designated by said board, or at the regular mceting of said
board, shall submit to an examination in the following
branches : Anatomy, physiology, chemistry, histology, Examination,
materia medica, theraputics, preventive medicines, practice branches.
of medicine, surgery, obstetrics, diseases of women and chil-
dren, diseases of the nervous system, diseases of the eye and
ear, medical jurisprudence, and such other branches as the
board shall deem advisable. Said board shall cause said
examination to be both scientific and practical and of suffi-
cient severity to test the candidate's fitness to practice medi-
cine and surgery; which examination shall be by written or
printed, or partly written or partly printed questions and
answers and the same shall be filed and preserved of record
in the office of the secretary of board. After examina-
tion, if the same be satisfactory, said board shall grant a Licenser
bow rated.
license to such applicant to practice medicine and surgery
in the State of Washington, which said license can only be
granted by the consent of not less than five members of said
board, except as hereinafter provided and which said license
shall be signed by the president and secretary of said board,
and attested by the seal thereof. The fee for such examina- Foo.
tion shall be twenty-five dollars and shall be paid by the
applicant to the treasurer of said board toward defraying the
expenses thereof and toward the enforcement under the
supervision and control of said board of the provision of
this act; and such board may refuse or revoke a license for Rovocation of
unprofessional or dishonorable conduct, subject, however, to
the right of such applicant to appeal from the decision of said
board refusing or revoking such license as hereinafter pro-
vided.
Passed the Senate February 2, 1905.
Passed the House February 23, 1905.
Approved by the Governor February 27, 1905.
licenso.
72
SESSION LAWS, 1905.
CHAPTER 42.
(8. B. No. 94)
TO PREVENT FRAUDULENT REMOVAL OR OTHER DISPO-
SITION OF PERSONAL PROPERTY.
AN ACT to prevent the fraudulent removal, sale, disposition of,
encumbrance or destruction of personal property and to pro-
vide punishment for the violation thereof.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That any purchaser or lessee of personal
property obtaining the possession of such property under a
contract providing that the title thereto shall not vest in the
purchaser until the purchase price thereof has been paid in
full, who, with intent to hinder, delay or defraud the vendor
thereof or his or her assigns or legal representatives, shall
injure or destroy such property or any part thereof or shall
conceal such property or any part thereof, or shall remove
the same or any part thereof from the county where it was
situated at the time the possession thereof passed to said pur-
chaser or lessee before it is duly released, without the con-
sent in writing of the vendor, or shall sell or dispose of the
same or any interest therein where he parts with the posses-
sion thereof, without the consent in writing of the vendor,
shall be deemed guilty of a misdemeanor, and upon convic-
tion thereof shall be punished by imprisonment in the county
jail for a period not to exceed six months or by a fine of not
more than twice the value of such property, or by both such
fine and imprisonment.
Passed the Senate February 1, 1905.
Passed the House February 20, 1905.
Approved by the Governor February 27, 1905.
,
SESSION LAWS, 1906.
73
CHAPTER 43
(8. B. No. 6)
CREATING CERTAIN FUNDS FOR THE AGRICULTURAL
COLLEGE, AND THE STATE NORMAL SCHOOLS.
AN ACT creating two certain funds in the State treasury; one to
be known as “The current fund of the Agricultural College
and School of Science," and the other to be known as “The
Normal School current fund."
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That there be and hereby is created in the Collego.
Apicultural
State treasury a fund to be known as "The current fund of
the Agricultural College and School of Science."
Sec. 2. That there shall be paid into said fund for the
use and support of the Agricultural College and School of
Science: First-All moneys heretofore collected or hereafter
to be collected from the lease or rental of lands set apart by
the enabling act or otherwise for the Agricultural College
and School of Science;
Second-All interest or income arising from the proceeds
of the sale of any of said lands;
Third-All moneys received or collected as interest on
deferred payments on contracts for the sale of such lands.
Sec. 3. That there be and hereby is created in the State Normal
treasury a fund to be known as "The normal school current
fund."
Sec. 4. That there shall be paid into said “The norma
school current fund” for the use and support of the normal
schools of the State: First-All moneys heretofore collected
or hereafter to be collected from the lease or rental of lands
set apart by the enabling act or otherwise for the State
normal schools; Second-All interest or income arising from
the proceeds of the sale of said lands: Third-All moneys
received or collected as interest on deferred payments on
contracts for the sale of such lands.
Passed the Senate January 27, 1905.
Passed the House February 23, 1905.
Approved by the Governor February 27, 1905.
School.
74
SESSION LAWS, 1906.
CHAPTER 44
(8. B. No. 48)
FOR THE RELIEF OF F. C. OWINGS.
AN ACT for the relief of Frank C. Owings, and making an ap
propriation therefor.
Appropria
tion,
Be it enacted by the Legislature of the State of Washington.
SECTION 1. That the sum of one hundred and fifty
($150) dollars be and the same is hereby appropriated out
of any money in the State treasury not otherwise appropri-
ated for the relief of Frank C. Owings for legal services
rendered the State Treasurer for the benefit of the State
of Washington in litigation wherein the Attorney General
was a party to the proceeding, personally interested therein,
opposed to said State Treasurer and therefore unqualified to
represent him, which said litigation culminated in a decision
by the Supreme Court of the State, in the case entitled,
"State er rel. W. B. Stratton v. C. W. Maynard as State
Treasurer" and reported in Volume 35 Washington Re-
ports at page 168.
SEC. 2. The State Auditor is hereby authorized and
directed to draw a warrant on the State Treasurer in favor
of said Frank C. Owings for said amount and the State
Treasurer is directed to pay said warrant out of any money
in the State treasury not otherwise appropriated.
Passed the Senate January 27, 1905.
Passed the House February 23, 1905.
Approved by the Governor February 27, 1905.
SESSION LAW8. 1906.
75
CHAPTER 45.
(8. B. No. 48)
FOR THE RELIEF OF THE CAPITAL NATIONAL BANK.
AN ACT for the relief of the Capitol (Capital) National Bank of
Olympia for money advanced for the maintenance of the State
Capitol and making an appropriation therefor.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That there is hereby appropriated out of the Appropria
general fund the sum of eighteen hundred and four and
31-100 dollars ($1804.31). The said sum payable to the
Capitol (Capital) National Bank of Olympia by the State
Auditor upon proper vouchers, duly presented, being for
money advanced for the maintenance of the capitol for the
months of October, November and December, 1904.
SEC. 2. The State Auditor is hereby authorized and in-
structed to draw a warrant on the State Treasurer in favor
of the Capitol (Capital) National Bank of Olympia for
eighteen hundred and four and thirty-one one-hundredths
dollars and the State Treasurer is hereby directed to pay
said warrant out of any moneys in the treasury not other-
wise appropriated.
Passed the Senate February 7, 1905.
Passed the House February 23, 1905.
Approved by the Governor February 27, 1905.
76
SESSION LAWS, 1905.
CHAPTER 46
(8. B. No. 96)
FOR THE REGULATION AND GOVERNMENT OF THE STATE
PENITENTIARY.
Felony to
take woopons
to personi
contaed.
Penalty.
Felony to
provide
moans of
dicipo.
AN ACT to amend Section 28 of an act entitled, “An act to de
ine, regulate and govern the State Penitentiary and declaring
an emergency," approved March 9, 1891, being Section 2757
of Ballinger's Annotated Codes and Statutes of Washington,
being Section 6924 of Pierce's Washington Code."
Be it enacted by the Legislature of the State of Wasiungton:
SECTION 1. That Section 2757 of Ballinger's Annotated
Codes and Statutes of Washington be amended to read as
follows: Section 2757. Any person who shall unlawfully
.
take or carry, or cause to be taken or carried, to the Peni-
tentiary, for the use of any person confined therein, any
weapon or explosive, shall be guilty of a felony, and on
conviction thereof shall be punished by imprisonment in the
Penitentiary for life, or any term of years.
Section 27570 Any person who shall unlawfully take or
carry, or cause to be taken or carried to the Penitentiary, for
the use of any person confined therein, any rope, cord, wire,
or mechanical tool or device which can be used to attempt
an escape, or any opium, morphine or other drug, or who
shall aid any prisoner confined therein, in any way to escape,
or who shall harbor or conceal any escaped prisoner, shall
be guilty of a felony, and on conviction thereof shall be pun-
ished by imprisonment in the Penitentiary not more than ten
(10) years nor less than one (1) year, or by fine not ex-
cccding fifteen hundred dollars ($1500) nor less than one
hundred dollars ($100), or by both fine and imprisonment.
Passed the Senate February 2, 1905.
Passed the House February 23, 1905.
Approved by the Governor March 2, 1905.
a
Penalty.
SESSION LAWS, 1905.
77
CHAPTER 47.
(8. B. No. 87)
EXTENDING TIME FOR REMOVAL OF TIMBER PRODUCTS
FROM STATE, GRANTED OR SCHOOL LANDS.
AN ACT authorizing the Board of State Land Commissioners of
the State of Wasblogton to extend the time for the removal
of timber sold on State, granted, or school lands.
Be it enacted by the Legislature of the State of IVashington.
SECTION 1. That all persons, firms, or corporations who,
prior to March 18, 1901, purchased from the State of Wash-
ington timber on State, school, or granted lands, and who
have not already removed the timber therefrom, shall have
a period of ten years from March 18, 1901, in which to re-
move the timber from such lands.
SEC. 2. All acts and parts of acts in conflict with this Repeal.
act are hereby repealed.
Passed the Senate February 8, 1905.
Passed the House February 20, 1905.
Approved by the Governor March 2, 1905.
CHAPTER 48.
(8. B. No. 86)
RELATIVE TO THE SANITARY CONDITION OF HOTELS AND
RESTAURANTS.
AN ACT providing for sanitary conditions in hotel and restaur.
ant kitchens, and providing penalties for non-compliance
therewith.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. All buildings or rooms occupied as a kitchen
in connection with hotels or restaurants, shall be drained and Drainsko and
plumbing
plumbed in a manner conducive to the proper and healthful
condition thereof and shall be constructed with air shafts,
78
SESSION LAWS, 1906.
Violation und
ponalty.
windows or ventilating tubes sufficient to assure an ade-
quate ventilation, and that no water or earth closet, privy
or ash pit shall be within, or directly communicate with
any such kitchen.
Sec. 2. Any person who violates the provisions of this
act, by making use of any kitchen not fitted in conformity
therewith, shall be guilty of a misdemeanor and on con-
viction thereof shall be fined not less than twenty-five nor
more than fifty dollars or imprisoned in the County jail not
inore than fifteen days for the first offense, and shall be fined
not less than fifty nor more than one hundred dollars or
imprisoned in the County jail not more than thirty days for
the second or any succeeding offense.
Passed the Senate February 1, 1905.
Passed the House February 23, 1905.
Approved by the Governor March 2, 1905.
CHAPTER 49.
(8. B. No. 9)
DRAWING CHECK OR DRAFT, WITHOUT FUNDS TO COVER
SAME, A MELONY.
AN ACT making the drawing, or uttering, of a bank check or
draft for toe payment of money, without funds or credit to
meet the same upon presentation, a felony, and prescribing a
penalty therefor.
Be it enacted by the Legislature of the State of Washington:
Section 1. Any person who shall with intent to defraud
make, or draw, or utter, or deliver to another person any
check, or draft, on a bank or other depository for the pay-
ment of money, knowing at the time of such drawing, or
delivery, that he has not sufficient funds in, or credit with
said bank or depository, to meet said check, in full upon its
presentation, shall be guilty of a felony, and upon conviction
thereof shall be punished by imprisonment in the Peniten-
tiary for not more than five years or less than one year, or
imprisonment in the County jail for any length of time not
Porslty.
SESSION LAWS, 1906.
79
exceeding one year. The word "Credit" as used herein shall
be construed to mean an arrangement or understanding with
the bank for the payment of such check or draft.
Passed the Senate January 19, 1905.
Passed the House February 23, 1905.
Approved by the Governor March 2, 1905.
7
CHAPTER 50
(8. B. No. 8)
PROHIBITING THE SALE OF ADULTERATED MILK OR
OTHER FOOD PRODUCT.
AN ACT probibiting the sale of milk or any food product in
which formaldehyde or other poisonous substances shall bave
been mixed as an ingredient; declaring the same a felony;
providing a penalty therefor; and requiring the State Dairy
and Food Commissioner, Attorney General and Prosecuting
Attorneys to enforce the provisions hereof.
milk
Be it enacted by the Legislature of the State of Washington:
SECTION 1. Any person who shall sell, offer to sell, or
have in his possession for the purpose of sale, either as
owner, proprietor, or assistant, or in any manner whatso-
ever, whether for hire or otherwise, any milk or any food
products, containing the chemical ingredient commonly Felony to
known as formaldehyde, or in which any formaldehyde or adulterato
other poisonous substance has been mixed, for the purpose
of preservation or otherwise, shall be guilty of a felony, and
upon conviction thereof shall be imprisoned in the Peni- Penalty.
tentiary for the period of not less than one (1) year nor
inore than three (3) years.
Sec. 2. This act shall be supplementary to the laws of Sapple.
this State now in force prohibiting the adulteration of food existing laws.
and fraud in the sale thereof; and the State Dairy and Food
Commissioner, the chemist of the State Agricultural Ex-
periment Station, the State Attorney General and the prose-
cuting attorneys of the several counties of this State are
hereby required, without additional compensation, to assist
in the execution of this act, and in the prosecution of all
montary to
80
SESSION LAWS, 1906.
persons charged with the violation thereof, in like manner
and with like powers as they are now authorized and re-
quired by law to enforce the laws of this State against the
adulteration of food and fraud in the sale thereof.
Passed the Senate January 31, 1905.
Passed the House February 23, 1905.
Approved by the Governor March 2, 1905.
CHAPTER 51.
(B. B. No. 84)
AMENDING ACT RELATIVE TO ADULTERATION OF FOOD.
AN ACT to amend Sections 5 and 6 of "An act to provide
against the adulteration of food and fraud in the sale there
of; creating a State Board of Food Commission, defining their
duties and providing for the appointment of an omcer to be
known as the State Dairy and Food Commissioner; providing
for the enforcement of the law and fxing a penalty for viola-
tion thereof; making an appropriation, declaring an emer.
gency and repealing, "An act to provide against the adultera-
tion of food, approved March 13, 1899," approved March 16,
1901.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That section 5 of an "Act to provide against
the adulteration of food and fraud in the sale thereof; cre-
ating a State Board of Food Commission, defining their
duties and providing for the appointment of an officer to
be known as the State Dairy and Food Commissioner ; pro
viding for the enforcement of the law and fixing a penalty
for violation thereof; making an appropriation, declaring an
emergency, and repealing "An act to provide against the
adulteration of food approved March 13, 1899," approved
March 16, 1901, is hereby amended to read as follows:
Amendmont. Section 5. Possession by any person, firm or corporation
of any article of food, the sale of which is prohibited by this
act, or being the consignee thereof, shall be prima facie
evidence that the same is kept or shipped to the said person,
firin or corporation in violation of the provisions of this act.
SESSION LAWS, 1905.
81
and the Dairy and Food Commissioner is hereby authorized Duty of
Oommiusiona.
to seize upon and take into his possession such articles of
food and thereupon apply to the Superior Court of the
County in which such food is seized for an order directing
him to dispose of or sell the same and apply the proceeds
to the general fund, less the amount required to reimburse
the purchaser for actual loss as shown by the bill, provided
he or they have a guarantee as required in Section 4; Pro-
vided, however, That the said Dairy and Food Commissioner
shall first give notice to the person, firm or corporation in
whose possession such goods are found, or if the same are
found in the possession of a common carrier, then to the con-
signee of such food, notifying such person, firm or corpora- Notico.
tion that he has seized the said foods and the reasons therefor,
and that he has made an application to the Superior Court
for an order to sell or dispose of the same, and that he will
call up said application for hearing on a day certain, which
shall not be less than ten days from the service of such notice,
and that at the hearing of said application the said person,
firm or corporation shall show cause, if any they have, why
the prayer of the petition should not be granted. Upon the
hearing of said petition the affidavits or oral testimony may
be introduced to establish the contention of the respective
parties. Hearing, however, may be had at an earlier day Herring.
by mutual consent of the parties to said application.
Sec. 2. That Section 6 of an "Act to provide against the
adulteration of food and fraud in the sale thereof; creating
a State Board of Food Commission, defining their duties and
providing for the appointment of an officer to be known as
the State Dairy and Food Commissioner; providing for the
enforcement of the law and fixing a penalty for violation
thereof; making an appropriation; declaring an emergency,
and repealing “An act to provide against the adulteration
of food; approved March 13, 1899," approved March 16,
1901, be amended to read as follows: Section 6.
Section 6. Every Amendment.
person selling, exhibiting or offering for sale, manufacturing
or having in his possession with intent to sell or serve, or
delivering to a purchaser, any article of food included in
the provisions of this act, shall furnish to any person de-
manding the same, who shall apply to him for the purpose
and shall tender him the price at which the article of food
is sold, a sample sufficient for the analysis of any such article
of food which is in his possession.
82
SESSION. LAWS, 1905.
Parking of
packagou.
1
All food packages shall be marked, stenciled or branded
on the package in a conspicuous manner with the name of
the purporting contents.
Passed the House February 2, 1905.
Passed the Senate February 23, 1905.
Approved by the Governor March 2, 1905.
1
i
CHAPTER 52.
(8. B. No. 28)
PROVIDING FOR PAYMENT OF PREMIUM ON OFFICIAL
BONDS OF STATE, COUNTY OR CITY TREASURERS.
AN ACT to provide for the payment by the State or Counties or
Cities of the premium or charge on oficial bonds of state,
County or City Treasurers when given by surety companies.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That the premium or charge for bonds given
by surety companies for State treasurers, County treasurers
Oities of arst, and treasurers of cities of the first, second and third class,
third classon shall be paid by the State, County or city, respectively:
Provided, That no such premium or charge shall exceed one
half of one per cent per annum on the amount of such
bond.
Passed the House February 14, 1905.
Passed the Senate February 24, 1905.
Approved by the Governor March 2, 1905.
SESSION LAW8, 1906.
83
CHAPTER 53.
(A. B. No. 82)
CHANGING NAME OF THE WASHINGTON AGRICULTURAL
COLLEGE TO THE "STATE COLLEGE OF WASHINGTON."
AN ACT to change the name of the Wasbington Agricultural
College Experiment Station and School of Science to the
State College of Washington.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That the name of the Washington Agricul-
tural College Experiment Station and School of Science he
and the same is hereby changed to the State College of
Washington.
SEC. 2.
That such change of name shall not be construed Construction
to indicate any change in the purposes, function or work
of said institution but that the same shall be and remain as
provided by law.
Sec. 3. That all rights, privileges, immunities and obli-
gations of the Washington Agricultural College Experiment
Station and School of Science shall continue to the State
College of Washington.
Passed the House, February 15, 1905.
Passed the Senate, February 24, 1905.
Approved by the Governor March 2, 1905.
of damo.
CHAPTER 54.
(H. B. No. 110)
AMENDING ACT RELATIVE TO CLOSED SEASON FOR
TROUT IN CHELAN COUNTY.
AN ACT to amend Section one (1) of Chapter forty-seven (47)
of the laws of 1003, providing for a closed season for trout
nshing in the lakes and streams of Chelan County.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That Section one (1) of Chapter forty-seven
(47) of the laws of 1903 be and the same is hereby amended
to read as follows:
84
SESSION LAWS, 1906.
Amendmont.
Section 1. It shall not be lawful for any person or per-
sons to take, capture, catch or kill from any of the lakes or
streams within the County of Chelan, or to have in their
possession after the same have been taken, captured, caught
or killed, any trout between the fifteenth day of April and
the first day of July in each year.
Passed the House, February 15, 1905.
Passed the Senate, February 23, 1905.
Approved March 2, 1905.
CHAPTER 55.
(H. B. No, 102)
ENABLING CITIES OF FIRST, SECOND AND THIRD
CLASSES TO REINCORPORATE.
AN ACT to enable cities of the first, second and third classes,
,
and other cities and towas working under special charters,
having suficient population to authorize them to re-incor-
porate under the laws of the State of Washington, as cities
of the first. second or third class, to exercise the right of
eminent domain for the taking and damaglag of land and
property for public purposes, providing a method for making
compensation therefor, and providing for special assessments
in certain cases upon property benefited, and declaring an
emergency
Be it enacted by the Legislature of the State of Washington:
SECTION 1. Every city of the first, second and third
classes, within the State of Washington, and every city and
lown within the State of Washington, working under special
charters, having sufficient population to authorize them to
re-incorporate as cities of the first, second or third class,
under the laws of the State of Washington, is hereby author-
May condemn ized and empowered to condemn land and property for
and Tor what streets, avenues, alleys, highways, bridges, approaches, cul-
verts, drains, ditches, public squares and public markets,
city and town halls, jails and other public buildings and for
the opening, widening, extending, altering and straightening
of any street, avenue, alley or highway, and to damage any
land or other property for any such purpose or for the
—
porpoici.
SESSION LAWS, 1906.
85
hoy made,
purpose of making changes in the grade of any street,
avenue, alley or highway, or for the construction of slopes
or retaining walls for cuts and fills upon real property abut-
ting on any street, avenue, alley or highway now ordered
to be, or such as shall hereafter be ordered to be opened,
extended, altered, straightened or graded, or for the purpose
of draining swamps, marshes or ponds, or filling the same,
within the limits of such city, and to condemn land or prop-
erty, or to damage the same, either within or without the
limits of such city for public parks, drives and boulevards,
hospitals, pest houses, drains and sewers, and for aqueducts,
reservoirs, pumping stations and other structures for con-
veying into and through such city a supply of fresh water,
and for the purpose of protecting such supply of fresh water
from pollution, and to condemn land and other property and
damage the same for any other public use within the author-
ity of such city after just compensation having been first
made or paid into court for the owner in the manner pre-
scribed by this act.
Sec. 2. When the corporate authorities of any such city Compensation,
shall desire to condemn land or other property, or damage
the same, for any purpose authorized by this act, such city
shall provide therefor by ordinance, and unless such ordi-
dance shall provide that such improvement shall be paid for
wholly or in part by special assessment upon property bene-
fited, compensation therefor shall be made from any general
funds of such city applicable thereto. If such ordinance
shall provide that such improvement shall be paid for wholly
or in part by special assessment upon property benefited,
the proceedings for the making of such special assessment
shall be as hereinafter prescribed in this act: Provided,
That no special assessment shall be levied under authority Provision as
of this act except when made for the purpose of streets, sessments
avenues, alleys or highways or alterations thereof or changes
of the grade therein or other improvements in or adjoining
the same, or for bridges, approaches, culverts, sewers, drains,
ditches, public squares, drives or boulevards or for the pur-
pose of draining swamps, marshes or ponds, or for filling the
same: And it is further provided, That when a street, avenue,
highway or boulevard is established or widened to a width
greater than one hundred and fifty feet the excess over and
above the one hundred and fifty feet shall be paid out of the
86
SESSION LAWS, 1906.
Petition.
Potition,
what to
contain.
general fund of such city without any deduction for benefits
of such excess.
SEC. 3. Whenever any such ordinance shall be passed
by the legislative authority of any such city for the making
of any improvement authorized by this act or any other im-
provement that such city is authorized to make, the making
of which will require that private property be taken or
damaged for public use, such city shall file a petition in
the Superior Court of the County in which such city is
situated, in the name of the city, praying that just com-
pensation, to be made for the private property to be taken or
damaged for the improvement or purpose specified in such
ordinance, "be ascertained by a jury or by the Court in case
a jury be waived."
Sec. 4. Such petition shall contain a copy of said ordi-
nance, certified by the clerk under the corporate seal, a
reasonably accurate description of the lots, parcels of land
and property, which will be taken or damaged, and the names
of the owners and occupants thereof and of persons having
any interest therein, so far as known, to the officer filing
the petition or appearing from the records in the office of
the County Auditor, and where any known owners or other
persons so interested are non-residents of the State, stating
the fact of such non-residence.
Sec. 5. Upon the filing of the petition aforesaid a sum-
mons, returnable as summons in other civil actions, shall
be issued and served upon the persons made parties defend-
ant, together with a copy of the petition, as in other civil
actions. And in case any of them are unknown or reside
out of the State, a summons for publication shall issue and
publication be made and return and proof thereof be made in
the same manner as is or shall be provided by the laws of
the State for service upon absent defendants in other civil
actions. Notice so given by publication shall be sufficient
to authorize the Court to hear and determine the suit as
though all parties had been sued by their proper names and
had been personally served.
Sec. 6. In case the land, real estate, premises or other
Stato, school, property sought to be appropriated or damaged is State,
,
of county School or County land, the summons and copy of petition
shall be served on the Auditor of the County in which such
land, real estate, premises or other property is situated.
Service upon other parties defendant shall be made in the
Gammog..
Notico.
land.
SESBION LAWS, 1906.
87
ImMODI.
determine
same manner as is or shall be provided by law for service of
summons in other civil actions.
SEC. 7. Upon the return of said summons, or as soon Retorn of
thereafter as the business of Court will permit, the said Court
shall proceed to the hearing of such petition and shall im-
panel a jury to ascertain the just compensation to be paid to
all of such owners and occupants aforesaid; but if any
defendant or party in interest shall demand, and the Court
shall deem it proper, separate juries may be impaneled as
to the compensation or damages to be paid to any one or
more of such defendants or parties in interest.
Sec. 8. Such jury shall also ascertain the just compensa- Jury to
tion to be paid to any person claiming an interest in any lot, com ponuation.
parcel of land or property which may be taken or damaged
2
by such improvement, whether or not such person's name
or such lot, parcel of land or other property is mentioned or
described in such petition: Provided, Such person shall first
be admitted as a party defendant to said suit by such Court
and shall file the statement of his interest in and description
of the lot, parcel of land or other property in respect to
which he claims compensation.
SEC. 9. The Court may upon the motion of such city or Duty of
of any person claiming such compensation, direct that said
jury (under the charge of an officer of the Court) shall view
the premises which it is claimed by any party to said pro-
ceeding will be taken or damaged by said improvement, and
in any case where there is no satisfactory evidence given to
the jury as to the ownership of or as to the extent of the
interest of any defendant in the property to be taken or
damaged, the jury may return their verdict as to the com-
pensation or damage to be paid for the property or part of
property to be taken or damaged for the entire interests
therein.
Sec. 10. If there be any building standing, in whole or in Separato
part, upon any land to be taken, the jury in their verdict building.
shall add to their finding of damage to the land the damages
also to the building or part of building necessary to be
taken, if it be the property of the owner of the land; when
owned by any other person the damages to the building shall
be found separately. The value of such building to the Valne.
owner to remove, or of the part thereof necessary to be
taken, shall also be found by the jury. At any time before
the entry of judgment on the verdict such owner may file
Court.
Anding-00
88
SESSION LAWS, 1906.
Hetur of
verdict.
with the clerk of the Court in writing his election to take
such building or part of building at the value so found in
case of removal, and in such case the amount of such value
shall be deducted from the damages found for the land and
building, where they belong to the same owner, and from
the damages found for the building where they belong to
different owners, and the owner shall have such time for the
removal of such building after the entry of judgment as
the Court shall allow. If the owner shall fail to give notice
of his election as aforesaid within the time prescribed, then
no deduction shall be made from the damages found as
aforesaid, and such building shall become the property of the
city in like manner as the land upon which the same stands.
If the lands and buildings belong to different persons, or if
the land be subject to lease, the damages done to such per-
sons, respectively, may be separately found by the jury on
the request of any party.
Sec. 11. Upon the return of the verdict the proceedings
of the Court regarding new trial and the entry of judgment
thereon shall be the same as in other civil actions, and the
judgment shall be such as the nature of the case shall
require. The Court shall continue or adjourn the case from
time to time as to all occupants and owners named in such
petition who shall not have been served with process or
brought in by publication, and new summons may issue or
new publication may be made at any time; and upon such
occupants or owners being brought in, the Court may im-
panel a jury to ascertain the compensation so to be made to
such defendant or defendants for private property taken or
damaged, and like proceedings shall be had for such purpose
as hereinafter provided.
Sec. 12. The Court shall have power at any time, upon
proof that any such owner or owners named in such petition
who has not been served with process has ceased to be such
owner or owners since the filing of such petition, to impanel
a jury and ascertain the just compensation to be made for
the property (or the damage thereto) which has been owned
by the person or persons so ceasing to own the same, and
the Court may upon any finding or findings of any jury or
juries, or at any time during the course of such proceedings
enter such order, rule, judgment or decree as the nature of
the case may require.
1
Power of
Court.
SESSION LAWS, 1905.
89
delay
.
insane
ruardian for.
Sec. 13. No delay in ascertaining the amount of com-Contests not
pensation shall be occasioned by any doubt or contest which proceeding.
may arise as to the ownership of the property, or any part
thereof, or as to the interests of the respective owners or
claimants, but in such case the Court may impanel a jury
to ascertain the entire compensation or damage that should
be paid for the property or part of property, and the entire
interests of all the parties therein, and may require adverse
claimants to interplead, so as to fully determine their rights
and interests in the compensation so ascertained. And the Order of
Court may make such order as may be necessary in regard
to the deposit or payment of such compensation.
Sec. 14. When it shall appear from said petition or other-
wise, at any time during the proceedings upon such petition,
that any infant or insane or distracted person is interested Iolant or
in any property that is to be taken or damaged, the Court person
shall appoint a guardian ad litem for such infant or insane
or distracted person to appear and defend for him, her or
them, and the Court shall make such order or decree as it
shall deem proper to protect and secure the interest of such
infant or insane or distracted person in such property or the
compensation which shall be awarded therefor.
SEC. 15. When the ordinance providing for any such im-
provement provides that compensation therefor shall be paid
in whole or in part, by special assessment upon property
benefited, the compensation found by the jury for any land Compensation
or property taken shall be irrespective of any benefit from irrespective
the improvement proposed. When such ordinance does not
provide for any assessment, in whole or in part, upon prop-
erty benefited, the compensation found for land or property
taken, and in all cases the damages found in respect to land
or property not taken, shall be ascertained over and above
any local and special benefit arising from such proposed
improvement, except as provided in section two of this act
as to streets, avenues and boulevards established or widened
to a width greater than one hundred and fifty feet, in which
class of cases no benefits shall be deducted as to such excess.
Sec. 16. Any final judgment or judgments rendered by Final
judgments.
said Court upon any finding or findings of any jury or juries,
or upon any finding or findings of the Court in case a jury
be waived, shall be lawful and sufficient condemnation of the
land or property to be taken, or of the right to damage the
same in the manner proposed, upon the payment of the
of bonefi.
90
SESSION LAWS, 1905.
Owport.
amount of such findings and all taxable costs, as hereinafter
provided. It shall be final and conclusive as to the damages
caused by such improvement unless such judgment or judg-
ments shall be appealed from; and no appeal from the same
shall delay proceedings under said ordinance, if such city
shall pay into Court for the owners, as directed by the
Court, the amount of the judgment and costs, and such city,
Liability to after making such payment into Court, shall be liable to such
owner or owners for the payment of any further compensa-
tion which may at any time be finally awarded to such par-
ties so appealing in said proceeding, and his or her costs,
and shall pay the same on the rendition of judgment there-
for, and abide any rule or order of the Court in relation to
Appoals. the matter in controversy. In case of an appeal to the
Supreme Court of the State by any party to the proceedings
the money so paid into the Superior Court, by such city, as
aforesaid, shall remain in the custody of said Superior
Court until the final determination of the proceedings. If
the owner of the land, real estate, premises, or other prop-
Accoptance of erty accepts the sum awarded by the jury, the Court or the
Judge thereof, he shall be deemed thereby to have waived
conclusively an appeal to the Supreme Court and final judg-
ment by default may be rendered in the Superior Court as
in other cases.
Sec. 17. The Court, upon proof that just compensation
so found by the jury, or by the Court in case the jury is
waived, together with costs, has been paid to the person
entitled thereto, or has been paid into Court as directed by
the Court, shall enter an order that the city or town shall
have the right at any time thereafter to take possession of
or damage the property in respect to which such compensa-
tion shall have been so paid or paid into Court as aforesaid,
Title, where and thereupon, the title to any property so taken shall be
vested in fee simple in such city or town.
Sec. 18. When the ordinance under which said improve-
ment is ordered to be made shall not provide that such im-
provement shall be made wholly by special assessment upon
property benefited, the whole amount of such damages and
costs, or such part thereof as shall not be assessed upon
property benefited shall be paid from the general fund of
general
iund—when. such city or town, and if sufficient funds therefor are not
already provided, such city or town shall levy and collect
a sufficient sum therefor as part of the general taxes of such
vostod.
Paid from
SESSION LAWS, 1905.
91
city or town, or may contract indebtedness by the issuance
of bonds or warrants therefor as in other cases of internal
improvements.
Sec. 19. When such ordinance under which said improve-
ments shall be ordered shall provide that such improvement
shall be paid for in whole or in part by special assessment,
or special taxation of property benefited thereby, the damage
and costs awarded, or such part thereof as is to be paid from
special taxation or special assessment, shall be levied, assessed
and collected in the manner hereinafter provided.
Sec. 20. Such city may file in the same proceeding a
Supplomen.
tary potition.
supplementary petition praying the Court that an assessment
be made for the purpose of raising an amount necessary to
pay the compensation and damages which may or shall have
been awarded for the property taken or damaged, with costs
of the proceedings, or for such part thereof as the ordinance
shall provide. The said Court shall have power at any time
after such supplementary petition shall have been filed, to
appoint three commissioners to make such assessment and
also to ascertain and include therein, as near as may be, the
costs incurred to the time of such appointment and the prob-
able further costs of the proceedings, including therein the
estimated costs of making and collecting such assessment,
and shall direct such costs to be included by such commis-
sioners in making said compensation.
Sec. 21. Upon the filing of such petition the Court shall
appoint three competent persons as commissioners, who shall
take and subscribe an oath substantially as follows, 10-wit :
"State of Washington, County of.
SS. Oath of throo
Commi.
"We, the undervigned Commissioners appointed by the Su-vionora
perior Court of .... ...County, State of Washington, to
assess the cost of ....
(here state in general terms the
improvement), do solemoly swear (or afirm, as the case may
be) that we will a true and impartial Assessment make of the
cost of said improvement upon the City of..... ...and
the property beneated by such Improvement, to the best of our
ability and according to law."
1
Sec. 22. It shall be the duty of the Superior Judge and Daty of 8a.
perior Judge.
such commissioners to examine the locality where the im-
provement is proposed to be made, and the lots, blocks, tracts
and parcels of land that will be especially benefited thereby,
and to estimate what proportion, if any, of the total cost of
such improvements will be of benefit to the public and what
92
SESSION LAWS, 1905.
Examination
Docosur.
proportion thereof will be of benefit to the property to be
benefited, and apportion the same between the city and such
property, so that each shall bear its relative equitable propor-
tion; and having found said amounts to apportion and assess
the amount so found to be of benefit to the property upon
the several lots, blocks, tracts and parcels of land in the
proportion in which they will be severally benefited by such
improvement: Provided, That no lot, block, tract or parcel
of land shall be assessed a greater amount than it will be
actually benefited, nor shall any lot, block, tract or parcel
of land which shall have been found by the jury or Court
to be damaged be assessed for any benefits: And provided
of Fround Dot further, That it shall not be necessary for said commissioners
to examine the locality excepting where the ordinance pro-
vides for the establishment, opening, widening or improve-
ment of streets, avenues, alleys or highways. Such part of
the compensation, damages and costs as is not finally assessed
against property benefited shall be paid from any general
funds of the city or town applicable thereto.
Sec. 23. Such commissioners shall also make, or cause
Assousmont to be made an assessment roll, in which shall appear the
roll.
names of the owners so far as known, description of each lot,
block, tract or parcel of land and the amount assessed as
special benefits thereto, and in which they shall set down as
against the city the amount they shall have found as public
benefit, if any, and certify such assessment roll to the Court
by which they were appointed within sixty days after their
appointment, or within such extension of said period as shall
be allowed by the Court.
Sec. 24. After the return of such assessment roll the
Honring. Court shall make an order setting a time for the hearing
thereof before the Court, which day shall be at least twenty
days after the return of such roll. It shall be the duty of
such commissioners to give notice of such assessment and of
the day fixed by the Court for the hearing thereof in the
following manner:
1. They shall send by mail to each owner of premises
assessed, whose name and place of residence is known to
them, a notice substantially in the following form:
"Mr.
your, (here give a short description of the
premises) is assessed $.... .for public improvement. Hear-
Form.
SESSION LAWS, 1905.
93
ing on the assessment roll will be bad before the Superior Court
of...
.County...
(bere give date.)
.
Commissioners."
Dotico
2. They shall cause at least ten days' notice to be given Ton daya
by posting notice in at least three public places in such city,
one of which shall be in the neighborhood of such proposed
improvement, and when a daily newspaper is published in
such city, by publishing the same at least five successive days
in such daily newspaper, or if no daily newspaper is pub-
lished in such city and a weekly newspaper is published
therein, then at least twice, being once in each week for two
successive weeks, in such weekly newspaper, or if no daily
or weekly newspaper is published in such city, then in a
newspaper published in the County in which such city is
situated, which notice may be substantially as follows:
8PKUL ASSESSMENT NOTICE.
"Notice is hereby given to all persons interested that the City
Council (or other Legislative authority) of......
having ordered that (here insert the description and nature of
improvements substantially as lo the ordinance) have applied to
the Superior Court of...... ....County for assessment of the
cost of said improvements according to benefits, and an asse88-
ment thereof having been made and returned to said Court, the
final hearing thereon will be had before said Court on the..
day of... .... A. D. 19..... All persons desiring may then
and there appear and make their defense.
Commissioners."
Sec. 25. On or before the final hearing, the affidavit of
one or more of the commissioners shall be filed in said Court,
stating that they have sent, or caused to be sent, by mail,
to the owners whose premises have been assessed and whose
names and place of residence are known to them, the
notice hereinbefore required to be sent by mail to owners
of premises assessed. They shall also cause to be filed the
affidavit of the person who posted the notice required by this andavits of
posting
act to be posted, setting forth when and in what manner the notice.
same were posted. Such affidavit shall be received as prima
facie evidence of a compliance with this act in regard to
94
SESSION. LAWS, 1905.
.
giving such notices. They shall also file a certificate of
publication of such notice in like manner as is required in
other cases of publication of summons.
Sec. 26. If ten days shall not have elapsed between the
first publication or the posting of such notices and the day
set for hearing, the hearing shall be continued until such time
Jarisdiction as the Court shall order. The Court shall retain full juris-
diction of the matter, until final judgment on the assess-
ments, and if the notice given shall prove invalid or insuffi-
cient the Court shall order new notice to be given.
Sec. 27. Any person interested in any real estate to be
Piling of
objectioni. affected by such assessment may appear and file objections
to such report, and the Court may make such rule or order
in regard to the time of filing such objections as the Court
shall deem proper. As to all lots, blocks, tracts and parcels
of land, to the assessment of which objections are not filed
within the time specified by said notices, default may be
entered and the assessment confirmed by the Court.
Sec. 28. On the hearing, the report of such commission-
Evidenca
ers shall be competent evidence, and either party may intro
duce such other evidence as may tend to establish the right
of the matter. The hearing shall be conducted as in other
cases at law, tried by the Court without a jury, and if it shall
appear that the premises of the objector are assessed more or
less than they will be benefited, or more or less than their
proportionate share of the costs of the improvement, the
Court shall so find, and also find the amount in which said
premises ought to be assessed, and the judgment shall be
entered accordingly.
Sec. 29. The Court before which any such proceedings
Ohangos in
may be pending shall have authority at any time before final
judgment to modify, alter, change, annul or confirm any
assessment returned as aforesaid, or cause any such assess-
ment to be recast by the same commissioners, whenever it
shall be necessary for the obtainment of justice, or may
appoint other commissioners in the place of all or any of the
commissioners first appointed for the purpose of making such
assessment or modifying, altering, changing or recasting the
same, and may take all such proceedings and make all such
orders as may be necessary to make a true and just assess-
ment of the cost of such improvement according to the
principles of this act, and may from time to time, as may be
Hearing
how con
ducted.
Issumont.
SESSION LAWS, 1906.
95
lion till
roll to bo
necessary, continue the application for that purpose as to
the whole or any part of the premises.
Sec. 30. The judgment of the Court shall have the effect Judgment
of a separate judgment as to each tract or parcel of land when.
assessed, and any appeal from such judgment shall not invali-
date or delay the judgment except as to the property con-
cerning which the appeal is taken. Such judgment shall be
a lien upon the property assessed from the date thereof until
payment shall be made.
Sec. 31. The clerk of the Court in which such judgment Assentment
is rendered shall certify a copy of the assessment roll and certiñod.
judgment to the treasurer of the city, or if there has been
an appeal taken from any part of. such judgment then he
shall certify such part of the roll and judgment as is not
included in such appeal, and the remainder when final judg-
ment is rendered. Such judgment and copy of assessment
roll shall describe the lots, blocks, tracts or parcels of land Jodyment
assessed and the respective amounts assessed on each lot,
block, tract or parcel of land, and shall be sufficient warrant
to the city treasurer to collect the assessment therein specified.
Sec. 32. The treasurer receiving such certified copy of Treasurer to
the assessment roll shall immediately give notice thereof by when.
publishing such notice at least once in the official newspaper
or newspapers of such city or town, if such newspaper or
newspapers there be ; and if there be no such newspaper,
then by posting four notices thereof in public places along
the line of the proposed improvement; such notice may be
substantially in the following form:
what
describe.
giro notice
"SPECIAL ASSESSMENT NOTICE.
Public notice is hereby given that the Superior Court of
.County, State of Washington, has rendered judg.
ment for a special assessment upon property beneated by the fol.
lowing improvement (here Insert the character and location of
the improvement in general terms) as will more fully appear
from the certified copy of the judgment on flle in my otce, and
that the undersigned is authorized to collect such assessments. Form.
All persons interested are hereby notified to call and pay the
'
amounts assessed at my office (bere insert location of omce)
within sixty days from the date hereof.
“Dated this.... .dar of... ....A. D. 19.....
"City (or town) Treasurer of...
Treasuror.
Sec. 33. It shall be the duty of the city treasurer into Duty of City
whose hands such judgment for assessment shall come, to
inform the persons whose names appear on the assessinent
96
SESSION LAWS, 1906.
roll of such assessment by written or printed notice deposited
in the mail, postage prepaid, and addressed to such persons
so far as the residences of such persons are known to him,
requesting payment of the same. Any such treasurer omit-
ting so to do shall be liable to a penalty of five dollars for
every such omission; but the validity of the special assess-
ment shall not be effected by such omission. It shall be the
duty of such treasurer to write the word "paid” opposite
each tract or lot on which the assessment is paid, together
with the name and postoffice address of the person making
the payment and date of payment. The owner shall annually
notify the treasurer of his address and it shall be the duty
of the treasurer to mail the notice above provided for to
such address.
Sec. 34. Within fifteen days from the expiration of the
time limited for the payment of any such assessments the
treasurer must return the improvement assessment roll to
the comptroller, if there be such officer of the city or town,
otherwise to the city or town clerk, distinguishing thereon
the assessments paid and those unpaid. The comptroller or
clerk, as the case may be, shall, upon receipt of said roll,
credit the treasurer with amount of the assessments collected
thereon, and thereupon issue and annex thereto a warrant
directing the treasurer to sell all the lots or parcels of land
described in said roll upon which assessments are levied,
whether in the name of a designated owner or in the name
of an unknown owner, to satisfy all delinquent and unpaid
assessments upon said roll, with costs and charges. On the
day of the commencement of the sale of said real property in
10 por cent. pursuance of such warrant, a penalty of ten per cent on the
to
sccruo—when principal amount of every unpaid assessment on said im-
provement assessment roll shall accrue to such assessment,
and must then and thereafter be collected therewith, together
with the interest to accrue as herein provided.
Sec. 35. Such warrant issued for the purpose of making
sale of said real property on which assessments are delin-
Execution quent and unpaid, shall be deemed and taken as an execution
against said real property for the amount of said assessments
with penalty and costs, and the treasurer or his deputy shall,
within sixty days from the receipt thereof by him, commence
the sale of said real property and continue such sale from day
to day thereafter, except on Sundays and legal holidays, until
all the lots and parcels of land described in said assessment
SESSION LAWS, 1905.
97
to show
to be made.
roll on which any such assessment is delinquent and unpaid
are sold. Such sale shall take place at the front door of the
building in which the city council, or other legislative body,
holds its sessions. The treasurer shall give notice of such
sales by publishing a notice thereof once in each week for
three consecutive weeks in the official newspaper or news-
papers of the city, or if there be no such newspaper, then by
publishing the same for said period in some newspaper pub-
lished in the same County in which the city is situated or if
no such newspaper be published in such County, then in some
newspaper published in the State of general circulation in
such County. Such notice shall contain a list of all lots and Treasurer':
notico-wbat
parcels of land upon which such assessments are delinquent,
with the amount of the assessment, penalty and costs of sale,
including cost of advertising due upon each of such lots or
parcels of land, together with the names of the owners there-
of, or the words "unknown owners” as the same may appear
upon said improvement assessment roll, and shall specify the
time and place of sale and that the several lots and parcels of
land therein described will be sold to satisfy the assessment,
penalty and costs due upon each. All of such sales shall be seler-whon
made between the hours of ten o'clock A. M. and four o'clock
P. M. Each lot or parcel of land shall be sold separately and
in the order in which the same appears on the improvement
assessment roll commencing at the head thereof. If there be
no bidder for any lot or parcel of land of a sum sufficient
to pay the delinquent assessment thereon, with penalty and
costs, the treasurer shall strike the same off to the city for
the whole amount which he is required to collect by such
sale.
Sec. 36. All lots and parcels of land sold for delinquent Sales for do-
linquont
improvement assessments, shall be sold to the person at such anerements
sale offering to pay the amount due on each tract or lot for
the least quantity thereof to be taken from the east side of
such tract or lot, and the remainder thereof shall be dis-
charged from the lien. After receiving the amount of the
assessment, penalty, cost and charges, the treasurer shall
make out a certificate, dated on the day of sale, stating (when
known) the name of the owner as given on the assessment
roll, a description of the land sold, the amount paid therefor,
the name of the purchaser, that it was sold for the assess-
ment, giving the name of the street or other brief designation
of the improvement for which the assessment was made, and
4
98
SESSION LAWS, 1906.
Traamrar
to siga
cert a cate.
Limit of timo
to pay
13eusment
Oustodian of
certidcates.
specifying that the purchaser will be entitled to a deed in
two years from the date of sale unless redemption thereof
be made. Such certificate shall be signed by the treasurer,
and shall be delivered to the purchaser, and shall be by such
purchaser recorded in the office of the County Auditor of the
County in which the lands are situated within three months
from the date thereof. If not recorded within said time, the
lien thereof shall be postponed to claims of subsequent pur-
chasers and incumbrances for value and in good faith who
become such while the same is unrecorded.
SEC. 37. If any bidder to whom any lot or parcel of land
is stricken off does not pay the assessment, penalty and costs
before ten o'clock A. M. of the day following the day of
such sale, such lot or parcel of land must then be resold, or
if the assessment sale is closed, be deemed to have been sold
to the city or town, and the certificate of purchase shall be
issued to the city therefor.
SEC. 38. The city comptroller, if there be such officer,
and if not then the city or town clerk, shall be the custodian
of all certificates for lots or parcels of land sold to the city,
and shall at any time within two years from the date of such
certificate, and before redemption of the lot or parcel of land
therein described, sell and transfer any such certificate to any
person who will pay to him the amount for which the lot or
parcel of land therein described was stricken off to the city
with interest subsequently accrued thereon, and the treasurer
may, if so authorized by the council, sell and transfer any
such certificate in like manner after the expiration of such
two years from the date of the certificate.
SEC. 39. Within ten days after the completion of the sale
of all lots and parcels of land described in such improvement
assessment rolls, and authorized to be sold as aforesaid, the
treasurer must make return to the .comptroller, or other
officer by whom the warrant was issued, of said assessment
roll, with a statement of his doings thereon, showing all lots
and parcels of land sold by him, to whom sold and the sum
paid therefor.
Sec. 40. The purchaser at such sale acquires a lien on
the lot or parcel of land sold for the amount paid by him at
such sale as well as for all taxes and special assessments and
all interest, penalties, costs and charges thereon, whether
levied previously or subsequently to such sale, and whether
for State, County, city or town purposes, subsequently paid
Rotards of
troneuror to
comptrollor.
.
a
Purcbasor, to
acquiro lion,
SESSION LAWS, 1906.
99
of land.
by him on the lot or parcel of land, and shall be entitled to
interest at the rate of fifteen per cent per annum on the
original amount paid and such subsequent payments from
the date of the respective payments.
SEC. 41. Every lot and parcel of land sold for an im- Redomption
provement assessment shall be subject to redemption by the
former owner, or his grantee, mortgagee, heir or other repre-
sentative within two years from the date of the sale upon
payment to the treasurer for the purchaser of the amount
for which the same was sold, with interest at the rate of
fifteen per cent per annum together with all taxes and special
assessments and interest, penalties and charges thereon paid
by the purchaser on such lot or parcel of land since such sale,
with like interest thereon. Unless written notice of taxes
and assessments subsequently paid, and the amount thereof
shall be lodged with the treasurer, redemption may be made
without including the same. On any redemption being made
the treasurer shall give to the redemptioner a certificate of
redemption therefor, and pay over the amount received from
such redemption to the purchaser or his assigns. Should
no redemption be made within the period of two years the
treasurer shall, on demand of the purchaser or his assigns,
and the surrender of the certificate, execute to him a deed for
the lot or parcel of land therein described.
Provided, That no such deed shall be executed until the Doodwbon
holder of such certificate shall have notified the owner of said
lots or parcels of land that he holds said certificate and that
he will demand a deed therefor; and if, notwithstanding said
notice, no redemption be made within sixty days from the
date of the service or first publication of said notice, said
holder shall be entitled to said deed. Said notice shall be
given by personal service upon said persons if a resident of
the County and not previously personally served in the action
or by publication in a weekly newspaper, published in said
city, once in each week for three successive weeks, if no
newspaper be published in said city, then publication shall be
made as provided in section 24 of this act. Such notice and
return thereto, with the affidavit of the person claiming said
deed stating that said service was made, shall be filed with
the treasurer. Such deed shall be executed only for the lot
or parcel of land named in the certificate, and after payment
of all subsequent taxes and special assessment thereon. The
deed shall be executed in the name of the city by which the Dead in
a
to be ismod
whoso Domo.
100
SESSION LAWS, 1906.
of monos
collected.
SEC
entries by
improvement is made; shall recite in substance the matters
contained in the certificate, the notice to the owner, and that
no redemption has been made of the property within the time
allowed by law. Such deed shall be signed and acknowledged
by the city treasurer as such. The deed shall be prima facie
evidence that the property was assessed as required by law;
that the assessment was not paid; that the property was sold
as required by law; that it was not redeemed; that notice had
been given, and that the person executing the deed was the
proper officer; and the decd shall be conclusive evidence of
the regularity of all other proceedings from the assessment,
inclusive, up to the execution of the deed.
Separate fund
SEC. 42. All moneys collected by the Treasurer upon as-
sessments under this act shall be kept as a separate fund and
shall be used for no other purpose than the redemption of
warrants or bonds drawn or issued against the fund.
Marginal Sec. 43. Whenever before sale of any lot or parcel of land
Trenurur. the amount of any assessment thereon, with penalty and costs
accrued thereon, shall be paid to the treasurer, he shall there-
upon mark the same paid, with the date of payment thereof
on the assessment roll, and whenever after sale of any lot or
parcel of land for any assessments, the same shall be re-
deemed, he shall thereupon enter the same redeemed with
the date of such redemption on such record. Such entry
shall be made on the margin of the record opposite the
description of such lot or parcel of land.
Liability of SEC. 44. If the Treasurer shall receive any moneys for
assessments, giving a receipt therefor, for any lot or parcel
of land and afterwards return the same as unpaid, or shall
receive the same after making such return, and the same be
sold for assessment which has been so paid and receipted
for by himself or his clerk or assistant, he and his bond shall
be liable to the holder of the certificate given to the purchaser
at the sale for the amount of the face of the certificate, and
a penalty of fifteen per centum additional thereto besides
legal interest, to be demanded within two years from the date
of the sale and recovered in any Court having jurisdiction
of the amount, and the city shall in no case be liable to the
holder af such certificate.
Sec. 45. If any assessment be annulled or set aside by
any Court, or be invalid for any cause, a new assessment
may be made, and return and like notice given and proceed-
ings had as herein required in relation to the first; and all
Tresmrer,
Apgullmont
of 301611
mont.
SESSION LAWS, 1905.
101
•
Damage to
parties in interest shall have the like rights, and the city
council or other legislative body, and the Superior Court,
shall perform the like duties and have like power in relation
to any subsequent assessment as are hereby given in relation
to the first assessment.
Sec. 46. All the assessments levied by any city under this Antonment
act shall, from the date of the assessment, be a lien upon the
real estate upon which the same may be imposed, and such
lien shall continue until such assessments are paid; if any
proceedings taken for the enforcement thereof, shall be held
void or invalid, such city shall provide by ordinance for new
proceedings and a new sale for the enforcement thercof in
like manner as hereinbefore provided; and in addition to
the remedy hereinbefore provided, any city may enforce such
lien by civil action in any court of competent jurisdiction in
like manner and with like effect as actions for the foreclosure
of mortgage.
SEC. 47. If any street, avenue, or alley, or the right to use
and control the same for purposes of public travel, shall
belong to any city and such city shall establish a grade there-
for, which grade requires any cut or fill, damaging abutting abutulak
property, the damages to arise from the making of such property.
grade may be ascertained in the manner provided in this
act, but such city may provide that the compensation to be
made for such damage, together with the accruing costs,
shall be added to the cost of the labor and material necessary
for the grading thereof, and shall be paid by assessment upon
the property within the local assessment district defined by
law or the charter or ordinances of such city in the same
manner and to the same extent as other expenses of such
improvement are assessed and collected. In such cases it
shall not be necessary to procure the appointment of coinmis-
sioners to take the other proceedings herein provided for
making such assessments, but all the proceedings fo: the
assessment and collection of such damages and costs, shall,
if so ordained by such city, be governed by the charter pro-
visions, law or ordinances in force in such city for the assess-
ment and collection of the cost of such improvements upon
property locally benefited thereby: Provided, however, That
this section shall apply only to the original grading of such
street, avenue or alley.
Sec. 48. At any time within two months from the date of
rendition of the last judgment awarding compensation for
102
SESSION LAWS, 1905.
may
discon.
tianed-when.
Possession.
City may
contract dobt.
any such improvement in the Superior Court, or if any
appeal be taken, then within two months after the final
determination of the appeal in the Supreme Court, any such
Proceedingt city may discontinue the proceedings by ordinance passed
for that purpose before making payment or proceeding with
the improvement by paying or depositing in Court all taxable
costs incurred by any parties to the proceedings up to the
time of such discontinuance. If any such improvement be
discontinued, no new proceedings shall be undertaken there-
for until the expiration of one year from the date of such
discontinuance.
SEC. 49. If any city or town shall desire to take posses-
sion of any property or do any damage or proceed with any
improvement, the compensation for which is to be paid for in
whole or in part by the proceeds of special assessment under
this act, it may advance from its general funds, or any
moneys available for the purpose, the amount of the assess-
ments aforesaid, and pay the same to the owner or into
Court, as herein provided, reimbursing itself for moneys so
advanced from the special assessments aforesaid. If there
be no funds available for the purpose, such city may contract
indebtedness for the purpose of raising funds therefor, which
indebtedness shall be contracted and such proceedings taken
therefor as is provided by law for indebtedness contracted
for other internal improvements.
Jury may be SEC. 50. In any proceedings under this act wherein a trial
by jury is provided for, the jury may be waived as in other
civil cases in Courts of record in the manner prescribed by
law, and the matter may be heard and determined without
the intervention of a jury. Whenever an attempt is made to
take private property, for a use alleged to be public under
authority of this act, the question whether the contemplated
use be really public shall be a judicial question and shall be
determined as such by the Court before inquiry is had into
the question of compensation to be made. When a jury is
required for the determination of any matter under this act,
such jury may be the same jury summoned for the trial of
ordinary civil actions before the Court, or the Court may, in
its discretion, issue a venire to the Sheriff to summon as
jurors such number of qualified persons as the Court shall
deem sufficient. Except as herein otherwise provided, the
practice and procedure under this act in the Superior Court,
and in relation to the taking of appeals and prosecution there-
a
waivod.
Procedure
samo m ID
civil actions.
SESSION LAWS, 1906.
103
Word ''per.
of, shall be the same as in other civil actions, but all appeals
must be taken within thirty days from the date of rendition
of the judgment appealed from. Proceedings under this act
shall have precedence of all cases in Court except criminal
cases.
Sec. 51. Whenever the word “person” is used in this act .
the same shall be construed to include any company, corpora-
tion or association the State or any County therein and the
words "city" or "town" wherever used shall be construed
to be either.
Sec. 52. If any city has heretofore taken or shall here-
after take possession of any land or other property, or has
damaged or shall hereafter damage the same for any of the
public purposes mentioned in this act, or for any other pur-
pose within the authority of such city or town, without hav-
ing made just compensation therefor, such city or town may
cause such compensation to be ascertained and paid to the
persons entitled thereto by proceedings taken in accordance
with the provisions of this act, and the payment of such
compensation and costs as shall be adjudged in favor of the
persons entitled thereto in such proceedings shall be a defense
to any other action for the taking or damaging of such
property.
SEC. 53. All actions which may now be pending in any Pending
Court under existing laws, which this act in any manner
supersedes or repeals, shall proceed without being in any
manner affected by the passage of this act.
Sec. 54. An emergency exists and this act shall take effect Emergency.
immediately
Passed the House February 9, 1905.
Passed the Senate February 23, 1905.
Approved by the Governor March 3, 1905.
a
actions.
101
SESSION LAWS, 1905.
CHAPTER 56.
(8. B. No. 92)
AMENDING THE CODE OF PUBLIC INSTRUCTION, RELA-
TIVE TO UNIFORM SYSTEM OF PUBLIC SCHOOLS.
AN ACT to amead Sections 23, 137, 145 and 175 of an act en-
titled, "An act to establish a general, uniform system of pub-
lic schools in the State of Washington, and repealing Chapter
VI of Title III, Chapter VII of Title V, all of Title X except
Chapter XVII, Chapter IV of Title L, all being of Volume I
of Hill's Annotated Statutes and Codes of Washington; also
repealing all amendments thereto; also repeallog an act en.
titled, 'An act concerning the formation of new school
districts, changing the boundaries and transferring terri.
tory from one district to another; approved March 9,
1893; also repealing an act entitled, 'An act to provide for
the management and control of State Normal Schools in the
State of Washington,' approved March 10, 1893, and all
amendments thereto; also repealing an act entitled, 'An act
granting to school districts the right to purchase school house
sites of school lands belonging to the State of Washington
of not less than one acre and not more than five acres, and
granting to school districts the preference right to purchase
sucb sites, and declaring an emergency,' approved February
26, 1895; also repealing an act entitled 'An act relating to
the indebtedness of school districts, providing means and
methods for paying and funding the same, and means for
validating the same or any part thereof incurred in excess of
one and one-hall per centum of the taxable property of the
school district without the 888ent of three-Afths of the voters
of the school district voting at an election held for that pur.
pose, and declaring that an emergency exists for the taking
effect of this act on its passage and approval by the governor,
approved March 1, 1895; also repealing an act entitled, “An
act to provide for the formation of joint school districts and
to prescribe the minimum number of school children required
for the formation of new school districts, and declaring an
emergency,' approved March 13, 1886;" said act of which this
act 18 amendatory, being known and cited as the Code of
Public lostruction of the State of Washington, and being
Chapter CXVIII of the Session Laws of 1897, approved March
19, 1897.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That section twenty-three (23) of the Corle
of Public Instruction of the State of Washington be amended
SESSION LAWS, 1905.
105
consist
to read as follows: Section 23. The Superintendent of Superintend. .
Public Instruction is hereby authorized to appoint an Assist-point and
ant Superintendent of Public Instruction, who shall be the deputy.
holder of not less than a first grade certificate; a Deputy
Superintendent of Public Instruction, who shall be the holder
of not less than a first grade certificate who shall also act as
an inspector of schools; a stenographer, and also to employ
such other assistance as the needs of his office shall require
from time to time, and for the payment of whose services
appropriations shall have been made by the Legislature of
this State.
Sec. 2. That section one hundred and thirty-seven (137) Certificates of
of the Code of Public Instruction be amended to road as what to
follows: Section 137. The Teacher's certificates issued by
authority of the State of Washington, and entitling the holder
thereof to teach in the schools of the State shall consist of:
First: Life diplomas, valid during the life of the holder, diplomu.
and State certificates, valid for five years from the date of
issue; said life diplomas and State certificates shall be issued
by the Superintendent of Public Instruction on the authority
of the State Board of Education: Provided, That State cer-
tificates may, upon application and without examination, be
renewed, or a life diploma be authorized in lieu thereof by
the State Board of Education.
Second: First grade common school certificates, valid for let trade
a period of five years from date of issue; second grade com certifcates.
mon school certificates, valid for two years from date of
issue; third grade common school certificates, valid for one
year from date of issue. Said first grade certificates, second
grade certificates and third grade certificates shall be issued
by the Superintendent of Public Instruction, as provided by
law.
Third: Temporary certificates may be issued, as provided Temporary
cone toi.
by law, by any County Superintendent, entitling the holder
thereof to teach in any common school of the County wherein
the same is issued until the next regular examination of
teachers, whereat, if the applicant take the examination for
certification, the County Superintendert may extend the same
until it shall have been determined whether a certificate is to
be issued to the applicant in accordance therewith: Provided,
That the Superintendent of Schools of any district embrac-
ing an incorporated city having a population of ten thousand
or more inhabitants may issue a temporary certificate to any
1st
school
106
SESSION LAWS, 1906.
Special
certifcatos.
Applicants
for examins:
tion,
What
briacher to
to tako.
teacher who shall have been elected by the Board of Directors
of such district; such temporary certificate shall be valid
within such district until the end of any school year in which
such certificate shall be issued : Provided, That only one such
temporary certificate shall be issued in the same person.
Fourth: Special certificates may be issued without exam-
ination by the County Superintendent to teachers of music,
languages other than English, drawing and painting, manual
training, penmanship and kindergarten training upon appli-
cation of any Board of Directors, which certificate shall
entitle the holder thereof to teach the subject therein named
in any school of the district under the control of said Board
of Directors, until revoked for cause: Provided, That the
County Superintendent, before issuing the same, shall reccive
satisfactory evidence of the applicant's fitness to teach the
subject for which he has made application for certificate.
Sec. 3. That section one hundred and forty-one (141) of
the Code of Instruction be amended to read as follows:
Section 141. All applicants at the examination mentioned
in the preceding section shall be at least eighteen years of
age, and shall be examined according to the rules and regula-
tions of the State Board of Education in reading, penman-
ship, orthography, written and mental arithmetic, geography,
English grammer, physiology and hygiene, history and Con-
stitution of the United States, school law and the Constitution
of the State of Washington, and the theory and art of teach-
ing; but no person shall receive a first grade certificate who
does not pass a satisfactory examination in the additional
branches of physics, English literature and algebra, and who
does not present satisfactory written evidence of having
taught successfully one school year of nine months: Pro-
vided, That the State Board of Education may adopt two
subjects in lieu of algebra, and physics for teachers who have
taught exclusively in primary schools for not less than fifty
months and the certificates granted to such primary teachers
shall be known as first grade primary certificates, and shall
entitle the holder to teach only in the primary grades of city
and village schools. The State Superintendent shall also
have power to grant common school certificates without
examination of all applicants who are graduates of a regular
four year collegiate course of the University of Washington,
the Agricultural College and School of Science, State Normal
School equal in requirements to the State Normal School of
SESSION LAWS, 1905.
107
accredited
list.
Washington, or other reputable institutions of learning whose
requirements for graduation are equal to the requirements
of the University of Washington; also to all applicants who
hold State certificates or diplomas equal in requirements to
the requirements of the State of Washington: Provided,
That an applicant shall pass an examination in State school
law and Constitution with a standing required for a first
grade certificate: Provided further, That the provisions of
this section shall not apply to the holders of diplomas from Aame of
applicant to
institutions of learning unless the name of the institution appearson
granting such diploma shall be found upon the accredited
list provided for in the fifth subdivision of section twenty-
seven of the Code of Public Instruction of this State, nor
shall they apply to holders of State certificates or life diplo
mas from States whose names are not found upon the
accredited list provided for in the section above mentioned.
Sec. 4. That section one hundred and forty-five (145)
be amended to read as follows: Section 145. All applicants
for certificates who shall attain the required per centage in
eight of the designated subjects, but not in all, shall be
credited for those subjects in which they shall have passed,
and upon passing the required percentages in the remaining
subjects at the next subsequent examination, shall receive a
certificate in accordance with the result of both examinations.
Sec. 5. That section one hundred and seventy-five (175)
be amended to read as follows: Section 175. No school
:
district shall be entitled to receive any apportionment of Apportion
school moneys which shall not have maintained school for the school
minimum time required by law during the preceding school
year and which has not in the preceding year (after June 30,
1906) levied a tax of at least three (3) mills on the dollar on
the taxable property of the district: Provided, The last pre-
ceding provision shall not apply to districts that have main-Not applica
tained school for more than six months during the preceding districts.
school year; Provided further, That any new district formed
by the division of an old one and which new district shall
have maintained at least one month's school during the pre-
ceding school year, as shown by the last annual report of the
County Superintendent on file in the office of the Superin-
tendent of Public Instruction, shall be entitled to its just
share of school moneys when the time that school was main-
tained in the old district before division, and in the new one
after division, shall be equal to at least the minimum time
ment of
monoyi,
ble to certain
108
SESSION LAWS, 1905.
required by law in the old district; And be it still further pro-
vided, That if any school district has heretofore failed to
receive apportionment of State schcol funds because of a
failure to hold school the time required by law, and there are
unpaid warrants drawn on the general funds of said district
for maintenance of school prior to said failure, a special tax
shall be levied on the property of the district, the proceeds
of which tax shall be applied to the payment of its indebted-
Lory of
special tax.
ness.
Passed the House February 9, 1905.
Passed the Senate February 27, 1905.
Approved by the Governor March 3, 1905.
CHAPTER 57.
(1. B. No. 164)
AMENDING ACT RELATIVE TO CLEARING OUT AND IM.
PROVEMENT OF RIVERS AND STREAMS.
AN ACT to amend Section 4 of an act approved March 18,
1895, entitled, "An act to provide for the organization and
incorporation of companies for clearing out and improving
rivers and streams in this state, and for the purpose of driv.
ing, sorting, holding and delivering logs and other timber
products thereon, and oxing maximum tolls therefor," as
amended by Chapter XXXI of the laws of 1897, approved
March 4, 1897, entitled "An act to amend Section tour of an
act approved March 18, 1896, entitled 'An act to provide for
the organization and incorporation of companies for clearing
out and improving rivers and streams in this state, and for
the purpose of driving, sorting, holding and delivering logs
and other limber products thereon, and axing maximum tolls
therefor."
Be it enacted by the Legislature of the State of Washington:
Section 1. That section four of an act approved March
18, 1895, entitled "An act to provide for the organization
and incorporation of companies for clearing out and improv-
ing rivers and streams in this State, and for the purpose of
driving, sorting, holding and delivering logs and other tim-
ber products thereon, and fixing maximum tolls therefor," as
SESSION LAWS, 1905.
109
power.
amended by Chapter XXXI of the Laws of 1897, approved
March 4, 1897, entitled, "An act to amend section four of an
act approved March 18, 1895, entitled 'An act to provide for
the organization and incorporation of companies for clearing
out and improving rivers and streams in this State, and for
the purpose of driving, sorting, holding and delivering logs
and other timber products thereon, and fixing maximum tolls
therefor,'" be amended to read as follows: Section 4. Such Corporato
corporation shall have power and is hereby authorized in any
of the rivers and streams of this State, or the dividing waters
thereof, to remove jams, roots, snags and rocks, improve and
straighten the channel, build wing dams and sheer booms,
construct dams and gates, or otherwise, for the purpose of
storing water with which to produce artificial freshets and
for the purpose of holding logs and other timber products
and in all ways to improve such streams and rivers for the
purposes herein mentioned and contemplated. Provided,
That no such wing dam, sheer boom, dam with gate or other-
wise, shall be so constructed, maintained or used as to in any
manner obstruct or impede the outlet of such stream: And
provided further, That if any such wing dam, sheer boom,
dam with gate or otherwise shall be so constructed, main-
tained or used as to interfere with the use for any purpose
of the waters of any stream so dam (dammed) or used, or
any of its tributaries, or in any manner to injure or damage
any lands adjacent to such stream or its tributaries, com-
pensation for such interference with the use of such water
Assoirmont of
and for any such injury or damage shall be first assessed and damages.
determined and the appropriation thereof may be made by
the exercise of the power of eminent domain in the manner
provided in section two of this act: Provided, however,
That whenever the owners of more than one-half of the land
lying alongside or abutting on any stream affected by the
tide, proposed to be improved according to this act, shall file
with the Board of County Commissioners of the County in
which said river is situated a remonstrance against any im- Remonstrance
provements of so much of the stream as is affected by the
tide, it shall then be unlawful for any corporation to take the
land or any slough within the territory owned by arv such
remonstracers: Provided, That such remonstrance shall be
filed with said Board within fifteen days from the filing of
said plat. Nothing in this act shall be construed to authorize
110
SESSION LAWS, 1905.
the taking or damaging of any power plant constructed or
being constructed for the creation or utilization of water
power.
Passed the House February 1, 1905.
Passed the Senate February 17, 1905.
Approved by the Governor March 3, 1905.
CHAPTER 58.
(7. B. No. 248)
CERTAIN CONTRACTS VOID UNLESS IN WRITING.
AN ACT amending Section 4576 of Ballinger's Annotated Codes
and Statutes of Washington (same being Section 5343 of
Pierce's Washington Code), relating to contracts and providing
that certain contracts shall be void unless in writing.
Be it enacted by the Legislature of the State of Washington:
4576 Bal.
5313 Merce's
Code.
SECTION 1. That section 4576 of Ballinger's Annotated
lingerie Code. Codes and Statutes of Washington (same being section 5343
of Pierce's Washington Code), relating to contracts and pro
viding that certain contracts shall be void unless in writing,
be amended to read as follows: Section 4576. In the fol-
Amendmont
lowing cases, specified in this section, any agreement, contract
and promise shall be void, unless such agreement, contract
or promise, or some note or memorandum thereof, be in
writing, and signed by the party to be charged therewith, or
by some person thereunto by him lawfully authorized, that
is to say: (1) Every agreement that by its terms is not to be
performed in one year from the making thereof; (2) Every
special promise to answer for the debt, default, or misdoings
of another person; (3) Every agreement, promise or under-
taking made upon consideration of marriage, except mutual
promises to marry; (4) Every special promise made by an
executor or administrator to answer damages out of his own
estate ; (5) An agreement authorizing or employing an agent
or broker to sell or purchase real estate for compensation
or a commission.
Passed by the House February 21, 1905.
Passed by the Senate February 28, 1905.
Approved by the Governor March 3, 1905.
SESSION LAWS, 1906.
111
Board.
CHAPTER 59.
(E. B. No 120)
TO PROMOTE UNIFORMITY OF LEGISLATION.
AN ACT to establish a Board of Commissioners for the promo-
tion of uniformity of legislation in the United States.
Be it enacted by the Legislature of the State of Washington:
SECTION I. Within thirty days after this act takes effect Governor to
the Governor shall appoint three suitable persons and they
all vacancies.
and their successors are hereby constituted "A Board oi Com-
missioners for the Promotion of Lniformity of Legislation
in the United States." Any vacancy in said Board shall be
filled by appointment by the Governor.
SEC. 2. It shall be the duty of said Board to examine the Daty, of
subject of marriage and divorce, insolvency, the descent and
distribution of property, the execution and probate oi wills
and other subjects upon which uniformity of legislation in
the various States and Territories of the Union is desirable,
but which are outside of the jurisdiction of the Congress of
the United States; to confer upon these matters with the
Commissioners appointed by other States and Territories for
the same purpose; to consider and draft uniform laws to be
submitted for approval and adoption by the several States;
and generally to devise and recommend such other ard fur-
ther course of action as shall accomplish the purposes of
this act.
Sec. 3. The said Board of Commissioners shall keep a Records of
record of all its transactions, and shall, at each biennial
session of the Legislature, and may at any other time, inake a
report of its doings and of its recommendations to the Legis-
lature.
Sec. 4. No member of said Board shall receive any crm- Remuneration
pensation for his services, but each member shall be repaid
from the State treasury the amount of his actual traveling
and other necessary expenses incurred in the discliarge of
his official duty, after the account thereof has been audited
by said Board and by the State Auditor, and said Board shall
keep a full account of its expenditures and shall report it in
each annual report: Provided, That there shall be allowed
Board.
of members.
112
SESSION LAWS, 1906.
such expenses for only one annual meeting of the Commis-
sioners within this State, and for only one Commissioner (to
be designated by a majority of said Board or in case they
cannot agree, by the Governor) in attendance not oftener
than once in each year at any conference of the Commission-
ers from other States for the purposes stated, in section two,
outside of this State.
Passed by the House February 14, 1905.
Passed by the Senate February 24, 1905.
Approved by the Governor March 3, 1905.
CHAPTER 60.
(8. B. No. 67)
ENABLING CITIES OF FIRST CLASS TO APPOINT A
DEPUTY CORONER.
AN ACT to enable coroaers of counties having a population of
ifty thousand or more inhabitants to appoint a Deputy Cor.
oner for such counties and prescribe his duties.
Bond.
Onth of
odico.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That in Counties having fifty thousand, or
more, inhabitants, the Coroner thereof is hereby authorized
and empowered to appoint one deputy, and take a bondi or
security from such deputy, not exceeding in amount the sun
of $1000.00, for his indemnity. Such appointment siiall be
in writing and signed by the Coroner.
Sec. 2. Each deputy shall, before entering upon the duties
of his office, take and subscribe an oath or affirmation, in like
form as required of the Coroners, which shall be filed in the
office of the County Clerk.
SEC. 3. Deputy Coroners, duly appointed and qualified,
may perform any and all the duties of the Coroner in the
name of the Coroner, and the acts of such deputy shall be
held to be the act of the Coroner: Provided, That such
deputy shall receive no compensation from the County.
Passed by the Senate February 17, 1905.
Passed by the House March 1, 1905.
· Approved by the Governor March 3, 1905.
No compen.
ution.
SESSION LAWS, 1905.
113
CHAPTER 61.
(8. B. No. 188)
PROVIDING FOR THE IRRIGATION, IMPROVEMENT AND
SALE OF GRANTED LANDS.
AN ACT providing for the Irrigation, improvement and sale of
lands granted to the State of Washington for any and all
purposes and uses.
and contracts.
Lend Oom.
what to
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That the Commissioner of Public Lands of
the State of Washington, be and is hereby authorized and
empowered to receive and file proposals, and to enter into Proposals
contract as herein provided, for the construction of irrigation
works to reclaim any and all of the lands granted !o the
State of Washington for any and all purposes and uses.
SEC. 2. Any person, company or association of persons or
incorporated company doing business in the State of Wash-
ington desiring to construct ditches, canals or other irrigation
Filing of
works for the reclamation of said lands, shall file with the proposal with
Commissioner of Public Lands, proposal to construct the missioner
ditches, canals or other irrigation works necessary to the contain.
complete reclamation of said lands. The proposal shall be
prepared in accordance with the rules adopted by the Com-
missioner of Public Lands. It shall state the source of water
supply, the location and dimension of the proposed works,
the location and character of the land proposed to be irri-
gated, the price per acre at which perpetual water right will
be sold to settlers on the land to be irrigated, and shail be
accompanied by maps, plans and specifications of the pro
posed works and land to be irrigated, which shall be consid-
ered a part of the proposal. In the case of incorporated com-
panies it shall state the name of the company, the purpose of
its incorporation, the names and places of residence of its
trustees and officers, the amount of its authorized and of its
paid up capital. If the applicant is not an incorporated com-
pany, the proposal shall set forth the name or names vi thc
party or parties and such other facts as will enable the Com-
missioner of Public Lands to determine his or their financial
ability to carry out the proposed undertaking.
5
114
SESSION LAWS, 1905.
Certibed
chock to do.
Commissioner
Sec. 3. A certified check for a sum not less than two
company each hundred and fifty dollars ($250.00) nor more than two thou-
.
sand five hundred dollars ($2500.00), as may be determined
by the Commissioner of Public Lands, shall accompany each
such proposal, the same to be held as guarantee of the execu-
tion of the contract with the State, in accordance with its
terms by the party submitting such proposal. In case of the
approval of the same and the acceptance of the proposal by
the Commissioner of Public Lands, and to be forfeited to the
State in case of the failure of said party to enter into a
contract with the State in accordance with the provisions of
this act.
Duty of Land Sec. 4. Immediately upon the receipt of any proposal as
upon receipt designated in section 2, it shall be the duty of the Commis-
proposal
.
sioner of Public Lands to examine the same and ascertain if
it complies in form with the rules adopted by him as provided
in section 2. If it does not it is to be returned for correction;
and if not corrected within sixty days, it may be rejected by
the Commissioner of Public Lands. The Commissioner of
Public Lands shall determine whether or not the proposed
works are feasible and the water provided is adequate, and
whether the proposed irrigation works described in the maps,
plans and specifications, are adequate for the irrigation of
the lands intended to be irrigated. When a request or pro-
posal is not approved by the Commissioner of Public Lands,
he shall notify the party making such request or proposal of
his disapproval thereof, and the party so notified shall have
sixty days in which to make a satisfactory proposal, but the
Commissioner of Public Lands may, at his discretion, extend
the time six months.
Approval of
Sec. 5. If the plans and specifications for the proposed
irrigation works and the furnishing of a perpetual water
supply for the irrigation of said lands is approved by the
Commissioner of Public Lands, the said Commissioner of
Public Lands is authorized and empowered to enter into a
contract with the party submitting the proposal, whicli con-
tract shall contain complete specifications of the location,
dimensions and character of the proposed ditch, canal or other
irrigation work; the price per acre at which perpetual water
rights shall be sold to the settler or owner, which price may
be paid in a lump sum or in ten annual payments, as the
settler or owner may elect; the amount of water to be sup-
plied and the price of the annual maintenance fee per acre:
plan COD.
riot.
a
SESSION LAWS, 1905.
115
Provided, That no contract under the provisions of this act
shall be entered into by the Commissioner of Public Lands
until the same shall have been approved by the Attorney
General and the Governor.
Sec. 6. No contract shall be made by the Commissioner of Time of
Public Lands which requires greater time than three years
for the construction of the works and such additional time
as may be granted by the Commissioner of Public Lands not
to exceed two years, and all contracts shall state that the
work shall begin within six months from the date of the con-
tract; at least one-tenth of the construction work shall be
completed within twelve months from the date of said con-
tract, and the construction of said works shall be prosecuted
with reasonable diligence to completion. The Commissioner
of Public Lands shall, before letting any contract for the
construction of any works herein provided for, require the
contractor to enter into a bond to the State of Washington contractor.
in the penal sum of not less than twenty per cent of the
estimated cost of the works, conditioned for the faithful per-
formance of the terms and conditions of said contract.
SEC. 7. Upon the failure of any party having a contract Fallure to
begla work
with the State for the construction of irrigation works, to fortelture.
begin the same within the time specified by the contract, or
to complete the same within the time specified by the contract,
or to complete the same within the time or in accordance
with the specifications of the contract with the State, it shall
be the duty of the Commissioner of Public Lands to give
such party written notice of such failure and if, after a period
of sixty days from the giving of such notice, such party shall
have failed to proceed with the work or to conform with the
specifications of his contract with the State the bond and
contract of such party and all work constructed under such
contract shall be at once and thereby forfeited to the State,
and it shall be the duty of the Commissioner of Public Lands
at once so to declare and to give notice once each week for a
period of four weeks in some newspaper of genera! circula-
tion in the County in which the work is situated, and in one
newspaper at the State Capital in like manner and for a like
period, that upon a day fixed, proposals will be received at
the office of the Commissioner of Public Lands for the pur-
chase of the incompleted works and for the completion of
said contract, the time for receiving said bids to be at least
sixty days subsequent to the issuing of the last notice of
116
SESSION LAWS, 1905.
.
of recoirer.
Application of forfeiture. The money received from the sale of partially
received.
completed works, under the provisions of this section, shall
first be applied to the expenses incurred by the State in their
forfeiture and disposal and to satisfy the bond, and the sur-
plus, if any exists, shall be paid to the original contractor
with the State. Whenever after the completion of said irriga-
tion works any contractor. or his successors or assigns shall
fail to furnish an adequate amount of water to irrigate the
lands of water right owners or there shall exist other cause
Appointmont
as provided by law for the appointment of a receiver, the
Attorney General may apply for the appointment of a
receiver to take possession of the irrigation works and canal
and other property of such party and manage, operate, sell
or dispose of same. Such application shall be made to the
Superior Court of the County in which the whole or some
portion of the irrigation works or canal of such party is
situated; and the Court or its receiver by order of the Court
shall have and may exercise such powers as to the possession,
management, operation, sale or disposition of the property
and works of such party as is provided by the law relating
to receivers: Provided, That nothing herein contained shall
be taken or construed as limiting the right of any party to
have a receiver appointed as is in other cases provided by law.
Sec. 8. Nothing in this act shall be construed as authoriz-
Stato got to ing the Commissioner of Public Lands to obligate the State
bo obligatod.
to pay for any work constructed under any contract or to
hold the State in any way responsible to settlers for the
failure of contractors to complete the work according to the
terms of their contracts with the State.
Application Sec. 9. Whenever application has been made to the Com-
to purchase
irrigable missioner of Public Lands for the purchase of any of the
irrigable lands described in this act as provided by law, the
said application shall be accompanied by the sworn statement
of the applicant that he is ready and willing to enter into
contract with the person, company, or association of persons,
,
or incorporated company, who have been authorized by the
Commissioner of Public Lands to furnish water for the
reclamation of said lands, which statement shall be filed with
said application, and the Commissioner of Public Lands may
thereupon proceed to the appraisement, advertisement and
sale of said lands as provided by law. In case of the sale
of any lands to any party pursuant to the appraisement and
advertisement thereof, the Commissioner of Public Lands
a
SEC
lapdo.
SESSION LAWS, 1905.
117
a
appartenant
shall not issue a contract therefor until there shall have heen
filed in his office a certified copy of a contract for a perpetual Perpetol
right.
water right for said lands made and entered into by the party
purchasing the same with the person, company or association
of persons, or incorporated company, who have been author-
ized by the Commissioner of Public Lands to furnish water
for the reclamation of said lands.
Sec. 10. The water right to all land acquired under the Wator right
SEC
provisions of this act shall attach to and become appurtenant prior" lien.
.
to the land. Any person, company or association of persons,
or incorporated company furnishing water for any tract oi
land shall have a prior lien on said water right and land upon
which said water is used for all deferred payments for said
water right and for any maintenance fee due, said lien to be
in all respects prior to any other lien or liens created or
attempted to be created by the owner or possessor of said
land; said lien to remain in full force and effect until the
last deferred payment for the water right is fully paid and
satisfied according to the terms of the contract under which
said water right was acquired and until all delinquent main-
tenance fees are fully paid. The contract for the water
right upon which the aforesaid lien is founded shall be
recorded in the office of the County Auditor of the County Becordirect
.
where the land is situated. Upon default of any of the
deferred payments secured by any lien under the provisions
of this act or maintenance fee, the person, company or asso-
ciation of persons, or incorporated company holding or own-
ing said lien, may foreclose the same according to the condi-
tions and terms of the contract granting and selling to the
settler or owner the water right and providing for a main-
tenance fee. All sales shall be advertised in a newspaper Salas to be
of general circulation, published in the County where said
land and water right are situated, once a week for four
consecutive weeks, and shall be sold to the highest bidder
at the front door of the court house of the County, or such
place as may be agreed upon by the terms of the contract.
And the sheriff of said County shall in all such cases give Notico by
notice of sale and shall sell such land and water right and
shall make and deliver a certificate of sale to the purchaser,
and at such sale no person, company or association of persons
or incorporated company, owning or holding any lien shall
bid in or purchase any land or water right at a greater price
than the amount due on deferred payment or payments for
of
advertised.
shorit.
118
SESSION LAWS, 1905.
said water right and maintenance fee due and the costs
incurred in making the sale of the land and water right.
At any time within nine months after the foreclosure sale by
the sheriff of the land and water right as aforesaid, the
original owner, against whom the lien has been foreclosed,
or any party entitled to redeem the land sold under execution
may redeem the land and water right so sold in the same
manner and order and under the same procedure as is or
may be provided by law for the redemption of land sold
under execution. The party redeeming said land and water
Rodomption right shall pay to the sheriff the amount for which said land
and water right was sold and costs and increased costs,
together with interest thereon at the legal rate, and all taxes
and payments made subsequent to such foreclosure as well
as all maintenance fees at the time of redemption with inter-
est at like rate. If there be more than one redemption each
successive redemption shall be made within six (6) weeks
after the last preceding redemption. And where the lien
holder becomes the purchaser at such foreclosure sale, and in
no other case, if such land and water right be not redeemed
by the original owner or other person entitled to redeem as
above provided within nine (9) months then at any time
within three (3) months after the expiration of such nine
(9) months any person desiring to settle upon and use such
land and water right may redeem the said land and water
right in the manner hereinafter provided for redemption by
the owner or other redemptioners. Where such land and
water right are not purchased by the lien holder at such
foreclosure sale the Sheriff shall pay out the proceeds of such
sale as follows:
First: He shall retain all charges, costs and fees for his
services and account for the same as in civil cases.
Second: To lienholder or his assigns the amount of the
lien together with all interest, costs and fixed charges
thereon.
Third: The balance, if any remaining, to the person
against whom such lien was foreclosed or his assigns.
When the period of redemption shall have expired the
Sheriff or his successors in office shall execute a proper con-
veyance of the land and water right sold, to the party entitled
thereto. The foreclosure herein provided for may be trans-
ferred to the Superior Court of the proper County in the
Proceod.
how paid
SESSION LAWS, 1905.
119
to show
с
same manner and with like effect as foreclosures of chattel
mortgages on notice may be transferred.
SEC. II.
The maps in the office of the Commissioner of Maps, what
Public Lands of the lands proposed to be irrigated under
the provisions of this act, shall show the location of the
canals or other irrigation works approved in the contract
with the Commisioner of Public Lands, and all lands de-
scribed therein belonging to the State of Washington shall
be subject to the right of way of such canals, distribution
system and irrigation works, such right of way to embrace
the entire width of the canal, distribution and irrigation
works and such additional width as may be required for their
proper operation and maintenance.
SEC. 12.
The Commissioner of Public Lands shall pro Rules and
regulations
vide suitable rules for the filing of proposals for the con- of Land
Commissionor.
struction of irrigation works. There shall be kept in the
office of the Commissioner of Public Lands, for public inspec-
tion, copies of all maps, plats, contracts for the construction
of irrigation works, and of the purchase of the land by
settlers. He shall require from each person, company or
association of persons, or incorporated company engaged in
the construction of irrigation works under the provisions of
this act, an annual report, to be submitted to him on or
before November ist, of each year. This report shall show
the number of water rights sold, the number of users of
water under said irrigation works, the legal subdivisions of
land for which water is to be furnished, the names of the
officers of the company, the acreage of land which the said
irrigation works are prepared to supply with water, and such
other data as the Commisioner of Public Lands may see fit to
require.
SEC. 13. The Commissioner of Public Lands shall include Report of
in his biennial report to the Governor a report setting forth motioner to
in detail the names, location and character of the irrigation
works in process of construction, the acreage and legal subdi-
visions of land intended to be reclaimed and the terms of
payment for water right sold.
Sec. 14. All suits or actions brought by the Commissioner Sults or
of Public Lands under the provisions of this act, shall be
instituted by him in the name of the State of Washington.
Sec. 15. Nothing in this act shall be construed as a
repeal, amendment or modification in any respect of an act
entitled, “An act to provide for the acceptance by the State
Land Com.
Governor,
120
SESSION LAWS, 1905.
of Washington from the United States of certain desert
lands, and providing for the reclamation, occupation and
disposal of the same, and declaring an emergency," approved
March 16, 1903.
Passed the Senate February 17, 1905.
Passed the House March 1, 1905.
Approved by the Governor March 3, 1905.
CHAPTER 62.
(8. B. No. 96)
MAINTENANCE AND TRIAL OF ACTIONS BY PERSONS IN-
JURED BY INTOXICATED PERSONS.
AN ACT amending Section 2946 of Ballinger's Codes and Statutes
of Washington, and relating to the maintenance and trial of
actions by persons injured in tbeir persons, property, or means
of support by intoxicated persons or in consequence of the
intoxication of persons.
2945
Ballingor.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That section 2945 of Ballinger's Codes and
Statutes of Washington, relating to the maintenance of
actions by persons injured in their persons, property, or
means of support, by intoxicated persons, or in consequence
of the intoxication of persons, be, and the same hereby is,
amended to read as follows:
Section 2945. Every husband, wife, child, parent, guard-
ian, employe, or other person who shall be injured in personi
or property, or means of support, by any intoxicated person,
or in consequence of the intoxication, habitual or otherwise,
of any person, shall have a right of action, in his or her own
name, severally or jointly, against any person or persons who
shall, by selling or giving intoxicating liquors, have caused
the intoxication of such person, for all damages sustained,
and the same may be recovered in a civil action in any court
of competent jurisdiction. On the trial of such action, the
plaintiff or plaintiffs must prove that such intoxicating
liquiors were sold under circumstances sufficient to lead a man
of ordinary intelligence to believe that such sale would prob-
Right of
action.
a
SESSION LAWS, 1906.
121
ably result in intoxication. A married woman may bring
such action in her own name, and all damages recovered by
her shall inure to her separate use, and all damages recovered
by a minor under this chapter shall be paid either to such
minor or to such person in trust for him, and on such terms
as the court may direct. In case of the death of either party,
the action and right of action to or against his executor or
administrator shall survive.
Passed the Senate February 8, 1905.
Passed the House March 1, 1905.
Approved by the Governor March 3, 1905.
CHAPTER 63.
(8. B. No. 129)
AMENDING ACT OF 1906 RELATIVE TO EXTERMINATION
OF COYOTES AND WOLVES.
AN ACT to amend Sections 1, 2, 3 and 6 of an act entitled, “An
act to provide for the extermination of coyotes and wolves in
the State of Washington and for the payment of bounties for
such exterinination, and making an appropriation therefor,"
passed by the House notwithstanding the Governor's veto,
January 24, 1905, passed by the Senate notwithstanding the
Governor's veto January 26, 1905, and Aled in the office of
the Secretary of State January 27, 1905, and providing for
the extermination of other wild animals and the payment of
bounties therefor.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That section i of an act entitled, "An act to
provide for the extermination of coyotes and wolves in the
State of Washington and for the payment of bounties for
such extermination, and making an appropriation therefor,"
passed by the House notwithstanding the Governor's veto
January 24, 1905, passed by the Senate notwithstanding the
Governor's veto January 26, 1905, and filed in the office of
the Secretary of State January 27, 1905, be and the same is
hereby amended to read as follows: Section 1. Any person
who shall kill and destroy any coyote, wolf, lynx, wild cat or named and
bounty
cougar in the State of Washington shall be entitled to a thereon.
Aoimal.
122
SESSION LAWS, 1905.
Proof of
killing.
bounty therefor in the sum of one dollar ($1.00) for each
coyote or wolf killed, the sum of two dollars and fifty cents
($2.50) for each lynx or wild cat killed, and the sum of
five dollars ($5.00) for each cougar killed.
SEC. 2. That section 2 of said act is hereby amended to
read as follows: Section 2. Upon the production to the
County Auditor of any County by any person of the scalp
or scalps of any coyote, wolf, lynx, wild cat or cougar killed
in such County, each of which scalps shall show two ears,
eye-holes and skin to tip of nose, the County Auditor shall
take proof by affidavit, that each such coyotes, wolves, lynx,
wild cats or cougars was killed in such County, and there-
upon it shall be the duty of such County Auditor to issue and
deliver to such person his warrant on the current expense
fund of such County for the sums hereinbefore provided,
and shall take and preserve a voucher therefor showing the
number of scalps so produced, the amount paid, and the date
each of said animals was killed, which voucher shall be signed
by the person to whom said bounty is paid.
SEC. 3. That section 3 of said act is hereby amended to
read as follows: Section 3. Any person claiming any such
premium shall produce such scalp or scalps to the County
Auditor of the County in which such coyote, wolf, lynx, wild
cat or cougar shall have been killed, within three months
after such killing, and shall take or subscribe the following
oath before such Auditor or any other officer authorized to
administer oaths: "I do solemnly swear that the scalp or
scalps here produced by me this.... ..day of........are of
a coyote, wolf, lynx, wild cat or cougar (as the case may be,
giving the number) killed in the County of...
State of Washington, and that said animal (or animals) was
(or were) killed not prior to...
To which the
Auditor or any other officer authorized to administer oaths
shall append the usual jurat, subscribed by himself or deputy.
SEC. 4. That section 6 of said act is hereby amended to
read as follows: Section 6. Any person or persons offering
for the purpose of obtaining said bounty, the scalp of any
coyote, wolf, lynx, wild cat or cougar killed prior to the
passage of this act, or that were killed outside of the bounda-
ries of the State of Washington, shall be deemed guilty of a
misdemeanor and upon conviction thereof shall pay a fine
of not less than ten dollars, and of not more than fifty dollars,
for the first conviction and for any subsequent conviction
Onth to
County
Auditor.
Penalty for
violation,
.
SESSION LAWS, 1905.
123
for same offense shall be fined not less than one hundred
dollars nor more than five hundred dollars for each such
offense, together with all costs attending such suit, one-half
of such fines to be paid to the informer and the other hal:
into the general school fund of the County wherein such
conviction was obtained.
Sec. 5. The Auditor, Treasurer and Chairman of Board Destruction
of scalps.
of County Commissioners shall at least quarterly, check over
the scalps on which bounties have been paid, and at such
time, and in the presence of each other reduce said scalps to
ashes.
Passed the Senate February 8, 1905.
Passed the House March 1, 1905.
Approved by the Governor March 3, 1905.
CHAPTER 64.
(8. B. No. 46)
AMENDING ACT OF 1899 RELATIVE TO INCORPORATION OF
CEMETERY ASSOCIATIONS.
AN ACT to amend Section 6 of an act entitled, "An act making
provisions for the incorporation of cemetery associations, de-
ining their powers, and prescribing & penalty for injury to
their property," approved March 6, 1899.
3328 Pierce.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That section 6 of an act entitled, “An act
making provisions for the incorporation of cemetery associa-
tions, defining their powers, and prescribing a penalty for
injury to their property," approved March 6, 1899 (same
being section 3328 of Pierce's Code), be and the same is
hereby amended to read as follows:
Section 6. All such associations shall cause a plan of
their grounds and of the blocks and lots by them laid out,
to be made and recorded, such blocks and lots to be numbered Recording of
ground plan.
by regular consecutive numbers, and shall have power to
enclose, improve and adorn the grounds and avenues, to
erect buildings for the use of the association and to prescribe
rules for the designation and adorning of lots and for erect-
124
SESSION LAWS, 1905.
a
Tu
ing monuments in the cemetery, and to prohibit any use,
division, improvement or adornment of a lot which they may
deem improper. An annual exhibit shall be made of the
affairs of the association. The plan, or plat, hereinbefore
required, shall be recorded by the proper County Auditor
for a fee not to exceed ten cents a lot, and if the actual cost
of recording the same shall be less than ten cents a lot, then
said Auditor shall record the same at the actual cost thereof.
Passed the Senate January 31, 1905.
Passed the House March 1, 1905.
Approved by the Governor March 3, 1905.
CHAPTER 65.
(8. B. No. 198)
TO AMEND STATE CONSTITUTION RELATIVE TO THE EX.
ERCISE OF THE POWER OF EMINENT DOMAIN.
AN ACT providing for the amendment of section 16 of Article
one (1) of the Constitution of the State of Washington, relat.
ing to the exercise of the power of eminent domain.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That at the general election to be held in this
State on the Tuesday next succeeding the first Monday in
November, 1906, there shall be submitted to the qualified
electors of the State for their adoption and approval an
amendment of section sixteen (16) of article one (1) of
the Constitution of the State of Washington so that the same
shall read, and it is proposed that the same shall read, when
so amended, as follows: Section 16. Private property may
be taken, under such terms, conditions and limitations as
Amendment shall be prescribed by the Legislature for drains, fumes, and
Taklag of
private prop
ditches for agricultural, domestic and sanitary purposes, and
for flumes, ditches, canals, reservoirs, or rights-of-way
through on or across the lands or waters or property of
others for mining, milling, manufacturing, irrigation and
lumbering purposes, or for the removal of timber or timber
products, and the appropriation and use of property for sucli
erty for
dralaage
purposes.
SESSION LAWS. 1905.
125
Othor rights
not limited
to be
purposes are hereby declared to be public uses, even though
such appropriation and use may inure to the special benefit
of some private individual, firm, corporation or association :
Provided however, That this declaration as to public uses
shall not be construed to limit the right to appropriate prop-
horoby.
erty for other public uses. Private property shall not be Private prop-
taken for private use, except for private ways of necessity. privatou...
No private property shall be taken or damaged for public
or private use without just compensation having been first
made, or paid into court for the owner, and no right-of-way
shall be appropriated to the use of any corporation other
than municipal until full compensation therefor be first made
in money, or ascertained and paid into Court for the owner,
irrespective of any benefit from any improvement proposed
by such corporation, which compensation shall be ascertained
by a jury, unless a jury be waived, as in other civil cases in
courts of record, in the manner prescribed by law. When-
ever an attempt is made to take private property for a use
alleged to be public, the question whether the contemplated
use be really public shall be a judicial question, and deter-
mined as such, without regard to any legislative assertion
that the use is public, except to the uses which are herein
declared to be public.
Sec. 2. The Secretary of State shall cause the amend- Pablication
ment proposed in section one of this act to be published for ment by
three months next preceding the said election therein de-
scribed in some weekly newspaper in every County where
a newspaper is published throughout the State.
Sec. 3. There shall be printed on all ballots provided for
the said election the words "For the proposed amendment Ballot for
to Section sixteen of Article one of the Constitution, relating sando
to the exercise of the power of eminent domain;" "
"Against
the proposed amendment to Section sixteen of Article one
of the Constitution, relating to the exercise of the power of
cminent domain."
Sec. 4. If it shall appear from the ballots cast at the said
election that a majority of the qualified electors voting upon
the question of the adoption of the said amendment have
voted in favor of the same, the Governor shall make procla- Proclamation
mation of the same in the manner provided by law and the by Governor.
said amendment shall be held to have been adopted and to
Socretary of
Stato,
and against
126
SESSION LAWS, 1907.
have been a part of the Constitution of this State from the
time of such proclamation.
Passed the House February 14, 1905.
Passed the Senate February 28, 1905.
Approved by the Governor March 4, 1905.
CHAPTER 66.
(8. Sob. B. No. 115)
AN ACT TO REGULATE PLUMBING AND CREATING A
BOARD OF PLUMBING EXAMINERS.
AN ACT to regulate plumbing in cities having a population of
ten thousand inhabitants or over, providing for the licensing
of pensons to carry on the business and work of plumbing,
creating a Board of Plumbing Examiners, ixing the compen-
sation of plumbing examiners, providing & penalty for the
violation bereof and repealing all acts in coniict herewith.
License.
Be it enacted by the Legislature of the State of Washington:
SECTION I. That any person, firm or corporation that is
now or hereafter may be engaged in the business of plumbing
in any city having a population of ten thousand inhabitants or
more, either as master plumber or as a journeyman plumber,
shall secure and hold a license therefor in accordance with
the provisions of this act, and it shall be unlawful for any
person to work at the trade of plumbing or to carry on the
business of plumbing in any such city without complying
with the provisions of this act.
SEC. 2. Within thirty days after this act shall take effect
the Governor shall appoint a board of plumbing examiners
consisting of three members. The members of said board
shall be practical plumbers well versed in modern sanitary
plumbing, sanitation and sewerage. The board shall con-
sist of two master plumbers and one journeyman plumber,
and the members of said board shall serve for a period of
three years each from the date of their appointment: Pro-
vided however, The first board shall serve as follows: One
member for one year, one member for two years, and one
member for three years, and the Governor in making the
Governor to
appoint
examining
board.
SESSION LAWS, 1905.
127
Alled by
board.
appointment shall designate the time that each member con-
stituting the first board shall serve. Thereafter upon the
expiration of the term of office of each member of the board,
or when a vacancy occurs, the Governor shall make a new hoang
Vacancies
appointment for the full period of three years. The members appointment.
of the said board shall be entitled to a compensation of five compensation
dollars per diem each, for each and every day while actually
engaged in the work of the board, together with their travel-
ing expenses from city to city on business connected with
their office; the compensation, however, to be paid from the
revenues realized under the provisions of this act, but not
otherwise. The time and method of payment of such com-
pensation shall be in accordance with the rules and regula-
tions established by said board of plumbing examiners.
Said board of plumbing examiners shall meet once each year
in each of said cities, and notice of such meeting shall
be given by publishing in each of said cities, in a daily news-
paper published therein, a statement of the time and place of
holding such meeting, at least ten days prior to the holding of
such meeting. Said board may call special meetings in any special board
meeting
of said cities for the purpose of holding examinations or for duties of
other business purposes as hereinafter provided whenever
in its judgment it is deemed advisable. At all regular and
special meetings of the said board as herein provided, it shall
be the duty of said board to examine each applicant for a
license as provided for by this act, to determine his qualifica-
tions and fitness for carrying on the business of a master
plumber or journeyman plumber, and if the applicant suc-
cessfully pass the examination as prescribed by the said
board, then a license shall be issued to such applicant for
such license, authorizing him to engage in the business and
occupation of a master plumber or journeyman plumber, as
the case may be, which license, when issued, shall authorize
the holder thereof to carry on the business of master plumber
or journeyman plumber in any of said cities.
SEC. 3. Any person, firm or corporation desiring to en-
gage in or work at the business of plumbing cither as a
miaster plumber or as a journeyman plumber in any of said
cities, shall apply to the said board of plumbing examiners
by filing a written application with the secretary of the board, Application
stating his place of residence, age, experience and the place
where he has acquired his experience, and shall at such time
and place as may be designated by said board, as herein
.
128
SESSION LAWS, 1905.
a
:
of board
on core.
provided for, be examined as to his qualifications for a
license. In the case of a firm or corporation, the examination
and issuing of a license to any one member of the firm or to
the manager of the corporation shall satisfy the requirements
of this act as to master plumbers, but not as to journeyman
plumbers: Provided however, That no person shall do the
work of a master plumber unless licensed as provided in this
act: Provided further, That any duly licensed journeyman
plumber may engage in the business of a master plumber
without further examination, upon payment of the fee for a
master plumber's license and complying with the other pro-
visions of this act with respect to master plumbers.
Organisation Sec. 4. Said board of plumbing examiners shall within
thirty days after the appointment of the members thereof
meet and organize and elect a president, secretary and trea-
surer, and make rules and regulations that are just and
reasonable and fair in the matter of time, place and method
of examining applicants desiring to engage in or to work at
the business or trade of plumbing in any of said cities, and
for the issuing of licenses and granting of temporary permits
from the time of the filing of the application until the appli-
cant has an opportunity to submit to the examination to be
Examination, prescribed by the said board. Said board shall examine all
of applicanto applicants as to their knowledge of and experience in plumb-
.
ing, house draining and ventilation, and all other subjects
that in its judgment are deemed necessary and requisite to
test the fitness, knowledge and experience of the applicant,
and if the applicant has sufficient knowledge and experience
in the matters inquired about and in the opinion of said
board is competent to engage in such work or business or
trade, said board shall thereupon issue a license to the appli-
cant which shall authorize and permit him to engage in the
business or trade specified in said license in any of the said
cities, for the time specified in said license.
Ixamination SEC. 5. No applicant for a master plumber's license shall
be entitled to submit to the examination prescribed by the
said board of plumbing examiners until he sliall have
deposited with the treasurer of said board the sum of ten
dollars, and no applicant for a journeyman plumber's license
shall be entitled to submit to the examination to be prescribed
by said board until he shall have deposited with the treasurer
of said board the sum of two dollars and fifty cents; each
license when issued shall expire one year after the date of
SESSION LAWS, 1905.
129
Ronewal loo.
examinations,
its issuance and shall have no force or effect after the expira-
tion of one year from the date of its issuance. Any license,
however, issued to a master plumber or journeyman plumber,
may be renewed annually without examination at any time Renewal of
prior to its expiration, by a written request for its renewal
directed to the secretary of said board and the payment of
the sum of ten dollars for a renewal of a master plumber's
license or the sum of two dollars and fifty cents for the
renewal of a journeyman plumber's license, and any such
renewal shall also be for the period of one year.
Sec. 6. Nothing in this act shall prohibit any person
from
working as an apprentice in said trade of plumbing with a Apprentices.
plumber duly licensed by said board as herein provided for,
and under such rules and regulations as may be prescribed
from time to time by said Board of Plumbing Examiners:
Provided, The name and residence of each apprentice and the
name and residence of their employers shall be duly filed
with said board, and a record in a suitable book to be pro-
vided by said board shall be kept by said board, showing the
names and residences of such apprentices.
SEC. 7. Sufficient of the moneys derived from license fees, Expense of
examination fees and the renewal of licenses, under the bow defrayed
provisions of this act, shall be used by said board to defray
the expenses of holding examinations in connection with the
carrying out of the provisions of this act, including their
own compensation and traveling expenses, and any surplus
remaining shall be turned over to the state treasurer on the
first day of July, 1907, and annually thereafter.
Sec. 8. The license and permit granted as herein provided Revocation of
.
may be at any time revoked for incompetency, dereliction of
duty or other sufficient cause, after a full and fair hearing
by said board.
Sec. 9. A majority of said Board of Plumbing Examiners Quorum of
shall constitute a quorum for the purpose of transacting any
and all business that may come before the board.
All competent master plumbers and competent License to
journeyman plumbers now engaged in the business or actu-plumber—60
ally and regularly working at the trade of plumbing shall be
entitled to a license to be issued by said Board of Plumbing
Examiners immediately after its organization as provided for
by this act, without submitting or being required to submit
to any examination whatsover, upon the payment by each of
the applicants for such license of the sum of ten dollars in
licenso.
board.
SEC. 10.
.
6
130
SESSION LAWS, 1905.
a
Legislativo
intout of sot.
Violation and
popolty.
the case of a master plumber and two dollars and fifty cents
in the case of a journeyman plumber, and such license when
issued shall be renewed from time to time annually as here-
inbefore provided.
SEC. II. If any section or provisions of this act be held
by the Courts of this State to be unconstitutional, it is hereby
declared to be the legislative intent that the remaining sec-
tions or provisions of this act shall remain in full force and
effect, to the same extent as though such unconstitutional
portion had not been enacted, and the declaring of one section
or provision void shall in no way affect the validity of the
sections or provisions remaining.
SEC. 12. Any person violating any of the provisions of
this act shall be deemed guilty of a misdemeanor and shall
be punished by a fine of not more than fifty dollars or less
than ten dollars for each and every violation thereof.
SEC. 13. Any person making an application for a license
as herein provided for who deems himself aggrieved by
reason of the refusal of said board of plumbing examiners
to grant a license to him shall have the right to appeal from
the decision of said board to the superior court of the county
in which he shall submit to his examination for a license.
Sec. 14. All acts and parts of acts in conflict with the
provisions of this act are hereby repealed.
Passed the House February 20, 1905.
Passed the Senate February 28, 1905.
Approved by the Governor March 4, 1905.
Apposl.
Raposl.
SESSION LAWS, 1905.
131
CHAPTER 67.
(H. B. No. 39)
TO AMEND THE STATE CONSTITUTION RELATIVE TO
WATER AND WATER RIGHTS, TO INCLUDE REMOVAL
OF TIMBER PRODUCTS.
AN ACT providing for the amendment of section one of article
XXI of the Constitution of the State of Washington, entitled,
"Water and Water Rights," by enlarging the public use of the
waters of this state so as to include the removal of timber
products.
8tate nater.
State to
amondmont.
Be it enacted by the Legislature of the State of Washington:
SECTION I. That it is proposed to amend Article XXI,
1
Section one, of the Constitution to read as follows: "Section Public ... of
use
1. The use of the waters of this State for irrigation, mining,
manufacturing purposes, and for the removal of timber
products shall be deemed a public use."
SEC. 2. The Secretary of State shall cause the foregoing Secretary of
amendment to be published for three months next preceding pablish
the next general election to be held in this State, in some
weekly newspaper in each county in this State wherein a
newspaper is published.
Sec. 3. At the general election to be held in this State on
the Tuesday next succeeding the first Monday in November,
1906, the above and foregoing amendment shall be submitted
to the qualified electors of the State for their adoption and
approval.
Sec. 4. There shall be printed on all ballots for said elec-
tion the words "For proposed amendment to Article XXI, Ballot.
Section one, of the Constitution which reads: Section 1.
The use of the waters of this State for irrigation, mining,
manufacturing purposes, and for the removal of timber
products shall be deemed a public use." "Against the pro
posed aniendment to Article XXI, Section one, of the Con-
stitution which reads: Section 1. The use of the waters of
this State for irrigation, mining, manufacturing purposes,
and for the removal of timber products shall be deemed a
public use.'
Passed the House February 14, 1905.
Passed the Senate March 1, 1905.
Approved by the Governor March 3, 1905.
132
SESSION LAWS, 1905.
CHAPTER 68.
(S. B. No. 293)
ADDITIONAL LEGISLATIVE EXPENSES.
AN ACT appropriating the sum of ten thousand dollars, or 80
much thercot as may be necessary, for the expenses of the
Ninth Legislature.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That there be and there is hereby appropri-
ated out of the funds of the State of Washington, the sum
of ten thousand dollars ($10,000) or so much thereof as
may be necessary, to be used for the expenses of the Ninth
Legislature of the State of Washington.
Passed the Senate February 27, 1905.
Passed the House March 6, 1905.
Approved by the Governor March 6, 1905.
CHAPTER 69
(H. B. No. 185)
PROVIDING RATE OF INTEREST ON CERTAIN BONDS OF
ISLAND COUNTY.
AN ACT providing for the rate of interest to be paid on certain
bonds of leland County, and owned by the State of Washing.
ton.
Be it enacted by the Legislature of the State of Washington:
SECTION I. That the Treasurer of the State of Washing-
ton be and he is hereby directed and authorized to accept
in full payment of interest upon fourteen thousand dollars
bonds of Island County, issued January 1, 1892, and being
part of an issue of twenty thousand dollars and now owned
by the State of Washington, for the six years beginning
January 1, 1906, and ending January 1, 1912, at the rate of
four per cent per annum.
Passed the House February 15, 1905.
Passed the Senate March 3, 1905.
Approved by the Governor March 6, 1905.
,
SESSION LAWS, 1905.
133
CHAPTER 70.
(H. B. No. 13)
PROVIDING FOR CARE AND PROTECTION OF DEFECTIVE
AND FEEBLE MINDED YOUTH.
AN ACT providing for the care of defective and feeble minded
youth, establishing an institution therefor, providing for the
construction of buildings, making an appropriation, and de-
claring an emergency.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That a State institution hereby is established
to be known as "The State Institution for Feeble-minded,"
Nomo.
for the care and education of the defective and feeble-minded
youth of the State of Washington.
SEC. 2. The location of the said institution shall be near
Location and
Medical Lake, in Spokane County, Washington, and shall supervision,
be on land now owned by the State of Washington, and with-
in two miles of the Eastern Washington Hospital for the
Insane and shall be under the.immediate supervision of the
Superintendent of the Eastern Washington Hospital for the
Insane, subject to such rules and regulations as may be pre-
scribed by the State Board of Control.
Sec. 3. Said institution shall be under the direct man-
Management.
agement and direction of the State Board of Control, the
same as other State institutions, and in all respects subject
to the law creating the said State Board of Control.
Sec. 4. Every child and youth residing within this State,
under the age of twenty-one years who by reason of defective
intellect are rendered unable to acquire an education in the
common schools, and epileptics of the same age, are entitled
to receive such physical and mental training and care as is
provided in said institution, at the expense of the State. The
term "feeble-minded,” as used in connection with this insti- Term":ceblo.
tution, shall be so construed as to include idiotic children, and denned.
the said board shall provide a custodian or asylum depart-
ment for the care of such as can not be benefited by educa-
tional training. The said board is hereby authorized and
required to utilize the labor of the inmates of the said insti-
tution as far as may be conducive to their health and best
interests, under the direction of the superintendent of the said
Inrites.
:
.
134
SESSION LAWS, 1905.
Certidad
Copy and
institution, subject to the approval of the said board. The
Report of
county superintendent of schools in each county shall on
County
Superlatende August first of each year report to the State Board of Con-
trol the name, age and postoffice address of the parents,
guardian or nearest friend of any child, also the names of all
children in his county, who by reason of mental, feeble and
physical condition are deprived of a reasonable degree of
benefit from the common schools, and state therein whether
such child has ever attended school, and if so, how long.
Pupils not otherwise provided with clothing shall be supplied
by the superintendent of such institution, the cost of which,
if there be any, with that of the transportation of the pupil,
shall stand as an account against him or his parents or
guardian, and, being duly certified to by the superintendent,
shall be presumed to be correct in all courts. A certified
copy of the amount thereof shall be transmitted to the county
payment.
auditor of the county of the pupil's residence, who shall
proceed to collect it in the name of the county, and pay the
same to the state treasurer. At the same time the account is
forwarded to the auditor, a duplicate shall be sent to the
state auditor who shall credit the institution with the amount,
and at the same time charge it to the proper county. If
it is made to appear by the affidavits of three disinterested
persons of such county not of kin to an inmate, his parents
or guardian, that the same ought not to be collected from
them or either of them because of their financial condition
then the auditor shall credit the same to the State and report
that fact to the board of county commissioners, which board
shall direct its payment to the State out of the county fund.
SEC. 5. The State Board of Control shall proceed, with
as little delay as possible, to erect a suitable building or build-
ballding. ings of brick or stone, and to equip and furnish the same, in
accordance with the plans and specifications therefor which
may be adopted by said board or a majority thereof; pro-
vided that a plan shall be adopted for a complete institution
building or buildings capable of accommodating, when fin-
ished, two hundred inmates or more; and that if the ap-
propriation hereinafter provided for is not sufficient for the
erection and equipment of the whole building or buildings,
such portion thereof shall be first built, furnished and equip-
ped for the occupation of inmates as shall, in the judgment
of said Board of Control, be deemed most expedient.
Erection of
SESSION LAWS, 1906.
135
dis-
Sec. 6. That upon the completion and equipment of said Traasfer of
building or buildings herein provided for, or a sufficient
portion thereof for their accommodation, that said State
Board of Control shall remove or cause to be removed to
said "State Institution for Feeble-minded" all of the inmates
then in the feeble-minded department of the State School
for Defective Youth.
SEC. 7. Defective youth not residing in the State may Non-residents. .
be admitted on such terms and conditions as may be pre-
scribed by the said State Board of Control.
of
Sec. 8. It shall be the duty of the clerks of all school Report !
districts in the State of Washington at the time of making
triot olarks,
the annual reports, to report to the school superintendent of
their respective counties the names of all feeble-minded
youth residing within their respective districts.
Sec. 9. It shall be the duty of the parents or guardians Duties of
of such defective youth to send them to the said institution pourraien.d
for feeble-minded. The county superintendent shall take
all action necessary to enforce this section. Provided, That
if satisfactory evidence shall be laid before the county super-
intendent that any defective youth is being properly educated
and cared for at home or in some suitable institution other
than the state institution for feeble-minded, the county
superintendent shall take no action in such case further than
to make a record of such fact, and take such steps as shall
be necessary to satisfy himself that said defective youth shall
continue to receive proper education and care. Any parent,
guardian, school superintendent or county commissioner
who shall, without proper cause, fail to carry into effect the
provisions of this act, shall be deemed guilty of a misde- penalty.
meanor, and upon conviction thereof, upon the complaint of
any officer or citizen of the county or state, before any
justice of the peace or superior court, shall be fined in any
sum not less than fifty nor more than two hundred dollars,
in the discretion of the court.
SEC. 10. That upon the completion and equipment of the
Obano in
said "State Institution for Feeble-minded," or a sufficient School for
-
portion thereof, and the removal thereto of the inmates of Youth
the present feeble-minded department of the State School
for Defective Youth, that said feeble-minded department of
the State School for Defective Youth as such shall be and
the same is hereby ordered abolished, and the buildings now
Violation and
136
SESSION LAWS, 1905.
Appropris:
tion.
or then occupied by such department of said school be
thereafter used for the blind of said school.
Sec. 11. That for the purposes of carrying out the pro-
visions of this act, there is hereby appropriated out of any
moneys in the State treasury, not otherwise appropriated,
the sum of sixty-two thousand and five hundred ($62,500)
dollars or so much thereof as may be necessary for the fol-
lowing purposes, to-wit: For the erection and equipment
of said "State Institution for Feeble-minded," the sum of
fifty thousand ($50,000) dollars; for the removal to said
institution of the inmates of the present feeble-minded de-
partment of the State School for Defective Youth, the sum
of two thousand five hundred dollars ($2,500); and for
the maintenance of the State Institution for Feeble-minded,
for the fiscal term ending March 31, 1907, the sum of ten
thousand dollars ($10,000).
SEC. 12.
An emergency exists and this act shall take
effect immediately.
Passed the House February 21, 1905.
Passed the Senate February 28, 1905.
Approved by the Governor March 6, 1905.
Emergonoy,
CHAPTER 71.
(H. B. No. 99)
AMENDING ACT OF 1903 RELATIVE TO MUTUAL FIRE IN-
SURANCE COMPANIES.
AN ACT to amend Chapter Dinety-seven of the Session Laws of
1903, being "An act providing for the incorporation and regu.
lation of Mutual Fire Insurance Companies."
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That Section two of an act entitled, "An act
providing for the incorporation and regulation of Mutual Fire
Insurance Companies," approved March 14, 1903, being
Chapter ninety-seven of the Session Laws of 1903, be and
hereby is amended to read as follows: Section 2. No policy
of insurance shall be issued by any such company or asso
ciation until not less than two hundred thousand dollars
SESSION LAWS, 1905.
137
insurance has been subscribed and entered upon its books:
Provided however, that when any ten persons or companies
operating manufacturing plants within this State shall have
organized an association or corporation hereunder, such com-
pany can begin to issue policies under such conditions as
its board of directors may provide, and, Provided further,
That any company or association organized under this act
may issue policies of insurance outside of any incorporated
city or town when fifty thousand dollars insurance has been
subscribed and entered upon its books.
Passed the House February 20, 1905.
Passed the Senate March 2, 1905.
Approved by the Governor March 6, 1905.
CHAPTER 72.
(8. Sob. B. No. 184)
FOR SECURING AND PERPETUATING LIENS UPON
CHATTELS.
AN ACT to secure and perpetuate liens upon chattels for labor,
skill and material expended thereon, and providing for the
enforcement thereof.
labor.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. Every blacksmith, wagon-maker, machinist,
1
or boiler-maker who has expended labor, skill or material
on any chattel, at the request of its owner, or authorized
agent of the owner, shall have a lien upon such chattel, for Lions for
the contract price for such expenditure, or in the absence
of such contract price, for the reasonable worth of such
expenditure, for a period of one year from and after such
expenditure, notwithstanding the fact that such chattel be
surrendered to the owner thereof: Provided however, That
no such lien shall continue after the delivery of such chattel
to its owner as against the rights of innocent third persons
acquired without actual knowledge of such lien.
Sec. 2. In order to make such lien effectual the lien Notice.
claimant shall within ninety days from the date of delivery
of such chattel to the owner file in the office of the Auditor
138
SESSION LAWS, 1905.
1
of the County in which such chattel is kept a lien notice,
which notice shall state the name of the claimant, the name
of the owner, a description of the chattel upon which the
claimant has expended labor, skill or material, the amount
for which a lien is claimed, and the date upon which such
expenditure was completed, which notice shall be signed by
the claimant, or some one in his behalf, and may be in
substantially the following form:
Form.
CHATTEL LIEX NOTICE.
.Claimant,
against
...Owner.
Notice is hereby given that.
. has and
claims a lien upon (here insert description of chattel), owned by
.for the sum of...
...dollars,
for and on account of labor, skill and material expended upon
which was completed upon the
..day of.
.190...
said...
1
Claimant.
Omer
bip.
Enforcement
of lion.
SEC. 3. Every person who is in possession of a chattel,
under an agreement for the purchase thereof, whether the
title thereto be in him, or his vendor; shall, for the purposes
of this act, be deemed the owner thereof, and the lien of a
person expending material, labor or skill thereon shall be
superior to and preferred to the rights of the person holding
the title thereto, or any lien thereon antedating the time of
expenditure of the labor, skill or material thereon by a lien
claimant, to the extent that such expenditure has enhanced
the value of such chattel.
Sec. 4. The lien herein provided for may be enforced
against the owner of and all persons having an interest in
any such chattel by notice and sale in the same manner that
a chattel mortgage is foreclosed, or by decree of any court
in this State, exercising original equity jurisdiction in the
County wherein such chattel may be, or in action commenced
within nine months after the filing of such lien notice and
if no such action be commenced within such time such lien
shall cease.
Sec. 5. Upon presentation of such lien notice to the
Auditor of any County, and the payment to him of fifteen
cents, he shall file the same, and endorse thereon the time of
the reception, the number thereof, and shall enter the same
in a suitable book or file (but need not record the same).
Filing of
notico.
SESSION LAWS, 1905.
139
Such book or file shall have herewith an alphabetic index, in
which the County Auditor shall index such notice by noting
the name of the owner, name of lien claimant, description of
property, date of lien (which shall be the date upon which
such expenditure of labor, skill or material was completed),
date of filing and when released, the date of release.
Passed the House February 21, 1905.
Passed the Senate March 1, 1905.
Approved by the Governor March 6, 1905.
CHAPTER 73.
(8. B. No. 121)
APPROPRIATION FOR BENEFIT OF THE FLORENCE CRIT-
TENTON AND WHITE SHIELD HOMES.
AN ACT appropriating the sum of six thousand dollars for the
use and benest of The Florence Crittenton and the White
Shield Home l'escue work for the State of Washington.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That the sum of six thousand dollars be and
the same is hereby appropriated out of any funds of the
State not otherwise appropriated, for the use and benefit of
the Florence Crittenton and the White Shield Home rescue
work for the State of Washington; two thousand dollars
thereof to be paid to the treasurer of The Florence Crittenton
Home at Spokane, Washington, and two thousand dollars
thereof to be paid to the treasurer of The Florence Crittenton
Home at Seattle, Washington, and two thousand dollars
thereof to be paid to the treasurer of The White Shield
Home at Tacoma, Washington.
SEC. 2. The State Auditor is hereby directed to issue his
warrants for said sums and the State Treasurer is hereby
directed to pay same upon presentation.
Passed the Senate February 9, 1905.
Passed the House March 1, 1905.
Approved by the Governor March 6, 1905.
.
140
SESSION LAWS, 1905.
CHAPTER 74.
(8. B. No. 107)
TO ESTABLISH A STATE FISH HATCHERY ON THE HUMP.
TULIPS RIVER.
AN ACT to establish and maintain a State Fish Hatchery on the
Humptulipe River, Chebalis County, Washington.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That the State Fish Commissioner is hereby
authorized and empowered, and it is hereby made his duty
to establish and maintain a State fish hatchery on the Hump-
tulips river, Chehalis County, Washington.
Sec. 2. That if after investigation the State Fish Com-
missioner finds the Humptulips river, Chchalis County,
Washington, a suitable stream for the location of a salmon
hatchery, he is hereby authorized and directed to establish
and maintain a State salmon hatchery on said Humptulips
river in Chehalis County.
Passed the Senate February 7, 1905.
Passed the House March 1, 1905.
Approved by the Governor March 6, 1905.
CHAPTER 75
(8. B. No. 08)
EMPOWERING CITIES OF THIRD AND FOURTH CLASS TO
COLLECT ANNUAL STREET POLL TAX.
AN ACT empowering cities of the third and fourth class to levy
and collect an appual street poll tax, and declaring an emer-
gency.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. The city council of cities of the third and
fourth class in this State shall have power to impose on and
collect from every male inhabitant of such city over the age
SESSION LAWS, 1905.
141
of twenty-one years an annual street poll tax not exceeding
two dollars, and no other road poll tax shall be collected with-
in the limits of such city.
SEC 2. An emergency exists and this act shall take effect Emorgency.
immediately.
Passed the Senate February 9, 1905.
Passed the House March 2, 1905.
Approved by the Governor March 6, 1905.
CHAPTER 76.
18. B. No. 60)
DONATING CERTAIN SHORE LANDS TO THE CITY OF
SEATTLE.
AN ACT donating to the City of Seattle all the sbore lands and
waters of Green Lake in the City of Seattle, King County,
State of Washington.
ovaon not
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That all of the shore lands, beds, and waters
of Green Lake, in the City of Seattle, County of King, State
of Washington, claimed by the State of Washington, be and
the same are hereby donated to the City of Seattle for park,
parkway and boulevard purposes: Provided, That this act Upland
shall not affect the vested rights of upland owners, And affected.
provided further, That the existing ordinances of said city
authorizing the use of parts of said shore lands, beds, and
waters shall continue in full force in accordance with the
terms and conditions thereof.
SEC. 2. The above granted lands shall never be used for
any other than park, parkway or boulevard purposes, includ-
ing suitable street railway facilities. The City of Seattle
shall commence the improvement thereof within one year
from the taking effect of this act, and within five years from
that time shall expend at least $10,000.00 in such improve-
ments. The title to said lands shall revert to the State in
case of the failure of the city to comply with any of the
provisions of this section.
Passed the Senate February 23, 1905.
Passed the House March 1, 1905.
Approved by the Governor March 6, 1905.
142
SESSION LAWS, 1905.
CHAPTER 77
(8. B. No. 101)
AMENDING BALLINGER'S CODE RELATIVE TO PETIT
LARCENY.
AN ACT amending Section 7109 of Ballinger's Annotated Codes
and Statutes of Washington, relating to petit larceny and
providing a penalty therefor.
7109 Balllo.
ger.
1
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That Section 7109 of Ballinger's Annotated
Codes and Statutes of Washington be, and the same is
amended to read as follows: Section 7109. Every person
who shall feloniously steal, take and carry away, lead or
drive away, the personal goods or property of another, under
the value of thirty dollars, shall be deemed guilty of petit
larceny, and upon conviction thereof shall be punished by
fine of not more than five hundred dollars, or by imprison-
ment in the county jail not more than one year, or by both
fine and imprisonment, in the discretion of the court.
Passed the Senate February 9, 1905.
Passed the House March 1, 1905.
Approved by the Governor March 6, 1905.
CHAPTER 78.
(8. B. No. 184)
PROHIBITING ADVERTISING OF TREATMENT OF CERTAIN
DISEASES.
AN ACT to prohibit the advertising of treatment or cure of
venereal diseases and disorders, declaring the same & mig.
demeanor and prescribing a penalty therefor.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. Any person who shall advertise that he will
treat or cure venereal diseases or disorders, or any venereal
SESSION LAWS, 1905.
143
disease or disorder, shall be guilty of a misdemeanor, and
upon conviction thereof shall be imprisoned in the County
jail for a period of not less than one month nor more than
six months. Any owner or managing officer of any news-
paper in whose paper shall be printed or published such ad-
vertisement as is described in this act shall be guilty of a
misdemeanor, and upon conviction thereof shall be impris-
oned in the County jail for a period of not less than one
month nor more than six months.
Passed the Senate February 16, 1905.
Passed the House March 1, 1905.
Approved by the Governor March 6, 1905.
CHAPTER 79.
(8. B. No. 82)
PROVIDING FOR SCREENS AT HEAD OF IRRIGATION
FLUMES OR DITCHES.
AN ACT to provide for the erection of screens or grills at the
head of irrigating fumes, ditches or canals on streams where
state fisk hatcheries are located for the purpose of preventing
mountain trout or other food ishes from entering said fumes,
ditches or canals, and providing a penalty for the violation
thereof.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That any person or persons, company or cor-
poration owning, operating or controlling any canal, ditch
or fume used for irrigating purposes shall erect on streams
where State fish hatcheries are located and keep at the head
of every such canal, ditch or flume, a wire screen or grill;
the design and construction of the same shall be under the
direction and approval of the State Fish Commissioner ; said
wire screen or grill shall be well constructed, and the meshes
of said screen or grill shall not be farther apart than one-
fourth of one inch, and shall be securely placed in the head
of every such canal, flume or ditch, so as to prevent the in-
gress of any mountain trout or other food fishes from any of
the lakes or streams of this State.
144
SESSION LAWS, 1905.
Pepslty for
violations.
SEC. 2. Any person or persons, company or corporation,
or any agent of any company or corporation, violating any
of the provisions of this act shall be guilty of a misdemeanor,
and upon conviction thereof, shall be fined in any sum not
less than fifty, nor more than five hundred dollars.
Passed the Senate February 2, 1905.
Passed the House March 2, 1905.
Approved by the Governor March 6, 1905.
CHAPTER 80.
(8. B. No. 112)
TO ESTABLISH A STATE HATCHERY ON THE CHEHALIS
RIVER.
AN ACT to establish a State flah hatchery on the Cheballs river,
in Lewis County, in the State of Washington.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That the State Fish Commissioner is hereby
authorized and directed to prospect the Chehalis river in
Lewis County with a view of establishing and maintaining
a State salmon hatchery thereon.
Sec. 2. That if after investigation the State Fish Com-
missioner finds the Chehalis river in Lewis County a suitable
stream for the location of a hatchery he is hereby authorized
and directed to establish and maintain a State salmon hatch-
ery on said Chehalis river in Lewis County.
Passed the Senate February 13, 1905.
Passed the House March 1, 1905.
Approved by the Governor March 6, 1905.
a
SESSION LAWS, 1905.
145
CHAPTER 81.
(A. Sub. B. No. 6)
ESTABLISHING A RAILROAD COMMISSION.
AN ACT to establish a railroad commission for the State of
Washington, whereby discrimination and extortion in railroad
and express coarges may be prevented and reasonable and
just freight and passenger service and tarit may be corrected
and established; to authorize the commission to make all
necessary rules and regulations for its government, and the
carrying into effect the provisions of this act; to give to said
commission the power to regulate the sale of railroad tickets,
and to correct and provide charges for hauling loaded or
empty cars, proper trackage, proper train service, suficient
freight and passenger rooms, and just and reasonable joint
rates and demurral charges; to prescribe penalties for the
violation of this act, and to provide means and rules for its
proper enforcement, and making an appropriation therefor.
Govornor to
e
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That a Railroad Commission is hereby cre-
ated, to be composed of three persons to be appointed by appoint
the Governor. Within thirty days after this enactment shall term.
.
go into effect, three commissioners shall be appointed, one
of whom shall be designated as chairman, one for the term
of six years, one for the term of four years and one for the
term of two years; and thereafter the term of each com-
missioner shall be six years from the date of the expiration
of the term of his predecessor. Each commissioner shall
hold office until his successor shall have been appointed and
qualified. A commissioner may be removed by the Governor Removals.
for any cause which he shall decm sufficient, which power of
removal shall be absolute, and there shall be no right to
review of the same in any court whatsoever; the cause or
causes for such removal shall be set forth by the Governor
in a written statement which shall immediately be filed with
the Secretary of State.
(a) No commissioner appointed under this act shall hold shall not hold
any other office under the Government of the United States, ord.co.
or of this State, or of any County or municipal corporation
within this State; and shall not, while such commissioner,
any otber
7
146
SESSION LAWS, 1905.
Vacancies.
engage in any occupation or business inconsistent with his
duties as such commissioner.
(b) The Governor shall fill all vacancies in the office of
commissioner by appointment, and the person so appointed
shall fill out the unexpired term of his predecessor.
Barety bond
(c) Before entering upon the duties of his office each of
of members. said commissioners shall give a surety company bond (the
.
cost of said bond to be paid by the State) in the sum of
twenty thousand ($20,000) dollars, payable to the State of
Washington, conditioned upon the faithful performance of
his duties, and shall take and subscribe to the usual oath of
office prescribed by law for State officers, and shall in ad-
dition thereto swear that he is not directly or indirectly
interested in any railroad or express company, nor the bonds,
stock, mortgages, securities, contracts or earnings of any
railroad or express company, and that he will, to the best
of his ability, faithfully and justly execute and enforce the
provisions of this act and all laws of this state concerning
railroads or express companies, which oath shall be filed
with the Secretary of State.
Salary.
(d) Each of said Commissioners shall receive an annual
salary of four thousand dollars, payable in the same manner
as the salaries of other State officers.
Organisation.
Sec. 2.
The Conimissioners appointed shall meet at the
State Capitol and organize. A majority of said Commis-
Quoram. sioners shall constitute a quorum to transact business. Said
Secretary and Commission may appoint a secretary at a salary of not more
than two thousand dollars per annum, and may appoint
such clerks as may be necessary, not to exceed three in
number, at a salary of not to exceed twelve hundred dollars
per annum each, and such other persons as experts
as may be necessary to perform the duties that may
be required of them by this act. The secretary shall
keep full and correct minutes of all transactions, and pro-
ceedings of said Commission, and perform such duties as
may be required by the Commission. The Commission shall
have power to make all needful rules for their government
Oficial pame and proceedings. They shall be known collectively as “The
Railroad Commission of Washington," and shall adopt and
use an official seal. They shall be furnished with an office
at the state capitol, and with necessary furniture, stationery
and supplies, to be paid for on the order of the governor.
The Commissioners, secretary and clerks, if any, shall be
salary .
Minutos.
and
1
S
SESSION LAWS, 1905.
177
.
entitled to receive from the State their actual necessary trav-Traveling
eling expenses while traveling on the business of the Com-
mission, to be paid upon the presentation to the State Auditor
of an itemized statement thereof, with vouchers attached,
sworn to by the party who incurred the expense and ap-
proved by the Commission.
(a) Said Commission may hold sessions at any place in Sossions.
)
this State when deemed necessary to facilitate the discharge
of their duties.
Sec. 3.. That the freight and passenger tariffs, charges
for transportation of loaded or empty cars, charges for de-
murrage, and reciprocal demurrage, trackage, train service,
waiting rooms for passengers and rooms for freight and
baggage at all stations of railroads, and charges for each
kind and class of property, money, papers, packages and all
other things to be charged for and received by each express
company on all such property, money, papers, packages and
things which by the contract to carry are to be transported
by said express company, to be demanded, collected, enforced
or performed by railroad or express companies shall be just,
fair, reasonable and sufficient, and the said Railroad Com-
mission of Washington is hereby vested with power and comment
authority, upon complaint made as hereinafter provided or
by inquiry upon their own motion, after a full hearing, to
make any finding declaring any existing rate for
the transportation of persons or property, or any regulation
whatsoever affecting said rate or charge for transportation
of loaded or empty cars or demurrage or reciprocal demur-
rage or the sufficiency of the train service and waiting rooms
for passengers and rooms for freight and baggage to be
unreasonable, or unjustly discriminatory, or insufficient, and
to declare and order what shall be a just and reasonable rate,
practice, regulation or thing to be charged, imposed, enforced
or performed or followed in the future in the place of that
found to be unreasonable or unjustly discriminatory or in-
sufficient, and the order of the Commission shall of its own
force take effect and become operative twenty days after
notice thereof has been given to the railroad or express com-
pany effected thereby; which said order shall be served on
railroad and express companies by delivery of a certified
copy thereof under the seal of the Commission, either to the
attorney for the railroad or express company, or the said
company itself. Service of said order upon any officer upon orders
Power of
Commission.
1
3
Service of
.
148
SESSION LAWS, 1905.
whom summons in civil actions might be served shall be a
sufficient service thereof. And any railroad or express com-
pany affected by the order of the Commission and deeming
Procoeding it to be contrary to the law, may institute proceedings in the
Superior Court of the State of Washington in the County
in which the hearing before the Commission upon the com-
plaint had been held, and have such order reviewed and its
reasonableness and lawfulness inquired into and determined.
Pending such review, if the Court having jurisdiction shall
be of the opinion that the order or requirement of the Com-
mission is unreasonable, or unlawful, it may suspend the
same until the further order of the Cuurt pending such litiga-
tion, in which event the Court shall require a bond of good
and sufficient security conditioned that the carrier or carriers
petitioning for such review shall answer for all damages
caused by the delay in the enforcement of the order of the
Commission, and all penalties that would attach against the
said railroad or express company, and all compensation for
whatever sums for transportation service any person or cor-
poration shall be compelled to pay pending the review pro
ceedings, in excess of the sums such person or corporation
would have been compelled to pay if the order of said Com-
mission had not been suspended. Said action of review shall
be taken by the said railroad or express company within
twenty days after notice of said order, and if said action of
review is not taken within said time, then in all litigation
thereafter arising between the State of Washington and said
railroad or express company, or private parties and said
railroad or express company, the said order shall be deemed
final and conclusive. If, however, said action in review is
instituted within said time, the said railroad or express com-
pany shall have the right of appeal or to prosecute by other
appropriate proceedings, from the judgment of the Superior
Court to the Supreme Court of the State of Washington,
as in civil actions. In all such proceedings, however, bonds
shall be required conditioned as hereinbefore provided in
addition to the usual appeal bond. The action in review of
such order, whether by writ of review or appeal, or other-
wise, shall be by equitable proceedings before such Superior
Court.
Joint rates. Sec. 4. That when the rate substituted by the Commis-
sion, as hereinbefore provided, shall be a joint rate, and the
railroad or express companies parties thereto, fail to agree
Time of
action.
Additional
bond..
SESSION LAWS, 1905.
149
upon the apportionment thereof among themselves within
ten days after notice of such order, the Commission may
issue a supplemental order, declaring the portion of such
joint rate to be received by each railroad or express company
party thereto, which shall take effect of its own force as part
of the original order, and when the order of the Commission
prescribes the just relation of rates to or from common points
of the lines of the several railroads or express companies
parties to the proceedings, such railroads or express com-
panies fail to notify the Commission within five days after
notice of such order, that they have agreed among them-
selves as to the changes to be made to effect compliance
therewith, the Commission may issue a supplemental order
prescribing the rate to be charged to or from such common
points by either or all of the parties to the proceeding, which
order shall take effect of its own force, as part of the original
order, and such supplemental orders shall be subject to re-
view by the said Superior Court within the time and in the
manner hereinbefore provided for the review of original or-
ders of the Commission: Provided however, That before the
Commission shall have the power to fix joint rates, or com-
pel one road to haul the cars of another, or deliver freight
or cars to another road, the Commission must be satisfied
that an injustice or injury will result to the shipper seeking
the enforcement of said joint rate, if the same is not estab-
lished.
Sec. 5. That if any railroad or express company, of Retuul or
negligenco of
officer, or agent thereof, bound thereby, shall refuse or neg-kode
penalty.
lect to obey or perform any order of the Commission men-
tioned in this act, the Commission may apply by petition to
the Superior Court of this State, in any County in this
State, in or through which the said railroad or express
company is doing business, to enforce obedience to its order
by writ of injunction or other appropriate process, and in
addition thereto, the offending party shall, for each day of
the continuance of said refusal or neglect, be subject to a
penalty of two hundred fifty dollars, which together with the
cost of suit, shall be recoverable by the Commission in an
action instituted by it, on the relation of the State of Wash-
ington, in the Superior Court of the State of Washington, in
the Superior Court of the State of Washington, in any
County in this State, in or through which said railroad or
express company runs or does business.
150
SESSION LAWS, 1905. .
Complaints
as to charges
or rater.
Proce
bow served
Sec. 6. When complaint is made to the Commission in
writing that any freight or passenger tariff rate, or charge
for the transportation of loaded or empty cars, or for demur-
rage or reciprocal demurrage, or charge for the storing and
handling of freight, rates of charge for all kinds or classes
of property, money, packages, papers, or other things to be
charged for and received by each railroad and express com-
pany, which by the contract of carriage are to be transported
by said railroad or express company between points within
this State, is unreasonable or unjustly discriminatory, or
that any train service of railroads, whether freight or pas-
senger, or the amount of trackage, or waiting rooms for
passengers, or rooms for freight, or baggage at any station,
or that cars of same are insufficient or improper, the Com-
mission shall thereupon give to the railroad or express com-
pany to be effected thereby, thirty days' written notice of the
time and place, when and where such complaint will be
heard, and said railroad or express company shall be entitled
to be heard at such time and place, to the end that justice
may be done, and the Commission shall issue process to
enforce the attendance of all necessary witnesses. All process
herein provided for shall be served as in civil cases; issues
shall be made up without delay as nearly as practicable as
in civil cases; such complaint shall be instituted in the name
of the Commission, and all railroads, express companies, and
carriers interested, shall be made parties to the hearing, and
on such hearing, all complaints made concerning any rates,
charges, tolls or other matters, upon which complaints may
be founded, may be joined in the one hearing, and no motion
shall be entertained against such complaint for misjoinder
of complaints or grievances, or misjoinder of parties; it
being the intention of this act to authorize said Commission
to inquire into all grievances whereof complaint may have
been made, or by inquiry upon its own motion at one hearing,
and by one order and judgment, decide and adjust the same,
and in any review in the Courts of the orders of the Com-
mission, the same rule shall apply and pertain with regard
to the joinder of complaints, and parties, as herein provided :
Provided, All grievances to be inquired into whether by
complaint made to the Commission or by inquiry upon its
own motion, shall be set out in a complaint, which shall be
served upon the railroad, or express company, together with
notice of the time and place of hearing.
Intent of
this Act.
SESSION LAWS, 1905.
151
Commission
(a) The Commission shall have power to adopt rules to Powers of
govern its proceedings, and to regulate the mode and man-
ner of all investigations and hearings: Provided, No person
desiring to be present at any such hearing, shall be denied
admission.
(6) The chairman, and each of the Commissioners, for
the purposes mentioned in this act, shall have power to
administer oaths, certify to all official acts, and to issue
subpoena for the attendance of witnesses, and the production
of papers, way bills, books, accounts, documents and testi-
mony: The Superior Court of the County in which any
.
proceeding under this act may be instituted, shall have power
to compel the attendance of witnesses, and the production Witnesses.
of papers, way bills, books, accounts, documents and testi-
mony as required by said subpoena. The said Commission
before which the testimony is to be given or produced, in
case of the refusal of any witness to attend, or testify, or
produce any papers required by the subpoena, shall report coport to sa-
to the Superior Court in and for the County in which the perior Court.
proceeding is pending by petition, that due notice has been
given of the time and place of the attendance of said witness,
or the production of said papers, and that the witness has
been summoned in the manner provided in this act, and that
the fees and mileage of the witness has been paid or tendered
to the witness for his attendance and testimony, and that
the witness has failed and refused to attend or produce the
papers required by the subpoena, before said Commission,
in the cause or proceeding named in the notice and subpoena,
and ask an order of the said Court, compelling the witness
to attend and testify before the said Commission; the Court
upon the petition of the Commission, shall enter an order
directing the witness to appear before the said Court, at a
time and place to be fixed by the Court in such order, and
then and there show cause why he has not responded to said
subpoena. A copy of said order shall be served upon said
witness. If it shall appear to the Court that said subpoena
was regularly issued by said Commission, the Court shall
thereupon enter an order that said witness appear before said
Commission at said time and place as fixed in said order,
and testify or produce the required papers, and upon failing
to obey said order, said witness shall be dealt with as for
contempt of Court. In all proceedings before the Commis-
sion, the Commissioners shall have the right in their discre-
Court's ordor.
152
SESSION LAWS, 1905.
dissatisfied
party.
a
tion, to limit the number of witnesses testifying upon any
subject or proceeding to be inquired of before the Com-
mission.
Appeal of
(c) In case the decision or order of the Commission con-
cerning any freight or passenger tariff, rate or charge for
the transportation of loaded or empty cars or for demurrage
or reciprocal demurrage or charge for the storing or handling
of freight, rates of charge for any kind or class of property,
money, packages, papers or other things to be charged for
or received by any railroad or express company inquired
into by the Commission on the written complaint of any
person or number of persons shall be unsatisfactory to any
of the persons so making written complaint upon any matter
embraced in such written complaint, such dissatisfied party
shall have the right to appeal from the order of the Com-
mission to the Superior Court of the State of Washington
in the County in which the hearing before the Commission-
ers had been held. Said appeal shall be taken by serving on
the Commission or filing with it a notice of appeal specifying
the order or portion of the order appealed from within thirty
days from the rendition of such decision and the execution
and filing within said time of a bond in the sum of one
hundred dollars conditioned to pay the costs of such
appeal, which bond shall go to the State of Wash-
ington. Upon receipt of such notice and bond the
Commission shall notify all persons interested in the
subject matter of said appeal being taken. On said
appeal the order or portion of order appealed from shall be
tried de novo by the Superior Court without the intervention
of the jury and said Court shall render such decision con-
cerning the matter complained of as the justice of the case
may require.
Rates conclu. · SEC. 7. In all actions between private parties and railroad
or express companies brought under this law, and in all
actions for the enforcement of penalties provided for in this
act, the rates, charges, classifications and orders prescribed
by the Commission as hereinbefore provided, shall be held
conclusive, and deemed and accepted to be fair and just;
but in every such action any judgment averse to the railroad
or express companies rendered after the Commission has
determined the rate, charge, classification or order, and while
same is pending on writ of review or appeal, and prior to
the final determination of such action under section three of
Notico to
interested
partios.
sive, in
actions.
SESSION LAWS, 1905.
153
proot.
this act, determining the reasonableness of such rate, charge,
classification or order, shall be provisional only, and enforce-
ment thereof and process thereunder, shall be stayed pending
the final determination of such writ of review or appeal.
Upon final determination of such writ of review or appeal, mantaboo fate.
if the judgment therein be in favor of the rate, charge,
classification or order prescribed by the Commission, the
judgment theretofore provisional, shall thereupon become
absolute, but if the determination be against the rate, charge,
classification or order, prescribed by the Commission, in such
event the judgment theretofore provisional, shall be set aside
or modified by the Court to meet the final determination
thereof.
Sec. 8. That whenever the Commission, under section Burden of
three of this act, has determined any rate, regulation, order,
classification or charge, in any appeal or writ of review
brought by a railroad or express company to determine the
reasonableness of such rate, regulation, order, classification
or charge, the burden of proof shall be upon said railroad
or express company to establish that such rate, regulation,
order, classification or charge, established by the Commission
is unreasonable or unjustly discriminatory or insufficient.
Sec. 9. The Superior Court of the State of Washington, Jurisdiction
in any County in or through which the said railroad or
express companies is doing business, shall have jurisdiction
to enforce by proper decree, injunction or orders, the rates,
classifications, rulings, orders and regulations made or estab-
lished by the Commission. The proceeding therefor shall
be by equitable action in the name of the State and shall be
instituted by the Attorney General whenever advised by the Altz Gen'
Commission that any railroad or express company or person on
proceeding,
operating a line of railways or express company in this State
is violating or refusing to comply with any rule, order, rate,
classification or regulation made by the Commission and
applicable to such railway or express company. It shall be
the duty of the Superior Court in which such action is
Duty of
Superior
pending to require the issues therein to be promptly made
up, and to give the same precedence over all other civil
business of a different nature. Jf in such action the Court
finds that the said defendant has failed, without sufficient
cause, to comply with the rule, regulation, order, rate or
classification so made and established, the Court shall decree
a mandatory injunction compelling obedience to and compli-
of court.
r
to instituto
whon,
Court.
154
SESSION LAWS, 1905.
docroo
ance with the rule, rate, order, regulation or classification
by the defendant and its officers, agents, servants and em-
ployes, and may grant such other relief as may be deemed
Ysolation of just and proper. Any violation of such decree shall render
pobalty.
the defendant and every officer, agent, servant and employe
of the defendant who is in any manner instrumental in such
violation, guilty of contempt, and upon conviction thereof
shall be fined in a sum not exceeding one thousand ($1,000)
dollars for each offense, or may imprison the person guilty
of contempt until he shall sufficiently purge hiniself there-
from, and such decree shall continue and remain in effect and
be in force until the rule, order, regulation, rate or classifica-
tion shall be modified or vacated by the Commission, but the
defendant railroad or express company may thereafter peti-
tion the Commission for and obtain a modification of the
decree by reason of any change of circumstances occurring
after the decree such as to render the rule, order, regulation,
rate or classification involved unreasonable or unjust. An
appeal within the same time as other actions, shall be allowed
to the Supreme Court from the decree in such actions, and
the cause shall have precedence over all other civil actions
of a different nature pending in the Supreme Court.
Sec. 1o. Each railroad and express company shall, within
thirty days after this act shall take effect, furnish to the
Commission a complete schedule of all rates, rules, orders,
classifications or regulations then in force by it between
all points in this State, and shall keep at each station, depot
or office a copy thereof for inspection by all interested per-
sons, during business hours, and thereafter shall note thereon
any changes that may be made therein within ten days after
such change shall be made.
Ingpection of
SEC. 11. The Commissioners, or either of them, or such
.
pany', books.
person as they may employ therefor, shall have the right,
at such times as they may deem necessary, to inspect the
books and papers of any railroad or express company, and
to examine under oath any officer, agent or employe of such
railroad or express company in relation to the business and
affairs of the same. If any railroad or express company
shall
refuse to permit the Commissioners, or either of them, or
any person authorized by them, to examine its books and
papers, such railroad or express company shall, for each
offense, pay to the State of Washington not less than one
hundred twenty-five dollars nor more than five hundred
Schedule of
nter to be
furnished
nilroad com.
SESSION LAWS, 1906.
155
exhibit books.
of amount of
dollars for each day it shall so fail or refuse: Provided,
That any person other than one of said Commissioners who
shall make any such demands shall produce his authority,
from said Commission, to make such inspection.
(a) Any officer, agent or employe of any railroad or ex- Failure to
press company who shall, upon proper demand, fail or refuse
to exhibit to the Commissioners, or either or any of them,
or any person authorized to investigate the same, any book
or paper of such railroad or express company which is in
the possession of, or under the control of such officer, agent
or employe, shall be deemed guilty of a misdemeanor, and
upon conviction in any Court having jurisdiction thereof,
shall be fined for each offense a sum not less than one hun- Penalty.
dred twenty-five dollars and not to exceed five hundred
dollars, or shall be imprisoned in the County jail not to
exceed six months, or both such fine and imprisonment.
Sec. 12.
The Commission shall ascertain as early as prac-
Ascartatamaat
ticable the amount of money expended in the construction construction
and equipment per mile of every railway in Washington. «worn arperte.
The Commission may also ascertain the amounts paid for
salaries to the officers of the railroad or express company
and the wages paid to employes. For the purpose in this
.
section named, the Commission may employ sworn experts
to inspect and assist them when needed, and from time to
time, as the information required by this section is obtained,
it shall communicate the same to the Attorney General by
report, and file a duplicate thereof with the Secretary of
State for public use, and said information shall be printed
from time to time in the annual report of the Commission.
Sec. 13. The said Commission shall cause to be prepared Blanks.
suitable blanks with questions calculated to elicit all informa-
tion concerning railroads and express companies, and as
often as it may be necessary furnish said blanks to each
railroad and express company. Any railroad or express
company receiving from the Commission any such blanks
shall cause said blanks to be properly filled out so as to
answer fully and correctly each question therein propounded,
and in case they are unable to answer any question, they
shall give a satisfactory reason for their failure; and the said
answers, duly sworn to by the proper officers of said com-
pany, shall be returned to said Commission at its office within
thirty days from the receipt thereof.
156
SESSION LAWS, 1906.
Fuloro to
oll ont blants.
a
Pobalty.
Roports of
Com'n, to
Covernor
(a) If any officer or employe of a railroad or express
company shall wilfully fail or refuse to fill out and return
any blank as above required, or wilfully refuse or fail to
answer any question therein propounded, or give a false
answer to any such questions, where the fact inquired for is
within his knowledge, or shall evade the answer to any such
questions, such person shall be guilty of a misdemeanor and
shall on conviction thereof be fined for each day he shall
fail to perform such duty, after the expiration of the time,
a sum not to exceed five hundred dollars, and the Commis-
sion shall cause a prosecution therefor in the proper Court;
and a penalty of a like amount shall be recovered from the
company when it appears that such person acted in obedience
to its directions, permission or request in his failure, evasion
or refusal.
(b) The said Commission shall make and submit to the
Governor annual reports containing a full and complete ac-
count of the transactions of their office, together with the
information gathered by such Commission as herein required,
and such other facts, suggestions and recommendations as
may be by them deemed necessary, which report shall be
published as the reports of the heads of departments.
(c) The said Commission shall have power, and it is
hereby made its duty, to investigate all through freight rates
on railroads and express companies in Washington; anci
Lovestigations, when the same are, in the opinion of the Commission,
sive or levied or laid in violation of the interstate commerce
law, or the rules and regulations of the interstate commis-
sion, the officials of the railroads or express companies are
to be notified of the facts and requested to reduce then or
make the proper corrections, as the case may be. When the
rates are not changed, or the proper corrections are not made
according to the request of the Commission, the latter is
instructed to notify the interstate commerce commission
and to apply to it for relief.
Sec. 14. Each witness who shall appear before the Com-
mission by order of the Commission, shall receive for his
attendance three dollars per day and five cents per mile trav-
eled by the nearest practicable route in going and returning
from the place of meeting of said Commission; said fees and
mileage shall be paid as other acounts, upon the presentation
of proper vouchers sworn to by such witnesses and approved
by the chairman of the Commission: Provided, That no
excCS-
by
Witnessen
loos thorvot
SESSION LAWS, 1905.
157
crimination
witness shall be entitled to any fees or mileage from the
State of Washington when summoned at the instance of the
railroad or express companies. The claim by any witness
that any testimony sought to be elicited may tend to crimi-
nate the person giving it, shall not excuse said witness froni
testifying, but such evidence or testimony shall not be used
against such person on the trial of any criminal proceeding
excepting in a prosecution for perjury: Provided, The Com
mission shall in all cases have the right to take depositions Dopositions
instead of compelling attendance of witnesses and to compel
witnesses to attend and testify as upon a hearing before
them. The sheriff or constable executing any process issued
under the provisions of this act shall receive such compensa-
tion as may be allowed by the Commission, not to exceed
fees as now prescribed by law for similar services. The said
Commission shall have power to subpoena and compel the
attendance of witnesses from any place within the State to
attend upon said Commission at its meetings at any place
in the State.
SEC. 15. If any railroad or express company subject here- Unjost dir
to, directly or indirectly, or by any special rate, rebate, draw-
back or other device, shall charge, demand, collect, or receive
from any person, firm or corporation, a greater or less coni-
pensation for services rendered, or to be rendered by it,
than it charges, demands, collects or receives from any other
person, firm or corporation for doing a like and contempo-
raneous service, such railroad or express company shall be
deemed guilty of unjust discrimination, which is hereby pro-
hibited
(a) It shall also be unjust discrimination for any such
railroad or express company to make or give any undue or
unreasonable preference or advantage to any particular per- Unreasonable
son, company, firm, corporation or locality, or to subject any
particular description of traffic to any undue or unreasonable
prejudice, delay or disadvantage in any respect whatever.
(b) Every railroad or express company which shall wii-Tallare to
fully fail or refuse under such regulations as may be pre-br troleht.
or
scribed by the Commission, to receive and transport without
delay or discrimination, the passengers, tonnage and cars,
loaded or empty, of any connecting line of railroad and every
railroad which shall, under such regulations as may be pre-
scribed by the Commission, wilfully fail and refuse to trans-
port and deliver without delay or discrimination any passen-
transport
158
SESSION LAWS, 1905.
Penalty for
violating
above section.
gers, tonnage or cars, loaded or empty, destined to any point
on or over the line of any connecting line of railroad shall
be deemed guilty of unjust discrimination: Provided, Per-
ishable freight of all kinds and live stock shall have prece-
dence of shipment.
(c) It shall be unjust discrimination for any railroad or
express company subject hereto to charge or receive any
greater compensation in the aggregate for the transportation
of like kind of property or passengers for a shorter than for
a longer distance over the same line: Provided, That upon
application to the Commission any railroad or express com-
pany may in special cases, to prevent manifest injury, be
authorized by the Commission to charge less for longer than
for shorter distances for transporting persons and property,
and the Coinmission shall from time to time prescribe the
extent to which such designated railroad or express company
may be relieved from the operation of this provision: Pro-
rided, That no manifest injustice shall be imposed upon any
citizen at intermediate points.
(d) Any railroad or express company violating any pro
visions of this section shall be deemed guilty of unjust dis-
crimination and shall for each offense pay to the State of
Washington a penalty of not less than one hundred dollars
nor inore than two thousand dollars.
(c) Nothing herein shall prevent the carriage, storage or
handling of freight free or at reduced rates for the State, or
for any city, county or town government, or for charitable
purposes, or to and from fairs and expositions for exhibi-
tion thereof, or the free carriage of destitute and indigent
persons, or the issuance of mileage or excursion passenger
tickets, nor to prevent railroads from giving free or reduced
transportation to ministers of religion, or to the inmates of
hospitals, eleemosynary and charitable institutions; and noth-
ing herein shall be construed to prevent railroads from
giving free transportation to any railroad officers, agents,
employes, attorneys, stockholders or directors, and to em-
ployes' families, and to ex-employes in search of employ-
ment: Provided, Such carriage may extend to employes'
household goods and personal effects.
Sec. 16. Any officer or agent of any railroad or express
company subject to this act who, by means of false billing,
false classification, false weights or by any other device, shall
suffer or permit any person or persons to obtain transporta-
Froo carriage
for State
allowed
hereby.
1
Employes
included.
Pobalty for
false billing
or woight.
1
1
1
SESSION LAWS, 1906.
159
i
a
Willu!
tion for property at less than regular rates then in force on
such railroad or express company, or who, by means of false
billing, false classification, false weighing, or by any device
whatsover shall charge any person, firm or corporation more
for the transportation of property than the regular rates,
shall be guilty of a misdemeanor, and on conviction thereof
fined in a sum not less than one hundred dollars nor more
than one thousand dollars.
SF.C. 17. In case any railroad or express company subject Liability for
damsgos.
to this act shall do, cause to be done or permit to be donc
any matter, act or thing in this act prohibited or declared to
be unlawful, or shall omit to do any act, matter or thing
herein required to be done by it, the said railroad or express
company shall be liable to the person or persons, firm or
corporation injured thereby for the damage sustained in con-
sequence of such violation.
Sec. 18. If any railroad or express company as aforesaid
shall wilfully violate any other provisions of this act, or shall mendations-
pobalty.
do any other act herein prohibited, or shall fail or refuse to
comply with any and all lawful orders emanating from said
Railroad Commission or any other duty enjoined upon it
for which a penalty has not herein been provided, for every
such act of violation it shall pay to the State of Washington
a penalty of not more than two thousand dollars.
Sec. 19. All of the penalties herein provided shall be re- Penaltior-
covered and suits therefor shall be brought in the name of credito
whom paid.
the State of Washington, in the superior court of Thurston
county, or in the superior court of any county in or through
which said railroad or express company may do business,
by the attorney general or under his direction. In all suits
arising under this act the rules of evidence shall be the saine
as in ordinary civil actions, except as otherwise herein pro-
vided. All fines and penalties recovered by the State under
this act shall be paid into the treasury of the State.
Sec. 20. Upon application of any person the Commission Com'n to
shall furnish certified copies of any classification, rates, rules, brate, coco
furnish copies
regulations or orders established by such Commission and
such printed copies, published by the authority of the Com-
mission, with seal affixed, shall be admissible in evidence in
any suit, and shall be sufficient to establish the fact that any
charge, rate, rule, order or classification therein contained,
and which may be in issue in the trial, is the official act of
the Commission. A substantial compliance with the require-
how recor
of etc.
160
SESSION LAWS, 1905.
Commission
to enforce act
Generu.
Term
''nilroad"
defned.
ments of this act shall be sufficient to give effect to all the
classifications, rates, charges, rules, regulations, requirements
and orders established by the Commission, and none of them
shall be declared inoperative for any omission of a technical
matter in the performance of such act.
SEC. 21. It is hereby made the duty of such Commission
Ando report to to see that the provisions of this act, and all laws of this
State concerning railroads and express companies are en-
forced and obeyed, and that violations thereof are promptly
prosecuted, and penalties due the State therefor recovered
and collected. And said Commission shall report all such
violations, with the facts in their possession, to the attorney
general or other officer charged with the enforcement of
laws, and request him to institute the proper proceedings
and all suits between the State and any railroad or express
company shall have precedence over all the other suits pend-
ing therein.
Sec. 22. The term "road," "railroad," "railroad compa-
nies,” “railroad corporations," as used herein, shall be taken
to mean and embrace all corporations, companies, individu-
als and association of individuals, their losses or receivers,
owning or operating any railroad or part of a railroad in this
State: Provided however, That the provisions of this act
shall not apply to street railroads or to electric railroads of
the class known as suburban or interurban railroads which
operate cars in connection with street railroad lines, though
extending also over private right-of-way, and "express com,
pany" shall mean all such corporations, companies and asso
ciation of individuals, their lessees or receivers, as shall do
the business of express companies on any railroad in this
State.
Sec. 23. This act shall not have the effect to release or
waive any right of action by the State or any person for any
beroby.
right, penalty or forfeiture which may have arisen or may
hereafter arise under any law of this State; and all penalties
accruing under this act shall be cumulative of each other,
and a suit for the recovery of one penalty shall not be a bar
to the recovery of any other.
Appropriation.
There is hereby appropriated out of any money
in the State treasury not otherwise appropriated the sum of
seventy-five thousand dollars, or so much thereof as may be
necessary to carry out the provisions of this act.
Right of
action not
released
Sec. 24.
SESSION LAWS, 1906.
161
Sec. 25. All laws and parts of laws in conflict with this Repoal.
act are hereby repealed.
Sec. 26. If any section, subdivision, sentence or clause Constitution.
ality.
of this act is for any reason held to be unconstitutional, such
decision shall not affect the validity of the remaining por-
tions of the act.
Sec. 27. That all provisions of this act and all penalties Applicable to
and forfeitures provided herein applicable to railroad com-companies.
panies shall likewise be applicable to express companies.
Passed the House February 25. 1905.
Passed the Senate March 1, 1905.
Approved by the Governor March 7, 1905.
CHAPTER 82.
(8. B. No. 203)
RELATING TO THE INCORPORATION, MANAGEMENT AND
POWERS OF COMPANIES FOR OPERATING TOLL LOG-
GING ROADS, ETC.
AN ACT relating to the incorporation, management and powers
of companies having for their object the building of toll log.
ging roads, chutes, water ways and other ways for the trans-
portation of logs and other timber products, and conferring
upon such companies the power of eminent domain, and declar-
ing an emergency.
and
Be it enacted by the Legislature of the State of Washington:
SECTION 1. Any two or more persons may incorporate a
company, having for its principal object the construction, Incorporation
maintenance and operation of logging roads, chutes, flumes powers of.
and artificial water courses, or water ways and other ways,
for the transportation of logs and other timber products.
Such corporation shall have power to acquire, hold, use and
transfer all such real and personal property as shall be
reasonably necessary for carrying on the business of such
corporation.
Sec. 2. Such corporation shall have power to build, con- Further
struct, maintain and operate logging roads, whether skid
roads, railroads or any other kind, also chutes, flumes and
artificial water courses, water ways and other ways, for the
power..
8
162
SESSION LAWS, 1906.
Transporte.
tion chargu.
by ominont
.
transportation of logs or any other timber products, together
with all necessary yarding grounds, rollways and landings.
Sec. 3. After any such logging road, way, chute, flume
.
or artificial water course or other improvements shall have
been constructed, such company shall transport all timber
products offered to it for carriage as its means of transporta-
tion are adapted to carry, and such company shall have the
right to charge reasonable tolls for the use thereof, which
tolls shall be uniform, having due regard to the portion or
length of any such logging road, way, chute, Aume, or arti-
ficial water course or other improvements used by any per-
son. Such company shall have a lien for the amount of its
reasonable tolls and charges upon any and all logs or other
timber products transported by it over its logging road, way,
Notice of llen. chute, Alume or artificial water course. Notice of such lien
shall be filed, and the same shall be enforced, in the same
manner as is now or may hereafter be provided for the filing
and enforcement of liens on logs by boom companies.
Dashni
SEC. 4. Such companies shall be deemed quasi public
condemnations companies and common carriers, and any such company shall
domain, to have the right of eminent domain and shall have the right to
appropriate and condemn lands and property for its use.
Such right of condemnation and of eminent domain shall
be exercised in the same manner as is now, or may hereafter
be, provided by law for the condemnation of property by
ordinary railroad corporations exercising the right of emi-
nent domain: Provided, That the right of eminent domain
shall not be exercised by any such corporation with respect
to any residence. And provided further, That any property
acquired by such corporation under the provisions of this
act by the exercise of the right of eminent domain shall be
used exclusively for the purposes of this act; and whenever
the use of such property as herein contemplated shall cease
for the period of one year, the property shall revert to the
original owner, his heirs or assigns. Nothing in this act
shall be construed to authorize the taking or damaging of
any power plant constructed or being constructed for the
creation or utilization of water power.
Emergency. Sec. 5. An emergency exists and this act shall take effect
immediately.
Passed the House February 14, 1905.
Passed the Senate March 1, 1905.
Approved by the Governor March 6, 1905.
SESSION LAWS, 1905.
163
!
CHAPTER 83.
(8. B. No. 262)
AMENDING ACT CREATING A BUREAU OF LABOR.
AN ACT to amend Sections 1 and 8 of an act entitled, "An
act creating a Bureau of Labor, defining its duties, abolishing
the office of Assistant Labor and Factory, Mill and Railway
Inspector, repealing Chapter XXIX of the Law of 1897; mak-
ing an appropriation and declaring an emergency;" approved
March 16, 1901.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That section one of an act entitled "An act
creating a Bureau of Labor, defining its duties, abolishing
the office of Assistant Labor and Factory, Mill and Railway
Inspector, repealing chapter XXIX of the laws of 1897;
making an appropriation, and declaring an emergency," ap-
proved March 16, 1901, be and the same is hereby amended
to read as follows: Section 1. A Commissioner of Labor Amandment
shall be appointed by the Governor, and said Commissioner Governor
to appoint.
of Labor, by and with the consent of the Governor, shall
have power to appoint and employ such assistants as may
be necessary to discharge the duties of said Commissioner
of Labor; and said Commissioner of Labor, together with the
Inspector of Coal Mines, shall constitute a Bureau of Labor.
On the first Monday in April in 1897, and every four years
thereafter, the Governor shall appoint a suitable person to act
as Commissioner of Labor, and as Factory, Mill and Railroad
Inspector, who shall hold office until his successor is ap-
pointed and qualified.
Sec. 2.
That section eight of said act, approved March
16, 1901, be and the same is hereby amended to read as
follows: Section 8. The salary of the Commissioner of salary.
Labor, provided for in this act shall be eighteen hundred
(1800) dollars per annum, and he shall be allowed his actual
and necessary traveling and incidental expenses; and any
assistant of said Commissioner of Labor shall be paid for
each full day service rendered by him, such compensation
as the Commissioner of Labor may deem proper, but no such
164
SESSION LAWS, 1905.
assistant shall be paid to exceed four ($4.00) dollars per
day, and his actual and necessary traveling expenses.
Passed the House March 1, 1905.
Passed the Senate March 3, 1905.
Approved by the Governor March 6, 1905.
CHAPTER 84-
(8. 8. No. 129)
PROVIDING FOR THE PROTECTION OF EMPLOYES OF
FACTORIES AND MILLS.
AN ACT providing for the protection and health of employes in
factories, mills or workshops, where machinery is used, and
providing for suits to recover damages sustained by the viola-
tion thereof, and prescribing & punishment for the violation
thereof, and repealing an act entitled, "An act providing for
the protection of employes in factories, mills or workshops
where machinery is used, and providing for the punishment
of the violation thereof," approved March 6, 1903, and repeal.
ing all other acts or parts of acts in conflict herewith.
and
uteguards.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That any person, firm, corporation or asso-
ciation operating a factory, mill or workshop where ma-
Belt shiftens, chinery is used shall provide and maintain in use, belt shift-
ers or other mechanical contrivances for the purpose of
throwing on or off belts on pulleys while running, where
the same are practicable with due regard to the nature and
purpose of said belts and the dangers to employes therefrom;
also reasonable safeguards for all vats, pans, trimmers, cut-
off, gang edger, and other saws, planers, cogs, gearings, belt-
ing, shafting, coupling, set screw, live rollers, conveyors,
mangles in laundries and machinery of other or similar
description, which it is practicable to guard, and which can
be effectively guarded with due regard to the ordinary use
of such machinery and appliances, and the dangers to em-
ployes therefrom, and with which the employes of any such
factory, mill or workshop are liable to come in contact while
in the performance of their duties; and if any machine, or
any part thereof, is in a defective condition, and its opera-
Us of
dotoctivo
machines
prohibited.
SESSION LAWS, 1905.
165
tion would be extra hazardous because of such defect, or if
any machine is not safeguarded as provided in this act, the
use thereof is prohibited, and a notice to that effect shall be
attached thereto by the employer immediately on receiving
notice of such defect or lack of safeguard, and such notice
shall not be removed until said defect has been remedied or
the machine safeguarded as herein provided.
SEC. 2. Every factory, mill or workshop where machinery Ventilation
and unitary
is used and manual labor is exercised by the way of trade for conditions.
the purposes of gain within an enclosed room (private houses
in which the employes live, excepted) shall be provided in
each work room thereof with good and sufficient ventilation
and kept in a cleanly and sanitary state, and shall be so
ventilated as to render harmless, so far as practicable, all
gases, vapors, dust or other impurities, generated in the
course of the manufacturing or laboring process carried on
in any enclosed room thereof, by which dust is generated and
inhaled to an injurious extent by the persons employed there-
in, conveyors, receptacles or exhaust fans, or other mechan-
ical means, shall be provided and maintained for the purpose
of carrying off or receiving and collecting such dust.
Sec. 3. The openings of all hoist-ways, hatch-ways, ele- Trop doort
vators and well holes and stairways in factories, mills, work-
shops, storehouses, warerooms or stores, shall be protected
where practicable, by good and sufficient trap-doors, hatches,
fences, gates or other safeguards, and all due diligence shall
be used to keep all such means of protection closed, except
when it is necessary to have the same open that the same
may be used.
Sec. 4. It shall be the duty of the Commissioner of Labor, Duty of
by himself or his duly appointed deputy, to examine as soon of labor.
as may be after the passage of this act, and thereafter annu-
ally and from time to time, all factories, mills, workshops,
storehouses, warerooms, stores and buildings and the ma-
chinery and appliances therein contained to which the pro-
visions of this act are applicable for the purpose of determin-
ing whether they do conform to such provisions, and of
granting or refusing certificates of approval, as hereinafter
provided.
Sec. 5. Any person, firm, corporation or association car- Requests for
inspection.
rying on business to which the provisions of this act are
applicable, shall have the right to make written request to
said Commissioner of Labor to inspect any factory, mill or
commissioner
166
SESSION LAWS, 1906.
Notifcation of
dolocts, by
omployo
workshop, and the machinery therein used, and any store-
house, wareroom or store, which said applicant is operating,
occupying or using, and to issuc his certificate of approval
thereof; and said Commissioner of Labor by himself, or his
deputy, shall forthwith make said inspection. Upon receiving
such application the Commissioner of Labor shall issue to
the person making the same, an acknowledgment that such
certificate has been applied for, and thirty days after such
acknowledgment, by said Cornmissioner of Labor, and pend-
ing the granting of such certificate, such acknowledgment
shall have the same effect as such certificate, till the granting
of such certificate by said Commissioner of Labor.
Sec. 6. Any employe of any person, firm, corporation or
association shall notify his employer of any defect in, or
failure to guard the machinery, appliances, ways, works and
plants, with which or in about which he is working, when
any such defect or failure to guard shall come to the
knowledge of any said employe, and if said employer shall
fail to remedy such defects then said employe may complain
in writing to the Commissioner of Labor of any such alleged
defects in or failure to guard the machinery appliances, ways,
works and plants, or any alleged violation by such person,
firm, corporation or association, of any of the provisions of
this act, in the machinery and appliances and premises used
by such person, firm, corporation or association, and with or
about which such employe is working, and upon receiving
such complaint, it shall be the duty of the Commissioner of
Inspection, Labor, by himself or his deputy, to forthwith make an in-
spection of the machinery and appliances complained of.
Sec. 7. Whenever upon any examination or re-examina-
tion of any factory, mill or workshop, store or building, or
the machinery or appliances therein to which the provisions
of this act are applicable, the property so examined and the
machinery and appliances therein conform in the judgment
of said Commissioner of Labor to the requirements of this
act, he shall thereupon issue to the owner, lessee or operator
of such factory, mill or workshop, or to the owner, lessee
or occupant of any such storehouse, wareroom or store, a
certificate to that effect, and such certificate shall be prima
ovidence of facic evidence as long as it continues in force, of compliance
complianco.
on the part of the person, firm, corporation, or association
to whom it is issued, with the provisions of this act. Such
certificate may be revoked by said Commissioner of Labor
Oortifcato
prim
SESSION LAWS, 1906.
167
Service of
notice of
at any time upon written notice to the person, firm, corpora-
tion or association holding the saine, whenever in his opinion
after re-examination, conditions and circumstances have so
changed as to justify the revocation thereof. A copy of said Copy of
certificate shall be kept posted in a conspicuous place oni
to bo postod,
every floor of all factories, mills, workshops, storehouses,
warerooms or store to which the provisions of this act are
applicable. If, in the judgment of said Conimissioner of
Labor, such factory, mill or workshop, or the machinery and
appliances therein contained, or such storehouse, wareroom
or store does not conform to the requirements of this act,
he shall forthwith, personally or by mail, serve on the person, Borrede
firm, corporation or association operating or using such ma-requiremente.
chinery or appliances, or occupying such premises, a written
statement of the requirements of said Commissioner of Labor,
before he will issue a certificate as hereinbefore provided
for; and upon said requirements being complied with, within
a period of thirty days after said requirements have been
served as aforesaid, the said Commissioner of Labor shall
forthwith issue such certificate; but if the person, firm or
corporation operating or using said machinery and appliances
or occupying such premises shall consider the requirements
of said Commissioner of Labor unreasonable and imprac-
ticable or unnecessarily expensive, he may within ten days
after the requirements of said Commissioner of Labor have
been served upon him, appeal therefrom or from any part Appel-
in writing
thereof, to three arbitrators to whom shall be submitted the
matter and things in dispute, and their findings shall be
binding upon said applicant and upon the Commissioner of
Labor. Such appeal shall be in writing, addressed to the
Commissioner of Labor and shall set forth the objection to
his requirements, or any part thereof, and shall mention the
name of one person who will serve as the representative of
said applicant calling for arbitration. Immediately upon the
receipt of such notice of appeal, it shall be the duty of the Duty of
Commissioner of Labor to appoint a competent person as upon appeal.
arbitrator resident in the County from which such appeal
comes, and to notify such person so selected, and also the
party appealing, stating the cause of the arbitration, and the
place, date and time of meeting. These two arbitrators shall
select the third, and as soon thereafter as practicable, give
a hearing on the matters of said appeal, and the findings of
these arbitrators by a majority vote, shall be reported to the
commissioner
168
SESSION LAWS, 1905.
Expense of
arbitration.
Commissioner of Labor, and to the applicant, and shall be
binding upon each. The expense of such arbitration shall
be borne by the party calling for the arbitration; and if said
arbitrators sustain the requirements of said Commissioner
of Labor or any part thereof, said applicant shall within
thirty days, comply with the findings of said arbitrators, and
thereupon the said Commissioner of Labor shall issue his
certificate as hereinbefore provided (in section four of this
act); but if said arbitrators shall sustain such appeal or any
part thereof, the same shall be binding upon said Commis-
sioner of Labor; and any such person, firm, corporation or
association shall within thirty days, after the finding of the
board of arbitrators, comply with the requirements of the
Commissioner of Labor, as amended by said arbitrators, if
so amended as herein provided for, and thereupon said Com-
missioner of Labor shall forthwith issue to any such person,
firm, corporation or association, his certificate as provided
for in section four of this act: Provided however, That
before any certificate shall be issued by said Commissioner
of Labor as provided for in this act, the person, firm, cor-
poration or association which has complied with the pro-
visions of this act, shall pay to the Treasurer of the State
of Washington, an annual fee of ten dollars, and take his
receipt therefor. Upon presentation of said receipt to said
Commissioner of Labor, he shall forthwith issue said cer-
tificate as in this act provided. Said fee shall entitle the
person, firm, corporation or association paying the same, to
any and every inspection of any factory, mill, workshop,
storehouse, wareroom, or store, and the machinery and ap-
pliances contained in any such premises, owned and operated
by the party paying said fee, that may be necessary, for a
period of one year subsequent to its payment; and all moneys
collected for licenses and fines, under the provisions of this
act, shall be paid into the State treasury and be converted
into a special factory inspection fund, from which special
fund shall be paid the Deputy Labor Commissioners required
to enforce the provisions of this act. Said Deputy Labor
Commissioners shall be paid from the special factory inspec-
tion fund, upon the presentation of vouchers properly signed
by the Labor Commissioner in the same manner in which
other employes of the State are paid.
Sec. 8. Any person, firm, corporation or association who
violates or omits to comply with any of the foregoing re-
Annual loo
and
corticate,
T
Salary of
deputy--
how paid.
SESSION LAWS, 1905.
169
+
violations.
quirements or provisions of this act, and such violation or Penalty for
omission shall be the proximate cause of any injury to any
employe, shall be liable in damages to any employe who
sustains injuries by reason thereof: Provided, The amount
of damages which any one person may recover in an action
for or on account of injuries received by reason of any
alleged violation of any of the provisions of this act, is hereby
expressly limited to the sum of seven thousand five hundred
dollars.
Sec. 9. No action for the recovery of compensation for Action
maintenance
injury under this act shall be maintained unless notice of the of.
time, place and cause of injury is given to the employer
within six months, and the action is commenced within one
year, from the occurrence of the accident causing the injury.
The notice required by this section shall be in writing, signed
by the person injured, or by some one in his behalf; but if
from mental or physical incapacity it is impossible for the
person injured to give the notice within the time provided
in this section he may give the same within ninety (90) days
after such incapacity is removed, and in case of his death
without having given the notice because of mental or physical
incapacity, his executor, or administrator may give such
notice within thirty days after his appointment.
Sec. 10. Nothing in this act contained shall prevent any Actions under
person from bringing an action under any other statute or statute.
act or at common law for any personal injuries received by
him; and in that event the certificate provided for herein
shall not be admitted in evidence in such suit or action.
SEC. 11. Any person, firm, corporation or association who
violates or fails to comply with any of the provisions of this
act shall be deemed guilty of a misdemeanor, and upon
conviction thereof shall be punished by a fine of not less Penalty.
than twenty-five dollars nor more than one hundred dollars.
Sec. 12. A copy of this act, together with the name and copy of sot,
to be kept
address of the Commissioner of Labor, printed in a legible posted.
manner, shall be kept posted in a conspicuous place on each
floor of every factory, mill, workshop, storehouse, wareroom
or store, and at the office of every public and private work
to which the provisions of this act are applicable, upon the
same being supplied to the operators, owners, lessee, or
occupants, of such places with sufficient copies thereof by the
Commissioner of Labor.
.
170
SESSION LAWS, 1905.
Sec. 13. That an act entitled "An act providing for the
protection of employes in factories, mills or workshops where
machinery is used, and providing for the punishment of the
violation thereof," approved March 6, 1903, and all acts and
parts of acts in conflict herewith shall be and the same hereby
are repealed.
Passed the House March 1, 1905.
Passed the Senate March 3, 1905.
Approved by the Governor March 6, 1905.
Repoal.
CHAPTER 85.
(8. B. No. 177)
AMUNDING CODE OF PUBLIC INSTRUCTION RELATIVE TO
NORMAL SCHOOLS.
AN ACT amending Sections 216, 220, 221, 222 and 223 of the
Code of Public Instruction, relating to the Normal Schools.
Dution of
board,
Principal
. Librarian.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That section 215 of the Code of Public In-
struction be amended to read as follows: Section 215. Each
board of trustees shall have power, and it shall be its duty:
First. To elect a principal for such period as it may
determine, and to elect such other teachers and assistants
as the necessities of the school may require.
Second. To provide a librarian for the school who shall
have charge of all books, magazines and pamphlets thereof,
under such regulations as may be provided by the law, or by
the by-laws of the Board of Trustees; also to choose a janitor
and such other employes as may become necessary, and for
good and lawful reasons to discharge any or all such teachers
and employes.
Third. To adopt the necessary text books, and to provide
books of reference for the use of students and teachers, and
to provide for the proper care of same.
Fourth. To have charge of the erection of all building:
pertaining to the school, unless otherwise expressly pro
vided, and to have the care and management of all buildings
and other property belonging to the school.
Toxt book.
Building
SESSION LAWS, 1905.
171
a
Fifth. To audit all accounts against the school, and to Accounta.
certify all bills, which may be allowed, to the State Auditor,
who shall draw warrants on the State Treasurer for such
amounts as he shall find to have been properly or legally
allowed.
,
Sixth. To purchase all supplies for the use of the school, Supplies,
to provide a library suited to its wants, to provide for lec-
tures on subjects pertaining to education and the art or
science of teaching, and to do such other things not for-
bidden by law as may become necessary for the good of
the school.
SEC. 2.
That Section 220 of the Code of Public Instruc- Diplomus and
certifcater
tion be amended to read as follows: Section 220. Every what to sbow.
diploma of graduation from a State normal school, or certifi-
cate issued therefrom, shall be signed by the president of
the Board of Trustees and by the principal of the normal
school at which the holder graduated, and by the president
of the State Board of Education; and all diplomas and
certificates shall be stamped with the seal of the State Board
of Education. Every diploma and certificate shall specially
state what course of study the holder has taken, and for
what length of time said diploma or certificate is valid as a
certificate to teach in the schools of this State.
That Section 221 of the Code of Public Instruc-
tion be amended to read as follows: Section 221. No Free tuition.
charge shall be made against any student for tuition in any
of the normal schools contemplated by this act: Provided,
That said student upon entrance into any one of said schools
shall certify upon honor that it is his intention to pursue the
vocation of teaching ; Provided, That any applicant, instead
of signing this obligation, may pay in advance a tuition fee
of ten dollars for each semester. All students shall be
required to furnish satisfactory evidence of good moral Requirements
character, and any student may be suspended or expelled
from any State normal school contemplated by this act, who
is found to be immoral, or who has refused to comply with
its rules and regulations or its government.
SEC. 4. That Section 222 of the Code of Public Instruc-
tion be amended to read as follows: Section 222. The
Couries of
study.
board of higher education shall prescribe courses of study
for the normal schools of the State as follows: (1) An
clementary course of two years; (2) A secondary course
of two years; (3) Advanced courses of two years; (4) A
SEC. 3.
172
SESSION LAWS, 1905.
Qortifcatos.
cortifcatos.
"Normal
school
Diploma
Lito
certidcster
complete course of five years; (5) An advanced course
of one year for graduates from colleges and universities.
Upon the satisfactory completion of any one of these courses
a student shall be awarded an appropriate certificate or
Elomon tary diploma as follows: Upon the completion of the elementary
course, a certificate to be known as an elementary normal
school certificate, which shall authorize the holder to teach
in any elementary school in the State for a period of two
years; upon the completion of the secondary course a certifi-
Bocondary cate to be known as a secondary normal school certificate,
which shall authorize the holder to teach in the common
schools of the State for a period of five years ; upon the
completion of any advanced course, a diploma to be known
as a normal school diploma which shall authorize the holder
to teach in the common schools of the State for a period
of five years; and upon satisfactory evidence of having
taught successfully for two years during the time for which
the diploma was issued shall receive a life certificate issued
by the State Board of Education. Upon the completion of
the work of the junior year any student may be given a
secondary normal school certificate by vote of the faculty:
Provided, That no one shall receive a diploma or secondary
normal school certificate who has not attained the age of
nineteen years, and attended the same State normal school
one full school year of thirty-six weeks: Provided further,
That no one shall receive a secondary normal school certifi-
cate or a normal school diploma who has not given evidence
of ability to teach and govern a school by successful practice
in the training department for a period of not less than
eighteen weeks: Provided, That any of the foregoing
Rovocation of diplomas or certificates may be revoked by the State Board
of Education for incompetency, immorality or unprofessional
conduct. The Board of Higher Education shall also pre-
scribe uniform terms of admission to, and graduation from,
the State normal schools, and shall define the qualifications
for admission to each of the several courses.
Sec. 5. That Section 223 of the Code of Public Instruc-
Proteina
tion be amended to read as follows: Section 223. The
supplies. Board of Trustees may provide out of the funds appropri-
ated for the purpose, such text-books and supplies as are
needful for successfully carrying into effect the courses of
study prescribed. Each student upon admission to the school
may be required to pay into the library fund of the school
cortifcator.
Foo for
library.
8888ION LAWS, 1906.
173
a sum not to exceed ten dollars, one-half of which shall be
applied to the support of the general library and reading
room, and the remaining half shall be kept as indemnity for
loss or damage of books belonging to the school in the hands
of the student, and shall be returned to him after deducting
such amount which may be justly charged for all loss or
damage beyond reasonable wear.
Passed the House February 21, 1905.
Passed the Senate March 1, 1905.
Approved by the Governor March 6, 1905.
CHAPTER 86.
(8. B. No. 219)
AMENDING ACT OF 1891 RELATIVE TO FORCIBLE ENTRY
AND DETAINER.
AN ACT amending Sections 3, 6, 11 and 12 of an act outled,
"Ad act defining forcible entry, forcible detainer and unlawful
detainer of real property, and providing remedies therefor
by summary proceedings," approved March 7, 1891.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That Section 3 of an act entitled, "An act
defining forcible entry, forcible detainer and unlawful de-
tainer of real property, and providing remedies therefor by
summary proceedings," approved March 7, 1891, be amended
to read as follows:
Section 3. A tenant of real property for a term less than
Donnition.
life is guilty of unlawful detainer either (1) when he holds
over or continues in possession, in person or by subtenant,
of the property or any part thereof after the expiration of
the term for which it is let to him. In all cases where real Tormination
ot tonancy.
property is leased for a specified term or period by express
or implied contract, whether written or by parole, the tenancy
shall be terminated without notice at the expiration of such
specified term or period; or (2) when he having leased
real property for an indefinite time, with monthly or other landshold
periodic rent reserved continues in possession thereof, in per-
son or by subtenant, after the end of any such month or
tonancy.
174
SESSION LAWS, 1905.
rant, otc.
Notice
servod.
r
feriod, in cases where the landlord, more than twenty days
prior to the end of such month or period, shall have served
notice (in manner in this act provided), requiring him to
quit the premises at the expiration of such month or period.
(3) When he continues in possession in person or by sub-
Dotsult of
tenant after a default in the payment of any rent, and after
notice in writing requiring in the alternative the payment
of the rent or the surrender of the detained premises, served
(in manner hereafter in this act provided) in behalf of the
person entitled to the rent upon the person owning the same,
shall have remained uncomplied with for the period of three
Where to bo days after service thereof. Such notice may be served at
any time after the rent becomes due; or (4) when he con-
tinues in possession in person or by subtenant after a neglect
or failure to keep or perform any other condition or covenant
of the lease or agreement under which the property is held,
including any covenant not to assign or sub-let, than one for
the payment of rent, and after notice in writing requiring
..in the alternative the performance of such condi-
tion or covenant or the surrender of the property, served (in
the manner provided in this act) upon him, and if there be
a sub-tenant in actual possession of the premises, also upon
such sub-tenant, shall remain uncomplied with for ten days
after service thereof. Within ten days after the service of
such notice the tenant, or any sub-tenant in actual occupa-
tion of the premises, or any mortgagee of the term, or other
person interested in its continuance, may perform such con-
dition or covenant and thereby save the lease from such
Waste upon forfeiture; or (5) when he commits or permits waste upon
the demised premises, or when he sets up or carries on
therein or thereon any unlawful business, or when he erects,
suffers, permits or maintains on or about said premises any
nuisance, and remains in possession after service (in manner
in this act provided) of three days notice to quit upon him.
(6) Any person who shall, without the permission of the
owner and without having any color of title thereto, enter
Tollure to quit upon the land of another and who shall fail or refuse to
remove therefrom after three days notice, in writing, to be
served in the manner provided in this act.
Sec. 2. That Section 5 of said act be amended to read
as follows: Section 5. Any notice provided for in this act
5
shall be served either (1) by delivering a copy personally to
the person entitled thereto; or (2) if he be absent frorn
domisod
promisou.
ponosion.
Notice how
to be served.
SESSION LAWS, 1905.
175
Sub-tenant.
the premises unlawfully held, by leaving there a copy, with
some person of suitable age and discretion, and sending a
copy through the mail addressed to the person entitled
thereto at his place of residence; or (3) if the person to be
notified be a tenant, or an unlawful holder of premises, and
his place of residence is not known, or if a person of suitable
age and discretion there can not be found then by affixing
a copy of the notice in a conspicuous place on the premises
unlawfully held, and also delivering a copy to a person there
residing, if such a person can be found, and also sending a
copy through the mail addressed to the tenant, or unlawful
occupant, at the place where the premises unlawfully held
are situated. Service upon a sub-tenant may be made in
the same manner: Provided, That in cases where the tenant,
or unlawful occupant, shall be conducting a hotel, inn, lodg-
ing house, boarding house, or shall be renting rooms while
still retaining control of the premises as a whole, that the
guests, lodgers, boarders or persons renting such rooms shall
not be considered as sub-tenants within the meaning of this
act, but all such persons may be served by affixing a copy
of the notice to be served on two conspicuous places upon
the premises unlawfully held; and such persons shall not be
necessary parties defendant in an action to recover posses-
sion of said premises. Service of any notice provided for in
this act may be had upon a corporation by delivering a copy Service upon
thereof to any officer, agent or person having charge of the
business of such corporation, at the premises unlawfully
held, and in case no such officer, agent or person can be
found upon such premises, then service may be had by affix-
ing a copy of such notice in a conspicuous place upon said
premises and by sending a copy through the mail addressed
to such corporation at the place where said premises are
situated. Proof of any service under this section may be Proof of
made by the affidavit of the person making the same in
like manner and with like effect as the proof of service of
summons in civil actions.
Sec. 3. That Section 11 of said act be amended to read
as follows: Section 11. The Sheriff shall, upon receiving Dutz,09
the writ of restitution, forthwith serve a copy thereof upon
the defendant, his agent or attorney, or a person in posses-
sion of the premises, and shall not execute the same for
three days thereafter, within which time the defendant, or
those in possession of the premises, may execute to the plain-
corporations.
service
.
176
SESSION LAWS, 1906.
a
bood.
Service of
a
tiff a bond to be filed with and approved by the clerk of the
court in such sum as may be fixed by the judge, with two
or more sureties to be approved by the clerk of said court,
conditioned that they will pay to the plaintiff such sum as
the plaintiff may recover for the use and occupation of the
said premises, or any rent found due, together with all dam-
ages the plaintiff may sustain by reason of the defendant
occupying or keeping possession of said premises, and also
all the costs of the action. The plaintiff, his agent or at-
torneys, shall have notice of the time and place where the
Dolmadapt',
court or judge thereof shall fix the amount of the defend-
ant's bond, and shall have notice and a reasonable oppor-
tunity to examine into the qualification and sufficiency of
the sureties upon said bond before said bond shall be ap-
proved by the clerk. The writ may be served by the sheriff,
in the event he shall be unable to find the defendant, an
agent or attorney, or a person in possession of the demised
premises, by affixing a copy of said writ in a conspicuous
place upon the demised premises.
Sec. 4. That Section 12 of said act be amended to
Application
read as follows: Section 12. The plaintiff or defendant
at any time, upon two days' notice to the adverse party, may
apply to the court or any judge thereof for an order raising
or lowering the amount of any bond in this act provided for.
Either party may, upon like notice, apply to the court or
any judge thereof for an order requiring additional or other
surety or sureties upon any such bond. Upon the hearing
or any application made under the provisions of this section
evidence may be given. The judge after hearing any such
application shall make such an order as shall be just in the
Bondemen to premises. The bondsmen may be required to be present at
such hearing if so required in the notice thereof, and shall
answer under oath all questions that may be asked then
touching their qualifications as bondsmen, and in the event the
bondsmen shall fail or refuse to appear at such hearing and
so answer such questions the bond shall be stricken. In the
event the court shall order a new or additional bond to
be furnished by defendant, and the same shall not be given
within twenty-four hours, the court shall order the sheriff
to forthwith execute the writ. In the event the defendant
shall file a second or additional bond and it shall also be
found insufficient after hearing, as above provided, the right
for court,
ordor.
tridonco.
bo prosent
1
SESSION LAWS, 1905.
177
to retain the premises by bond shall be lost and the sheriff
shall forthwith "put the plaintiff in possession of the Ponosion.
'
premises.
Passed the House February 14, 1905.
Passed the Senate February 28, 1905.
Approved by the Governor March 6, 1905.
CHAPTER 87.
(H. B. No. 262)
AMENDING ACT OF 1895 FOR CREATION OF DIKING
DISTRICTS.
AN ACT to amend Sections three and twedty-seven of an act
entitled, “Ap act to provide for the establishment and creation
of Diking Districts and the construction and maintenance of a
system of dikes, and to provide the means of payment thereof,
and declaring an emergency," approved March 20, 1895.
Be it enacted by the Legislature of the State of Washington:
Section 1. That section three of an act of the Legisla-
ture approved March 20, 1895, entitled "An act to provide for
the establishment and creation of diking districts and the
construction and maintenance of a system of dikes, and to
provide the means of payment thereof, and declaring an
emergency," be and the same is hereby amended to read as
follows: Section 3. Said petition shall be presented at a Petition.
regular or special meeting of the board of county commis-
sioners of said county, and shall be published for at least
two weeks in two successive issues of some weekly news-
paper printed and published in said county, and in case no
such newspaper be printed or published in such county,
then in some such newspaper of general circulation therein,
before the time at which the same is to be presented, to-
gether with a notice stating the time of the meeting at which
the same shall be presented. When such petition is pre-
sented for hearing, the board of county commissioners
shall hear the same, or may adjourn said hearing from
time to time, not exceeding one month in all; and any person
or corporation may appear before said board of county
9
178
SESSION LAWS, 1906.
Boundaries.
commissioners and make objections to the establishment of
said district, or the proposed boundary lines thereof, and
upon a final hearing, said board of county commissioners
shall make such changes in the proposed boundaries as they
deem to be proper, and shall establish and define such
boundaries, and shall ascertain and determine the number
of acres of land that will be benefited by said proposed
system of dikes, the number of freeholders residing within
said boundaries of the said proposed district, and shall find
whether the proposed diking system will be conducive to
the public health, welfare and convenience, increase the
public revenue, and be of special benefit to the majority
of the land included within the said boundaries of said
proposed district so established by said board of county
commissioners: Provided, That no changes shall be made
by said board of county commissioners in said boundary
lines to include any territory outside of the boundaries
described in said petition; Provided further, That any per-
son or persons owning land within the proposed boundaries
and who did not sign said petition, or any person, persons,
or corporations owning land not included within the pro-
posed boundaries, may file a petition with the board of
county commissioners asking that the proposed boundaries
be extended to include other lands described therein; setting
forth in said petition the reason therefor; but no person,
persons, or corporations not owning lands included within
the boundaries, as originally petitioned for, shall have the
right to file such petition unless they ask therein to have
their own lands included within the proposed boundaries :
Provided, Any corporation owning land included within the
boundaries described in the original petition, may also peti-
Extension of tion the board of county commissioners for an extension
of the proposed boundaries: Provided further, That the
boundaries of any diking district heretofore or hereafter
established may be extended by the board of county com-
missioners to include other lands in said county, upon
petition signed by the owners of a majority of the acreage
of said land within the proposed extension; which said
petition for extension shall set forth and contain, with
reference to the extension, such matters and things and data
so far as applicable, as is provided for in the petition required
for presentation to the board of county commissioners for
the purpose of the formation of the original diking district;
.
SESSION LAWS, 1906.
179
how .
Provided further, That all necessary expense incident to Expensera
making such extension, together with a proportionate share
of the first cost of any system of dikes existing in the original
diking district at the time of making such extension, shall
be levied against and apportioned to the land included in
such extension, as in this act provided. In such case, the
board of county commissioners shall give like notice as
provided for in this section of the hearing of the original
petition, and the final hearing thereof may, in such case, be
continued from time to time, for a period of not exceeding
sixty days; and if, upon final hearing, the board of county
commissioners deem it advisable and to the best interests
of all concerned, they may grant the prayer of said petitioners
in whole or in part, and said board of county commissioners
of such county shall enter an order on the records of their
office setting forth all facts found by them upon the final
hearing of said petition, and which may be adduced by them
from the evidence heard upon the final hearing thereof.
SEC. 2. That section twenty-seven of said act be and the
same is hereby amended to read as follows: Section 27. The
board of commissioners of any diking district organized un-
der the provisions of this act shall, on or before the first day
of November, of each year, make an estimate of the cost of Estimates of
maintenance of the diking system in such district, which
estimate shall include the costs of making any necessary
repairs that it might become necessary to make in the main-
tenance of such system. Such estimate shall be for the suc-
ceeding year, and the amount so estimated shall be certified
by the board of.....
commissioners to the auditor of
the county in which such district is located, on or before said
date, and the amount thereof shall be levied against and
apportioned to the land in such district benefited by said
improvement, in proportion to the maximum benefit origi-
nally assessed, and such amount shall be added to the general
taxes against said lands, and collected therewith.
Passed the House February 20, 1905.
Passed the Senate March 1, 1905.
Approved by the Governor March 6, 1905.
Maintenanco.
180
SESSION LAWS, 1906.
CHAPTER 88.
(H. Sub. B. No. 38)
RELATIVE TO USE OF STATE WATERS FOR IRRIGATION
PURPOSES.
AN ACT relating to the appropriation of waters of the State for
irrigation purposes, granting to the United States the right
to exercise the power of eminent domain in acquiring lands,
water and other property for rights of way, and for reservoirs
and other irrigation works, granting to the United States
certain rights in State lands and in the waters of the State,
relating to water users' Associations, and declaring an
emergency.
Eminent
domain
Tinted
Ünited .
Be it enacted by the Legislature of the State of Washington:
SECTION 1. The United States is hereby granted the
right to exercise the power of eminent domain to acquire the
Emneorettes right to the use of any water, to acquire or extinguish any
rights, and to acquire any lands or other property, for the
construction, operation, repairs to, maintenance or control
of any plant or system of works for the storage, conveyance,
or use of water for irrigation purposes, and whether such
water, rights, lands or other property so to be acquired
belong to any private party, association, corporation or to
the State of Washington, or any municipality thereof; and
such power of eminent domain shall be exercised under and
by the same procedure as now is or may be hereafter pro-
vided by the law of this State for the exercise of the right
of eminent domain by ordinary railroad corporations, except
that the United States may exercise such right in the proper
court of the United States as well as the proper state court.
SEC. 2. The United States shall have the right to turn
United States into any natural or artificial water course, any water that
it may have acquired the right to store, divert, or store and
divert, and may again divert and reclaim said waters from
said water course for irrigation purposes subject to existing
rights.
SEC. 3. Whenever the Secretary of the Interior of the
United States, or any officer of the United States duly
authorized, shall notify the commissioner of public lands
of this State that pursuant to the provisions of the act of
Rights of
SESSION LAWS, 1906.
181
from appro.
Ono year.
claims.
Congress approved June 17, 1902, entitled, “An act appro-
priating the receipts from the sale and disposal of public
lands in certain states and territories to the construction
of irrigation works for the reclamation of arid lands," or
any amendment of said act or substitute therefor, the United
States intends to make examinations or surveys for the
utilization of certain specified waters, the waters so described
shall not thereafter be subject to appropriation under any Exemption
law of this State for a period of one year from and after priation for
the date of the receipt of such notice by such commissioner
of public lands; but such notice shall not in any wise affect
the appropriation of any water theretofore in good faith
initiated under any law of this State, but such appropriation
may be completed in accordance with the law in the same
manner and to the same extent as though such notice had
not been given. No adverse claim to any of such waters Adverse
initiated subsequent to the receipt by the commissioner of
public lands of such notice shall be recognized, under the
laws of this State, except as to such amount of the waters
described in such notice or certificate hereinafter provided
as may be formally released in writing by a duly authorized
officer of the United States. If the said Secretary of the
Interior or other duly authorized officer of the United States
shall, before the expiration of said period of one year, certify
in writing to the said commissioner of public lands that
the project contemplated in such notice appears to be feasible
and that the investigation will be made in detail, the waters
specified in such notice shall not be subject to appropriation
Further
under any law of this State for the further period of three
exemption
years following the date of receipt of such certificate, and for 8 years.
such further time as the commissioner of public lands may
grant, upon application of the United States or some one
of its authorized officers and notice thereof first published
once in each week for four consecutive weeks in a newspaper
published in the county where the works for the utilization
of such waters are to be constructed, and if such works are
to be in or extend into two or more counties, then for the
same period in a newspaper in each of such counties: Pro-
vided. That in case such certificate shall not be filed with
said commissioner of public lands within the period of
one year herein limited therefor the waters specified in
such notice shall, after the expiration of said period of one
year, become unaffected by such notice and subject to ap-
S
.
182
SESSION LAWS, 1905.
Provision as
to failure to
construct
worke.
propriation as they would have been had such notice never
been given: And provided further, That in case such
certificate be filed within said one year and the United
States does not authorize the construction of works for the
utilization of such waters within said three years after the
filing of said certificate, then the waters specified in such
notice and certificate shall, after the expiration of said last
named period of three years, become unaffected by such
notice or certificate and subject to appropriation as they
would have been had such notice never been given and such
certificate never filed.
Sec. 4. Whenever said Secretary of the Interior or other
duly authorized officer of the United States shall cause to
construction. be let a contract for the construction of any irrigation works,
.
or any works for the storage of water for use in irrigation,
or any portion or section thereof, for which the withdrawal
has been effected as provided in section 3 of this act, any
authorized officer of the United States, either in the name
of the United States or in such name as may be determined
by the Secretary of the Interior, may appropriate, in behalf
of the United States, so much of the unappropriated waters
of the State as may be required for the project, such ap-
propriation to be made, maintained and perfected in the
same manner and to the same extent as though such ap-
propriation had been made by a private person, corporation
or association, except as to the time for the initiation, prose-
cution and completion of the necessary works for the utiliza-
tion of the waters so appropriated; which time shall be
controlled by the provisions of section 3 of this act. Such
appropriation by or on behalf of the United States shall
inure to the United States, and its successors in interest, in
the same manner and to the same extent as though said
appropriation had been made by a private person, corporation
Title to put or association. The title to the beds and shores of any
navigable lake or stream utilized by the construction of any
reservoir or other irrigation works created or constructed
as a part of such appropriation herein before in this section
provided for, shall vest in the United States to the extent
necessary for the maintenance, operation and control of
such reservoir or other irrigation works.
Sec. 5. When the notice provided for in section 3 of
this act shall be given to the commissioner of public lands
the proper officers of the United States may file with the
in United
States,
SESSION LAWS, 1905.
183
lando-
.
,
said commissioner a list of lands (including in the ter:n List of
"lands” as here used, the beds and shores of any lake, river, where Sled.
stream, or other waters) owned by the State, over or upon
which the United States may require rights-of-way for
canals, ditches or laterals or sites for reservoirs and struc-
tures therefor or appurtenant thereto, or such additional
rights-of-way and quantity of land as may be required for
the operation and maintenance of the completed works for the
irrigation project contemplated in such notice, and the filing
of such list shall constitute a reservation from the sale or
other disposal by the State of such lands so described, which
reservation shall, upon the completion of such works and
upon the United States by its proper officers filing with the
commissioner of public lands of the State a description
of such lands by metes and bounds or other definite descrip-
tion, ripen into a grant from the State to the United States.
The State, in the disposal of lands granted from the United
States to the State, shall reserve for the United States rights-Rights.ofiway
of-way for ditches, canals, laterals, telephone and transmis- reserved.
sion lines which may be required by the United States for
the construction, operation and maintenance of irrigation
works.
Sec. 6. After the receipt by the commissioner of public
lands of the notice from the Secretary of the Interior or
other officer of the United States provided for in section 3 Rostricted
of this act, no lands belonging to the State, susceptible of
irrigation and within the area to be irrigated from the works
projected by the United States and specified in such notice
shall be sold except in conformity to the classification of farm
units by the United States, and the title to such lands shall Title.
not pass from the State until the applicant therefor shall
have fully complied with the provisions of the laws of the
United States and the regulations thereunder concerning the
acquisition of the right to use water from such works and
shall produce the evidence thereof duly issued : Provided,
That the restrictions upon the sale or other disposal by the
State of any state lands provided for in this section shall
continue for the same periods, respectively, and upon the
same conditions, as specified in section 3 of this act for
the withdrawal of waters from appropriation : And provided
further, That in case the authorization by the United States
for the construction of irrigation works pursuant to section
3 of this act shall be made within the period of three years
nle
187
SESSION LAWS, 1906.
from tax-
Lanual leo.
specified therefor in said section, then the restrictions upon
and conditions prescribed for the sale or other disposal of
said lands in this section shall continue so long as any such
lands shall remain unsold or not disposed of.
Esomptions Sec. 7. That any water users' association which is or-
ganized in conformity with the requirements of the United
States under said act of Congress, and which under its
articles of incorporation is authorized to furnish water only
to its stockholders, shall be exempt from the payment of
any incorporation tax, and from the payment of any annual
franchise tax; but shall be required to pay, as preliminary
to its incorporation, only a fee of twenty dollars for the
filing and recording of its articles of incorporation and the
issuance of certificate of incorporation.
Sec. 8. It shall be the duty of the county auditor to
provide rocord provide record books containing printed forms of the articles
of incorporation and stock subscriptions to the stock of
water users' associations organized in conformity with the
requirements of the United States under said act of Congress,
and to use such books for recording stock subscriptions of
such associations; and the charges for the recording thereof
shall be made on the basis of the number of words actually
written therein and not for the printed form.
Emergency.
Sec. 9. An emergency exists and this act shall take
effect immediately.
Passed the House February 28, 1905.
Passed the Senate March 1, 1905.
Approved by the Governor March 4, 1905.
County
auditor to
and stock
bootı.
SESSION LAWS, 1906.
185
CHAPTER 89.
(8. B. No. 177)
CREATING THE COUNTY OF BENTON. .
AN ACT to create the County of Benton, subject to the require-
ments of the State Constitution and Statutes in respect to the
establishment of new counties.
Yakims and
counties.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. All those portions of the Counties of Yakima
and Klickitat described as follows, to-wit: Beginning at the Description-
point of intersection of the middle of the main channel of kilekiuat
the Columbia river with the township line between township
thirteen, north range twenty-three east, and township thir-
teen, north range twenty-four east, Willamette Meridian;
thence running south along the township lines, being the
line between range twenty-three east and range twenty-four
east to the line between Yakima County and Klickitat Coun-
ty; thence south along the township lines along the line
between ranges twenty-three east and twenty-four east, to
the point of intersection with the middle of the main channel
of the Columbia river, or to its intersection with the lines
between the States of Washington and Oregon; thence north-
casterly, northerly and northwesterly and westerly along the
middle of the main channel of the Columbia river and up
said stream, following the line between Klickitat County
and the State of Oregon, and the County of Walla Walla
and the line between Yakima County and Walla Walla
County, Franklin County and Douglas County, to the places
of beginning, shall be and hereby is created and established
as the County of Benton: Provided, however, That said
Benton County is hereby created as aforesaid, subject to the
requirements of the constitution of the State of Washington
in respect to the establishment of new counties, and subject
to an ascertainment of the fact of such compliance as herein-
after provided, and that the creation of said Benton County
hereby shall not become operative to establish said county
until such compliance shall have been so had and the fact
of such compliance so ascertained.
SEC. 2. At any time within three months after this act
186
SESSION LAWS, 1906.
bond.
Governor to
transmit poti.
county.
shall take effect, any qualified voter living in any portion of
Yakima or Klickitat Counties embraced within the boundaries
of Benton County as hereinbefore defined, may present to
Petition and the Governor of the State of Washington, a petition ad-
dressed to said Governor in substance, that the signers of
such petition are a majority of the voters living in the por-
tions of Klickitat and Yakima Counties embraced within the
boundaries of Benton County as defined within this act, and
praying that in case it shall be found that the constitu-
tional provisions relating to the creation of new counties
have been complied with, that the County of Benton shall
be deemed fully established: Provided, That said petition
shall be accompanied by a good and sufficient bond to the
superior judge to whom said petition shall be transmitted
by the Governor to be approved by said superior judge,
in the sum of $1000.00 to cover costs of proceedings under
this act, and in case the said county shall not be established.
Sec. 3. The Governor shall forthwith transmit said peti-
tion to judge tion to the superior judge of Yakima County and the said
superior judge shall within thirty days thereafter examine
said petition and ascertain whether said petition bears the
signature of persons living within the territory of Benton
County and entitled to vote therein, in number cqual to a
majority of the votes cast by voters living within said ter-
ritory at the last preceding general election, as nearly as the
number of such voters voting at such preceding election
can be ascertained ; if the judge finds the petition sufficiently
signed, then the said judge shall ascertain to his satisfaction,
upon evidence received in open court, that the striking there-
from of the territory proposed to be set over into Benton
County will not reduce the remaining population of said
Yakima County or Klickitat County or either of them re-
spectively to a population of less than four thousand, and that
such territory so proposed to be set over contains a population
of two thousand or more: Provided, however, That the judge
may in his discretion appoint an elector or electors who
shall be a free holder, residing within the territory of Benton
County, to take a special enumeration of the population of
the Counties of Yakima and Klickitat or of any part thereof
which he may desire so that it will show separately the
number of the population living in such portion thereof
within the boundaries of Benton County, and living in the
rest of said Counties of Yakima and Klickitat. It shall be
a
Census of
Dow county.
SESSION LAWS, 1905.
187
Aled with
the duty of the person or persons so appointed to qualify
by filing with such court an oath that he will take such
enumeration truly and impartially, and therefrom he or they
shall take such enumeration and return the same verified by
his affidavit to the effect that he believes the same to be a
true and correct enumeration of such county, or as the case
may be, of the portions of such county as to which the same
relates, in such court, and to file the same in such court with-
in one month after such enumeration has been completed.
SEC. 4. If it shall be shown to the satisfaction of such
judge of the superior court of Yakima County that there
are two thousand or more inhabitants within the boundaries
herein set forth for the County of Benton, and that there
shall remain four thousand or more inhabitants in the re-
maining portion of Yakima and Klickitat Counties respec-
tively, thereupon he shall make a decree setting forth the Decree.
fact that the provisions of the Constitution of the State of Governor and
Secretary of
Washington have been complied with. Upon the filing of State.
such decree it shall be the duty of the clerk of such court
to make and transmit to the board of county commissioners
of Yakima and Klickitat Counties respectively, a certified
copy thereof, and also a certified copy thereof to the Gov-
,
ernor of the State, and to the Secretary of State.
SEC. 5. Immediately upon receipt of said certified copy Governor's
proclamation.
of the decree of the superior court of Yakima county, the
Governor shall make a proclamation declaring the County
of Benton fully established.
Sec. 6. The County of Benton shall assume and pay Assumption of
to the Counties of Yakima and Klickitat respectively, its bonded debe
proportion of the bonded and warrant indebtedness of each
of said counties respectively, in the proportions that
assessed valuation of that part of Benton County lying
within the present boundaries of Yakima and Klickitat
Counties respectively, bears to the assessed valuation of the
whole of Yakima and Klickitat Counties respectively. The
adjustment of said indebtedness shall be based upon the
assessment for the year 1904: Provided, That in the ac-
counting between the said counties neither county shall be
charged with any debt or liability incurred in the purchase
of any county property or the purchase of any county
building which shall fall within and be retained by the other
county.
share of
how based.
188
SESSION LAWS, 1906.
County sent
at Prosser.
Twenty-second
clan.
Fint board of
county com
onth and
Sec. 7. The county seat of said Benton County is hereby
located at the town of Prosser, and shall there remain until
the same shall be removed in accordance with the provisions
of law.
Sec. 8. Until otherwise classified said County of Benton
is hereby designated as belonging to the twenty-second class.
SEC. 9. Carl A. Jenson, W. P. Simms and J. W. Carey,
missioners, all being residents within the herein proposed County of
Benton, shall be the first board of county commissioners of
qualifcations
said Benton County, and they shall hold office until the second
Monday in January, 1907, and until their successors are
elected and qualified, and shall meet at the county seat of
said Benton County within thirty days from the date of
the Governor's said proclamation, as hereinbefore provided,
and shall qualify as such county commissioners by filing
their oath of office with the judge of the superior court,
who shall approve their bond in the manner provided by
law; Provided, however, That if any of the above named
commissioners shall fail to qualify within the time specified,
then the Governor shall appoint a bona fide resident and
qualified elector of said Benton County to fill the vacancy.
SEC. 10. Such commissioners shall divide their county
into precincts, townships and districts, as provided for by
the laws then existing, making only such changes as are
rendered necessary by the altered condition of the boundaries
occasioned by the segregation from the original countics.
Odcors, in old Sec. II. In all townships, precincts, school and road
rotain ofice. districts which retain their old boundaries the officers thereof
shall retain their respective offices in and for such new
county until their respective terms of office expire, or until
their successors are elected and qualified, and shall give
bonds to Benton County of the same amount and in the same
manner as had previously been given to the original county.
SEC. 12. Except as provided in the preceding section
such commissioners shall be authorized and required to ap-
point all of the county officers of the county organized under
the provisions of this act and of which they are commis-
sioners, and the officers thus appointed shall commence to
hold their office immediately upon their appointment and
qualification according to law and shall hold their offices
until the second Monday of January, 1907, or until their
successors are elected and qualified.
Division of
county.
boundaries to
Commissioners
to appoint
county
odcers.
SESSION LAWS, 1905.
189
Division of
,
sioners'
districts,
16tb sepator-
tive district.
Sec. 13. Until otherwise provided by law, said Benton Judicial
County shall be and hereby is attached to the district com-
posed of Yakima, Kittitas and Franklin Counties, for judicial
purposes.
Sec. 14. The board of county commissioners at a regu-county into
lar meeting held within one year from the time when they commit
shall qualify as commissioners of the County of Benton,
by an order duly entered in the minutes of their proceedings.
shall divide Benton County into three commissioner's di.-
tricts in the manner provided by law, and shall designato
the boundaries thereof, and at the next general election in,
said county there shall be elected three commissioners, onc
from each of said districts; the commissioner for district
number one to be elected for four years and the commis-
sioner for districts number two and three for two years.
SEC. 15. For the purpose of representation in the Legis- 10th sen
lature until otherwise provided by law, the County of Benton presente i
shall be included in the fifteenth senatorial district and shall
constitute the 58th representative district, and entitled to
one representative.
Sec. 16. Until the County of Benton is organized by present
the appointment and qualification of its officers, the juris-
diction of the present officers of Yakima and Klickitat Coun-
ties respectively, shall remain in full force and effect in those
portions of the territory constituting the said County of
Benton, lying within the boundaries of said Yakima and
Klickitat Counties respectively.
Sec. 17. Within such time as they shall be transcribed Certifications
by auditors of
after the Governor's proclamation, as hereinbefore provided, Ktkimus and
the county auditors of Yakima and Klickitat Counties, re-counties
.
spectively, shall certify from the records of said counties
respectively all records and all papers and documents on file
in any wise affecting the title to any estate or property, real
or personal, situated within the County of Benton, and the
county commissioners of Benton County shall provide, at
the expense of the county, proper and suitable record books
to which such records shall be so transcribed and shall
transcribe said records as hereinafter provided, in legible
writing, and said record books and papers shall be delivered
to the auditor of Benton County, and said records and docu-
ments so transcribed shall be accepted and received as evi-
dence in all courts and places as if the same had been
Jurisdiction
of
olicore.
Klickitat
190
SESSION LAWS, 1906.
actions and
criminal.
Triestor of
record
when.
originally recorded or filed in the office of the auditor of
Benton County.
Popding
SEC. 18. All actions and proceedings which shall be
proceedings— pending in the superior courts of Yakima and Klickitat
Counties at the time of the Governor's proclamation herein-
before referred to, affecting the title or possession of real
estate in Benton County, or in which one or all the parties
are residents of Benton County shall be transferred to the
superior court of Benton County, and all further proceedings
had therein shall be in Benton County, the same as if origi-
nally commenced in that county. All other proceedings,
civil or criminal now pending in the superior courts of
Yakima and Klickitat Counties shall be prosecuted to termi-
nation thereof in the superior courts of Yakima and Klickitat
Counties respectively.
Sec. 19. All pleadings, process, documents and files, in
the offices of the county clerks of Yakima and Klickitat
Counties affecting pending suits and proceedings to be trans-
ferred as provided in the preceding section of this act, shall
be transferred and all records therein transcribed as herein-
after provided and certified by the county clerks of Yakima
and Klickitat Counties respectively, and transmitted to the
county clerk of Benton County, after said clerk shall have
entered upon the duties of said office.
Transcripts SEC. 20. All records, papers and documents of record or
on file in the office of the county clerks, county auditors
and all other officers of Yakima and Klickitat Counties re-
spectively, in anywise affecting the title or possession oi real
estate or other property in Benton County, and required to
be transcribed shall be transcribed and transmitted to the
county clerk, county auditor or other officer of Benton
County by such person or persons as may be employed by
the County of Benton for such purpose under the certificates
of the county clerks, county auditors and other officers of
Yakima and Klickitat Counties respectively, and said records
and documents when so transcribed and transferred, shall be
received as evidence in all courts and places as if originally
recorded or filed, as the case may be, in the County of Benton.
SEC. 21. All records of Yakima and Klickitat Counties
Sec
ing-by required by this act to be transcribed shall be transcribed by
a person or persons to be employed by the board of county
commissioners of Benton County, as follows, to-wit: Said
transcribing shall be done by a person or persons under con-
of titled
transfer of.
Transcrib
whom dono.
SESSION LAWS, 1905.
191
tract who shall receive said contract after bids for said work
shall have been advertised and the contract given to the
best bidder; all records so transcribed shall be certified by
the officer of the respective office from which said record
shall be transcribed, under the seal of his office, in the manner
following, to-wit: Each book of transcribed records shall
be certified to be a correct transcript of the records of
Yakima or Klickitat Counties, as the case may be, contained
therein, described in the certificate the office in Yakima Certided
or Klickitat County from which the same are transcribed and
each officer so certifying shall finally certify to the com-
pleteness of all records so transcribed from his office.
Passed the Senate February 20, 1905.
Passed the House March 1, 1905.
Approved by the Governor March 8, 1905.
ruords.
CHAPTER 90.
(8. B. No. 184)
APPROPRIATION FOR MAINTENANCE OF BOARD OF CON.
TROL AND THE STATE INSTITUTIONS UNDER THEIR
SUPERVISION,
AN ACT making appropriations for the salaries and expenses of
the State Board of Control and for the maintenance and
sundry expenses of the various state penal, reformatory and
charitable institutions for the fiscal term begloning April 1,
1905, and ending March 31, 1907.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. The following sums, or so much thereof as For Bacal
term to April
shall severally be found necessary, are hereby appropriated 1, 1907.
out of any moneys in the State treasury, not otherwise appro-
priated, for the salaries and expenses of the State Board of
Control and for the maintenance and sundry expenses of the
State penal, reformatory and charitable institutions for the
fiscal term beginning April 1, 1905, and ending March 31,
1907 :
192
SESSION LAWS, 1906.
FROY THE GENERAL FUND.
FOR WESTERN WASBINGTON BOSPITAL POR INSANE.
For maintenance at 86% 0 par day per capita.
Building fund
Increasing capacity of heating system
Repairs and improvements..
Repain to tollets and bath rooms.
Furniture and carpets.
Library fond
Transportation fund
$280,000.00
101,000.00
2,000.00
6,000.00
6,000.00
4,000.00
200.00
1,000.00
Total.....
$348,200.00
FOR EASTERN WASHINGTON HOSPITAL POR INSANE,
For maintenance at 424c per day per capita...
Building func
Repair and improvements.
Furniture and carpeti.
Library fund
Improvement of grounds
Transportation fund
$147,000.00
55,000.00
2,500.00
2,500.00
200.00
1,000.00
800.00
Total..
$208,700.00
FOR STATE PENITENTIARI.
For maintenance at 82% per day per caplta. .
Building and increuslog cell room.
Repairs and improvements
Library food
$190,000.00
20,000.00
8,000.00
200.00
Total..
$218,200.00
FOR STATE RETURY SCHOOL.
For malntenance at 35c per day per capita.
Repairs and improvements.
Manual tralolog
Library fund
For Chaplain's salary for ensolog two yean.
. $ 45,000.00
6,000.00
1,000.00
200.00
2,400.00
Total...
$68,800.00
FOR STATE SOLDIERS' HOxi.
For toalatenance at 00c per day per capita.
$ 45,000.00
Hospital bulldlag and guard house....
10,000.00
Repairs and improvements (to loclude completion of dormi-
tory)
6,000.00
Furniture and carpets, kitchen utensils and disbe.
1,500.00
Increasing capacity of beat and light plant...
6,000.00
Library fund
200.00
Total..
$66,700.00
FOR STATE SCHOOL rox DETECTIVE Yours,
For malotenance at B0c per day per capita.
Repain and improvements.
Library fund
For gymnasium
$ 48,000.00
8,000.00
200.00
800.00
Total....
$48,800.00
SESSION LAWS, 1906.
193
FOR STATE INSTITUTION FOR FREBLJ MIXDED.
Por maintenance
$85,000.00
FOR STATE BOARD OF CONTROL.
.
Salary State Board of Control ($2,000 per year each). $12,000.00
Traveling expenses Board of Control ($500 per year each). 3,000.00
Incidental oxpensos Board of Control ($500 per year)..
1,000.00
Salary Secretary to Board of Control ; Salary Clerk to Board of
Control
4,000.00
Total...
$20,000.00
FROY REVOLVING FUND, STATI PENITENTIABY.
For the operation of the Jute Mill and Brick Yard at the
State Penitentiary for two years..
.$180,000.00
INCIDENTALS TROY THE GENERAL FOND.
For the construction of a bridgo across Modical Lako..
For right of way for water pipe.
For right-of-way for roud...
For furnlabing coding for borlal of deceased veterans from
March 12, 1901, to April 1, 1908.
500.00
200.00
200.00
+
282.0.2
Total....
1,182.95
SEC. 2. The State Auditor is hereby authorized to audit
.
all claims and, if found correct, to issue warrants upon the
State Treasurer in payment of bills duly approved by the
State Board of Control, and the State Treasurer is hereby
directed to pay the same.
Passed the Senate February 17, 1905.
Passed the House March 1, 1905.
Approved by the Governor March 8, 1905.
1
10
194
SESSION LAWS, 1906.
CHAPTER 91.
(8. Sub. B. No. 180)
PROHIBITING LIVE STOCK FROM RUNNING AT LARGE.
AN ACT to prohibit all live stock from running at large in any
County and portion of the County in the State of Washington
in which three-fourths of the lands therein are under fence,
except in certain cases, and providing & penalty for the en.
forcement of the act.
All live stook
included.
district..
Be it enacted by the Legislature of the State of Washington:
SECTION 1. It shall be unlawful for any kind or character
of live tock to run at large in any county in this State in
which three-fourths of the lands, outside of the incorporated
cities and towns are under fence, or any portion of such
county three-fourths of which portion is under fence, when
such portion is separated from the balance of said county
by any natural barrier such as a river, range of hills or other
Grazing
sufficient barrier: Provided, That where more than one-
fourth of any district is used for grazing of cattle or horses
on the public domain or on unfenced lands, such district shall
be excluded from the operation of this act, notwithstanding
the fact that said county may come within its provisions,
and the county commissioners shall designate such town-
ships or parts of townships which shall be excluded from the
provisions of this act: Provided further, That an area or
district of less than one township shall not be considered
for this purpose.
Duty of
SEC. 2. It shall be the duty of the board of county com-
missioners of the respective counties of this State when ten
or more freeholders shall make application for the enforce-
ment of this act to at once determine whether or not three-
fourths of the lands, outside of the incorporated cities and
towns, in such county is under fence, or whether three-
fourths of any portion of any county separated from the
balance of said county by natural barrier, is under fence.
SEC. 3. That the board of county commissioners, in
under fence. arriving at the per centum of lands in such county or portion
of county under fence, shall be governed by the records in
the office of the county assessor of such county showing
county oom.
missioners,
as to aros.
Per centum
of land
SESSION LAWS, 1906.
195
WIOSIOr.
the amount of lands under fence, which shall be conclusive
and binding upon all residents and freeholders in such
county.
SEC. 4. It shall be the duty of the county assessor of County
each county in this State, at the time of making the assess-
ment in each year to make a list of the lands in his county,
outside of the incorporated cities and towns, under fence,
and file a certified copy of such list each year at the con-
clusion of the assessment, with the board of county com-
missioners, showing the aggregate number of acres of land
under fence and not under fence.
Sec. 5. It shall be the duty of the board of county com-
missioners, on receipt of a certified copy of such list of
the lands, outside of the incorporated cities and towns, under
fence and not under fence, from the county assessor, to at
once determine whether or not a sufficient per centum of the
lands in such county or portion of county as provided
herein, is under fence, to bring said county or portion of
said county within the provisions of this act, and if it is
found that three-fourths of the lands of said county or por-
tion of said county, outside of the incorporated cities and
towns, is under fence, it shall be the duty of the board of
county commissioners to make such entry in the records of
their office and publish notice thereof for at least four suc-
cessive weeks in the official paper in such county, setting
forth the fact that three-fourths of the lands in such county
or portion of county, outside of the incorporated cities and
towns, is under fence, and that livestock found running at
large in such county or portion of county on and after
thirty days from the first publication of said notice shall be
treated as estrays, and estrays in any county in which at Treated :
least three-fourths of the area, outside of the cities and towns Estrays).
therein, shall be under enclosure or fence may be taken up
at any time in the year.
Sec. 6. Any owner who permits his livestock to run at Violation and
penalty.
large contrary to the provisions of this act shall be deemed
guilty of a misdemeanor and upon conviction thereof shall
be fined in any sum not less than twenty-five dollars nor more
than one hundred dollars for each offense, and it shall be the
duty of the prosecuting attorney in such county, when it has
been determined by the board of county commissioners
under the provisions of this act that three-fourths of the
lands in such county or portion of county is under fence,
ostrzyı (500
196
SESSION LAWS, 1906.
on complaint of any freeholder or resident of such county
to forthwith prosecute the owner of such stock found run-
ning at large for such misdemeanor.
Passed the House February 20, 1905.
Passed the Senate March 1, 1905.
Approved by the Governor March 8, 1905.
CHAPTER 92.
(8. B. No. 157)
AMENDING ACT RELATIVE TO MANUFACTURE AND SALE
OF DAIRY PRODUCTS.
AN ACT relating to the sale and manufacture of dairy products,
amending Section Dine, and amending said act by adding
Sections thirty-three, thirty-four, thirty-five, thirty-six, thirty.
seven, thirty-eight, thirty-nine, forty and forty-one of an act
entitled, "An act regulating the manufacture of dairy products.
to prevent deception or fraud in the sale of the same, or imita-
tion thereof, providing for the appointment of a Dairy Com-
missioner and defining his duties, creating a State Board of
Dairy Commissioners and defining their duties, imposing cer.
tain duties upon a chemist of State institutions, providing
penalties for violation of this law, making an appropriation."
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That section nine of an act entitled "An act
regulating the manufacture of dairy products, prevent decep-
tion or fraud in the sale of the same, or imitation thereof,
providing for the appointment of a Dairy Commissioner and
defining his duties, imposing certain duties upon a Chemist
of State institutions, providing penalties for violation of this
law, making an appropriation," approved March 7, 1899, be
and the same is hereby amended to read as follows: Section
9. Said Dairy Commissioner may appoint one or more depu-
ties whenever he is unable to perform all the duties of his
office without assistance. They shall hold office at the pleasure
of the Dairy Commissioner who may summarily remove any
such deputy whenever in his judgment the public service
calls for such removal.
Deputies
torta ni.
SESSION LAWS, 1905.
197
and cream and
.
Sec. 2. That section thirty-three be added to said act Cancellation
which shall read as follows: Section 33. The Commissioner brando.
is hereby authorized and directed to cancel all State brands
issued to creameries where the butter manufactured does not
scoreninety points.
Sec. 3. That section thirty-four be added to said act Butter scores.
.
which shall read as follows: Section 34. The Commissioner
or Instructor shall have the power to score the butter and the
score made by them shall be final.
Sec. 4. That section thirty-five be added to said act which Care of milk
shall read as follows: Section 35. It shall be the duty of the manufacturing
Commissioner or Instructor to give instructions in the care and butter.
of milk and cream, and in the manufacture of butter and
cheese.
SEC. 5. That section thirty-six shall be added to said act Inspection
of dairy
which shall read as follows: Section 36. It shall be the duty barns, etc.
of the Commissioner or Instructor to inspect dairy barns, but-
ter and cheese factories and condensories, and he shall have
the power to condemn the same where the sanitary conditions
are not conducive to a high quality of milk and cream, and
to the manufacture of a high grade of butter. He may con-
duct the test of any creamery where he has reason to believe
that the cream or milk is not tested accurately and shall
condemn milk or cream arriving on the market at a tempera-
ture above seventy degrees Fahrenheit or that which is too
old or in such condition as to be detrimental to the production
of high grade goods.
Sec. 6. That section thirty-seven shall be added to said Inspection of
apparatus.
act which shall read as follows: Section 37. All apparatus
used for the purpose of testing milk or cream furnished to
any creamery shall be inspected and tested by the Dairy Com-
missioner, or his deputies, and any found to be faulty or de-
fective, to be replaced through the Dairy Commissioner at
cost to the user.
Sec. 7. That section thirty-eight shall be added to said Babcock test.
act which shall read as follows: Section 38. It shall be un-
lawful for the owner, manufacturer, agent or any employe of
a butter or cheese factory or condensory to under or over-
read the Babcock test, or to manipulate for the purpose of
deception any other contrivance used for determining the
quality or value of milk or cream.
198
SESSION LAWS, 1906.
Stato dairy
instructor
salary of.
Violation
popolty.
Sec. 8. That section thirty-nine shall be added to said
act which shall read as follows: Section 39. The Commis-
sioner shall appoint one of his deputies who shall be known
as State Dairy Instructor. He shall be a graduate of a recog-
nized dairy school or shall have completed a course in dairy-
ing in a college where such instruction is given; he shall
receive as compensation for his services one hundred dollars
($100.00) per month.
SEC. 9. That section forty shall be added to said act
which shall read as follows: Section 40. Any person who
shall violate any of the provisions of this act or who shall ob-
struct the Commissioner or Instructor in the performance of
their duties under this act, by refusing him entrance to any
place enumerated in the preceding sections, or by refusing
to deliver to him any dairy products or imitations thereof
upon demand, shall be deemed guilty of a misdemeanor, and
upon conviction thereof shall be punished by a fine of not
less than twenty-five dollars nor more than one hundred dol-
lars or by imprisonment for not less than one month or more
than six months, or by both such fine and imprisonment.
Sec. 10. That section forty-one be added to said act
which shall read as follows: Section 41. To carry out the
Appropriation, provisions of this act there is hereby appropriated out of the
general fund, not otherwise appropriated the sum of two
thousand dollars ($2,000.00).
Passed the House February 20, 1905.
Passed the Senate March 1, 1905.
Approved by the Governor March 6, 1905.
a
SESSION LAWS, 1905.
199
CHAPTER 93.
(8. B. No. 803)
EXEMPTING BEQUESTS AND DEVISES FOR CHARITABLE
PURPOSES FROM INHERITANCE TAX.
AN ACT to exempt bequests and devises, when made for certain
cbaritable purposes, from the payment of any tax or sum under
any inheritance tax law, and remitting any such tax claimed
to be due on any such bequest or inheritance.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. All bequests and devises of property within
this State when the same is for one of the following charitable
purposes, namely: The relief of aged, impotent (indigent)
and poor people; maintenance of the sick or maimed or the
support or education of orphans or indigent children shall be
exempt from the payment of any tax or sum under any in-
heritance tax law; and any property in this State which has
been devised or bequeathed for such charitable purposes, and
upon which a State inheritance tax is claimed or is owing,
is hereby declared to be exempt from the payment of such
tax, and the same is hereby remitted.
Passed the House February 28, 1905.
Passed the Senate March 8, 1905.
Approved by the Governor March 9, 1905.
.
200
SESSION LAWS, 1906.
CHAPTER 94.
(A. B. No. 65)
APPROPRIATION FOR STATE FISH HATCHERY ON THE
LITTLE SPOKANE RIVER.
AN ACT to create a State Ash hatchery on the Little Spokane
river, in Spokane County, State of Washington, for the propa.
gation and distribution of trout, bass and other game fish in
be St of Washington, and making an appropriation there
for.
Game God
hatchery.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That the State Fish Commissioner is hereby
authorized and directed to convert the State salmon hatchery
on the Little Spokane river in Spokane County into a game
fish hatchery for the propagation of trout, bass and other
game fish, and that a certain per centum of said game fish
propagated at said hatchery be distributed in creeks and lakes
throughout the State under such rules and regulations as may
be prescribed by said Fish Commissioner.
SEC. 2. For the purpose of carrying out the provisions of
this act for maintaining said hatchery and distributing fish
therefrom the sum of twenty-five hundred dollars ($2500),
or so much thereof as may be necessary, is hereby appropri.
ated out of any money in the general fund not otherwise
appropriated.
Passed the House February 16, 1905.
Passed the Senate March 8, 1905.
Approved by the Governor March 9, 1905.
CHAPTER 95.
(H. B. No. 62)
FOR THE RELIEF OF SKAMANIA COUNTY.
AN ACT for the relief of Skamania County, and making an
appropriation.
Be it cnacted by the Legislature of the State of Washington:
SECTION 1. That there is hereby appropriated out of the
State treasury the sum of four hundred and ninety-one and
SESSION LAWS, 1906.
201
+
67-100 dollars ($491.67-100) for the relief of Skamania
County, Washington, on account of moneys erroneously paid
into the State treasury by said county, by reason of the cler-
ical error on the part of the county assessor of said county
in making his footings of the number of acres of assessable
lands in said county for the year 1901.
Sec. 2. The State Auditor is hereby directed to draw a
warrant in favor of Skamania County, Washington, for said
sum of four hundred and ninety-one and 67-100 dollars and
the State Treasurer is hereby instructed to pay said warrant
from moneys in the State treasury not otherwise appropri-
ated.
Passed the House February 9, 1905.
Passed the Senate March 8, 1905.
Approved by the Governor March 9, 1905.
1
CHAPTER 96.
(H. B. No. 202)
FOR THE ESTABLISHMENT AND MAINTENANCE OF A
STATE FISH HATCHERY ON CHIMACUM CREEK.
AN ACT to establish and maintain a state ish batchery on
Chimacum creek, or some of its tributaries, in Jefferson Coun-
ty, Washington.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That the State Fish Commissioner is hereby
authorized and empowered, and it is hereby made his duty,
to establish and maintain a State fish hatchery on Chimacum
creek, or some of its tributaries, in Jefferson County, Wash-
ington: Provided, That said stream is suitable for the hatch-
ing of salmon.
Passed the House February 21, 1905.
Passed the Senate March 8, 1905.
Approved by the Governor March 9, 1905.
1
202
SESSION LAWS, 1906.
CHAPTER 97
(8. B. No. 261)
FOR THE ESTABLISHMENT AND MAINTENANCE OF A
STATE FISH HATCHERY ON THE SKAGIT RIVER.
AN ACT to establish and maintain State Ash hatcheries on the
Skagit river, or other suitable streams tributary to Skagit
river, Skagit County, Washington.
Be it enacted by the Legislature of the State of Washington:
Section 1. That the Fish Commissioner is hereby author-
ized and empowered, and it is hereby made his duty, to
establish and maintain one or more fish hatcheries on the
Skagit river, or some suitable streams tributary to Skagit
river, Skagit County, Washington: Provided, That said
streams are suitable for the hatching of salmon.
Passed the House February 21, 1905.
Passed the Senate March 8, 1905.
Approved by the Governor March 9, 1905.
CHAPTER 98.
(8. B. No. 20)
PROVIDING FOR THE LABELING OF PACKAGES CONTAIN.
ING GASOLINE OR BENZINE.
AN ACT to provide for the marking and labeling of the vial,
ox, can or parcel containing any gasoline or benzine sold
within this state, and providing & penalty for the violation
thereof.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. Every apothecary, druggist, merchant or other
person who shall sell and deliver any gasoline or benzine
without having the word "explosive" and the true name
thereof in English, written or printed upon a label attached
to the vial, box, can or parcel containing the same shall, on
SESSION LAWS, 1906.
203
conviction thereof, be imprisoned in the county jail not
more than six months, and be fined in any sum, not exceeding
one hundred dollars, or be fined or imprisoned only.
Passed the Senate January 24, 1905.
Passed the House March 1, 1905.
Approved by the Governor March 9, 1905.
CHAPTER 99.
(8. B. No. 287)
AUTHORIZING THE EXECUTION OF BONDS ON BEHALF OF
THE STATE IN JUDICIAL PROCEEDINGS.
AN ACT authorizing the execution on behalf of the State of
Washington of bonds in judicial proceedings, and declaring an
emergency.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That the attorney general is hereby author-
ized to execute on behalf of the State of Washington appeal
or any other bonds required to be given by the State in any
judicial proceedings to which it is a party in any court what-
soever, and to procure sureties thereon.
Sec. 2. An emergency exists and this act shall take effect
Emergency.
immediately.
Passed the Senate March 7, 1905.
Passed the House March 7, 1905.
Approved by the Governor March 9, 1905.
.
204
SESSION LAWS, 1905.
CHAPTER 100.
(8. B. No. 64)
APPROPRIATION COVERING MILEAGE AND PER DIEM OF
THE FIVE PRESIDENTIAL ELECTORS.
AN ACT to appropriate funds for the payment of mileage and
per diem of the presidential electors of the State of Wash-
ington.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That the sums of five hundred and fifteen
dollars and twenty cents be, and the same is hereby appro-
priated out of the general funds of the State of Washington
not otherwise appropriated, to pay the mileage and per diem
of the presidential electors of the State of Washington, who
were elected as members of the Electoral College of said
State, at the November election in the year 1904, and who
met at the capital of said State on January 9, 1905, as fol-
lows, to-wit:
To Alon. Samuel G. Cosgrove. .
To on. L. B. Nash.
To Bon. Guo. W. Bassott.
To Hon. Al. J. MODEOD
To Hon. Borman D. Crow.
$116.80
180.50
117.00
89.40
112.50
.
$515.20
Passed the Senate February 17, 1905.
Passed the House March 8, 1905.
Approved by the Governor March 9, 1905.
.
SESSION LAWS, 1906.
205
CHAPTER 101.
(8. B. No. 108)
TO PROVIDE AGAINST THE ADULTERATION OF GROUND
FOOD FOR LIVE STOCK.
AN ACT to provide against the adulteration and sale of meal or
ground gralds used for feeding farm live stock, declaring the
same a misdemeanor, providing a penalty therefor, and re
quiring the State Dairy and Food Commissioner, Attorney
General and Prosecuting Attorneys to enforce the provisions
hereof.
tion to bo
Be it enacted by the Legislature of the State of Washington:
SECTION 1. Any person who shall adulterate any kind of Truo composi.
meal or ground grain used for feeding farm live stock, with marked on
package.
milling or manufacturing offals, or any other substance
whatever, for the purpose of sale, unless the true composition,
mixture or adulteration thereof is plainly.marked or indicated
upon the package, sacks or bags containing the same or in
which it is offered for sale ; or any person who knowingly
sells or offers for sale any meal or ground grain which has
been so adulterated unless the true composition, mixture or
adulteration is plainly marked or indicated upon the package
containing the same, or in which it is offered for sale, shall
be guilty of a misdemeanor and upon conviction shall be pun-
ished by a fine of not less than twenty-five dollars ($25.00) Penalty.
nor more than one hundred dollars ($100.00) for each and
every offense, by imprisonment for not less than one month
or more than six months, or by both such fine and imprison-
ment.
Sec. 2. The state dairy and food commissioner, the
chemist of the state agricultural experiment station, the state
attorney general and the prosecuting attorneys of the several
counties of this State are hereby required, without additional
compensation, to assist in the enforcement and execution of
this act, and in the prosecution of all persons charged with
the violation thereof, in like inanner and with like powers as
206
SESSION LAWS, 1906.
they are now authorized and required by law to enforce the
laws of this State against the adulteration of food and fraud
in the sale thereof.
Passed the Senate February 9, 1905.
Passed the House March 8, 1905.
Approved by the Governor March 9, 1905.
CHAPTER 102.
18. B. No. 186)
APPROPRIATION COVERING CERTAIN DEFICIENCIES FOR
FISCAL TERM ENDING MARCH 31, 1906.
AN ACT making appropriations for certain deficiencies for fiscal
periods prior to March 31, 1905, and for other purposes.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. The following sums, or so much thereof as
may be necessary, are hereby appropriated out of the general
fund for the purposes hereinafter designated in payment of
deficiencies for the present and past fiscal periods, not hitherto
provided for and the state auditor is directed to draw his
warrants in payment of the same, on presentation to him of
properly certified vouchers, to-wit:
1
Interest.
1. Transportation of Insane.
2. Transportation convicts
8. Coat bills (crimioal):.
4. Travellog expenses, Superior Judges.
8. Salaries Superior Judges pro tem..
Judgment.
6. Frank Phippey
70.66
7. W. A. Lewis, et al.
10.50
W. A. Lewis et al
166.58
9. W. F. Meloy....
186.00
10. E. May McKenzle.
1,862.70
11. Jouo L. Murray..
1,967.82
12. Salary for two extra Snpreme Judges.
$1,800.00
4,500.00
8,000.00
2,500.00
1,000.00
Total.
$ 70.66
10.89
169.78
140.44
1,987.19
1,976.18
1,800.00
on oo
.19
8.18
4.44
124.49
8.88
Passed the Senate February 17, 1905.
Passed the House March 1, 1905.
Approved by the Governor March 9, 1905.
SESSION LAWS, 1906.
207
CHAPTER 103.
(8. B. No. 201)
REGULATING THE KEEPING AND DEPOSIT OF MUNICIPAL
FUNDS.
AN ACT regulating the keeping and deposit of municipal funds.
Art .
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That it shall be the duty of the city treasurer, Duties of
in all cities of the State of Washington having a population cities of
of seventy-five thousand (75,000) inhabitants and over to,
immediately upon this bill becoming a law and annually
thereafter at the end of each fiscal year, designate one or
more banks in such city as depository or depositories of the
moneys required to be kept by said treasurer, and such
designation shall be subject to the approval of the mayor,
and filed with the comptroller.
Sec. 2. Before any such designation shall become effect-
ual and entitle the treasurer to make deposits in such bank
or banks, the bank or banks so designated shall, within ten
days after the same is filed with the comptroller, file with
the comptroller of such city a surety bond to such city, in Saretz, bond
the maximum amount of deposits designated by said trea-
surer to be carried in such bank, conditioned for the prompt
payment thereof on checks duly drawn by the treasurer,
which bond shall be approved by the mayor and comptroller
of said city, and such bank shall also, at the same time, file
with said comptroller a contract with said city, wherein said
bank shall agree to pay not less than 1% per centum on
the cash daily balances of all municipal funds kept by such
treasurer in said bank, while acting as such depository;
such payments to be made monthly to said city while said
deposits continue in said depository; said contract shall run
to said city and be in such form as shall be approved by
the mayor and corporation counsel.
Bond of oity
Sec. 3. The provisions of this act shall in no way affect treasurer nok
the duty of the city treasurer to give bond to such city for hereby.
Mootod
208
SESSION LAWS, 1906.
the faithful performance of his duties in such amount as
may be fixed by the city council by ordinance.
Passed by the Senate March 3, 1905.
Passed by the House March 8, 1905.
Approved by the Governor March 9, 1905.
CHAPTER 104.
(8. B. No. 140)
AMENDING ACT RELATIVE TO COLLECTION OF TAXES FOR
RIVER IMPROVEMENT DISTRICTS.
AN ACT amending Section twenty-one (21) of Chapter one
hundred and forty-three, Laws of 1903, relating to "river
improvement districts," and the collection of taxes therein.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That Section 21 of Chapter 143 of the Laws
of 1903, relating to "River Improvement Districts" and the
collection of taxes therein be and the same is hereby amended
to read as follows: Section 21. All the laws governing the
assessment and collection of taxes for general State and
county purposes shall apply to the assessment and collection
of taxes levied under the provisions of this act, except that
the taxes collected under the provisions of this act shall be
kept separate, and apart from other taxes. In case any tax
levied under this act shall become delinquent, same shall be
included, with taxes levied for other purposes, in the certifi-
cate of delinquency that may be issued, and any proceeding
to foreclose said certificate of delinquency shall include the
amount of delinquent tax levied for river improvements un-
der this act.
Passed the Senate February 9, 1905.
Passed the House March 8, 1905.
Approved by the Governor March 9, 1905.
SESSION LAWS, 1906.
209
CHAPTER 105.
(H. Sub. B. No. 96)
RELATING TO JUSTICES OF THE PEACE IN CITIES OF
THE FIRST CLASS.
in 1906.
1
I
AN ACT relating to Justices of the Peace and Constables in cities
having a population of more than thirty-ive thousand (35,000)
inhabitants, providing for their election and appointment, iix-
ing their salaries, and declaring an emergency.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. There shall be elected at the general election Election of,
to be held in November, 1906, and bi-ennially thereafter, in
each city having a population of more than thirty-five thou-
sand (35,000) inhabitants and less than eighty thousand
(80,000) inhabitants, two justices of the peace and two con-
stables, and in cities having a population of more than eighty
thousand (80,000) inhabitants three justices of the peace
and three constables, and no more, whose term of office shall
be for the period of two years from the second Monday of
January following their election.
Sec. 2. The board of county commissioners of each
county in which there is a city having a population of more
than thirty-five thousand (35,000) inhabitants and less than
eighty thousand (80,000) inhabitants, are hereby authorized
immediately after this act goes into effect, to appoint one additional
additional constable in such city, so that there shall be two be appointed
constables in such city, and the board of county compris-blancommis-
sioners of each county in which there is a city having a
population of more than eighty thousand (80,000) inhabit-
ants are hereby authorized and directed immediately after
this act goes into effect, to appoint one additional Justice of
the peace and two additional constables in such city, so that
there shall be three justices of the peace and three constables
in such city.
Sec. 3. The salaries of justices of the peace and con- Salaries ol.
stables hereafter elected or appointed in cities having a popu-
lation of more than thirty-five thousand (35,000) inhabitants
shall be as follows: (1) Salaries of justices of the peace
in cities having a population of more than thirty-five thou-
sand (35,000) inhabitants, fifteen hundred dollars ($1,500)
by
sloperu
11
210
SESSION LAWS, 1905.
per annum, payable as now provided by law. (2) Salaries
of constables in cities having a population of niore than
thirty-five thousand (35,000) inhabitants, nine hundred and
sixty dollars ($960.00) per annum, payable as now provided
by law.
SEC. 4. An emergency exists and this act shall take effect
immediately.
Passed the House February 28, 1905.
Passed the Senate March 8, 1905.
Approved by the Governor March 9, 1905.
Emergency.
CHAPTER 106.
(H. Snb. B. No. 64)
EMPOWERING COUNTY COMMISSIONERS TO GRANT CER :
TAIN PUBLIC FRANCHISES ON PUBLIC ROADS.
AN ACT giving to County Commissioners the power to grant
certain public utility franchises on County roads and streets
outside of incorporated towns and cities, and coniirming cer-
tain such grants heretofore made.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. The county commissioners of the several
counties in the State of Washington are hereby authorized
and empowered to grant franchises to persons or corpora-
Purposes. tions to use the county roads and streets in their several
counties outside of the incorporated towns and cities for the
construction and maintenance of waterworks, gas pipes,
telephone, telegraph and electric light lines: Provided, That
Application-
hearing hereafter on application being made to the board of county
commissioners for any such franchise, the board shall fix
a time and place for hearing the same, and shall cause the
county auditor to give public notice thereof at the expense
of the applicant, by posting written or printed notices in
three public places in the county seat of the county and in
at least one conspicuous place on the roads or streets or parts
thereof for which application is made, at least fifteen (15)
days before the day fixed for such hearing, and by publishing
a like notice three (3) times in some daily newspaper pub-
notice.
SESSION LAWS, 1906.
211
Order of
board.
county.
lished in the county, or if no daily newspaper is published
in the county, then the newspaper doing the county print-
ing, the last publication to be at least five (5) days before
the day fixed for such hearing, which notice shall state the
name or names of the applicant or applicants, a description
of the roads or streets or parts thereof for which the appli-
cation is made, and the time and place fixed for the hearing.
Such hearing may be adjourned from time to time by the
order of the board. If, after such hearing, the board shall
deem it to be for the public interest to grant such franchise
in whole or in part, the board may make and enter the
proper order granting the franchise applied for or such part
thereof as the board deems to be for the public interest, and
may require any such utility and its appurtenances to be
placed in such location on or along the roads or streets as
the board finds will cause the least interference with other
uses of the roads or streets. Any person or corporation
constructing or operating such utility on or along such
county road or county street shall be liable to the county Liability to
for all necessary expense incurred in restoring such county
road or county street to a suitable condition for travel. This
act shall be construed as an addition to existing laws and
shall not limit powers or rights which may be exercised
under existing laws: Prorrided, That no franchise shall be Term of
granted for a period of longer than fifty years: Provided
further, No exclusive franchise or privilege shall be granted.
SEC. 2. That any and all grants, rights, privileges, fran-Prior grants
chises or powers heretofore made or attempted to be made, valid.
given or granted by the board of county commissioners of
any county in this State, when such board was in regular
or special session, and when the action of such board is
shown by its records, to any person or corporation, to erect,
construct, maintain or operate an electric railway or poles,
pole lines, wires or any other matter or thing for the fur-
nishing, transmission, delivery, enjoyment or use of electric
energy, electric power, electric light, and telephone connec-
tion therewith, or any other matter or thing relating to said
matters and things or either of them, or to lay or maintain
pipes for the distribution of water, or gas, in, upon, along,
through or over public roads and highways, or any public
road or highway, outside the limits of incorporated cities
and towns, be and they are hereby confirmed and declared
to be valid to the extent that such road or highway has been,
franchisos.
declared
212
SESSION LAWS, 1906.
Porco and
etect rights
.
prior to the passage of this act, actually occupied by the
bona fide construction and operation of such utility and no
farther.
SEC. 3. Said rights, powers and grants so made or
and powers. attempted to be made and hereby confirmed, shall have and
be of the same force and effect as if the county commis-
sioners in any county of this State, prior to the time of
giving or granting said rights, privileges and franchises,
had been specifically authorized and empowered to give and
grant the same.
Passed the House February 28, 1905.
Passed the Senate March 8, 1905.
Approved by the Governor March 9, 1905.
CHAPTER 107.
(H. B. No. 126)
TO ESTABLISH A STATE FISH HATCHERY ON THE UPPER
METHOW RIVER.
AN ACT to establish a State Fish Hatchery on the upper Methow
river, or some of its tributaries, in Okanogan County, in the
State of Washington.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That the State Fish Commissioner is hereby
authorized and directed to prospect the upper Methow river
and its tributaries, Okanogan County, with a view of estab-
lishing and maintaining a State salmon hatchery thereon.
SEC. 2. That if after investigation the State Fish Coni-
missioner finds the upper Methow river in Okanogan County,
or any of its tributaries, a suitable stream for the location of
a salmon hatchery, he is hereby authorized and directed to
establish and maintain a State salmon hatchery on said upper
Methow river, or its tributaries, in Okanogan County.
Passed the House February 21, 1905.
Passed the Senate March 8, 1905.
Approved by the Governor March 9, 1905.
SESSION LAWS, 1906.
213
CHAPTER 108.
(8. B. No. 53)
ENABLING COUNTIES, CITIES AND TOWNS TO VALIDATE
CERTAIN WARRANTS.
AN ACT to enable counties, cities and towns to validate certain
warrants and other obligations and evidences of indebtedness
on the part of such counties, cities and towns, issued by the
corporate authorities thereof in excess of their legal authority,
and declaring an emergency.
Ratifcation
Be it enacted by the Legislature of the State of Washington:
SECTION 1. Any county, city or town in this State may on what
ratify in the manner prescribed in this act, the attempted frounds.
incurring of any indebtedness of such county, city or town,
by the issuing of warrants, making of contracts, or creations
of other evidences of indebtedness on the part of such coun-
ty, city or town, by the corporate authorities thereof at any
time prior to the passage of this act, when the only ground
of the invalidity of such indebtedness so to be ratified is
that, at the time of such attempted incurring thereof, the
same, together with all other then existing indebtedness of
such county, city or town, exceeded one and one-half per
'centum of the taxable property in such county, city or
town, ascertained by the last assessment for State and
county purposes previous to the attempted incurring of
such indebtedness, except that in incorporated cities the
assessment shall be taken from the last
the last assessment
for city purposes, and that such indebtedness was so attempt.
ed to be incurred without the assent of three-fifths of the
voters therein voting at an election held for that purpose.
SEC. 2.
Whenever the corporate authorities of any such Ratification,
county, city or town shall deem it advisable that the ratifi-
cation authorized by this act shall be obtained, they shall
provide therefor by ordinance or resolution, which shall
specify separately the amount of each distinct class of such
indebtedness so to be ratified, the date or period of the at-
tempted incurring by the corporate authorities of each sepa-
rate class thereof, and the general nature of the indebtedness
composed in each distinct class and shall provide for the hold-
ing of an election for that purpose, at which the attempted
:
how obtained.
214
SESSION LAWS, 1906.
class.
incurring of such indebtedness shall be submitted to the
voters in such county, city or town for ratification or ap-
proval, of which election notice, to be provided for in such
ordinance or resolution, shall be given by publishing the same
in a newspaper published in such county, city or town once a
week for at least four successive weeks, and if no newspaper
is published in such city or town, then by publishing such
notice for the same period in a newspaper published in the
county wherein such city or town is situate and of general
Portonch coated circulation therein. Each distinct class of such indebtedness
so specified shall be the subject of a distinct vote in favor
of or against the ratification thereof, and such vote shall
designate the class of indebtedness referred to by the de-
scription thereof used and the amount specified in the ordi-
nance or resolution.
· SEC. 3. If at an election held as provided for in Section
two of this act, three-fifths of the voters in such county, city
or town, voting at such election, shall vote in favor of the
ratification of any distinct class of such indebtedness, speci-
fied in the ordinance or resolution providing for such elec-
tion, then such indebtedness so ratified shall thereby become
and is hereby declared to be validated and a binding obliga-
tion upon such county, city or town, when the only ground
of the previous invalidity of such indebtedness is that at the
time of the incurring thereof so ratified, the same, together
with all other then existing indebtedness of such county,
city or town, exceeded one and one-half per centum of the
taxable property in such county, city or town ascertained
by the last previous assessment for State and county pur-
Escoption. poses (except that in incorporated cities the assessment shall
be taken from the last assessment for city purposes): Pro
vided, That neither anything in this act contained nor the
vote cast at any such election shall be deemed to validate
or authorize any indebtedness, which, together with all other
indebtedness of such county, city or town existing at the
time of the attempted incurring of the same exceeded any
constitutional limitation of indebtedness which might be in-
curred with the assent of three-fifths of the voters in such
county, city or town voting at an election to be held for
Act not apply that purpose: And provided further, That this act shall
indebtednoss. apply only to indebtedness attempted to be incurred prior
to the passage hereof.
cable prior
SESSION LAWS, 1905.
215
Sec. 4. The words "corporate authorities," used in this
act, shall be held to mean the legislative or managing body
of any county, city or town.
Sec. 5. An emergency exists and this act shall take effect Emergency.
immediately.
Passed the House February 20, 1905.
Passed the Senate March 2, 1905.
Approved by the Governor March 9, 1905.
CHAPTER 109.
(8. B. No. 238)
RELATIVE TO CHANGING OF CORPORATE NAMES.
AN ACT relating to changing corporate names of corporations.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That whenever any corporation heretofore or
hereafter organized under the laws of this State (including
such as were organized under the laws of the Territory of
Washington) shall execute and file in the office of the Sec- Supplemental
retary of State and in the office of the county auditor of whom.
the proper county supplemental articles of incorporation
changing its corporate name, such corporation shall file in
the office of such county auditor, at the time of filing such
supplemental articles or within ten days thereafter, a written
notice, signed by its president, vice president or secretary,
setting forth its former corporate name and its corporate
name as changed and stating that supplemental articles mak-
ing such change of name have been filed in the office of the
Secretary of State and in the office of the county auditor
of the county (naming it). It shall be the duty of the Duty of
county auditor, on payment of the proper recording fee, to auditór.
record such notice as deeds are recorded and to index such
notice in the general index in his office under the former
corporate name as grantor and under the changed corporate
name as grantee. A like notice may at the option of such
corporation be filed in the office of the county auditor of any
other county, and the county auditor of such other county
bling, with
county
216
SESSION LAWS, 1906.
to former
shall record and index the same in the manner hereinbefore
Requirement provided. Corporations which have heretofore filed supple-
Alings.
mental articles changing their corporate names shall file the
notice herein provided for within six months after the taking
effect of this act.
Passed the House March 6, 1905.
Passed the Senate March 8, 1905.
Approved by the Governor March 9, 1905.
CHAPTER 110.
(8. B. No. 251)
ADDITIONAL APPROPRIATION FOR LEGISLATIVE EX.
PENSES.
AN ACT appropriating the sum of ten thousand dollars, or so
much thereof as may be necessary, for the expenses of the
Ninth Legislature.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That there be and there is hereby appropri-
ated out of the funds of the State of Washington, the sum
of ten thousand dollars ($10,000), or so much thereof as
may be necessary, to be used for the purpose of the Ninth
Legislature of the State of Washington.
Passed the Senate March 8, 1905.
Passed the House March 9, 1905.
Approved by the Governor March 9, 1905.
2
SESSION LAWS, 1906.
217
CHAPTER III.
(8. B. No. 119)
TO PROMOTE STATE AGRICULTURAL INTERESTS.
AN ACT to promote the agricultural interests of the State of
Wasbington, providing for county inspectors of aplaries, de-
fining their duties, and providing for their compensation.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. Whenever a petition is presented to the board
of county commissioners of any county, signed by ten or
more persons, each of whom is a property holder resident
of the county, and owner of an apiary or place where bees
are kept, stating that certain or all apiaries within the county
are infected with the disease known as “foul brood," or any Foul brood.
other disease which is infectious or contagious in its nature,
and injurious to the bees, their eggs or larvae, and praying
that an inspector be appointed by them, whose duty it shall
be to supervise the treatment of said bees and apiaries as
herein provided, the board of county commissioners shall,
within twenty days' thereafter, appoint a suitable person, Inspector,
appointment
who shall be a skilled bee-keeper, inspector of apiaries. The or.
said board of county commissioners may remove said inspec-
tor at any time for cause.
SEC. 2.
2. It shall be the duty of the inspector in each county Duty of
inspoctor.
to cause an inspection to be made when he deems it necessary,
of any apiary, or other place within his jurisdiction in
which bees are kept, and if found infected with foul
brood, or any other infectious or contagious disease injurious
to the bees, or their eggs, or larvae he shall notify the owner
or owners, person or persons, in charge, or in possession of
said apiaries or places where bees are kept, that the same
are infected with foul brood, or any other disease infectious
or contagious in its nature, and injurious to bees, their eggs
or larvae, and he shall require such person or persons to
eradicate and remove such disease or cause of contagion
within a certain time to be specified. Said notice may be Sorpice of
served upon the person or persons, or either of them, owning
or having charge, or having possession of such infected
apiaries, or places where bees are kept, by any inspector, or
218
SESSION LAWS, 1905.
Public
poimance.
by any person deputized by the said inspector for that pur-
pose, or they may be served in the same manner as a sum-
mons in a civil action. All such apiaries, or places where
bees are kept, found infected with foul brood, or any other
infectious or contagious disease, are hereby adjudged and
declared to be a public nuisance; and whenever any such
nuisance shall exist at any place within his jurisdiction, or
on the property of any non-resident, or on any property the
owner or owners of which cannot be found by the inspector,
after diligent search, within the county or upon the property
of any owner or owners upon whom notice aforesaid has
been served and who shall refuse or neglect to abate the same
within the time specified, it shall be the duty of the inspector
to abate the same, either by treating the disease, or by de-
stroying the infected hives, together with their combs and
Isponse,
county charge bees therein. The expense thereof shall be a county charge
a
and the board of county commissioners shall allow and pay
the same out of the general fund of the county.
laspoctor's
records.
SEC. 3. It shall be the duty of the county inspector of
apiaries to keep a record of his official acts and doings, and
make report thereof to the board of county commissioners
at their October meeting of each year.
Salary and
expenditur...
SEC. 4. The salary of the county inspector of apiaries
shall be three dollars per day when actually engaged in the
performance of his duties: Provided, That the expenditures
under this act in any county shall not exceed the sum of
one hundred dollars per annum.
SEC. 5. The inspector of apiaries may, in his discretion,
order the owner or owners, or other person in charge of
bees kept in box or other immovable or stationary comb-
hives in apiaries infected with foul brood or other infectious
or contagious disease, or within a radius of three miles of
such diseased apiaries, to transfer such bees to movable
frame hives within a reasonable time, to be specified in such
order or notice, and in default of such transfer the owner,
of owners, or other persons in charge of such bees, the in-
spector may destroy, or cause to be destroyed, all such hives,
together with their contents, and the expense thereof shall
be a county charge, as provided in section two of this act.
Sec. 6. It shall be unlawful for any person owning or
been without controlling bees within this State, which are known to be
.
infected with foul brood or other infectious or contagious
disease, to remove said bees to a new location, without first
Transfer of
infected book
Unlawful to
move infected
SESSION LAWS, 1906.
219
Violations
giving ten days' notice to the county inspector of apiaries,
stating when and where he intends moving said bees.
Sec. 7. Any person or persons whose apiary is infected
with foul brood or any other infectious or contagious disease,
and who sells or offers for sale, from such infected apiary
any bees, hives, bee fixtures or appurtenances, or who shall
expose in his bee yard or elsewhere, any infected comb-honey, Ina penalty.
bees wax, or other infected things, or who conceals the fact
that his apiary is so infected, or who shall resist, impede, or
hinder in any way, the inspector of apiaries in the discharge
of his duties, under the provisions of this act, or who shall
violate any of the provisions of this act, shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall
be fined in any sum not to exceed one hundred ($100)
dollars.
Passed the Senate February 17, 1905.
Passed the House March 8, 1905.
Approved by the Governor March 9, 1905.
CHAPTER 112.
(8. B. No. 140)
AMENDING ACT OF 1888 RELATIVE TO PAYMENT OF
WAGES FOR LABOR.
AN ACT amending Section 1 of an act entitled, "An act to pro-
vide for the payment of wages of labor in lawful money of the
United States and to punish violations of the same," approved
February 2, 1888, being Section 3305 of Ballinger's Annotated
Codes and Statutes of the State of Washington.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. Section one of “An act to provide for the pay-
ment of wages of labor in lawful money of the United States
and to punish violations of the same," approved February
2, 1888, is hereby amended to read as follows: Section 1.
That it shall not be lawful for any corporation, person or Payment by
firm engaged in manufacturing of any kind in this State, full lace
mining, railroading, constructing railroads, or any business
or enterprise of whatsover kind in this State, to issue, pay
ordor, etc., at
value.
220
SESSION LAWS, 1905.
Paid in
eash-whon.
out or circulate for payment of wages of any labor, any
order, check, memorandum, token or evidence of indebted-
ness, payable in whole or in part otherwise than in lawful
money of the United States, unless the same is negotiable
and redeemable at its face value, without discount, in cash
or on demand, at the store or other place of business of such
firm, person, or corporation when the same is issued, and
the person who, or company which may issue any such
order, check, memorandum, token or other evidence of in-
debtedness shall upon presentation and demand redeem the
same in lawful money of the United States. And when any
laborer performing work or labor as above shall cease to
work whether by discharge or by voluntary withdrawal the
wages due shall be forthwith paid either in cash or by order
redeemable in cash at its face value on presentment at bank,
store, commissary, or other place in the county where the
labor was performed: Provided, Such order may be given
payable in another county when the place of employment is
more convenient of access to the employe.
Passed the House February 20, 1905.
Passed the Senate March 3, 1905.
Approved by the Governor March 9, 1905.
CHAPTER 113.
(8. B. No. 1)
FIXING AND REGULATING MAXIMUM RAILROAD PASSEN
GER RATES.
AN ACT regulating and ixing the maximum railroad passenger
rates in the State of Washington, and providing for the due
enforcement and observance of the rates 60 ixed.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. No railroad, its agents or employes doing
business within this State, shall charge for transporting or
carrying passengers from one point within this State to
another point within this State at a rate exceeding three (3)
cents per mile for each passenger over the age of twelve
Adulti 80
par milo.
SESSION LAWS, 1906.
221
years so transported or carried, and one and one-half cents Children
1*c.
per mile for each passenger of the age of twelve years or
under said age so transported or carried.
Sec. 2. Every railroad company and any agent or em-Violation,
ployee of said railroad company, doing business in the State
of Washington, who shall violate or evade any of the pro
visions of the foregoing section of this act shall for each
and every violation thereof be deemed guilty of a misde-
meanor, and on conviction thereof shall be punished by a fine
of not less than five hundred dollars nor more than one Penalty.
.
thousand dollars, or may be imprisoned in the county jail for
a period of not less than six months not more than one year,
or both such fine and imprisonment; and on the trial of any
person or persons accused under this action of the offense
aforesaid, it shall not be a defense to such charge of the vio-
lation of the provisions of said section for such person or
persons to prove that he, she or they were instructed or or-
dered to commit the acts charged in the information or in-
dictment by an officer, or agent, or employee of the railroad
company, for which he or they were employed at the time
the violation charged in the information or indictment
occurred, at said trial proof that the person accused in the
information or indictment, received money for the railroad
company mentioned in the information or indictment,
shall be prima facie proof of the agency charged in the in- Prima facio
formation or indictment, and the courts shall so instruct proof.
.
the jury in such cases.
Sec. 3. Any railroad company doing business within the
State of Washington, who shall violate or evade any of the
provisions of the foregoing sections of this act shall for
each and every violation thereof forfeit and pay into the
treasury of the State of Washington, in addition to the Further peo-
penalty and fine imposed by section two of this act, a further
sum of two hundred dollars, one-half thereof for the use
and benefit of the person or passenger overcharged and one-
half thereof for the use and benefit of the general school
fund of the State ; and the fine and penalties imposed by this
act under section two shall likewise be paid into the general
school fund; and the attorney general for the State of Wash-
ington, or any county attorney shall institute the necessary
criminal and civil proceedings to collect and enforce the
alty.
222
SESSION LAWS, 1906.
Not applica.
bio to certain
line..
fines, forfeitures, penalties and punishments provided in this
act.
SEC. 4. This act shall not apply to railroads whose lines
or route of travel does not exceed one hundred miles in
length.
Passed the Senate February 14, 1905.
Passed the House March 6, 1905.
Approved by the Governor March 9, 1905.
Court to
appoint
appraisors.
CHAPTER 114.
(H. B. NO. 826)
AMENDING ACT OF 1901 RELATIVE TO INHERITANCES.
AN ACT to amend sections thirteen and ofteen of an act entitled,
,
"An act relating to the taxation of inheritances and providing
for disposition of same," approved March 6, 1901.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. Section thirteen of said act is hereby amend-
1
ed so as to read as follows: Section 13. The Superior Court,
having jurisdiction, shall appoint three suitable, disinterested
persons to appraise the estate and effects of deceased per-
sons for inheritance tax purposes, and, unless otherwise pro
vided by order of the court, the appraisers appointed under
the probate law to appraise the estate and effects of deceased
persons, shall be and constitute the appraisers under the
provisions of this act. It shall be the duty of all such
appraisers to forthwith give notice to the State Treas-
urer and other persons known to be interested in the prop-
erty to be appraised, of the time and place at which they
will appraise such property, which time shall not be less
than twenty days from the date of such notice. The notice
shall be served in the same manner as is prescribed for the
commencement of civil actions unless a different one is or-
dered by the court or judge, and the notice, with the proof of
service thereof, shall be retumed to the court with the ap-
praisement. The State Treasurer, or any person interested in
the estate appraised, may file exceptions to the appraisement,
Duty of
appraisori.
Service of
notico.
Excoptions.
SESSION LAWS, 1906.
223
Oxocutor.
which shall be heard and determined by the court having
jurisdiction in probate of the estate involved. If, upon the
hearing, the court finds the amount at which the property
is appraised is its market value and the appraisement was
fairly and in good faith made, it shall approve such ap-
praisement; but if it finds that the appraisement was made
at a greater or less sum than the market value of the prop-
erty, or that the same was not fairly or in good faith made,
it shall set aside the appraisement and determine such value.
The State Treasurer, or any one interested in the property
appraised, may appeal to the Supreme Court from the order Appeal.
of the Superior Court in the premises.
SEC. 2. Section fifteen of said act is hereby amended so
as to read as follows: Section 15. In all of the estates sub-
Daty of ad.
ject to the payment of the inheritance tax it shall be the duty minlstrator or
of the executor, administrator or trustee to furnish the clerk
of the court a list of the heirs of the estate and to state
therein the relationship which each heir, devisee, or legatee
bears to the decedent. The clerk of the court shall imme-
diately forward a true copy of such list to the State Trea-
surer, and no final settlement of the account of any executor,
administrator or trustee shall be accepted or allowed unless
a strict compliance with the provisions of this section has
been had by such person. Upon the filing of any petition Petition.
for letters of administration or for the probate of any will,
it shall be the duty of the clerk of the court in which such
proceeding is pending, within three days after such filing,
to notify the State Treasurer in writing of the date of such
filing, together with the name, and, if known, the place of
residence of the deceased, the name, and, if known, the place
of residence of petitioner, and, if known, the name and place
of residence of the attorney for petitioner.
Passed the House March 6, 1905.
Passed the Senate March 8, 1905.
Approved March 9, 1905.
224
SESSION LAWS, 1905.
CHAPTER 115.
(8. B. No. 36)
CREATING A STATE TAX COMMISSION.
AN ACT creating a State Board of Tax Commissioners, defining
its powers and duties.
appoint.
Vacancios.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. There is hereby created a State Board of Tax
Governor to Commissioners, to be appointed by the Governor, with the
advice and consent of the Senate. Immediately upon the
taking effect of this act the Governor shall appoint three
persons known to him to possess knowledge of the subject
of taxation and skill in matters pertaining thereto, and who
shall hold office for the term of four years. A Commis-
sioner may be removed by the Governor for any cause which
he may deem sufficient, which power of removal shall be
absolute, and there shall be no right of review of the same
in any court whatsoever.
(a) All vacancies which may occur on said board while
the Legislature is not in session shall be filled by appoint-
ment, and shall be submitted to the Senate at the next session
following the appointment.
(b) No Commissioner appointed under this act shall
hold any other office under the Government of the United
States or of this State or of any County or municipal corpo
ration within this State; he shall devote his entire time to
the service of the State in performing the duties prescribed
in this act.
Bond-ap-
proved by (c) Before entering upon the duties of his office, each
Governor.
of said commissioners shall enter into a bond payable to the
State of Washington, with security to be approved by the
Governor, in the sum of ten thousand dollars ($10,000),
conditioned for the faithful performance of his duties, and
shall take and subscribe to an oath of office that he will
support the constitution and faithfully and impartially per-
form the duties prescribed by this act to the best of his
ability, which oath shall be filed with the Secretary of State.
Commisslon.
erg shall not
hold other
omce.
a
SESSION LAWS, 1905.
225
duties of
commissioner.
taz.
Sec. 2. The commissioners shall have the power, and it powers and
shall be their duty:
First: To have and exercise general supervision of the
system of taxation throughout the State.
Second: To exercise general supertision over assessors Supervision
and county boards of equalization and the determination 4480HSoto.
and assessment of the taxable property in the several coun-
ties, cities and towns of the State, to the end that all tax-
able property in this State shall be placed upon the assess-
ment rolls and equalized between persons, corporations and
companies in the several counties of this State, and between
the different municipalities and counties therein, so that
equality of taxation shall be secured according to the pro-
visions of law.
Third: To take charge of and superintend the enforce- Inheritance
ment of the direct and collateral inheritance law, and the
collection of taxes provided for therein.
Fourth: To confer with, advise and direct assessors,
boards of equalization and county boards of commission-
ers as to their duties under the law and statutes of the State,
and to direct what proceedings, actions or prosecutions shall
be instituted to support the law relating to the panalties,
liabilities and punishment of public officers, persons, and
officers or agents of corporations for failure or neglect to
comply with the provisions of the statutes governing the
return, assessment and taxation of property, and cause
complaint to be made against assessors in the proper
county for their removal from office for official misconduct
or neglect of duty. In the execution of these powers and
duties the said board or any member thereof may call upon
county attorneys or the attorney general, who shall assist County attor
in the commencement and prosecution for penalties and for-ney general to
feiture, liabilities and punishments for violations of the
laws of the State in respect to the assessment and taxation
of property.
Fifth: To prescribe all forms of books and blanks to Books
be used in the assessment and collection of taxes, and to
change such forms when prescribed by law, and to recom-
ment to the Legislature such changes as may be deemed
most economical to the State and counties, and such recom-
mendation shall be accompanied by carefully prepared
bill or bills for this end.
nepo
or it
blaaks, etc.
.
1
12
226
SESSION LAWS, 1906. .
Reports on
WSONIDODH.
Witaono..
S
To visit
various
countien und
investigato
taxation
method..
Sixth: The board shall have power to require county,
city and town officers to report information as to assessments
of property, equalization of taxes, the expenditure of the
public fund for all purposes, and other information which
said commission may request.
Roports from
Seventh: To require individuals, partnerships, compan-
corporations.
ies, associations and corporations to furnish information as
to their capital, funded debts, value of property, earnings,
taxes and all other facts called for on these subjects, so that
the commission may ascertain the relative burdens borne by
all kinds and classes of property within the State.
Eighth: To summon witnesses to appear and testify on
the subject of property earnings, taxes, or upon any matter
deemed material to the investigation of the system of taxa-
tion, and the expenditure of public funds for State, county,
district and municipal purposes.
Ninth: To visit the counties in the State, unless pre-
vented by the necessary official duties, for the investigation
of the methods adopted by the county assessors and county
boards of commissioners in the assessment and equaliza-
tion of taxation of rcal and personal property; to care-
fully examine into all cases where evasion of property taxa-
tion is alleged, and ascertain where existing laws are de-
fective, or improperly or negligently administered.
Tenth: Any member of the board may administer oaths.
Porjury. to witnesses. In case any witness shall fail to obey the
summons to appear, or refuse to testify, such person shall
be deemed guilty of a misdemeanor, and upon conviction
thereof shall be fined in any sum not less than fifty dollars
nor more than one thousand dollars. Any person who shall
testify falsely shall be guilty of and punished for perjury.
Investigation Eleventh: The board shall thoroughly investigate all
of complaints.
complaints which may be made to it of illegal, unjust or
excessive taxation, and shall endeavor to ascertain to what
extent and in what manner, if at all, the present system
is unequal or oppressive.
Duty of Twelfth: It shall be the duty of the county assessor,
on the completion of his assessment rolls each year, to fur-
nish the tax commission a list of corporations, companies,
associations, banks and individuals doing business of a
public character whose assessed valuation is three thousand
dollars or more, together with the class of property and
the valuation placed on same for assessment purposes.
Misdemeanor
of witnesses.
1
county
Dressori.
SESSION LAWS, 1906.
227
county com-
1
Ex:omcio
Stato board
tion.
Sec. 3. The board or any member thereof shall examine Board to
.
roport to
and test work of county assessors during progress of the clerk of
assessments, or at any time when it is deemed necessary and missioners
convenient. Said board or any member thereof shall have
all the rights and powers of the assessor for the examination
of persons and property and for the discovery of property
subject to taxation. If such board shall ascertain that any
property is omitted, or not assessed according to law, it
shall bring the same to the attention of the county assessor
of the proper county, and if the assessor shall neglect or
refuse to correct the assessment to conform to law, the said
board shall report the fact in writing to the clerk of the
board of county commissioners, who shall lay the same
before the board of county commissioners for review and
examination in said county at a meeting of said board held
for the equalization of taxes. The members of the State members
Board of Tax Commissioners shall be e,r-officio members of equaliza
of the State Board of Equalization and the secretary of
the State Board of Tax Commissioners shall be the secre-
tary to the State Board of Equalization.
Sec. 4. The State Board of Tax Commissioners shall Investigation
make diligent investigation concerning the revenue laws and laws.
systems of other states and countries, so far as the same
may be known by reports and statistics and can be ascer-
tained by correspondence, and with the aid of information
thus obtained, together with the experience and observation
of our own laws and the operation thereof, recommend to
the Governor, in a biennial report at least sixty days before
the meeting of the Legislature, such amendments, changes
and modification of our revenue laws as seem proper and
requisite to remedy injustice and irregularities in taxation,
and to facilitate the assessment and collection of public
revenue in the most economical manner. All such recom-Ledslative
mendations shall be accompanied by suitable bill or bills tions.
necessary to carry into effect such recommendations. This
report shall also show in tabulated form the whole amount
of taxes collected in the State for all purposes, classificd as
State, county and municipal, with the sources thereof, the
amount lost, the cause of the loss and such other pertinent
statistics, matter and information concerning revenue and
taxation as may be deemed of public interest.
of revenu.
recommende
1
228
SESSION LAWS, 1905.
Printed
roports to
Logislaturo.
bame and
1
SEC. 5. There shall be printed copies of said report, one
copy of which shall be sent to each member of the Legis-
lature at least twenty days prior to the assembling thereof.
Orgaaization;
Sec. 6. The commissioners shall meet at the State
oficial soal. capitol, organize and elect one of their number president.
They shall be known collectively as the “State Board of
Tax Commissioners," and shall adopt and use an official seal.
A majority of said board shall constitute a quorum to
transact business. Said board may appoint and remove at
pleasure a secretary, who shall draw a salary not to exceed
twelve hundred dollars per annum, and may appoint such
other clerks as may be necessary, not exceeding two in
Socrotary-
mber at a salary not to exceed seventy-five dollars per
halary of
month each. The secretary shall keep full and correct min-
utes of all of the transactions and proceedings of said board,
and perform such duties as may be required by the board.
The commissioners shall be entitled to receive their neces-
sary traveling expenses while traveling on the business of
the board. The said board may hold sessions at any place
in this State, when deemed necessary to facilitate the dis-
Salaria, charge of its duties. The board shall be furnished with
mupplies. an office and supplies at the State capitol, in the same man-
ner as other State officers. Each of said commissioners
shall receive an annual salary of three thousand dollars,
payable in the same manner as the salaries of other State
officers are paid.
Passed the House February 6, 1905.
Passed the Senate March 6, 1905.
Approved by the Governor March 9, 1905.
omco and
+
SESSION LAWS, 1905.
229
CHAPTER 116.
(S. B. No. 20)
AMENDING ACT OF 1893 RELATIVE TO LIENS FOR LABOR.
AN ACT relating to liens for labor performed, material, provi.
sions and supplies furnished, and amending Sections 1 and 2
of an act entitled, "An act creating and providing for the
enforcement of liens for labor and material," approved Feb.
ruary 21, 1893, being Sections 5900 and 5901 of Ballinger's
Annotated Codes and Statutes of Washington.
en forc. lleps.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That Section 1 of an act entitled, "An act
creating and providing for the enforcement of liens for
labor and material," approved February 21, 1893. the same
being Section 5900 of Ballinger's Annotated Codes and 6900 Bellioger
Statutes of Washington, be amended to read as follows:
Section 1. Every person performing labor upon or furnish- Who may
Ylens.
ing material to be used in the construction, alteration or
repair of any mining claim, building, wharf, bridge, ditch,
dyke, flume, tunnel, well, fence, machinery, railroad, street-
railway, wagon road, aqueduct to create hydraulic power
or any other structure or who performs labor in any minc
or mining claim or stone quarry, has a lien upon the same
for the labor performed or material furnished by each, re-
spectively, whether performed or furnished at the instance
of the owner of the property subject to the lien or his agent;
and every contractor, sub-contractor, architect, builder or
person having charge, of the construction, alteration or re-
pair of any property subject to the lien as aforesaid, shall
be held to be the agent of the owner for the purposes of the
establishment of the lien created by this chapter: Provided, Bond, for
railway
That whenever any railroad company shall contract with construction.
any person for the construction of its road, or any part
thereof, such railroad company shall take from the person
with whom such contract is made a good and sufficient bond,
conditioned that such person shall pay all laborers, mechan-
ics, and material men, and persons who supply such con-
tractors with provisions, all just dues to such persons or to
any person to whom any part of such work is given, in-
curred in carrying on such work, which bond shall be filed
1
1
!
230
SESSION LAWS, 1905.
railroad
company.
by such railroad company in the office of the county auditor
in each county in which any part of such work is situated..
And if any such railroad company shall fail to take such
Liability of bond, such railroad company shall be liable to the persons
herein mentioned to the full extent of all such debts so
contracted by such contractor.
Sec. 2. That Section 2 of an act entitled, “An act creat-
ing and providing for the enforcement of liens for labor
and material," approved February 21, 1893, the same being
6901 Ballinger Section 5901 of Ballinger's Annotated Codes and Statutes
of Washington, be amended to read as follows: Section 2.
The lot, tract or parcel of land upon which the improve-
ment is made or the property is situated, subject to the lien
created by Section 1 of this act, or so much thereof as
may be necessary to satisfy the lien and the judgment there-
on, to be determined by the court on rendering judgment
landa torine. in a foreclosure of the lien, is also subject to the lien to
.
the extent of the interest of the person or company, who
in his or its own behalf, or who, through any of the persons
designated in Section 1 to be agent of the owner or owners.
caused the performance of the labor, or the construction,
alteration or repair of the property.
Passed the Senate February 9, 1905.
Passed the House March 8, 1905.
Approved by the Governor March 9, 1905.
apon
proromonts.
CHAPTER 117.
(H. B. No. 239)
AMENDING BALLINGER'S AND PIERCE'S CODES RELATING
TO MILEAGE OF COUNTY COMMISSIONERS.
AN ACT to amend Section three hundred forty of Ballinger's
Annotated Codes and Statutes of the State of Washington,
same being Section 4121 of Pierce's Washington Code, relating
to mileage and expenses of County Commissioners.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That section three hundred forty of Ballin-
840 Balliagor.
ger's Annotated Codes and Statutes of the State of Wash-
4121 Pierco.
SESSION LAWS, 1906.
231
-
board.
ington, the same being Section 4121 of Pierce's Washington
Code, be amended to read as follows: County Commissioners
in counties of the eighth, ninth, tenth, eleventh, twelfth, thir- Classification.
teenth, fourteenth, fifteenth, sixteenth, seventeenth, cigh-
teenth, nineteenth, twentieth, twenty-first, twenty-second,
twenty-third, twenty-fourth, twenty-fifth, twenty-sixtlı,
twenty-seventh, twenty-eighth and twenty-ninth, classes
may charge and receive mileage as hereinafter stated and
not otherwise.
First: For attendance on any regular session of the Sessions of
board of county commissioners, ten cents per mile for each
mile traveled in going to and returning from the county seat:
Provided, That only one such trip shall be charged for at
each regular session.
Second: For attendance upon extra sessions of said Extra
board, and for other necessary traveling on county business.
such mileage not exceeding ten cents per mile for each mile
traveled, as may be allowed or ordered by the superior
court of the proper county under the provisions of this act.
Passed the House February 14, 1905.
Passed the Senate March 8, 1905.
Approved by the Governor March 9, 1905.
sessions.
CHAPTER 118.
(H. B. No. 113)
TO ACCEPT
AUTHORIZING CEMETERY ASSOCIATIONS
TRUST FUNDS.
AN ACT authorizing associations and companies owning ceme.
teries to accept trust funds, the income therefrom to be used
in the betterment, care and improvement of such cemeteries.
1
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That all associations and companies owning
cemeteries may take and hold any property, real and per-
sonal, bequeathed or given upon trust, to apply the income
thereof under the direction of the trustees or managers of
such associations or companies, for the improvement or em-
bellishment of such cemeteries, or the erection or preserva-
232
SESSION LAWS, 1906.
1
tion of any buildings, structures, fences or walks erected or
to be erected upon the lands of such cemetery associations
or companies, or upon the lots or plots of any of the pro
prietors, or for the repair, preservation, erection or renewal
of any tomb, monument, gravestone, fence, railing, or other
crection in or around any cemetery lot or plot, or for plant-
ing and cultivating trees, shrubs, Aowers or plants in or
around any such lot or plot, or for improving or embellish-
ing such cemeteries or any of the lots or plots in any other
manner or form consistent with the design and purposes
of such associations and companies, according to the terms
of such grant, devise or bequest.
Passed the House February 15, 1905.
Passed the Senate March 8, 1905.
Approved by the Governor March 9, 1905.
CHAPTER 119.
(H. B. No. 141)
AMENDING ACT OF 1895 RELATIVE TO IMPROVEMENT OF
RIVERS AND STREAMS.
AN ACT to amend Section three of an act entitled, “An act to
,
provide for the organization and incorporation of companies
for clearing out and improving rivers and streams in this
State, and for the purpose of driving, sorting, holding and
delivering logs and other timber products thereon, ixing max.
imum tolls therefor," approved March 18, 1895.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That section three of an act entitled, “An act
to provide for the organization and incorporation of com-
panies for clearing out and iniproving rivers and strcams
in this State, and for the purpose of driving, sorting, hold-
ing and delivering logs and other timber products thereof
(thereon), fixing maximum tolls therefor," approved March
18, 1895, be and the same is hereby amended to read as
follows: Section 3. Any corporation organized for the
purposes mentioned in section one of this act shall, within
SESSION LAWS, 1906.
288
1
ninety days after its articles of incorporation shall have
been filed, proceed to file in the office of the Secretary of Filing of plak.
State a plat or survey of so much of the shore lines of
the waters of the State or of any of the rivers or streams
thereof and lands contiguous thereto as are proposed to be
appropriated for such purposes by said corporation. Such
plat shall be made from the records of the United States in
the office of the Surveyor General of this State, or by a
competent surveyor, after actual survey, from the notes
thereof, and wherever such appropriation is made upon un-
surveyed lands, then by an actual survey made by a com-
petent surveyor. Such corporation may from time to time
whenever it desires to extend its operations to portions of
streams not embraced in its original plat, or to other streams
tributary to the stream or streams described in such original
plat, or any portion of such streams, file additional plats in supplemental
plata.
the office of the Secretary of State, and whenever by reason
of floods or otherwise, the channel of any stream shall be so
changed as to put such streams beyond the limits of said
original plat, or any supplemental or additional plat filed
pursuant to the provisions of this section, such corporation
may file in the office of the Secretary of State supplemental
plats showing the change in said channel which shall vest
it with the same rights that it acquired by the filing of said
original plat.
Passed the House March 3, 1905.
Passed the Senate March 8, 1905.
Approved by the Governor March 9, 1905.
I
|
1
|
|
|
|
i
234
SESSION LAWS, 1905.
CHAPTER 120.
(H. B. No. 336)
FORECLOSURE OF ASSESSMENTS FOR LOCAL IMPROVE-
MENTS IN CERTAIN CITIES.
AN ACT relating to foreclosures of assessments for local im-
provements in cities of the third and fourth classes.
Separato
moito pot
DAGBLATT
Be it enacted by the Legislature of the State of Washington:
SECTION 1. In proceedings brought for the foreclosure
of delinquent assessments for street and local improvements
in cities of the third and fourth classes, it shall not be neces-
sary to bring a separate suit for each separate piece or
parcel of property delinquent, but all or any part of the
property delinquent in any single local improvement district
may be proceeded against in the same action and all or
any of the owners or persons interested in any of the prop-
erty delinquent in any single local improvement district may
be joined as parties defendant in the action to foreclose:
Provided, That in entering judgment, the judgment of the
court shall specify separately the amount chargeable to each
separate piece or parcel of land within such improvement
district for its share of the assessment, interest, penalty and
costs, and the complaint likewise, shall separately state the
amount chargeable to each piece or parcel of land. Where
several owners of distinct parcels of land in the same local
improvement district are joined in the same action to fore-
close and judgment be given against the defendants and
the property, the court shall apportion the costs in a just
and equitable manner against the several owners of the
several parcels of land. In any such action where the own-
ers of any particular parcel or parcels of property included
in such suit, shall suffer a default, the court may enter
judgment of foreclosure and sale as to the owners and
property so in default and order execution thereon, and the
action may proceed as to the remaining defendants and
property. Judgment may be pronounced by the court as
to any distinct parcel of land under separate ownership, and
the court may retain jurisdiction of the case as to the balance.
SEC. 2. Nothing in this act shall be construed as re-
Apportion
mont of contı.
Judgment.
I
1
SESSION LAWS, 1906.
235
pealing, changing or modifying any existing act, charter
or ordinance relating to the enforcement of assessments for
local improvements, but this act shall be construed as an
additional and concurrent remedy.
Passed the House February 27, 1905.
Passed the Senate March 8, 1905.
Approved by the Governor March 9, 1905.
Board of
CHAPTER 121.
(A. B. No. 376)
FOR THE TRANSPORTATION OF CONVICTS, INSANE PER-
SONS, AND INCORRIGIBLES.
AN ACT providing for the transportation of convicts to the
State Penitentiary, transportation of insane persons to the
Hospitals for the Insane, and of incorrigibles to the State
Reform School, repealing laws inconsistent with this act and
declaring an emergency.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. The State Board
The State Board of Control shall havc Supervision of
Control.
charge and supervision of the transportation of convicts to
the State Penitentiary, of insane persons to the Hospitals
for the Insane, and of incorrigibles to the State Reforin
School, and are hereby invested with authority to employ
necessary persons for such purpose. All sums of moncy
appropriated for the transportation of the persons herein-
before mentioned shall be expended under the direction of
the State Board of Control. And the State Auditor shall
draw warrants upon vouchers approved by the State Board
of Control.
SEC. 2. All acts, or parts of acts, in conflict herewith, Repeal.
are hereby repealed.
Sec. 3. The State Board of Control is hereby authorized
to make and promulgate rules and regulations to carry into
effect the provisions of this act.
SEC. 4. An emergency is hereby declared to exist and Emergency.
1
1
i
236
SESSION LAWS, 1905.
this act shall be in force from and after its passage and
approval.
Passed the House March 6, 1905.
Passed the Senate March 9, 1905.
Approved by the Governor March 9, 1905.
1
CHAPTER 122.
(H. B. No. 227)
LICENSING SALE OF SPIRITUOUS OR OTHER INTOXI-
CANTS.
AN ACT relating to the issuing of licenses by counties, cities and
towns for the sale or disposal of spirituous, fermented, malt
or other intoxicating liquors, and providing for the payment
to the State of its proportionate share of the license fee.
Validity of
liconso.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That no license issued by any county, city
or town in the State for the sale or disposal of spirituous,
fermented, malt or other intoxicating liquors shall be valid
until the State's proportionate part of the fee, required to
be paid by such county, city or town, shall have been paid
to the State Treasurer.
Sec. 2. The officer of such county, city or town whose
duty it is to issue such license shall immediately upon issu-
ing such license, transmit the same, together with the
State's proportionate part of such fee to the State Treas-
Duty of state urer, and such Treasurer shall thereupon indorse upon said
license his receipt for said money, under his official seal,
and return said license to the officer transmitting the same
to him.
Passed the House February 15, 1905.
Passed the Senate March 9, 1905.
Approved by the Governor March 9, 1905.
treasuror.
SESSION LAWS, 1906.
237
CHAPTER 123.
(8. B. No. 161)
REAPPRAISEMENT OF TIDE LANDS AT SOUTH BEND.
AN ACT providing for the reappraisement of the tide lands in
front of and adjacent to the city of South Bend, in the County
of Pacific, State of Washington.
report.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That the Board of State Land Commission-
ers shall on or before the first day of September, 1905, make
or cause to be made a reappraisement of all of the tide lanols
of the first class, at, in front of, and adjacent to the City
of South Bend, in the County of Pacific in the State of
Washington, not heretofore conveyed by deed from the
State, the original appraisement of which is disproportionate
to or the value of such tide lands; and such appraisement, In lieu of
original
when made, shall be in lieu of the original appraisement. appraisemont
SEC. 2. Report of the appraisement of the tide lands
herein authorized shall be made in duplicate, and one of
each shall be filed with the State Commissioner of Public Filing of
Lands, and one with the Auditor of Pacific County.
Sec. 3. The owner or owners of land abutting or front-
any of the tide lands herein authorized to be ap-
praised shall have the preferential right for sixty days fol- Preference
lowing the filing of the final appraisement with the State purchase.
Commissioner of Public Lands and County Auditor to apply
for the purchase of all or any portion of the tide lands in
front of the lands so owned.
SEC. 4. The general laws of this State in reference to applicable.
the appraisement and sale of tide lands, when not incon-
sistent with the provisions of this act, shall be applicable
hereto.
Passed the House February 28, 1905.
Passed the Senate March 9, 1905.
Approved by the Governor March 9, 1905.
ing up
t
|
right to
Gonorol law
I
|
1
|
238
SESSION LAWS, 1905.
CHAPTER 124.
(8. Sub. B. No. 212)
REQUIRING CERTAIN WEIGHTS TO BE INCLUDED IN
WEIGHT OF CARS LOADED WITH LUMBER.
AN ACT requiring railroad companies and other common car.
riers to include in the weight of cars used for the shipment
of lumber and other manufactured lumber products the weight
of the standards, supports, strips, railings, chains and other
appliances necessary to the sale carriage of such lumber and
other manufactured lumber products, fixing the weight of
such appliances and the manner of adjusting freight charges
on such shipments, and providing penalties for its violation,
and punitive damages.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. The standards, supports, stays, railings and
other equipments, appliances and contrivances necessary to
effectually and suitably equip and supply every and all fiat
cars, and cars belonging to any and every railroad company,
or other person engaged in the business of carrying for hire
in this State, and which may be furnished on which to load
any lumber or other nianufactured lumber products, shall
constitute and be held and considered part and parcel of
said cars, and the weight of same shall be added to the
weight of the cars, and shall be deducted from the weight
of the cargo of lumber or manufactured lumber products
shipped, so that the freight charges shall be charged by
the carriers only on the cargo carried.
For the purpose of this act, the weight of such
standards, supports, stay's, railings, equipments, chains, ap-
pliances, contrivances, etc., provided for in the first section
of this act, shall be, and the same is hereby fixed at 1000
1000 lbs. to pounds, and in estimating and adjusting the freight charges
on all lumber and manufactured lumber products carried
on cars by a railroad company or other common carrier in
this State, 1000 pounds per car shall in each case be de-
ducted by such railroad company or other common carrier
from the net weight of the lumber and manufactured lum-
ber products so carried upon such car, and freight shall be
charged on the balance only.
SEC. 2.
bo doductod.
SESSION LAWS, 1906.
239
Sec. 3. Any railroad company or other common carrier, Vlolation
and any officer, agent or employee of any railroad company,
or other common carrier, and any and every person violat-
ing any of the provisions of this act, shall be deemed guilty
of a misdemeanor, and upon conviction thereof shall be
punished by a fine of not less than $25, nor more than $100,
for each unlawful act, and the knowledge and acts of agents
or persons employed by corporations in and about the
matters covered by or referred to in the provisions of this act,
shall be held to be the knowledge and acts of such corpora-
tions as well as of such agents and employees.
SEC. 4. If any freight charges are collected contrary to Salta to me
OOVCT abarra
any of the provisions of this act by any common carrier paid.
operating in this State, they may be recovered froni such
common carrier in a suit at law by the person, firm or cor-
poration from whom they were so collected, together with
a sum equal to treble the amount thereof as punitive
damages.
Passed the Senate March 3, 1905.
Passed the House March 9, 1905.
Approved by the Governor March 9, 1905.
CHAPTER 125
(8. B. No. 170)
AMENDING ACT OF 1895 FOR INCORPORATION OF ASSO-
CIATIONS FOR SOCIAL, CHARITABLE AND EDUCA-
TIONAL PURPOSES.
AN ACT to amend section 6 of an act entitled, "An act to pro-
vide for the incorporation of associations for social, charit.
able and educational purposes," approved March 21, 1898.
1
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That section 5 of the act approved March
21, 1895, entitled "An act to provide for the incorporation
of associations for social, charitable and educational pur-
poses," be and the same is hereby amended to read as fol-
lows:
I
I
1
|
|
240
SESSION LAWS, 1905.
Section 5. At such first meeting, including any necessary
or reasonable adjournment, an organization shall be effected
by the choice by ballot of a temporary secretary, and by the
adoption of by-laws, and the election of a president, secre-
tary, treasurer and a board of trustees, not less than three
nor more than twenty-five in number, and such other officers
as may be provided for by the by-laws. At such first meet-
ing no person shall be eligible as an officer or trustee who
has not subscribed to the agreement of the association, but
any corporation now or hereafter organized under this act,
may, by a by-law, increase or diminish the number of trus-
tees, within the limits hereinbefore provided. The temporary
secretary shall make and attest a record of the proceedings
until the secretary has been chosen.
Passed the Senate February 23, 1905.
Passed the House March 8, 1905.
Approved by the Governor March 9, 1905.
CHAPTER 126.
(8. B. No. 03)
REQUIRING WEIGHING OF CARS LOADED WITH LUMBER
AT JUNCTION OR COMMON POINTS.
AN ACT requiring railroad companies to weigh care loaded with
lumber, shingles and other forest products at junction points,
and at some common point or points, and fixing penalty; re-
pcaling Chapter CXLIV, Session Laws of 1901.
Bcales at
functions.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That all railroad companies operating as
common carriers within the limits of this State, shall here-
after be required to provide scales, and weigh at junction
or at some common point within this State all cars loaded
with lunber, shingles or other forest products for shipment.
Sec. 2. All charges for freight on said commodities, ex-
cept where error is apparent, shall be based on the weights
determined by the weighing stations within the limits of
this State, and all bills of lading of railroad companies oper-
ating within the limits of this State shall specify these pro-
Charger
bow based.
1
SESSION LAWS, 1906.
241
visions: Provided, This act shall not apply to switching
charges or to the handling of logs where the charges is by
the car or by the thousand feet.
Sec. 3. Any railroad company's employe acting as Statement of
weigher shall upon request of any shipper give him a state- company.
ment showing gross and net weight of any shipment by
him. Sworn count and weight of shipper shall be pre-
sumptive evidence of true weight where error in railroad
weights is apparent.
Sec. 4. All cars shall be weighed on the scales separately, Separate
and not attached to other cars, and at a stand-still.
weighing.
Sec. 5. In case of violation of the provisions of this act
by any railroad company, it shall pay a penalty of twenty
dollars ($20) for every car it shall neglect to weigh and Penalty for
bill within the State as above provided, to be recovered from
such company in action where there is any agent of such
railroad company who may be served with process, and the
penalties recovered under this act shall be paid into the
county treasury in such county where action is taken.
Sec. 6. Nothing contained in this bill shall interfere
with the right of the shipper and carrier to enter into a
private contract regarding weights when it is inipracticable
to weigh.
Passed the Senate February 27, 1905.
Passed the House March 9, 1905.
Approved by the Governor March 9, 1905.
violation,
1
13
242
SESSION LAWS, 1906.
CHAPTER 127.
(A. $ub. B. No. 70)
AMENDING ACT OF 1901 RELATING TO ASSESSMENTS OF
STATE, SCHOOL AND GRANTED LANDS FOR DRAINAGE
PURPOSES.
AN ACT relating to the payment of assessments made on State,
school, granted or other lands for the purpose of dikes and
drainage, and amending Section twenty-five of an act entitled,
"An act providing for the establishment and construction of
ditches for drainage purposes," approved March 8, 1901, (same
being Section 4594, of Pierce's Washington Code), and mak-
ing an appropriation therefor and declaring an emergency.
included.
Be it enacted by the Legislature of the State of Washington:
Section 1. That section twenty-five of an act entitled,
"An act providing for the establishment and construction of
ditches for drainage purposes," approved March 8, 1901,
4894 Pierce. (same being section 4594 of Pierce's Washington Code), be
and the same is hereby amended to read as follows: Section
Lands to be 25. All State, school, granted or other lands shall be in-
cluded within the provisions of this act, and whenever any
such land will be benefitted by such improvement they shall
be included in the apportionment of the costs of the im-
provement. When an assessment has heretofore been made
or is hereafter made against any such land for such in-
provement it shall be assessed according to the subdivision
thereof and such land thereby placed upon the tax rolls the
same as other land. Should such State land not be sold by
the State before any assessment heretofore or hereafter made
becomes delinquent then the Commissioner of Public Lands
Pald out of shall direct thc paynient of such tax out of the general fund
gonoral fund.
of the State treasury, and on the tax rolls shall be entered
opposite said tax the words "charged to the State revenu:
fund." The valuation of said State land benefitted by said
Valuation, not improvement shall not be raised by or on account of said
to be faisod.
improvement and when any of said land is offered for sale
there shall be added to the appraised value for such lands
as provided for by law the aniount of such payments made
by the State out of the general fund, which amount so
added shall be paid by the purchaser in cash at the time of
1
1
1
SESSION LAWS, 1906.
243
the sale of said land in addition to the amount due the State
for said land, and such additional sum shall be turned over
to the State Treasurer and placed to the credit of the gen-
eral fund.
Sec. 2. That in all instances when any assessment here-
tofore made or shall hereafter be made on state, school,
granted or other lands for the purpose of dikes and drain-Dikensad
age, the same shall be collected and paid in accordance with
the provisions of section one of this act.
Sec. 3. That there is hereby appropriated out of the Appropriation.
general fund the sum of $5000 to be applied as provided in
this act for the payment of assessments heretofore or here-
after made upon state, school, granted or other lands. Emergency.
Sec. 4. An emergency exists and this act shall take effect
immediately.
Passed the House February 21, 1905.
Passed the Senate March 9, 1905.
Approved March 9, 1905.
CHAPTER 128.
(O. B. No. 147)
AMENDING ACT OF 1897 PROVIDING FOR THE ASSESS.
MENT AND COLLECTION OF TAXES.
i
1
1
AN ACT entitled an act to amend Section 64 of "An act to pro-
vide for the assessment and collection of taxes in the State
of Washington," approved March 15, 1897.
1
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That Section 64 of “An act to provide for the
assessment and collection of taxes in the State of Washing-
ton," approved March 15, 1897, be and the same is hereby
amended to read as follows: Section 64. The County Audi-
tor shall extend the taxes upon the assessment.books in the Extension
form herein prescribed. The rate per cent. nccessary to raise rolls.
the required amount of the total tax for state, county in-
debtedness, county current expense, road, hridge, school,
special school and incorporated cities, and all other county,
of tas on
I
244
SESSION LAWS, 1906.
school, municipal and State purposes, shall be computed on
the assessed valuation as equalized by the county board of
equalization as a whole, under the head of consolidated tax.
The rate per cent. necessary to raise the required amount of
any special district tax shall be computed as to the attested
valuation of property within such district, as equalized by
the county board of equalization; all taxes assessed against
any property shall be added together and carried to the total
column. In extending any tax, whenever it amounts to a
fractional part of a cent greater than five mills, it shall be
made one cent, and whenever it amounts to five mills or less
than five mills, it shall be dropped. The amount of all taxes
shall be entered in the proper columns, as shown by entering
Consolidated
toy certided the rate per cent. of consolidated tax and of such special tax
at the head of the proper columns, on the first day of each
month the County Treasurer shall distribute pro rata, accord-
ing to the rate of levy for each fund, the amount collected
as consolidated tax during the preceding month, and shall
certify the same to the County Auditor.
Passed the House February 15, 1905.
Passed the Senate March 9, 1905.
Approved by the Governor March 9, 1905.
to auditor.
CHAPTER 129.
(A. B. No. 124)
RELATIVE TO SAVINGS BANKS AND SAVINGS SOCIETIES
AND INSTITUTIONS.
AN ACT in relation to savings banks, savings and loan societies,
and institutions in which deposits of money are made.
Sword state.
modt to sacro.
every two
Joan.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. The cashier or secretary of every savings
tary of stato, bank, and loan society, and every institution in which deposits
of money are made, shall, within fifteen days after the first
day of December, in the year one thousand nine hundred and
five, and within fifteen days of the first day of December, of
each and every second succeeding year thereafter, return to
SESSION LAWS, 1905.
245
the Secretary of State of the State of Washington a sworn
statement showing the amount standing to his credit, the last
known place of residence or postoffice address, and the fact
of death if known to said cashier or secretary of every de-
positor who shall not have made a deposit therein, or with-
drawn therefrom any part of his deposit, or any part of the
interest thercon, for the period of more than ten years next
preceding; and the cashiers and secretaries of such savings
banks, savings and loan societies and institutions for deposit
of savings shall give notice of these deposits in one or more
newspapers published in or nearest to the city, county or
town where such banks are situated at least once a week
for four seccessive weeks, the cost of such publications to
be paid pro rata out of said unclaimed deposits: Provided
however, That this act shall not apply to or affect the deposit
made by or in the name of any person known to the said
cashier or secretary to be living. The Secretary of State Socrotary of
.
state to roport
shall annually turn over all reports made by him to the to attorney
general.
Attorney General for proceedings for forfeiture, if he shall
be so advised.
Sec. 2. Any cashier or secretary of any of the banking
institutions mentioned in section 1 of this act neglecting or
refusing to make the sworn statement required by said sec-
tion I shall be guilty of a misdemeanor and on conviction
thereof shall be fined in any sum not less than fifty dollars Tenalty for
nor more than one thousand dollars or confined in the county
jail not less than ten days nor more than ninety days, or both
such fine and imprisonment.
Passed the House February 15, 1905.
Passed the Senate March 8, 1905.
Approved by the Governor March 9, 1905.
violation.
246
SESSION LAWS, 1906.
CHAPTER 130.
(U. B. No. 170)
AMENDING ACT OF 1893 CREATING A STATE OYSTER
COMMISSION.
AN ACT to amend section 14, Chapter 166, Session Laws 1903,
of an act entitled, "An act to create a State Oyster Commis
sion, to define its duties and powers, to provide for the pro
tection and management of the State oyster land reserved, to
create a fund to be known as the Oyster Fund, providing for
the issue of license to take oysters from the state oyster
land reserves, providing for a penalty for violation of the
provisions of this act, making an appropriation, and declarlag
an emergency."
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That section fourteen of an act entitled, "An
, “
act to create a State Oyster Commission, to define its duties
and powers, to provide for the protection and management of
the State oyster land reserves, to create a fund to be knows
as the Oyster Fund, providing for the issue of license to take
oysters from the State oyster land reserved, providing for a
penalty for violation of the provisions of this act, making
an appropriation and declaring an emergency," approved
March 16, 1903, be amended to read as follows: Section 14.
For the purpose of carrying out the provisions of this act
Appropriation the sum of five thousand dollars, or so much thereof as may
be necessary, is hereby appropriated from the General Fund
of the State into the Oyster Fund: Provided, however, That
within two years from the date of the passage of this act,
the amount hereby appropriated shall be reimbursed by the
Oyster Fund to the General Fund.
Passed the House March 3, 1905.
Passed the Senate March 9, 1905.
Approved by the Governor March 9, 1905.
SESSION LAWS, 1906.
247
CHAPTER 131.
(U. B. No. 313)
EMPOWERING COUNTY COMMISSIONERS TO CREATE GAME
RESERVES ON CERTAIN ISLANDS.
AN ACT granting to Boards of County Commissioners the power
to create game reserves on certain islands within their re-
spective counties, making it unlawful to take game from such
reserves and prescribing a penalty for a violation thereof.
.
1
Be it enacted by the Legislature of the State of Washington:
SECTION 1. The board of county commissioners of any
county within this State may establish game reserves on any
* island within the borders of their respective counties, upon Potition-
petition of two-thirds of the freeholders of any such island
and upon the presentation of a petition signed by two-thirds
of the resident freeholders of any island to the board of coun-
ty commissioners of the county in which said island is situ-
ated. It shall be the duty of such board of county commis- duty of board
sioners to designate a day upon which said petition shall be
heard and to post noticees to this effect in at least three con-
spicuous places on such island; said notices shall be posted at
least ten days prior to such hearing. It may be the privilege
of any resident on such island to appear at such hearing, and
defend or oppose the granting of said petition. It shall be the
duty of the board of county commissioners to pass upon sucli
petition within ten days after the said hearing and if it ap-
pears to them that the said petition is the wish of two-thirds
of the frecholders of the said island it shall be their duty to
make an order and have same entered in the official records
of the board establishing said island as a game reserve.
Sec. 2. A copy of the order of the board of county com- Publication
missioners establishing any island as a game reserve shall order.
immediately after such order is made be published three times
in at least two newspapers of general circulation in the coun-
ty and every person thereafter who shall injure, take, kill
or destroy or have in his possession except for breeding
purposes sell or offer for sale any deer, blue grouse; ruffled
grouse, sharp-tailed grouse, American pheasants, Mongolian
pheasants, golden pheasants, bobwhite quail, or California
I
of board's
1
1
I
!
1
248
SESSION LAWS, 1906.
quail taken from said reserve shall be guilty of a misde-
meanor.
Penalty for
violation.
SEC. 3. Every person convicted of a violation of any of
the provisions of this act shall be punished by a fine of not
less than ten dollars ($10.00) nor more than one hundred
dollars ($100.00) and in default of payment of fine imposed
shall be imprisoned in the county jail of the county wherein
the offense was committed until such fine shall have been
paid at the rate of one day for each two dollars ($2.00) of
fine imposed.
Sec. 4. All money collected from fines for the violation
of the provisions of this act shall be paid into the general
fund of the county for the benefit of the public schools in said
county.
Passed the House March 8, 1905.
Passed the Senate March 9, 1905.
Approved by the Governor March 9, 1905.
Disposition
of ipos
received
•
CHAPTER 132.
(H. B. No. 132)
APPROPRIATION FOR RELIEF OF HENRY SOMMERS.
AN ACT for the relief of Henry Sommers and making an appro-
priation therefor.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That the suin of one hundred and sixty-five
dollars be and the same hereby is appropriated (out of any
money in the State treasury not otherwise appropriated) for
the purpose of reimbursing Henry Sommers for moneys paid
to the State as rent and expended in preparation for his use
and occupation of a tract of land leased to him by the State
of Washington on the twenty-first day of December, 1897,
but which he was prevented from occupying or using by
legal proceedings in the Superior Court on the ground that
the State had no authority to lease said land.
SEC. 2. The State Auditor is hereby authorized and
directed to draw his warrant for said sum upon the State
u
SESSION LAWS, 1905.
249
Treasurer in favor of said Henry Sommers and the State
Treasurer is hereby authorized and directed to pay the same
out of any funds in the State treasury not otherwise appro.
priated, in full settlement of all claims against the State of
Washington.
Passed the House March 3, 1905.
Passed the Senate March 9, 1905.
Approved by the Governor March 9, 1905.
CHAPTER 133.
(H. B. No. 221)
APPROPRIATION TO COVER SUNDRY DEFICIENCIES.
AN ACT making an appropriation for certain deficiencies for the
fiscal period ending March 31, 1905.
|
Bc it enacted by the Legislature of the State of Washington:
SECTION 1. The following sums, or so much thereof as
may be necessary are hereby appropriated out of the general
fund for the purposes hereinafter designated in payment of
deficiencies of the present fiscal period not hitherto provided
for, and the State Auditor is directed to draw his warrants
in payment of the same, on presentation to him of properly
certified vouchers, to-wit:
!
.
I
+
.
Standard Furniture Company, for itting up of the new Capitol
Incidentals
Bullding. carpets, chairs, tables, matting, window shades,
for and
cuspidors, desks, bookcases, etc., for the Chamber of the
maintensao.
of capitol
llouse of Representatives and the Onices of the State Au.
building.
dltor, Secretary of State, Attorney General, Superinten.
dent of Public Instruction, Labor Commissioner, and
Board of Control
$4,566.00
Frederick & Nelson, for carpets, chairs, tables, desks, window
shades and other furniture for the Senate Chamber and
Secretary of State's Omice
2,240.84
1. Harris & Sons, for carpets, window shades and ixtures for
the Secretary of State's Ofice
503.68
Mille & Cowles, for nalls, screws, tacks and hooks for the House
of Representatives and Senate (bambers
7.00
Hugh Koss, for palots, oils, brushes, sponges, soap, etc., for
the House and Senate Chambers
39.05
Marion E. Giles, for paipting signs, door panel and wood work
in the Senate Chamber
21.00
Mills & Cowles, for locks, castors, door checks, screws and
screw eyes, etc., for the Senate Chamber
87.26
•
|
1
|
|
1
!
|
250
SESSION LAWS, 1905.
1,888.00
16.85
804.96
204.20
870.25
120.00
200.00
M. O'Connor, for tables, chairs, cortalas, desks, etc., for sen-
ate Chamber and Committee Rooms
G. H. Gorman & Co., for repairs to locks and key work in
Senate Chamber
D. C. Bates Furniture Company, for furniture for Committee
Rooms for the House and Senate
M. O'Connor, furniture Senate Rooms
Olympia Door Company, material for Sepate additions, doors
and repairs
Dedciency appropriations for expert testimony of architects
in the Goss Construction Co. 73. tbe State of Washington,
in soit conducted by Attorney General Stratton...
Defciency appropriation for the State Dairy Food and 011
Commission, months of February and March, 1905..
Maintenance of Capitol building for month of January, paid
by the Capital National Bank
For January not paid Olympia Water Works.
For January not paid Light & Power Co., for lightlog vaults..
For month of February pay roll paid by Capital National
Bank
Wood not paid for
Olympia Water Works, water not paid
Washington Rubber Co.
Olympia Light Co., for 11gbt lo vaults
Kilbourne Glowers, for lighting Capitol
March Food account
Drayage
Pay roll
833.81
66.25
10.70
.
1,162.50
292.60
69.00
4.89
17.30
4.30
81.84
3.60
850.00
.
.
t
Passed the House March 9, 1905.
Passed the Senate March 9, 1905.
Approved by the Governor March 9, 1905.
CHAPTER 134.
(H. B. No. 254)
PROVIDING A CLOSED SEASON FOR CRABS.
AN ACT to provide for a closed season for crabs in the State of
Washington, to prohibit the sale or canning thereof, and fix.
ing a penalty for the violation thereof.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That it shall not be lawful for any person or
persons, firm or corporation, or any person whatsoever, to
take or fish from any of the waters of the State of Washing-
ton, or have in their possession after the same has been taken,
for the purpose of sale or canning, any crab during the
months of July, August and September, of each year.
For sale or
Canning
SESSION LAWS, 1905.
251
am
SEC. 2.
It shall not be lawful for any person or persons, Limit of slse.
firm or corporation, to take or have in their possession, for
the purpose of sale or canning, where it is lawful to sell and
can the same, any female or any male crab measuring less
than six inches across its back.
Sec. 3. Any person violating section one or two of this Penalty.
act shall be deemed guilty of a misdemanor and upon con-
viction, shall be fined in any sum not less than ten nor more
than one hundred dollars.
Passed the House February 28, 1905.
Passed the Senate March 8, 1905.
Approved by the Governor Varch 9, 1905.
a
CHAPTER 135.
(11. B. No. 208)
PROVIDING FOR PURCHASE OF LAND ADJOINING STATE
REFORM SCHOOL.
AN ACT to provide for the purchase of additional land adjoining
grounds upon which is located the buildings of the State Re-
form School and making an appropriation therefor.
Be it enacted by the Legislature of the State of Washington:
SECTION I. That there be and is hereby appropriated out Appropriation
of the general fund in the State treasury, not otherwise ap-
propriated, the sum of $10,000, or so much thereof as may
be necessary, for the purchase of one hundred ten acres, more
or less, of land adjoining the grounds upon which is located
the buildings of the State Reform School.
Sec. 2. The State Board of Control is hereby authorized Authority of
Board of
and empowered to negotiate and purchase said tract of land Control.
in accordance with the provisions of this act.
SEC. 3. The State Auditor upon the presentation of the
vouchers from the Board of Control is hereby authorized to
draw a warrant upon the general fund of the State of Wash-
ington for such sum or sums and the State Treasurer is
hereby authorized and directed to pay such warrant or war-
rants.
Passed the House March 7, 1905.
Passed the Senate March 9, 1905.
Approved by the Governor March 9, 1905.
1
:
:
1
252
SESSION LAWS, 1905.
CHAPTER 136.
(H. B. No. 297)
REVENUE AND TAXATION.
AN ACT relating to revenue and taxation,
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That the county treasurer of each county
shall carry forward to the current tax roll a memorandum
of all delinquent taxes on each and every description of prop-
erty, and enter the same opposite the property upon which
the said taxes are delinquent, in a column provided for that
purpose, showing the amounts for each year.
SEC. 2. The owner or owners of property against which
there are delinquent taxes, shall have the right to pay the
Ourrent tax. current tax without paying any delinquent taxes there may
be against said property: Provided however, That in issuing
a receipt for such current tax the county treasurer shall
endorse upon the face of such receipt a memorandum of all
delinquent taxes against the property therein described,
showing the year for which said tax is delinquent and the
amount of delinquent tax for each and every year.
Passed the House February 28, 1905.
Passed the Senate March 9, 1905.
Approved by the Governor March 9, 1905.
CHAPTER 137.
(H. B. No. 135)
CREATING A PUBLIC HIGHWAY FUND.
AN ACT creating a fund to be known as the Public Highway
Fund and making provisions for an annual levy to produce
revenue therein for the construction and repairs of highways
and bridges.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. There is hereby created a fund to be known
as the Public Highway Fund.
SESSION LAWS, 1906.
1
258
Sec. 2. For the purpose of raising revenue to repair and
construct highways and bridges, the proper State officers
shall levy and collecte a tax of one-fourth of one mill
% of 1 mill.
upon
all the property in the State subject to taxation for the fiscal
year commencing March 1, 1906, and for each fiscal year
thereafter. That the funds provided by such levy shall be
placed in said Public Highway Fund.
Passed the House February 15, 1905.
Passed the Senate March 8, 1905.
Approved by the Governor March 9, 1905.
CHAPTER 138.
(H. B. No. 256)
TRANSPORTATION TO THEIR HOMES OF NON-RESIDENT
INSANE PERSONS.
AN ACT to provide for the sending of non-resident insane per.
BODs to their places of residence at the expense of the State.
1
+
Be it enacted by the Legislature of the State of Washington:
SECTION 1. Whenever any person shall be found by the
superior court of any county to be insane, and a fit subject
for custody and treatment in the hospital for the insane, and
such person has no legal residence within this State, such
person shall be sent at the expense of the State, to the place
where such person belongs in every case where such place
of residence can be ascertained. And it shall be the duty of
the superior court at the time of the inquest to ascertain
the place where such person belongs when the same can be
conveniently done. The sheriff of the county shall convey
such person to the place where he belongs, and shall charge
the same fees for such services as he is now allowed by law
for the transportation of patients to the hospital for the
insane, which shall be paid out of the State treasury.
Sec. 2. All laws and parts of laws in conflict with this Repeal.
act are hereby repealed.
Passed the House February 28, 1905.
Passed the Senate March 9, 1905.
Approved by the Governor March 9, 1905.
254
SESSION LAWS, 1905.
CHAPTER 139.
(H. B. No. 367)
CHANGING NAME OF SCHOOL FOR DEFECTIVE YOUTH.
AN ACT to change the name of the State Institution located at
Vancouver, Washington, from "State School for Detective
Youth" to "State School for the Deaf and the Blind."
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That the name of the State institution located
at Vancouver, Clarke County, Washington, now known as
the State School for Defective Youth, is hereby changed to
the State School for the Deaf and the Blind, by which name
said institution shall hereafter be called and known.
Passed the House March 8, 1905.
Passed the Senate March 9, 1905.
Approved by the Governor March 9, 1905.
CHAPTER 140.
(H. B. No. 216)
AMENDING ACT OF 1899 RELATIVE TO PROPAGATION OF
FOOD FISHES.
AN ACT to amend Sections four and pine of an act of the Legis.
lature of the State of Washington, approved March 13, 1899,
entitled, "An act providing for the protection and propagation
of the food fishes in the waters of the State of Washington,
regulating the catching and sale thereof, establishing licenses,
fixing penalties, repealing conflicting laws, and declaring an
emergency," and declaring an emergency.
Be it cnacted by the Legislature of the State of Washington:
SECTION 1. That section four of an act of the Legislature
of the State of Washington, approved March 13, 1899, and
entitled "An act providing for the protection and propagation
of the food fishes in the waters of the State of Washington,
regulating the catching and sale thereof, establishing licenses,
I
i
SESSION LAWS, 1906.
255
right anglou.
fixing penalties, repealing conflicting laws, and declaring an
emergency," be, and the same is, hereby amended to read
as follows: Section 4. No lead of any pound net, trap, fish
wheel or other fixed appliance used or operated in the waters
of the Columbia river or its tributaries, Willapa Harbor or
Grays Harbor in this State for catching salmon shall exceed
eight hundred feet in length, and in the waters of Puget Size of Deta
Sound two thousand five hundred feet in length. There
shall be an end passage way of at least thirty feet, and a
lateral passage way of at least nine hundred feet, between
all pound nets, traps, weirs, fish wheels or other fixed appli-
ances hereafter constructed and placed within the waters of
the Columbia river and its tributaries, Willapa Harbor and
Grays Harbor within this State, and there shall be an end
passage way of at least six hundred feet and a lateral passage
way of at least twenty-four hundred feet between all pound
nets, traps, weirs or other fixed appliances hereafter con-
structed and placed within the waters of Puget Sound in
this State. For the purpose of determining end passage
ways, base lines shall be drawn at right angles with the Base lino at
general course of locations first originally established and
intersecting the ends thereof, and the end passage ways shall
be measured at right angles from such base lines: Provided,
This amendment of section four shall not affect any locations
lawfully existing under previous statutes when this act takes
effect; and any or all such fishing appliances may be main-
tained upon such existing locations as though this act had
not been passed, or they may be changed to conform to the
provisions hereof as to end passages at the option of the
location owners and holders thereof.
Sec. 2. That section nine of said act be, and the same is,
hereby amended to read as follows: Section 9. Every per-
son, firm or corporation who at the time this act takes effect
shall be lawfully occupying any set net, pound net or fish
trap location in the waters of Puget Sound in the State
of Washington under any provisions of the statutes of this
State, or who thereafter may desire to so occupy any unoc-
cupied or unclaimed fishing location where it may be lawful
to construct a set net, pound net or fish trap in said waters,
shall within sixty days after this act takes effect in the case
of existing locations, and at the time they are sought to be
made in the case of new locations, cause all such locations
to be accurately surveyed by a competent civil engineer, logatione,
SEC
Survey of
256
SESSION LAWS, 1906.
whero Alod.
unless such like survey thereof of any location has already
been made, in which case such existing survey may be used;
and such occupant or claimant shall cause a location map
to be made of each fishing location from the actual survey
thereof, said map to contain a plat and description of said
fishing location sufficient for its ascertainment and identifica-
tion on the premises; such map must be certified by the
engineer who made the survey, to be a true and correct map
of the fishing location as shown, which is platted thereon
from his survey thereof, made on behalf and at the request
to contain of the occupant or claimant (naming him). Such map shall
also contain a certificate of the occupant or claimant of said
location, stating that he claims the fishing location shown
on the map, and specifying the date and number of the license
under which said location is held; such last mentioned certifi-
cate may be signed by the occupant or claimant or by his
agent or attorney in his behalf, and shall contain the post-
office address of the occupant or claimant. Such map with
the certificates thereon shall be filed in the office of the coun-
ty auditor of the county in which such fishing location is
situated, and shall from the date of its filing constitute full
and complete notice that the location shown upon said map
is owned, held, occupied and claimed by the person, firin
or corporation designated thereon as occupant or claimant.
A duplicate copy of such map shall also be filed (for informa-
tion only) with the Fish Commissioner of the State of Wash-
ington, or of the district within which such location is
Daty of situated. And it shall be the duty of all county auditors
saditors and and fish commissioners, in whose office any such maps may
be offered for filing, to receive and safely keep same on file
in their respective offices. They shall also keep a proper
and convenient index of all such maps, showing the time and
dates of the filing, the names of the occupants or claimants
on whose behalf such maps are filed, and the serial numbers
of the maps in the order filed, all of which must be endorsed
on the respective maps when filed; but no informality or
omission on the part of any such public officer shall impair
or prejudice the rights of any occupant or claimant of or
to any such fishing location. Every person, firm or corpora-
.tion being the owner, holder or occupant of any one or more
existing set net, fish trap or pound net locations when this
act takes effect, shall have the exclusive and preference right
right to slo
for ninety days thereafter within which to file such maps
county
dih com.
minionor.
Protorenco
mape.
SESSION LAWS, 1905.
257
license to be
with the respective county auditors. From and after the
filing of any such map in the office of any county auditor,
the occupant or claimant of the fishing location thereon
shown, and his heirs, successors and assigns shall have the
exclusive right to occupy, maintain and fish such location,
to renew the licenses therefor, and to mortgage, sell and
transfer such right, during such time as he or they shali
comply with the requirements of the laws of the State of
Washington, pertaining thereto in other respects. It shall
not be necessary hereafter to drive any location piles to indi- Location
pilesnot
cate fish traps or pound net locations within the waters of necessary.
Puget Sound in the State of Washington, and all such exist-
ing piles shall be removed from such location by the owners
and occupants thereof, within ninety days from the date this
act takes effect. Upon the construction of any fish trap or
pound net, the number of the license under which same is Sumber of
held shall be posted in a conspicuous place thereon and there posted.
maintained until such trap is removed: Provided however,
If the locator fails to construct his appliance during the
fishing season covered by his license, said location shall be
deemed abandoned. At the close of each annual fishing
season on Puget Sound the owner and holder of each set
net, fish trap or pound net shall remove from the location
all piles and structures of every kind. Locations for drag Drag seinos.
seines may be made by driving a substantial stake or erecting
a pernianent monument at each end of the location claimed
and posting thereon the number of the license under which
such drag seine is operated: Provided, That no seine loca
tion the title to which is in the State shall occupy a greater
space than twice the length of the seine covered by above
license. Locations for set nets may be made by erecting a Sot Dota.
permanent monument near or securely anchoring a buoy on
the location claimed, upon which shall be posted the number
of the license under which such set net is operated : Pro-
vided, There shall be a lateral passage way of at least three
hundred feet and an end passage way of thirty feet between
all set nets. No fishing appliance or device of any kind
whatsoever located or used upon any streams or rivers of
this State shall, either by a lead or any parts of said appliance
occupy more than one-third of the width of such streams or Space to be
occupied
rivers: Provided howerier, That in the Columbia river and limited.
its tributaries, Willapa Harbor and its tributaries, Grays
Harbor, and its tributaries, any person or corporation, after
1
1
1
1
|
1
1
14
258
SESSION LAWS, 1905.
!
first having obtained a license as provided for in this act,
shall indicate locations for traps or pound nets made under
such license, by driving at least three substantial piles there-
on, which must extend not less than ten feet above the sur.
face of the water at high tide, one of said piles to be driven
at each end of the location claimed, and upon said terminal
piles there must be posted the license number, and if the
locator fails to construct his appliance during the fishing
season covered by his license, said location shall be deemed
Description. abandoned. After any such trap or pound net has been
located, the owner thereof may file a description thereof
sufficient for identification with the fish commissioner, and
shall thereafter have the exclusive right to fish such location
and to sell and transfer such right during such tinie as the
locator or owner of such right shall comply with the require-
ments of the law pertaining thereto in other respects. Loca-
tions for drag seines may be made by driving a substantial
stake or erecting a permanent monument at each end of the
location claimed and posting thereon the nuniber of the
license under which such drag seine is operated: Provided,
That no seine location the title to which is in the State shall
occupy a greater space than twice the length of the seine
covered by above license. Locations for set nets may be
made by erecting a permanent monument or securely an-
choring a buoy on the location claimed, upon which shall be
posted the number of the license under which such set net
Lateral pas is operated: Provided, There shall be a lateral passage way
of at least three hundred feet and an end passage way of
thirty feet between all set nets. No fishing appliance or
device of any kind whatsoever located or used upon any
streams or rivers of this State shall, either by a lead or any
parts of said appliance occupy more than one-third of the
width of such streams or rivers.
Emorgoncy.
Sec. 3. An emergency exists and this act shall take effect
immediately.
Passed the House March 3, 1905.
Passed the Senate March 8, 1905.
Approved by the Governor March 9, 1905.
.
Hugo wayı.
a
SESSION LAWS, 1905.
259
CHAPTER 141.
(H. B. No. 330)
PROHIBITING COMBINATION OF POISONOUS SUBSTANCES
WITH BREAD, ETC.
AN ACT in relation to poisons and prohibiting the combination
of poisonous substances with crackers, bread or other prepa-
rations in any manner resembling or in similitude of any
edible product and prescribing penalties for its violations.
.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. It shall be unlawful for any person to sell,
offer for sale, use, distribute, or leave in any place, any
crackers, biscuit, bread or any other preparation resembling
or in similitude, of any edible product, containing arsenic,
strychnine or any other poison.
SEC. 2. Any person violating the provisions of this act Penalty.
shall upon conviction be punished by a fine of not less than
ten ($10.00) dollars nor more than five hundred dollar3
($500.00).
Passed the House March 6, 1905.
Passed the Senate March 9, 1905.
Approved by the Governor March 9, 1905.
!
260
SESSION LAWS, 1905.
CHAPTER 142.
(8. B. No. 226)
AMENDING CODE OF PUBLIC INSTRUCTIONS TO ESTAB-
LISH A UNIFORM SYSTEM OF PUBLIC SCHOOLS.
AN ACT to amend sections 77, 78, 92, 96, 97, 119 and 120 of an
act entitled, "An act to establish a general uniform system of
public schools in the State of Washington, and repealing
Chapter VI of Title III, Chapter VII of Title V, all of Title X
except Chapter XVII, Chapter IV of Title L, all being of Vol-
ume I of Hill's Annotated Statutes and Codes of Washington;
also repealing all amendments thereto; also repealing an act
entitled 'An act concerning the formation of new school dis-
tricts, changing the boundaries and transferring territory
from one district to another,' approved March 9, 1893; also
repealing an act entitled, 'An act to provide for the manage
ment and control of state normal schools in the State of
Washington,' approved March 10, 1893, and all amendments
thereto; also repealing an act entitled, 'An act granting to
school districts the right to purchase school house sites of
school lands belonging to the State of Washington of not less
tban one acre and not more than five acres, and granting to
school districts the preference right to purchase such sites,
and declaring au emergency,' approved February 26, 1895; al.
80 repealing an act entitled, 'An act relating to the indebted-
ness of school districts, providing means and methods for
paying and funding the same, and means for validating the
same or any part thereof incurred in excess of one and one-
ball per centum of the taxable property of the school district
without the assent of three-Afths of the voters of the school
district voting at an election held for that purpose, and de.
claring that an emergency exists for the taking effect of this
act on its passage and approved by the governor,' approved
March 1, 1895; also repealing an act entitled, 'An act to pro-
vide for the formation of joint school districts, and to pre-
scribe the minimum number of school children required for
the formation of new school districts, and declaring an emer-
gency,' approved March 13, 1895; said act of which this act
is amendatory, being known and cited as the Code of Public
Instruction of the State of Washington, and being Chapter
CXVIII of the Session Laws of 1897, approved March 19, 1897.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That Section seventy-seven of the Code of
Public Instruction of the State of Washington be amended to
Distriot oloc.
tion
Hogwhen read as follows: Section 77. The regular district election in
hold.
SESSION LAWS, 1905.
261
each district contemplated by this chapter shall be held upon
the first Saturday of December (formerly November) in
each year, beginning with the year 1903.
The board of
directors shall cause written or printed notices to be posted,
specifying the day and place of such election, and the time
during which the ballot box will be kept open; not less,
Notion
however, than six hours. Said notices shall be posted in at
least one place in each ward in the district at least twenty
days previous to the time of election. Said notices shall also
be published three times in two daily papers published in the
district, and if there be no daily or dailies, then in the weekly
paper or papers in three regular issues next preceding the
day of such election. If the board of directors fail to give
notice at such time, as herein provided, then any five legal
voters residing in the district may give such notice over their
own names, and such election may be held after the day fixed
by this title for such election. All elections shall be by
official ballot and in the absence of any notice specifying the
hour, the ballot box shall be opened at one o'clock P. M.
and be closed at eight o'clock P. M. The official ballot shall Bellote.
be printed and furnished by the board of directors, and shall
contain the names of all candidates whose names have been
presented by petitions filed with the secretary of the board
not less than ten days before the day of election. The names
of no other candidates shall appear upon said official ballots,
and no other ballots shall be received or counted.
SEC. 2. That Section seventy-eight of said Code of Pub-
Sec
lic Instruction be amended to read as follows: Section 78.
The board of directors shall, at a regular meeting, provide
not more than two voting places in each ward of the city, and Polling places.
appoint judges and clerks of election, who shall observe and
cause to be observed at such election all the election laws of
the State applicable thereto not otherwise provided for: Pro-
rided, That only those persons, male and female, who have
complied with the laws governing registration in cities, of
the class for which this section provides, shall be permitted Eligibility to
to vote and that no person shall be permitted to vote at said
election except in the ward in which he or she resides. In
cities of ten thousand or more inhabitants books of registra- Registration.
tion shall be open for the purpose of registration at not more
than two convenient places in the district to be designated by
the board of directors, on each day between the hours of
nine o'clock A, M., and four o'clock P. M., of each day, ex-
262
SESSION LAWS, 1905.
Vacancy in
judgoship.
cept legal holidays, and they shall be closed, and no names
shall be registered therein, during the five days preceding any
general or special election held in such district. The secre-
tary of the board shall give notice of the closing of the
books of registration in his district by a notice published in
a newspaper of general circulation, published in his district,
at least ten days before the day for first closing of said books:
Provided however, That any elector of said district who has
duly registered as a voter at any general election in said
district, shall be allowed to vote at the next succeeding
school election held in the same year without regis-
tration: Provided further, That the city clerk or other
municipal officer in whose custody the registration
books of the general election are kept, shall furnish
to the secretary of the board, on the morning of the day
of any school election, the registration books of said city or a
copy thereof, which said registration books shall be re-
turned within two days after said election. Should any of
the judges be absent at the opening of the polls, the electors
present shall appoint a legal voter, who, upon taking oath,
shall be qualified to fill the vacancy.
Sec. 3. That Section ninety-two of said Code of Public
Instruction be amended to read as follows. Section
92.
Ev-
ery board of directors shall have the power, and it shall be
their duty-
First: To employ a city superintendent of schools of the
district, and for cause to dismiss him; and to fix his duties
and compensation.
Second: To enforce the rules and general regulations of
the Superintendent of Public Instruction and to prescribe a
course of study and a program of exercises which shall be
in harmony with the course of study prepared by the State
Board of Education for the use of the common schools of
this State.
Third: To provide for school furniture and for everything
needed in the school houses.
Fourth: To make necessary by-laws for more effectively
carrying out the provisions of this act, and for facilitating
the work of the board, as required by law.
Fifth: To adopt and enforce such rules and regulations
as may be deemed essential to the well being of the schools,
and to establish and maintain such grades and departments,
including night, high, kindergarten, manual training and
Duties and
power of
board..
City suporia.
tendent.
Rules.
Furnituro,
By.laws.
SESSION LAWS, 1906.
263
industrial schools, and schools or departments for the educa-
tion and training of any class or classes of defective youth,
as shall, in the judgment of the board, best promote the inter-
ests of education in that district.
Sixth: To suspend and expel pupils from school who Sospension of
papile.
refuse to obey the rules thereof.
Seventh: To employ, and, for cause, to dismiss teachers, Teachers.
;
janitors, or other employes; to determine the length of time
over and above eight (8) months that school shall be main-
tained, to fix the time for annual opening and closing of
schools, and for the daily dismissal of primary pupils before
the regular time for closing schools.
Eighth: To provide free text-books and supplies for all Text books.
children attending school, when so ordered by a vote of the
electors; or if free text-books are not voted by the electors,
to provide books for children of indigent parents, on the
written statement of the city superintendent that the parents
of such children are not able to purchase them.
Ninth: To require successful vaccination as a condition Vaccination.
of school membership and to provide free vaccination to all
who are unable to pay for the same.
Tenth: To make, as soon as possible after the close of
the school year, an annual printed report to the taxpayers of Annual
the district, showing in detail the receipts and disbursements
of the school funds.
Sec. 4. That Section ninety-five of said Code of Public
Instruction be amended to read as follows: Section 95. No
school property
perty of any kind shall be sold by the board of
directors without the consent of the district being first ob-
tained, except it be property no longer required for the uses
of the district, the value of which shall not exceed two thou-
sand dollars.
Sec. 5. That Section ninety-seven of said Code of Public
Instruction be amended to read as follows: Section 97. The
board of directors shall annually, at a meeting next preceding
the annual tax levy for State and county purposes, report to
the board of county commissioners an estimate of the amount
of funds in addition to estimated receipts from the State Estimated
tax required for the support of the schools, for the purchase
of school sites, the erection and furnishing of school build-
ings, the payment of interest upon all bonds issued for school
purposes, and the creation of a sinking fund for the payment
report.
!
1
1
i
|
a
|
264
,
SESSION LAWS, 1905.
of such indebtedness, if any, and the county commissioners
are hereby authorized and required to levy and collect said
additional amount the same as other taxes: Provided, That
for the purpose of the purchase of school sites and the erec-
Amount to be tion of buildings, the board of directors may expend in cities
oxpondod.
having a population of more than ten and less than fifty
thousand, a sum not exceeding fifty thousand dollars; in
cities having a population of not less than fifty thousand nor
more than one hundred thousand, a sum not exceeding one
hundred thousand dollars; and, in cities having a population
exceeding one hundred thousand, a sum not exceeding one
hundred and fifty thousand dollars: And, provided further,
That when any greater expenditure shall be required for said
purposes in any one current school year, the question shall
be submitted to a vote of the electors of the district at the
time and place the board of directors may appoint. The
board of directors shall, previous to such election, designate
in at least one daily paper published in the district, if there
be one, if not, then in such weekly papers as may be selected
by the board, the place or places where such an election
shall be held, the locality of the site or sites required and
the proposed cost of the buildings to be erected thereon:
Provided, That the board of directors of any school dis-
Naz condemn trict of this State may proceed to condemn and appropriate
sufficient land for a school house site, not to exceed one acre
in extent; such condemnation proceedings shall be in ac-
cordance with the laws of this State providing for appro-
priating private property for public use.
Sec. 6. That Section one hundred nineteen of said Code
of Public Instruction be amended to read as follows: Sec-
tion 119. When authorized and empowered to issue bonds,
as provided in sections one hundred seventeen and one hun-
dred eighteen of this act, the board of directors shall, within
thirty days after the date of the election, certify the result
led to county to the county treasurer, who shall immediately publish
notice of the sale of such bonds, in at least one
weekly newspaper published at the county seat, if
there be one, for four consecutive issues, and publish such
other notices as the board of directors may require. Said
notices must give the amounts of bonds to be sold, the time
to run, where payable, the option, if any, of the district to
redeem; also naming the hour and day for considering bids,
and asking bidders to name price and rates of interest at
land-wben.
Rasult of
election corti.
trossuror.
SESSION LAWS, 1905.
265
which they will purchase such bonds or any of them. Such
bonds shall be issued in denominations of not less than Bonds.
one hundred nor more than one thousand dollars ($1,000),
and shall contain upon their face the date of issue, the
series of issue, rate of interest, where payable, time to run,
option, if any, of district to redeem, and the printed or
lithographed statement that said bond is issued under the
provisions of this act, and that the whole indebtedness of
said district does not exceed the constitutional limit. Each
bond so issued must be registered by the county treasurer
in a book to be kept for that purpose, which must show the
number, and such data, as is necessary to secure a conplete
record of such bond, series and amount of each bond, the
person to whom the same is issued, name of the district
issuing, together with the names of directors signing the
same; and the said bond shall be endorsed by the treasurer,
with his name and a full statement of the name of the per-
son to whom and when issued, together with the number
and series of said bond.
Sec. 7. That Section one hundred twenty of said Code of
Public Instruction be amended to read as follows: Section
120. At the time named in said notice, it shall be the duty of
said board of directors to mect with the county treasurer at
his office, and with him open said bids and sell said bonds or Bidule of
any portion thereof to the person or persons making the most
advantageous offer: Provided, The bonds shall never be
sold below par, and the board of directors may reject any
and all bids, and within eighteen months proceed to re-
advertise the sale of such bonds as often as may be neces-
sary, until the whole thereof shall be sold; and such board
may also require all persons bidding for said bonds, except
the State of Washington, to deposit one per centum of
the par value of the bonds bid for on depositing with the
treasurer their bids, and if the bidder fails to take and
pay for the bonds for which he bid, in case of their sale
to him, the amount so deposited shall be forfeited to the
school district; otherwise, to be returned to such bidder,
and a resale of such bonds so refused to be taken may be
made as if the bid for the same had been rejected. Upon
the sale of bonds the board of directors shall, within ten
(10) days, or as soon thereafter as practicable, deliver the Delivery of
bonds.
bonds, properly executed, to the county treasurer, taking
his receipt therefor. The county treasurer shall upon
bond..
1
1
1
I
266
SESSION LAWS, 1906.
payment of the price agreed upon, deliver the same to the
person or persons to whom sold, and placing the moneys
arising from such sale to the credit of the special school
fund of the said district. Fees for advertising shall be
deducted from the proceeds.
Passed the House February 20, 1905.
Passed the Senate March 3, 1905.
Approved by the Governor March 9, 1905.
CHAPTER 143.
(8. B. No. 244)
ADMISSION IN EVIDENCE OF TAX DEEDS.
AN ACT relative to the admission in evidence of tax deeds. .
Be it enacted by the Legislature of the State of Washington:
SECTION 1. Whenever it shall be necessary in any action
in any court of law or equity, wherein the title to any real
estate is in controversy, to prove the conveyance to any
county of such real estate in pursuance of a foreclosure of a
tax certificate and sale thereunder, a copy of the tax deed
issued to the county containing a description of such real
estate, exclusive of the description of all other real estate
therein described, certified by the county auditor of the county
wherein the real estate is situated, to be such, shall be admit-
ted in evidence by the court, and shall be proof of the con-
veyance of the real estate in controversy to such county, to
the same extent as would a certified copy of the entire record
of such tax deed.
Passed the House March 3, 1905.
Passed the Senate March 9, 1905.
Approved by the Governor March 9, 1905.
SESSION LAWS, 1906.
267
CHAPTER 144.
(H. B. No. 7)
AUTHORIZING ASSESSMENTS FOR LOCAL IMPROVEMENTS
OF STATE LANDS WITHIN LIMITS OF INCORPORATED
CITIES AND TOWNS.
AN ACT authorizing the assessment for local improvements of
certain lands owned by the State of Wasbington and situated
within the limits of incorporated cities or towns, and also
authorizing such assessment of leasehold, contractual or pos
8C8sory interests in certain other lands owned by the State
eltuated within such cities or towas and which have been
leased, or are held under contracts for the purchase thereof.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That all leasehold, contractual or possessory
interests in any tide lands owned by the State of Washing-
ton in fee simple (in trust or otherwise), situated within
the limits of any incorporated city or town in this State,
and which have been leased by the State, or which are held
by any person, firm, association, private corporation or
municipal corporation under a contract of purchase froin
the State, may be assessed and charged for the cost of all Costs, how
charged.
local improvements specially benefiting such leasehold, con-
tractual or possessory interest, which may be ordered by
the proper authorities of such city or town; and such lease-
hold, contractual or possessory interest, for all the purposes
of the assessment and collection of the cost of any such
local improvement, shall be treated as the private property
of such lessee or owner of such contractual or possessory
interest: Provided, That the provisions of this section of
this act shall apply only to tide lands: And, provided fur-
ther, That nothing in this section shall be construed to
affect the title of the State, nor shall any lien for such as-
sessment attach to the fee simple title of the State.
SEC. 2.
That all lands other than tide lands held or Tide lands
6x0optod.
owned by the State of Washington in fee simple (in trust or
otherwise), situated within the limits of any incorporated
city or town in this State, may be assessed and charged for
the cost of all local improvements especially benefiting such
1
1
I
1
!
1
1
i
268
SESSION LAWS, 1905.
et
Stato prop:
in adios
tome,
Certifed
statomont to
land..
lands which may be ordered by the proper authorities of
such cities or towns.
Sec. 3. In all local improvement assessment districts in
hold trusted, any incorporated city or town in this State property in such
district, other than tide lands, held or owned by the State
shall be assessed and charged for its portion of the cost
of such local improvement in the same manner as other
property in such district: Provided, That none of the pro-
visions of this act shall have the effect, or be construed to
have the effect, to alter or modify in any particular any
existing lease of any lands or property owned by the State, or
release or discharge any lessee of any such lands or prop-
erty from any of the obligations, covenants or conditions
of the contract under which any such lands or property are
leased or held by any such lessee.
Sec. 4. Upon the approval and confirmation of the as-
commissioner sessment roll for any local improvement ordered by the
of public
proper authorities of any incorporated city or town in this
State, the city or town treasurer shall certify and forward
to the commissioner of public lands of the State of Wash-
ington a statement of all the lots or parcels of lands (other
than tide lands), held or owned by the State, and charged
on such assessment roll for the cost of such local improve-
ment, separately describing each such lot or parcel of the
State's land, with the aniount of the assessment charged
against it; the commissioner of public lands shall charge
against each such lot or parcel of land owned or held by
the State, the amount of the local assessment so certified
by the city or town treasurer, and shall then certify said
statement to the state auditor, who shall, at the next ses-
sion of the Legislature, certify to the Legislature the
amount of such local assessments charged against such land
of the State, and the Legislature shall provide for the pay-
ment of the same, with interest, by appropriation out of the
general fund of the State.
SEC. 5. When any land, other than tide land, owned or
held by the State within incorporated cities or towns in
this State, against which local improvement assessments
have been paid as provided for by the provisions of sections
two, three and four of this act, is offered for sale, there shall
be added to the appraised value of such land, as provided by
law, the amount of the local improvement assessments paid
by the State, which amount so added shall be paid by the
,
Auditor's
cortiacate to
logislaturo.
liand, odered
for sale.
SESSION LAWS, 1905.
269
purchaser in cash at the time of the sale of said land, in
addition to the amounts otherwise due to the State for said
land, and no deed shall ever be executed until such local
assessment has been paid.
SEC. 6. The provisions of this act shall apply to all
municipal corporations, and charter or ordinance provisions
to the contrary notwithstanding
Sec. 7. Nothing in any of the provisions of this act shall Existing
have the effect, or be construed to have the effect, to alter frosted
horoby.
or modify in any particular any existing lease of any lands
or property owned by the State or any contract to purchase
from the State any of its land or property, or any agree-
ment under which any possessory or contractual interest in
any lands of the State may be owned or held by any person,
firm, association, private corporation or municipal corpora-
tion, or to waive, release or discharge any covenant, stipu-
lation or obligation of any such lease, contract or agree-
ment, and whether the lands involved be tide lands or other
lands.
Passed the House January 30, 1905.
Passed the Senate March 8, 1905.
Approved by the Governor March 9, 1905.
CHAPTER 145
I
(FI. B. No. 188)
AMENDING ACT OF 1903 FOR ASSESSMENT AND COLLEC.
TION OF TAXES IN CITIES OF THIRD AND FOURTH
CLASS.
AN ACT to amend Section six of "An act to provide for the as.
sessment and collection of taxes in municipal corporations of
the third and fourth class in the State of Washington and de
claring an emergency," approved March 9, 1893.
1
1
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That Section six of "An act to provide for
the assessment and collection of taxes in municipal corpora-
tions of the third and fourth class, in the State of Wash-
ington and declaring an emergency," approved March 9,
1
:
1
1
1
270
SESSION LAWS, 1906.
1893, be and the same is hereby amended to read as fol-
lows: Section 6. As soon as the county auditor has com-
pleted the changes ordered by the state board of equaliza-
tion, he shall forthwith notify the clerk of said corporation
of the total assessed valuation of the property situated in
such corporation as equalized by said state board, and the
proper officers of shch corporation shall forthwith proceed to
Certifed lovy, fix and determine their levy for municipal purposes for
such year, which levy shall immediately be certified to said
county auditor, under the hand and seal of the clerk of
said corporation. The county auditor shall thereupon ex-
tend said tax upon the property shown by such assessment
roll to be within such corporation as fixed by such levy,
at the same time and in the same manner as he extends
the general county and State taxes, and deliver said roll
to the county treasurer.
Passed the House February 15, 1905.
Passed the Senate March 9, 1905.
Approved by the Governor March 9, 1905.
CHAPTER 146.
(8. Bub. B. No. 240)
REGULATING THE SELECTION OF JURORS IN SUPERIOR
COURTS.
f
AN ACT providing for and regulating the selection of jurors 10
the superior courts of the State; and providing for the ap-
polatment of Jury commissioners, prescribing their duties,
qualifications and compensation, and providing for their re-
moval from oftice; declaring certain violations of this act to
be contempt of court and providing for the punishment thereof
as such; and repealing all laws and parts of laws in condict
therewith.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. The superior court for each county from
Jarors, how the first to fifteenth classes inclusive shall upon the opening
appointed.
of court on the last Saturday in June of each year, by an
order made in open court and entered of record, appoint
|
SESSION LAWS, 1905.
271
.
as jury commissioners two electors of the county chosen
by the court from four recommended by the bar of the
county at a meeting of the bar called by the court for that
purpose; the persons so appointed shall not be of the same
political party; and such court shall cause the persons so
appointed to appear and in open court take, and such court
shall administer to them jointly an oath in the following
form: “You do solemnly swear (or affirm) that you will, Form of ontle
during your term of office, perform the duties of jury com-
missioners faithfully and to the best of your ability; that
in selecting persons to be drawn as jurors you will select
none but persons whom you believe to be of good repute
for intelligence and honesty; that you will select none that
you have been or may be requested to select; and in all
your selections you will endeavor to promote only the im-
partial administration of justice; so help you God."
SEC. 2. The commissioners so appointed shall hold their Term of
office for the terın of one year and until their successors
are appointed and qualified.
SEC. 3. In open court within twenty days in counties Selection of
juron, in
of the first class, and within ten days in counties of the open court
second, third, fourth, fifth, sixth, seventh, eighth, ninth,
tenth, eleventh, twelfth, thirteenth, fourteenth and fifteenth
classes, the commissioners shall select the names of all the
qualified jurors in the county as far as the commissioners
may be able to ascertain the same from the latest tax rolls,
and poll books of the county and deposit the same written
on separate slips of paper of uniform size, shape and color
in a box to be furnished by the clerk of the court for that
purpose. In selecting and depositing such names the said
commissioners shall, in all things observe their oath and
they shall not select the name of any person who is to them
known to be interested in any cause pending in the court
by which such commissioners were appointed. When such
names have been selected and deposited in such box the
jury commissioners shall deliver the box, locked, and the
key thereof, to the clerk of the court by which the com-
missioners were appointed; and such clerk shall at all times
keep such locked box and said key separately in some safe List of
and convenient place in his office. A list of the names so
chosen shall be spread at large upon the journal of the
court and all names subsequently drawn from the box shall
1
1
i
!
1
1
.
Dimos.
1
i
272
SESSION LAWS, 1906.
Juror, bow
drama trom
Lot.
at the time of drawing be compared and checked in open
court with the list as so recorded.
SEC. 4. On the second Saturday in August and on the
second Saturday in each calendar month thereafter except
when the court may be in vacation, the superior court, on
the opening of the court in the forenoon of such day, shall
by an order made in open court and entered of record,
direct to be drawn from such box such number of names
as the judge of said court shall think requisite for the selec-
tion of petit jurors to serve during the ensuing calendar
month, or shall think requisite for any grand jury which
may have been or may be ordered for or during the ensuing
threc calendar months. Immediately upon the making of
such order and before the transaction of any other business,
the jury conimissioners and the clerk of such court, or the
deputy of such clerk, shall assemble in open court, and in
the presence of such persons who may be or desire to be
present, the clerk of such court or his deputy shall be blind-
folded, and thereupon the box containing the names pre-
viously deposited therein by the jury commissioners, or
such of such names as may yet remain in said box, shall
be first well shaken so that the names therein shall be thor-
oughly mixed and said clerk or his deputy blindfolded as
above provided, shall then draw from the box, one name
at a time, the number of names previously ordered by such
court; and the names so drawn shall be entered upon
the journal of the court by the clerk, together with the
certificate of the clerk of the drawing as above provided;
and the names so drawn shall constitute the persons to be
summoned to serve as petit jurors, or as grand jurors, as
may be in accordance with the court's order previously
made; thereupon the clerk shall issue a venire for suin-
moning the said persons as petit jurors, or as grand jurors
as the case may be. At the end of the month's service, unless
sooner discharged by the court, all persons who have served
as petit jurors during the month shall be discharged as
jurors: Provided, That if at any time fixed for such discharge
any of such persons shall be then serving upon the jury
in such court in any cause the trial of which shall not then
be concluded, or upon which such jury may then be de-
liberating, the persons upon such jury shall not be dis-
charged until the conclusion of such trial or of the deliber-
ation of such jury.
Diosbarn
of jurori
SESSION LAWS, 1905.
273
how drawa.
SEC. 5. Whenever the judge of such court shall be of Extra Jarors
opinion that by reason of numerous challenges in any cause,
or for any other reason, there will or may not be sufficient
persons drawn as in the last section provided, to constitute
the necessary jury or juries for the trial of causes in such
court during and before the time for the next drawing of
jurors prescribed in Section 4 of this act, such court may,
by an order made and entered of record, direct the jury
commissioners and the clerk of such court to appear in
open court at a time fixed in such order for the purpose of
drawing as many names from such box as the court may in
said order prescribe ; and thereupon at the time fixed in
said order the said commissioners and the clerk, or the
deputy of such clerk, shall in open court appear, and the
number of names prescribed in said order shall, by said
clerk or his deputy, in the manner prescribed in section 4
of this act be drawn from such box; and thereupon the clerk
shall issue a special venire for the summoning of the per-
sons so drawn to serve as jurors. If for any reason the
names in such box shall be exhausted, or so nearly exhausted
that the number of names prescribed in any order of such
court made, as in this section or in section 4 of this act
provided, can not be drawn therefrom, the jury commission-
ers shall forthwith and in the manner provided in section
3 of this act select and deposit in said box the names of all
the qualified jurors in the county, ascertained in the manner
hereinbefore provided.
Sec
SEC. 6. The clerk of such court shall safely keep said Custody of
box, and the same shall not be unlocked or opened except for ot court.
list, by clerk
the deposit or drawing of names as above required; and any
person opening said box for any other purpose shall be
deemed guilty of a contempt of court, and be punished
summarily by the court by either fine or imprisonment or
both in the discretion of the court.
SEC. 7. It shall not be a cause for challenge to any Escoption, as
juror nor shall any juror be incompetent or excused for to challenge.
the reason that the name of such juror was selected and
deposited in such box by a jury commissioner who was or
is interested as a party or as an attorney or counsel or other-
wise in any action pending in said court or which is to be
or may be tried by or before any jury upon which such jury
is called or chosen.
1
.
1
13
274
SESSION LAWS, 1905.
tion-how
Contempt of
Sec. 8. Any person appointed a jury commissioner who
court, by
jurori.
shall, except for cause deemed sufficient by the court ap-
pointing him, fail to take upon himself said office or fail
or refuse to discharge any of the duties thereof shall be
deemed guilty of contempt of court, and shall be summarily
punished by the court, by fine or imprisonment, or both in
the discretion of the court.
Vacancy la
ofico ol jury
SEC. 9. Should a vacancy occur in the office of jury com-
commissioner, missioner at any time, either by death, resignation or re-
moval or for any cause the court shall fill such vacancy by
appointment as in section 1 of this act provided; and the
person so appointed shall serve during the unexpired term
of his predecessor.
Compensa.
SEC. 10. For the time actually employed in the perform-
paid.
ance of his duties each jury commissioner shall receive five
dollars per day; and each jury commissioner shall present
to and file with the clerk of the court appointing him at
least once in three months an itemized statement of the time
employed together with his claim for compensation therefor
at the rate aforesaid, which bill shall be verified by the oath
of such commissioner that the same is true and correct, and
has not been paid; and thereupon such bill or statement
shall be presented to the judge of the court appointing such
commissioner, either in open court or inchembers, and if
said bill or statement appears to said judge to be correct
he shall endorse thereon his approval signed by him as such
judge, and thereupon the same shall be paid in the like
manner as the fees of jurors are or may be paid.
SEC. II. By stipulation or agreement between the par-
tics to any action pending in such court, made in open
court and entered upon the minutes of journal thereof, or
made in writing and signed by such parties or by their
attorneys of record and filed with the clerk of such court,
and if such court shall consent to and approve of such
agreement or stipulation, the court may at any time order
Opon copre, an open venire or venires to be issued by the clerk of such
for potit
jarors. court summoning persons to serve as petit jurors in said
cause pending between said parties; or, upon such agree-
ment or stipulation made as in this section provided, and
approved by the court, the court may order the sheriff to
summon from the bystanders a sufficient number of persons
to fill up any petit jury then being selected in said cause
between such parties; Provided, however, that persons
a
SESSION LAWS, 1906.
275
missioner
selected upon any such open venire, or in such manner sum-
moned from the bystanders shall be subject to challenge in Challenge.
the same manner and for the same causes as persons other-
wise selected for jurors and previous service on petit jury
within the two years last preceding shall be a ground of such
challenge.
Sec. 12. If at any of the times prescribed in this act, or Jury, com-
fixed in any order of the court made pursuant to this act pro tempore.
for the drawing from such box of the names of persons to
serve as jurors, and jury commissioners shall be absent,
the court shall immediately by order made and entered of
record appoint some other person to serve as jury commis-
sioner pro tempore in the place of such absent jury commis-
sioner; and thereupon such jury commissioner pro tempore
shall first take the oath and be sworn as in section I of this
act provided, and shall then discharge the duties of the office
during the absence of the jury commissioner; and such
jury commissioner pro tempore shall be entitled to payment
for his services at the same rate and in the same manner
prescribed in this act for the payment of jury commission-
ers; and such absent jury commissioner shall not be entitled
to payment for such time; and such court may at any time
thereafter require, such absent jury commissioner to give
an excuse for his absence upon the penalty of being removed
from his office for failure to excuse his absence.
SEC. 13. The superior court appointing any jury com-
missioner may at any time for cause deemed by such court
sufficient, remove any such jury commissioner from his Removal of
office: but such court shall first by order require such jury ers for cran..
commissioner to show cause why he should not be removed,
and in such order set forth the alleged cause for which it is
proposed to remove such jury commissioner, and shall first
give such jury commissioner a hearing thereon in open
court. If after such hearing the court shall think proper
to remove such jury commissioner the court shall make
and enter an order of record removing such commissioner,
which order shall state the cause of such removal.
Sec. 14. When, pursuant to any statute of this State, Procedure in
there is elected but one judge of the superior court in and certain
for two or more counties, the superior court of any such
county may by an order made and entered of record direct
that until such order be altered or revoked, the drawing
from such box of the names of persons to serve as jurors in
1
commission
.
1
1
276
SESSION LAWS, 1906.
that court shall take place in the court room in such county
and not in open court and without the presence of the judge;
and while such order remains in force the drawing shall be
made accordingly; but the names of the persons drawn shall
nevertheless be entered upon the journal of such court, to-
gether with the clerk's sertificate prescribed in section 4 of
this act, and the judge of the superior court for any such
county may, while he is within or without such county,
make in writing and sign the order prescribed in said section
4 for drawing persons to serve as jurors; but he shall then
forward such order to the clerk of such court in time to
reach such clerk on or before 10 o'clock A. M. of the last
Saturday in the current month; and such drawing shall then
take place at said hour on said Saturday. If at the time when
the said judge would otherwise make said order, it appears to
the judge of said court that no jury will be needed in the
ensuing month, the judge may omit said order and no jury
need be drawn for such ensuing month.
SEC. 15. All juries in any of the superior courts in this
State in counties of the first fifteen classes, whether grand or
petit and whether in special proceedings or otherwise, shall
be selected as in this act provided.
Sec. 16. All acts or parts of acts inconsistent herewith
are hereby repealed.
Passed the Senate February 28, 1905.
Passed the House March 8, 1905.
Approved by the Governor March 9, 1905.
Counties of
16th class.
Reposl.
SESSION LAWS, 1906.
277
CHAPTER 147.
(S. B. No. 180)
ESTABLISHING A LICENSE FOR HUNTERS.
AN ACT establishing bunters' licenses, providing for the dis-
position of moneys collected under the provisions thereof,
creating a State fund and fixing penalties for its violation.
Be it cracted by the Legislature of the State of Washington:
SECTION 1. It shall be unlawful for any person to hunt
for, pursue, catch or kill any of the game animals or birds
protected by the laws of this State during the open season
when it is lawful to kill the same, without such person have
in his possession at the time of such taking, catching or
killing a license therefor, duly issued to him by the auditor
of one of the counties of this State or by the state auditor.
The county auditor of each county in the State of Wash-
ington, upon the payment of one dollar by any resident of License too.
this State, five dollars by any non-resident of this State
or fifty dollars by any non-resident alien, shall issue to
such person a license, which said license shall entitle the
holder to hunt for, take, catch or kill any of the game
animals or birds protected by the laws of the State of
Washington within the county where such license is issued,
during the open season, when it is lawful to kill the same,
for the term of one year, in any lawful manner; and the
state auditor, upon the payment of five dollars by any resi-
Non resident
dent of this State, ten dollars by any non-resident of this aliens.
State, or fifty dollars by any non-resident alien, shall issue
to such person a license, which said license shall entitle the
holder to hunt for, take, catch or kill any of the game
animals or birds protected by the laws of the State of
Washington, within the State during the open season, when
it is lawful to kill the same, for the term of one year, in any
lawful manner. The county auditor shall pay to the county
treasurer all such fees collected by him, to be placed in the
game protection fund, to be used by the county commis-
sioners for the propagation and protection of game in said
county, and the state auditor shall pay to the state treas-
urer all such fees collected by him to be placed in the game
I
1
1
278
SESSION LAWS, 1905.
rinordio
posal of.
Blato namo
fand.
Ponslty.
protection and propagation fund. All fines collected under
the provisions of this act shall be paid to the county treas-
urer of the county in which said fines are collected, and
placed by him in the game protection fund.
SEC. 2.
There is hereby created a State fund, which
shall be used only for the protection and propagation of
game animals, game birds and game fish in this State.
SEC. 3. Any person violating any of the provisions of
this act shall be deemed guilty of a misdemeanor, and upon
conviction thereof, for each and every offense shall be sub-
ject to a fine of not less than ten dollars nor more than one
hundred dollars, together with the costs of prosecution, or
imprisonment in the county jail where the offense is com-
mitted for not less than five days nor more than thirty days,
or by both such fine and imprisonment in the discretion of
the court.
Passed the Senate February 28, 1905.
Passed the House March 7, 1905.
Approved by the Governor March 9, 1905.
CHAPTER 148.
(8. B. No. 65)
ESTABLISHING A STATE FISH HATCHERY ON THE TOU.
TLE RIVER.
AN ACT to establish a State fsb batchery on the Toutle river,
or some of its tributaries, in Cowlitz County, in the State of
Washington.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That the state fish commissioner is hereby
authorized and directed to prospect the Toutle river and
its tributaries, in Cowlitz coutny, with a view of establish-
ing and maintaining a State salmon hatchery thereon.
Sec. 2. That if after investigation the state fish com-
missioner finds the Toutle river, in Cowlitz county, or any
of its tributaries, a suitable stream for the location of a
SESSION LAWS. 1906.
, 279
salmon hatchery he is hereby authorized and directed to
establish and maintain a State salmon hatchery on said
Toutle river, or its tributaries, in Cowlitz county.
Passed the Senate February 2, 1905.
Passed the House March 8, 1905.
Approved by the Governor March 9, 1905.
CHAPTER 149.
(8. B. No. 248)
ADDITIONAL APPROPRIATION FOR EXPENSE OF COMMIS.
SIONERS OF LEWIS AND CLARK EXPOSITION.
AN ACT to provide for the payment of expenses incurred by the
Commissioners of the Lewis and Clark Exposition appointed
under the act entitled, "An act to provide for the collection,
exbibition and maintenance of the products of the State of
Washington at the Lowls and Clark Centennial and American
Pacific Exposition and Oriental Fair, 1905, at Portland, Ore.
gon, and making an appropriation therefor." Approved March
21, 1903, and making an additional appropriation to provide
for the expense of the Lewis and Clark Commission of the
State of Washington.
,
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That there is hereby appropriated out of any Approprlation
moneys in the State treasury not otherwise appropriated, the
sum of nine hundred and twenty-nine and 50-100 dollars
for the payment of the necessary expenses incurred by said
Lewis and. Clark Exposition Commission, appointed under
the act entitled: An act to provide for the collection, exhi-
bition and maintenance of the products of the State of
Washington at the Lewis and Clark Centennial and Ameri-
can Pacific Exposition and Oriental Fair, 1905, at Portland,
Oregon, and making an appropriation therefor. Approved
March 21, 1903.
SEC. 2.
That the state auditor is hereby authorized and
directed to draw his warrant or warrants therefor upon
proper vouchers from the said commission, approved under
the act entitled, "An act to provide for the collection, exhibi-
tion and maintenance of the products of the State of Wash-
1
1
280
SESSION LAWS, 1906.
ington at the Lewis and Clark Centennial and American Pa-
cific Exposition and Oriental Fair, 1905, at Portland, Oregon,
and making an appropriation therefor," approved March 21,
1903, said warrants to be payable to the persons designated
in such vouchers and to be paid by the state treasurer as
other warrants are paid.
Appropriation. Sec. 3. There is hereby appropriated out of any money
in the treasury, not otherwise appropriated, the sum of seven
thousand three hundred and sixty-five and 11-100 dollars,
as an appropriation to carry out the purposes and provisions
of an act of the Legislature of the State of Washington,
approved January 25th, 1905, entitled, “An act to provide
for the collection, exhibition and maintenance of the products
of the State of Washington, at the Lewis and Clark Centen-
nial and American Pacific Exposition and Oriental Fair,
1905, at Portland, Oregon, making an appropriation therefor
and repealing chapter one hundred and eighty-eight (188)
of the Session Laws of 1903, and declaring an emergency,"
and the state treasurer is hereby authorized to pay said
money to the executive commissioner provided for in said
act from time to time upon the requisition of the said com-
mission created by said act by its president and secretary
approved by the State Auditor.
Passed the Senate March 8, 1905.
Passed the House March 9, 1905.
Approved by the Governor March 9, 1905.
I
I
.
SESSION LAWS, 1906.
281
CHAPTER 150.
(8. B. No. 165)
VALIDATING CERTAIN ASSESSMENTS BY CITIES.
AN ACT to validate assessments made, or wbich may be made,
to pay for local improvements, by any incorporated city in
this state, and to prohibit the setting of such assessments
aside or declaring the same invalid upon any ground other
than upon the ground of fraud.
a
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That whenever the city council of any city
within this State has made, or shall hereafter make any
assessment against property within any local improvement Assoimaat
district for the purpose of improving any street, avenue,
lane, or alley, square or public place within said city by
grading, curbing, parking, sidewalking, sewering or the
laying of a permanent pavement thereon, including founda-
tion, curbing, guttering, drainage facilities and other neces-
sary work incidental to such improvement, and has in mak-
ing such assessment acted in good faith and without fraud
or shall hereafter act in good faith and without fraud the
said assessment shall be valid and enforcible as such and
a lien upon the property upon which the same purports to Lim.
be a lien; and it shall be no objection to the validity thereof
that the contract for such improvement was not awarded
in the manner or at the time required by law, nor, shall it
be any objection to the validity of such assessment that the
same was made by an unauthorized officer or person, if
the same shall have been confirmed by the city authorities,
of such city, nor, shall it be any objection to the legality
of such assessment that the same is based upon a front foot
basis, or upon a basis of benefits to the property within such
district unless it shall be made to appear that the city
authorities did not act in good faith and did not attempt
to act fairly in regard thereto, nor unless it shall be made
to appear that the city authorities acted fraudulently or
oppressively in making such assessment, and all assessments
heretofore or hereafter made which are made by the city
authorities in good faith are hereby declared to be valid
Whos vald
!
i
1
i
282
SESSION LAW8, 1906.
and in full force and effect, and to be collectible in the
manner which is now or may hereafter be provided by law
for the collection of assessments for local improvements for
the purposes specified in this act.
Passed the Senate February 23, 1905.
Passed the House March 8, 1905.
Approved by the Governor March 9, 1905.
CHAPTER 151.
(8. B. No. 163)
RELATIVE TO EXPENSES INCURRED IN CONSTRUCTION
OF DIKES AND DAMS.
AN ACT to provide for the payment of expenses incurred in com-
pliance with an act entitled, "An act to provide for the con-
struction and maintenance of dikes and dams in certain
cases," approved February 2, 1888, or of any acts amendatory
thereof.
1
.
1
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That where any dike or any portion thereof,
Construction has been constructed and maintained in compliance with the
maintenanca provisions of an act of the Legislative Assembly of the Ter-
ritory of Washington, entitled, "An act to provide for the
construction and maintenance of dikes and dams in certain
cases," approved February 2, 1888, or any acts amendatory
thereof, and where any warrants or orders, issued in con-
nection with the expense of the construction and maintenance
thereof, remain outstanding and unpaid, it shall be the duty
of the board of county conimissioners of the county in
which the same are located to assess the lands benefited there-
by for the purpose of paying said outstanding warrants, or
orders together with interest thereon from the date of their
issuance until paid, at the rate of six per cent annum: Pro-
riided, That no such assessment shall be made, nor shall any
proceeding under this act be had, unless such dike or system
of dikes shall have been so constructed and maintained and
be at the time of the initiation of such assessment proceeding
in such a condition as to constitute an actual substantial
Amoss the
lands.
$
1
|
1
SESSION LAWS, 1905.
283
WATieto
benefit to the land included within the limits of said diking
district, by so protecting said lands from overflow as to
render them suitable for cultivation.
Sec. 2. That the county auditor of any county in which Coant
auditor
such dike or dam is located upon the written request of any more.
to publiab
potico.
holder or owner of any such warrant or order, shall forth-
with cause to be published in the newspaper doing the
county printing, if any such there be, and if not, then in
some newspaper of general circulation in the county, a
notice directing any and all holders or owners of any such
warrants or orders to present the same to him, at his office
for registration within ninety days from the date of the
first publication of such notice; and such notice shall be
published once a week for six consecutive weeks. Upon
the presentation to him of such warrants or orders, the
County
county auditor shall register the same in a separate book auditor
to register
to be kept for that purpose, showing the date of registration, Warreath
the date of issuance, the name of the person by whom pre-
sented and the face value thereof; Provided, however, That
warrants or orders on the several diking districts organized
under said act or any act amendatory thereof, shall be regis-
tered separately. Any such warrant or order not presented
within the time prescribed in such notice, shall not share
in the benefits of this act, and no assessment or reassessment
shall thereafter be made for the purpose of paying the same.
Sec. 3. That where the land included within the bound-
aries of any diking district established in accordance with
the said act approved February 2, 1888, or of any acts
amendatory thereof, are included within the boundaries of
any diking district or districts organized in accordance with
the provisions of an act of the Legislature of the State of
Washington entitled, "An act to provide for the establish-
ment and creation of diking districts, and the construction
and maintenance of a system of dikes, and to provide for
the means of payment thereof, and declaring an emergency,"
approved March 20, 1895, no condemnation proceedings for
the purpose of acquiring title to the lands upon which such
dikes or dams are located shall be necessary. But where
the lands included within the boundaries of any diking dis-
trict organized under said act approved February 2, 1888,
or any acts amendatory thereof, are not included within the
boundaries of any diking district or districts organized un-
der said act approved March 20, 1895, it shall be the duty
SEC
284
SESSION LAWS, 1905.
oommissioners
lande by
Lory of
Mormont
of the board of county commissioners of any county in
which said dike or dams are located to purchase the lands
occupied by, or necessary to said dikes or dams, and of any
spurs, offshoots or appurtenances thereto, or acquire the
County
same by condemnation proceedings, whether title to such
to acquiro
land has not already been acquired, and to that end are
condemnation. hereby authorized to institute and maintain, in the name of
the county, the proceedings provided by Chapter V, Title
XXXI of Volume II of Ballinger's Annotated Codes and
Statutes of Washington.
Sec. 4. That where the lands within the boundaries of
any diking district or districts organized under said act
approved March 20, 1895, the board of county commis-
sioners at the end of ninety days after the date of the first
publication of the notice provided for in section 2 of this
act, shall forthwith proceed to levy an assessment against
such lands for the purpose of paying such outstanding war-
rants or orders, with interest thereon as referred to in Sec-
tion I of this act. And where such lands are not so included,
the board of county commissioners shall forthwith proceed
to acquire by purchase or condemnation proceedings the
necessary lands as provided for in section 3 of this act.
Said board of county commissioners shall establish a fund
for each diking district organized under said act approved
February 2, 1888, or acts amendatory thereof, to be called,
" "Old Diking Fund No......" (here insert No. of diking
district established under said act approved February 2,
1888, or any acts amendatory thereof) and for the purpose
of paying for the lands to be acquired as provided in sec-
tion 3 of this act, shall borrow money wholly on the faith
of and to be repaid wholly from the money in said fund
by issuing bonds payable out of said fund in denominations
of not to exceed twenty dollars each due on or before five
years from date and drawing not to exceed six per cent
interest per annum. Where any such dike or dam is un-
completed and the lands for the benefit of which the same
was constructed, are not included within the boundaries of
any diking district or districts organized under said act
approved March 20, 1895, said board shall proceed to
Completo
finish said dike or dam according to the survey and report
of said improvement made in accordance with the provis-
ions of said act of February 2, 1888, or of any act amenda-
tory thereof, and to pay for the same by warrants duly
da nishod
mark
SESSION LAWS, 1906.
286
.
issued on said dike fund and the total cost of said improve-
ment, including the expenses heretofore issued for the loca-
tion of right-of-way and construction or maintenance of
said dike or dam shall be paid as hereinafter provided.
SEC. 5. That for the purpose of paying outstanding war-Parrant
Payment of
rants or orders together with interest thereon, issued in
connection with the expense of constructing or maintaining
any dike or dam of any diking district organized under said
act approved February 2, 1888, or any acts amendatory
thereof, and also for the purpose of paying for acquiring
the title to lands as provided for in section 3 of this act,
and for the completion of any dike or dam as provided for
in section 4 of this act, where the acquiring of such title,
or the completion of such dike or dam is required under
the provisions of this act, the board of county commis-
sioners shall determine the aggregate cost of such dikes
or dams and shall apportion the same to each lot or tract
of land, road or railroad, according to the benefit which has
resulted, or will result to each from said improvement, not
exceeding the amount of such benefits: Provided, That
such new assessment shall be for an amount which shall
not exceed the actual cost and value of the improvement,
together with interest thereon as provided for in this act,
and costs, and that such amount shall be equitably appor-
tioned upon the property benefited thereby, according to
the provisions of the laws in force at the time such re-
assessment is made notwithstanding the proceedings of the
county commissioners or of any of the officers of the
county in which such improvement may be located may be
found irregular or defected, whether jurisdictional or other-
wise. When such re-assessment is completed all sums paid
on the former attempted assessments shall be credited to
the property on account of which the same was paid. The
board of county commissioners shall cause the clerk of
the board to make out a list of the lands benefited, giving Loudo
beadtad
a description of each tract or lot separately, and showing
the sum apportioned to each of such tracts or lots, but said
list need not contain the names of the owners of said tracts
or lots. Said list shall be filed with the county auditor,
and upon the filing thereof he shall forthwith cause to be
published in the newspaper doing the county printing, if
any such there be, and if not, then in such newspaper as
he may select, a notice that said list is on file in his office
286
SESSION LAWS, 1905.
Hlo
exceptions.
1
|
)
i
1
and is open to inspection. Said notice shall give the number
of the diking district organized under said act approved
February 2, 1888, or any act amendatory thereof, state the
total face value of warrants or orders registered in com-
pliance with section 2 of this act, and contain a description
by sections, townships and range, and by blocks where land
has been platted, of the land claimed to be benefitted. Where
an entire section or block is not benefitted a description of
the part of such section or block claimed to be benefitted
shall be given. Said notice shall direct any and all persons
or corporations interested, who desire to do so, to file with
the county auditor exceptions to the apportionment made
to lands claimed to be benefitted, or to warrants or orders
registered, the exceptions, if any, to the latter, to be on
the ground that the same were not issued in connection
with the expense of the construction or maintenance of dikes
or dams, or were fraudulently issued, and all exceptions
herein provided shall be filed within sixty days after the
date of the first publication of said notice. Said notice shall
.
also give the date on which the board of county commis-
sioners will meet to hear and pass upon such exceptions,
which shall be on the sixtieth day after the date of the first
publication of said notice; said notice shall be published once
a week for six consecutive weeks.
Şec. 6. Upon the day stated in said notice the board
of county commissioners shall meet at their regular place
of meeting and proceed to hear and pass upon exceptions
filed with the county auditor as provided in section 5 of
this act. If they find that the apportionment is unfair and
unjust, and ought not to be confirmed, they shall so order
and amend it to make it fair and just in proportion to bene-
fits, and if necessary, in their opinion, they may adjourn the
further hearing not to exceed twenty days, to a day to be
fixed by them, and go upon the premises and by actual view
apportion the entire cost of location and construction or
maintenance, or any part thereof, according to benefits as
may seem just and proper, and on the day so fixed by them
they shall again meet and determine the apportionment. The
cost of the publication of the notice in this act provided for
shall be considered as a part of the costs to be apportioned
to said lands. The commissioners may hear testimony and
examine all witnesses upon questions made by the exceptions,
and for that purpose may compel the attendance of wit-
Board pas
upon
aicoptions
SESSION LAWS, 1906.
287
t
to write
nesses, by subpoena, which the clerk of the superior court
shall issue or demand, and their decision on the exceptions
shall be entered on the journal, and if they sustain the ex-
ceptions the cost of the hearing thereof shall be paid out
of the county treasury, and if they overrule the same such
costs shall be taxed against the person or corporation filing
Costa
the exceptions: Provided, however, That if exceptions to
warrants or orders registered with the auditor are sustained
the costs of the hearing thereof shall be taxed against the
owner of such warrants or orders. Where costs are taxed
against any person or corporation it shall be the duty of
the prosecuting attorney, to institute action in the superior
court for the recovery of the same.
Sec. 7. That where exceptions are filed to warrants or Exceptions
orders registered with the auditor of the board of county
commissioners, on the day of their meeting provided for
in section 6 of this act, shall set the same down for hearing
at a day not later than thirty days thereafter and shall direct
the auditor to notify the person or corporation who pre-
sented said warrants or orders to him for registration of
such exceptions, and shall state the time when and place
where such exception shall be heard; and said notice shall
be deposited by the county auditor in the post office at the
County seat at least twenty days before the day set for such
hearing, postage prepaid, and addressed to such person or
corporation at his last known address, or at its principal
place of business. The affidavit of the auditor shall be proof
of such service.
Sec. 8. That any person or corporation feeling aggrieved May appeal to
by the ruling of the board of county commissioners upon court.
exceptions filed as hereinbefore provided for, may appeal
to the superior court. Upon such appeal no bond shall be
required and no stay shall be allowed. If the appeal be from
the ruling of the board of county commissioners in rela-
tion to the apportionment of costs or assessments of benefits
to land, such appcal shall bring before the superior court
the justness of the amount of benefits in respect to the par-
ties to the appeal. Such appeal shall be made by filing a
written notice of appeal with the clerk of the board of
county commissioners within ten days after such new
assessment or re-assessment roll shall have been approved
and confirmed by the board of county commissioners; and
said notice shall describe the property and the objections of
superior
1
1
288
SESSION LAWS, 1906.
Preferenco
over all
civil casos.
such appellant to such assessment or re-assessment, and such
appellant shall also file with the clerk of the superior court
aforesaid within twenty days from the approval and con-
firmation of such roll by the board of county commissioners
a copy of said notice, appeal, re-assessment roll and proceed-
a
ing thereon, certified by the clerk of such board of county
commissioners; and the case shall be docketed by the clerk
of such court in the name of the person taking such appeal
against said county as “an appeal from assessments.” Said
cause shall then be at issue, and shall have preference over
all civil cases pending in said court, except proceedings
under the acts relating to eminent domain by cities and
towns, and actions of forcible entry and detainer. Such
appeal shall be tried in said court as in the case of equitable
causes, except that no pleadings shall be necessary. The
judgment of the court shall be either to confirm, madify,
or annul the assessment in so far as the same affects the
property of the appellant, from which judgment an appeal
shall lie to the supreme court as in other cases. In case
the assessment is confirmed, the fees of the clerk of the
board of county commissioners for copies of the record
shall be taxed against the appellant with other costs. If
the appeal be from a ruling of the board of county com-
missioners in relation to exceptions filed to warrants or
orders registered with the county auditor, such appeal shall
be taken in the manner provided by law for appeals from
the action of the board of county commissioners in other
cases.
Apportion.
wont of coste.
SEC. 9. That when the improvement protects or benefits
the whole or any part of any public or corporate road or
railroad there shall be apportioned to the county, if the
road is a State, county or free turn pike road, or to the
corporation if a corporate road or railroad, a share of the
cost and expenses thereof proportionate to the benefits to
said road or railroad. All lands of the State or any county
school district or other municipal corporation shall be subject
to the provisions of this act.
Sec. 10. That when said apportionment or assessment
of benefits shall have been approved as hereinbefore pro-
vided, the commissioners shall determine at what time and
in what number of assessments, not to exceed four, they
will require the same to be paid, and order that the assess-
ments, as made by them, be placed upon the tax roll accord-
mo and
Dannor of
paymonts.
SESSION LAWS, 1905.
289
ingly against the lots or lands assessed. When the com-
missioners make an assessment they shall cause an entry to
be made directing the clerk of the board of county com-
missioners to make and furnish to the treasurer of the
county a special tax roll with the assessment arranged there-
on as required by their order, and the clerk of the board
of county commissioners shall retain a copy thereof in his
office, and all assessments shall be liens upon the property
against which they are assessed, and shall be collected and
accounted for by the treasurer as taxes: Provided, That
the treasurer shall accept in payment of assessments the
bonds issued under the provisions of section 4 of this act,
and said treasurer shall place the assessment so collected
in said dike fund. The list thus prepared must remain in
the office of the treasurer for thirty days or longer if or-
dered by the board of county commissioners, and during
the time it so remains any person may pay the amount of
charges against any tract to the treasurer without costs,
or if so ordered by the board of county commissioners said
payments may be by installments, and if at the end of
thirty days or the longer period fixed by said commission-
ers, any of the charges or any of the installments ordered
by them already due have not been paid, the treasurer must
transmit a list to the prosecuting attorney, who must at
once proceed by civil action to collect such charges and fore-
close the liens therefor, and such charges or liens shall
draw interest at the same rate as the delinquent taxes for
State and county purposes.
SEC. II. That where exceptions to the apportionment or
assessment are sustained by the county commissioners the
costs of the hearing thereof shall be paid out of the county To pay, costo
28 hoaring
general fund, and where upon any appeal provided for in
this act costs are taxed against the county, such costs shall
be paid in the same manner, and the county shall be
reimbursed therefor out of the first moneys paid into the
said diking fund provided for in this act. If by reason
of the payment of such costs, or the reduction or annulment
of any assessment on appeal, the apportionment or assess-
ment made by the board of county commissioners shall
be found insufficient to make the payments required by
this act, then said board shall increase such apportionment
or assessment in the same proportion as such apportionment
or assessment was made: Provided, however, That the
16
1
290
SESSION LAWS, 1905.
Action
brought in
damo ot
county.
Liste to be
Alod.
total apportionment to and assessment against any tract or
lot shall not exceed the benefits derived by the same.
SEC. 12.
That all actions authorized by this act to be
brought by the prosecuting attorney shall be brought in the
name of the county.
SEC. 13. That the county treasurer of any county in
which any diking district or districts were organized under
said act approved February 2, 1888, or any acts amendatory
thereof, shall within ninety days after the date of the first
publication of the notice provided for in section 2 of this
act, make out and file with the board of county commis-
sioners a list for each of such diking districts; said list to
contain a description of each tract or lot of land against
which assessments were made under said act approved
February 2, 1888, or any acts amendatory thereof, and to
show any and all assessments made against the same and
what payments were made upon the same.
Sec. 14. That no costs shall be taxed for the work re-
quired to be done according to the provisions of this act by
the county treasurer or the county auditor or the clerk of
the board of county commissioners except as herein other-
wise provided.
Outstanding SEC. 15. That outstanding warrants or orders, together
with interest thereon, issued in connection with the expenses
of the construction or maintenance of dikes or dams con-
structed or maintained under the provisions of said act
approved February 2, 1888, or of any acts amendatory
thereof, shall be paid first and shall be paid in the order of
their issuance; and thereafter indebtedness such as is
authorized by this act, incurred by said board of county
commissioners, shall be paid in the order of the issuance
of the evidence of such indebtedness. Warrants issued by
the said board shall draw interest at the rate of six per cent
per annum.
Arrosamonto Sec. 16. That the fact that a contract has been let, or
no: prorontod.
such improvement shall have been made and completed in
whole or in part shall not prevent such assessments being
made; nor shall the omission, failure or neglect of any
officer or officers to comply with the provisions of law
governing such county or county commissioners as to
petition, notice, resolution to improve, estimate, survey,
diagram, manner of letting the contract or section of work,
or any other matter whatsoever connected with the im-
warnnte.
8888ION LAWS, 1906.
291.
provement and the first assessment thereof, operate to in-
validate or in any way to affect the making of the new
assessment or reassessment as provided for herein, charging
the property benefitted with the expense thereof: Provided,
That such new assessment shall be for an amount which
shall not exceed the actual cost and value of the improve-
ment, together with the interest and costs as herein provided
for, and that such amount be equitably apportioned upon the
property benefitted thereby according to the provisions of
the laws of this State relative to municipal corporations.
Sec. 17. If any section, subdivision, sentence or clause
of this act is for any reason held to be unconstitutional such
decision shall not affect the validity of the remaining por-
tions of the act.
Passed the Senate February 23, 1905.
Passed the House March 9, 1905.
Approved by the Governor March 9, 1905.
CHAPTER 152.
(8. B. No. 80)
..
AMENDING ACT RELATIVE TO ADMISSIONS TO STATE
SOLDIERS' HOME.
AN ACT to amend Section 2 of an act approved March 18, 1901
(Laws of 1901, p. 344), amending Sections 2632 of Ballinger's
Annotated Codes and Statutes of Washington (Laws of 1890,
p. 269, Sec. 2), relating to the State Soldiers' Home.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That section 2 of an act entitled, "An act
to amend sections 2631 and 2632 Ballinger's Annotated
Codes and Statutes of Washington relating to the State
Soldiers' Home, approved March 18, 1901," be amended to
read as follows:
REGULATIONS.
Section 2. All honorably discharged Union soldiers,
saliors, marines, soldiers of the Spanish-American war, and
also members of the State militia disabled while in the line
292
SESSION LAWS, 1906.
of duty, may be admitted to the home provided for in the
iast preceding section of this chapter, under such rules and
regulations as may be adopted by the state board of con-
trol: Provided, Such applicants are bona fide citizens of
this State, and honorably discharged soldiers, sailors, ma-
rines, soldiers of the Spanish-American war, who are
married and living with their wives at the date of the pas-
sage of this act, and who have been actual bona fide residents
of this State for a period of two years at the time of their
application and who are indigent and unable to earn a sup-
port for themselves and their families, who reside within
the corporate limits of the town of Orting adjoining said
home may be admitted to said home and be members of
said home to all intents and purposes, and subject to all
rules and regulations of said home, except the requirements
of fatigue duty, and said married members aforesaid shall,
through rules and regulations adopted by the state board
of control, be supplied with medicol attendance from the
home dispensary, and rations from the home supplies not
to exceed seven ($7.00) dollars per month, and clothing
not to exceed sixteen ($16.00) dollars per annum.
Passed the Senate March 1, 1905.
Passed the House March 9, 1905.
Approved by the Governor March 9, 1905.
CHAPTER 153.
(8. B. No. 209)
APPROPRIATION COVERING COSTS OF SUIT AGAINST
STATE OF OREGON TO DETERMINE BOUNDARY LINE.
AN ACT appropriating the sum of Ave thousand dollars ($6,000)
for the expenses in connection with the suit about to be insti.
tuted by the State of Washington against the State of Oregon
to determine the boundary line between such States.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That the sum of five thousand dollars
($5000) or so much thereof as may be necessary, be and
the same is hereby appropriated out of the general fund for
SESSION LAWS, 1905.
298
the purpose of defraying the court costs, witness fees,
engineer's services, traveling and other expenses in connec-
tion with the suit about to be instituted in the Supreme
Court of the United States by the State of Washington
against the State of Oregon to determine the boundary line
between such States, which sum shall be expended upot
vouchers approved by the Attorney General, and the State
Auditor is hereby authorized to audit said sums, and if found
correct, to issue warrants upon the State Treasurer in pay-
ment of said sums, and the State Treasurer is authorized to
pay said warrants.
Passed the Senate March 8, 1905.
Passed the House March 9, 1905.
Approved by the Governor March 9, 1905.
CHAPTER 154.
(8. B. No. 152)
REGULATING USE OF AUTOMOBILES, MOTOR CYCLES, ETC.
AN ACT regulating automobiles or motor vehicles on public
roads, highways, park or parkways, streets or avenues, within
the State of Washington.
with
Be it enacted by the Legislature of the State of Washington:
SECTION 1. No automobile or motor vehicle shall be Yust comply
used or operated on any public highroad, highway, park
or parkway, street or avenue within this State until the
owners shall have complied with sections two, four and
five of this act.
SEC. 2.
The owner of every automobile or motor vehicle filo
description.
shall file in the office of the Secretary of State annually
before June first a statement of his name and address, to-
gether with a brief description of every such vehicle owned
by him and shall obtain from said Secretary a numbered
certificate for each of said vehicles, which certificate shall
state the name of the owner of such vehicle and that he
has registered in accordance with the provisions of this act.
These certificates shall be numbered consecutively, beginning
with one.
294
SESSION LAWS, 1906.
loo.
Display
cortificate.
Exomptions.
Lamp
roquired.
Sec. 3. The Secretary of State shall keep a record of
all such statements and of all certificates issued by him with
their numbers.
Sec. 4. The fee for issuing said certificate shall be two
dollars and the fee for each renewal thereof shall be two
dollars.
Sec. 5. The number of each certificate, preceded by the
letters "Wn.” shall be displayed upon the back of such
automobile or motor vehicle in light colored arabic numerals
at least four inches high on a dark background.
Sec. 6. The provisions of the previous sections shall
not apply to automobiles, motor vehicles or motor cycles
owned and operated by non-residents of this State, provided
the owners thereof have complied with any law requiring the
registration of owners of automobiles, motor vehicles or
motor cycles in force in the State, Territory or Federal
district of their residence, and the registration number show-
ing the initial of such State, Territory or Federal district
shall be displayed on such vehicle substantially as provided
by section five of this act.
Sec. 7. Every automobile or motor vehicle when driven
on any public road, highway, park or parkway, street or
avenue within this State shall, during the hours of darkness,
have fixed upon some conspicuous part thereof, at least one
lighted lamp, showing white to the front and red to the
rear, and shall have the license or certificate number of said
vehicle painted in dark Arabic numerals across the white
glass in said lamp.
SEC. 8. Every automobile or motor vehicle using gaso-
line as motive power shall use the "muffler," so called, and
the same shall not be cut out or disconnected within the
limits of any city or village within this State. Every auto
mobile or motor vehicle shall be provided with good and
efficient brakes and with a bell or horn, which shall be rung
or blown whenever there is danger of collision or accident.
The driver or operator of every automobile or motor vehicle
shall turn to the right in meeting vehicles, teams and per-
sons moving or headed in an opposite direction, and turn
to the right in passing vehicles, teams and persons moving
or headed in the same direction.
Sec. 9. Every person having control or charge of any
automobile or motor vehicle, whenever upon any public street
Use muller.
SESSION LAWS, 1906.
295
or way, and approaching any vehicle drawn by a horse or
horses, or any horse upon which any person is riding, shall
operate, manage and control such automobile or motor
vehicle in such manner as to exercise every reasonable pre-
caution to prevent the frightening of any such horse or
horses, and to insure the safety and protection of any person
riding or driving the same. And if such horse or horses
appear frightened, the person in control of such motor
vehicle shall reduce its speed, and, if requested by signal
or otherwise by the driver of such horse or horses, shall
not proceed further towards such animal unless such move-
ment be necessary to avoid accident or injury, or until such
animal appears to be under the control of its rider or driver.
Sec. 10. No person, driver or operator in charge of any
.
automobile or motor vehicle on any public road, highway,
park or parkway, street or avenue within the State shall
drive, operate, move, or permit the same to be driven,
operated or moved at a rate of speed faster than one (1) Spood limited.
mile in five (5) minutes with in (within) the thickly settled
or business portion of any city or village within this State,
nor outside of such thickly settled or business portion of
any city or village on any public road, highway, park or
parkway, street or avenue, at a rate of speed faster than
one (1) mile in two and one-half (272) minutes; nor over
any crossing or crosswalk within the limits of any city or
village, at a rate faster than one mile in fifteen (15) min-
utes when any person is upon the same.
SEC. II. No person driving or in charge of any auto-
mobile, or motor vehicle on any highway, townway, public
street, avenue, driveway, park or parkway, shall drive the
same at any speed greater than is reasonable and proper,
having regard to the traffic and use of the way by others,
or so as to endanger the life or limb of any person; and
racing any such vehicle on any such way or parks is hereby
forbidden.
Sec. 12. Cities, towns and counties shall have no power Powers of
to pass, enforce or maintain any ordinance, rule or regula-
tion requiring of any owner or operator of any automobile or
motor vehicle, any license or permit to use the public roads,
highways, park or parkways, streets or avenues, or exclud-
ing or prohibiting any automobile or motor vehicle whose
owner has complied with Sections 2, 4 and 5 of this act
from the free use of such public road, highway, park or
citlos, otc.,
dofnod
296
SESSION LAWS, 1906.
parkway, street or avenue, and all such ordinances, rules
and regulations now in force are hereby declared to be of
no validity or effect: Provided, That nothing in this act
shall be construed as limiting the power of local authorities
to make, enforce and maintain ordinances, rules or regula-
tions, in addition to the provisions of this act, effecting
(affecting) automobiles or motor vehicles which are offered
to the public for hire.
SEC. 13. The violation of any of the provisions of this
act shall be deemed a misdemeanor, punishable by a fine not
exceeding one hundred dollars.
Passed the House February 15, 1905.
Passed the Senate March 8, 1905.
Approved by the Governor March 11, 1905.
CHAPTER 155.
(H. B. No. 812)
AMENDING BALLINGER'S AND PIERCE'S CODES RELA.
TIVE TO ADOPTION OF LEGAL HEIRS.
AN ACT to amend Section 6480 of Ballinger's Annotated Codes
and Statutes of Washington (being Section 2801 of Pierce's
Wasbington Code), relating to the adoption of legal heirs.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That Section 6480 of Ballinger's Annotated
Codes and Statutes of Washington (being Section 2801 of
Pierce's Washington Code) be amended to read as follows:
Section 6480. Any inhabitant of this State, not married,
or any husband and wife jointly, may petition the superior
court of their proper county for leave to adopt and change
the name if desired, of any child under the age of twenty-
one years, but a written consent must be given to such adop-
tion by the child, if of the age of fourteen years, and by each
of his or her living parents who is not hopelessly insane or a
confirmed drunkard. If there be no such parents, or if the
parents be unknown, or shall have abandoned such child,
or if such parents, or either of them, are hopelessly insane,
SESSION LAWS, 1905.
297
or a confirmed drunkard, then by the legal guardian; if there
be no such guardian, then by a discreet and suitable person
appointed by said court to act in the proceedings as the next
friend of such child: Provided, however, That if the parents
are living separate and apart, the consent of both is not
required, but such consent may be given by the parent hav-
ing the care, custody and control of such child: And pro-
vided further, That either spouse may adopt a child of the
other.
Passed the House March 3, 1905.
Passed the Senate March 9, 1905.
Approved by the Governor March 11, 1905.
CHAPTER 156.
(H. B. No. 327)
AMENDING ACT OF 1903 RELATIVE TO THE LEVY AND
COLLECTION OF ROAD, BRIDGE, POLL AND PROPERTY
TAXES.
AN ACT to amend Section one of an act entitled, “An act pro-
viding for the levy, collection and manner of payment of road,
bridge, poll and property taxes, and the manner of the expen.
diture thereof, and providing for the division of countles into
road districts, and the appointment of supervisors thereof, and
repealing all acts and parts of acts in conflict herewith," ap
proved March 16, 1903, being Chapter 119 of the Session Laws
of 1903.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That Section one (1) of said act be amended
to read as follows: Section 1. Every male inhabitant of
this State between the ages of twenty-one and fifty years,
outside the limits of an incorporated city or town, shall
annually pay a road poll tax of two dollars, which shall be
due and payable in money without exemption whatsoever
on the first day of March in each year. All poll taxes shall
.
be paid into the district road and bridge fund of the district
in which the same shall be collected.
Passed the House March 3, 1905.
Passed the Senate March 8, 1905.
Approved by the Governor March ir, 1905.
298
SESSION LAWS, 1906.
.
CHAPTER 157.
(A. B. No. 146)
AMENDING ACT OF 1893 RELATIVE TO ASSESSMENT AND
COLLECTION OF TAXES.
AN ACT entitled an act to amend Section 6 of "an act to amend
Sections 4, 5, 9 and 10 of an act entitled, 'An act providing for
the assessment and collection of taxes of cities of the inst
class and specifying the duties of certain county om cers in
regard thereto and declaring an emergency,' approved March
9, 1893," approved March 21, 1896.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That Section 5 of "An act to amend Sections
4, 5, 9 and 10 of an act entitled, 'An act providing for the
assessment and collection of taxes in cities of the first class
and specifying the duties of certain county officers in regard
thereto and declaring an emergency,' approved March 9,
1893," approved March 21, 1895, be and the same is hereby
amended to read as follows:
Section 5. All such city taxes collected shall belong to
such city and the County Treasurer shall, on or before the
ioth day of each month, turn over all such taxes so col-
lected for the previous month to the City Treasurer, and
take a receipt therefor in duplicate, and at the same time
he shall certify to the city comptroller the amounts of taxes
so collected and turn over and deliver with such certificate
one copy of the receipt of the City Treasurer therefor. The
County Treasurer shall also render to the city Comptroller,
on or before the 10th day of each month, between the first
day of January and the first day of May a statement of all
taxes collected for such city during the preceding month.
Passed the House February 15, 1905.
Passed the Senate March 9, 1905.
Approved by the Governor March 11, 1905.
SESSION LAWS, 1905.
299
CHAPTER 158.
(A. B. No. 877)
PREVENTING THE ACCEPTANCE OF GIFTS OR COMMIS.
SIONS BY AGENTS, EMPLOYES OR OFFICERS.
AN ACT to prevent the acceptance of gifts, bonuses or commis-
sions by agents, employes and oficers.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That any agent, employe or factor of any
firm, person, association or corporation, or any agent em-
ploye or officer of any corporation or municipality, who
shall receive or accept any gift, bonus, gratuity, commission
or thing of value from any person, firm, association or cor-
poration with whom he shall contract for, or from whom
he shall purchase any chattels, goods, wares, merchandise
or material for his principal, employer, corporation or
municipality, shall be deemed guilty of a misdemeanor.
Passed the House March 7, 1905.
Passed the Senate March 9, 1905.
Approved by the Governor March 11, 1905.
.
i
300
SESSION LAWS, 1906.
CHAPTER 159.
(H. B. No. 276)
AMENDING LAW AUTHORIZING CITIES AND TOWNS TO
OPERATE SYSTEMS OF SEWERAGE, ETC.
AN ACT to amend section one of an act entitled, "An act amend.
ing section one of an act entitled, 'An act authorizing cities
and towns to construct, condemn and purchase, purchase, &c.
quire, add to, malatain, conduct and operate waterways, 8y8-
tems of sewerage, works for lighting, heating, fuel and power
purposes, cable, electric and other railways, with all land and
property required therefor, providing for payment therefor,
repealing an act entitled, 'An act relating to and authorizing
cities and towns to purchase, construct and maintain water-
works, systems of sewerage, gas and electric light plants, and
to issue bonds to pay therefor and declaring an emergency,
approved February 10, 1893, and declaring an emergency, ap-
proved March 17, 1897, being section one of Chapter 112 of
the Session Laws of the State of Washington for 1897," ap-
proved March 14, 1899, and declaring an emergency.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That section one of an act enttiled, "An act
authorizing cities and towns to construct, condemn and
purchase, purchase, acquire, add to, maintain, conduct and
operate waterways, systems of sewerage, works for lighting,
heating, fuel and power purposes, cable, electric and other
railways, with all land and property required therefor, pro-
viding for payment therefor, repealing an act entitled, 'An
act relating to and authorizing cities and towns to purchase,
construct and maintain water works, systems of sewerage,
gas and electric light plants and issue bonds to pay therefor
and declaring an emergency,' approved February 10, 1893,
and declaring an emergency, approved March 17, 1897,
being section one, Chapter 112 of the Session Laws of the
State of Washington for 1897," be and the same is hereby
amended to read as follows: Section 1. That any incor-
porated city or town within the State be and is hereby author-
ized to construct, condemn and purchase, purchase, acquire,
add to maintain, conduct and operate water works within
or without its limits for the purpose of furnishing such city
or town and inhabitants thereof and any other persons with
Soction 1.
SESSION LAW8, 1905.
301
1
an ample supply of water for all uses and purposes, public
and private, including water power or other power derived
therefrom, with full power to regulate and control the use,
distribution and price thereof; and to construct and main-
tain systems of sewerage, with full jurisdiction and author- Power to
regulato.
ity to manage, regulate and control the same, within and
without the limits of the corporation; and to construct, con-
demn and purchase, purchase, acquire, add to, maintain and
operate works, plants and facilities for the purpose of fur-
nishing such city or town and the inhabitants thereof and
any other persons with gas, electricity, and other means,
power and facilities for lighting, heating, fuel and power
purposes, public and private, with full authority to regulate
and control the use, distribution and price thereof; and to
authorize the construction of such plant or plants by others
for the same purposes, and purchase such power from
others, when delivered within such city, for its own use
and for the purpose of selling to its inhabitants and other
persons doing business within such city, and to regulate
and control the use and price of electrical power so supplied,
and to construct, condemn and purchase, purchase, acquire,
add to, maintain and operate cable, electric or other railways
within the corporate limits of said city or town for the
transportation of freight and passengers with full authority
to regulate and control the use and operation thereof; and
to fix, alter, regulate and control the fares and rates to be
charged thereon; and for the purposes aforesaid it shall be
lawful for any city or town in this State to take, condemn
and purchase, purchase, acquire and retain water from any
public or navigable lake or water course, percolating or
subterranean water or any underflowing water within the
State, and by means of aqueducts or pipe line conduct the
same to said city or town, and such city or town is hereby
authorized and empowered to erect and build dams or other
works across or at the outlet of any lake or water course
in this State for the purpose of storing and retaining water
therein up to and above high water mark and for all the
purposes of erecting such aqueducts, pipe lines, dams, or
water works, or other necessary structures in storing and
retaining water as above provided, or for any of the purposes
provided for by this act such city or town shall have the
right to occupy and use the beds and shores up to high
water mark of any such water course or lakes and to acquire
1
302
SESSION LAWS, 1905.
the right by purchase or by condemnation or purchase or
otherwise to any water, water rights, easements or privileges
named in this act, or necessary for any said purposes: Pro-
vided, That no such dam or other structure shall impede,
obstruct or in any way interfere with public navigation
or other public uses of such lake and water course: Pro-
vided, That should private property be necessary for any
such purposes, or for storing water above high water mark,
such city or town may condemn and purchase or purchase
and acquire such private property.
SEC. 2. An emergency exists and this act shall take
effect immediately.
Passed the House February 21, 1905.
Passed the Senate March 8, 1905.
Approved by the Governor March 11, 1905.
Power to
oondoma.
CHAPTER 160.
(8. Sub. B. No. 897)
GENERAL APPROPRIATION FOR STATE INSTITUTIONS,
SCHOOLS AND STATE OFFICES FOR FISCAL TERM END-
ING MARCH 31, 1907.
AN ACT making appropriations for the maintenance of and sud-
dry expenses at the various state institutions, schools and
státe omces, and for the sundry civil expenses of the State
government for the fiscal term beginning April 1, 1905, and
ending March 31, 1907.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. The following sums, or so much thereof as
shall severally be found necessary, are hereby appropriated
out of any moneys in the several funds of the State treasury
hereinafter named, in payment of the salaries of certain
officers and employes of the State, and for the maintenance
and construction of buildings at, and other expenses for the
various State institutions and officers hereinbelow designated
and mentioned and for other and divers purposes herein-
$
SESSION LAWS, 1906.
303
after expressed for the fiscal term beginning April 1, 1905,
and ending March 31, 1907, and as hereinafter or otherwise
particularly specified:
FROM THE GENERAL FUND.
FOR THE GOVERNOR'S OTTIC.
Salary of Governor, at $4,000 per year...... $ 8,000.00
Salary of Governor's Private Secretary, at $2,000
per year
4,000.00
Salary of Stenograpber, at $1,200 per year.. 2,400.00
Postage, traveling expenses and incidentals. 2,800.00
Extradition expenses
4,000.00
Examination into alleged infractions of the law 1,000.00
Rewards authorized by the Governor
8,000.00
Survey of public lands reserved on application
by the Governor
5,000.00
Total
$ 29,900.00
For LEOTIXANT GOVERNOR'A OTTICK,
$ 2,000.00
4,000.0
Salary of Lieutenant Governor for two years....
FOR ATTORNDI GUNBRAL'S OTTICE.
Salary of Attorney General, at $2,000 per year.$ 4,000.00
Salary of Assistant Attorney General, at $1,800
per year
8,800.00
Salary of Ausistant Attorney General, at $1,800
per year
8,600.00
Salary of Clerk and Stenograpber
1,800.00
Stationery, postage, telephone and incidentale,
etc.
1,000.00
Attorney General's assistants in land omice, tas
commlusion and rallway comblulon
8,600.00
Traveling expenses 10 county, state and United
Statea supreme courts
8,500.00
Court expenses, witness fees, etc., in general
cases, and traveling expenses in connection
with encheat estates, etc.
8,000.00
Denclencies for year ending March 81, 1903
160.00
Total.
$ 24,260.00
FOR SECRETARY OF STATT'S OTTICE.
0
Salary of Secretary of State, at $2,600 per year $5.000.00
Salary of Assistant Secretary of State, at $1,800
per year
8.600.00
Salary of Auditor and Cashier, at $1,800 per year 8,600.00
Salary of two Recording Clerks, at $900 per
year each
8,800.00
Salary of Stenographer, at $720 per year
1,440.00
Postage and lacidentals
2,000.00
Salary of Deputy Insurance Commissioner, at
$1,800 per year
8,800.00
Balary of Clerk in Insurance Department, at $800
per year
1,800.00
Traveling, postage and incidentals in connection
with Insurance Department
1,000.00
I
304
SESSION LAWS, 1906.
.
Salary of Deputy Commissioner of Statistics, Ag.
riculture and immigration
Postage, locidentals and traveling expenses.
Salary of one Recording Clerk, at $1,000 per year
1,000.00
1,200.00
2,000.00
Total
$ 29,840.00
FOR STATE TREASURER'S OFFICE.
Salary of State Treasurer, at $2,000 per year..$ 4.000.00
Salary of Deputy State Treasurer, at $1,800 per
year
3,600.00
Salary of Warrant Clerk and Stenograpber, at
$720 per year
1,440.00
Postage, telegraphlog, Incidentals, travellog ex-
pesset, etc.
250.00
Expenses in collecting delloquent liquor licenses. 8,000.00
Total
$ 12,290.00
FOR STATE AUDITOR'S OFFICE,
Salary of Auditor, at $2.000 per year
$ 4,000.00
Salary of Deputy, at $1,800 per year
3,600.00
Salary of Bookkeeper, at $1,600 per year
8,200.00
Salary Warrant Clerk and Stenographer, at
$720 per year
1,440.00
Postage, expressage, telegrapbing, extra clerk
hire, locidentals, etc.
2,000.00
TriTeling expenses
250.00
.
Total
$ 14,490.00
FOB OTTICE OF STATE SUPEBINTEXDEXT OF PUBLIC INSTRUCTION.
Salary of Superintendent, at $2,500 per year .$ 6,000.00
Salary of Deputy, at $1,800 per year
8,600.00
Salary of Second Depoty, at $1,200 per year... 2,400.00
For clerk bire and incidentale
2,800.00
For payment for examining teacbers' manuscripts 8,000.00
Traveling expenses of Superintendent and Depo-
tler
1,500.00
Postage, expressage, telegrapbing, telephoning,
etc,
1,000.00
Espeases State Board of Education for two years 1,250.00
Total
$ 20,500.00
FOR LAND CONYISSIONCI's Orrico.
Salary of Commissioner of Public Lande, at
$2,000 per year
.$ 4,000.00
Salary of Assistant and Chiet Clerk, at $1,800
per year
8.600.00
Salary of Auditor and Cashier, at $1,800 per year 8,600.00
Salary of Bookkeeper, at $1,400 per year
2,800.00
Salary of Stenographer and Clerk, at $1,000 per
year
2,000.00
Salary of the Chief Clerk of the Board of State
Land Commissioners, at $1,200 per year
2,400.00
SESSION LAWS, 1905.
305
.
8,600.00
Salary of State Engineer, at $1,800 per year..
Salary of Draughtsman in Engineer's omce, at
$1,200 per year.......
Salary of tbree General Clerks, at $1,000 per
2,400.00
year each
6,000.00
8.000.00
20,000.00
6,500.00
Salaries and expenses of agents selecting lands
and United States Land Omco fees....
Expenses of appraisement, sale and lease of State
lands
Expense of advertising male and lease of State
lands
Expense of defending State': title to state,
school, granted and selected lands before the
courts, United States land odces and tbe
Secretary of the Interior, and prosecuting
trespason State lands (not including attor-
ney's fees)
Postage, incidentals and traveling expenses of
Commissioner of Public Lands
Expense of protecting State's timber land against
Ore
odice furniture and supplies
3,000.00
0
4,000.00
2,500.00
500.00
Total
. $ 73,900.00
►
FOB STATE GRAIN INSPECTOR'S OFFICE,
Salary of State Grain Inspector, at $1,800 per
year
.$ 3,600.00
Salary of Chlef Inspector's Clerk, at $1,000 per
2,000.00
year
Total
6,800.00
1
FOR STATE LABOR COXYI88IONER'S OFFICE.
Salary of Labor Commissioner, at $1,800 per year $ 8,800.00
Clerk bire, incidentals and travellog expenses. . 2,000.00
Total
$ 3,800.00
FOR STATE COAL MINI INSPECTOR'. Orice.
Salary of Inspector, at $1,500 per year
Travellog expenses and locidentalı
.$ 8,000.00
1,250.00
Total
.$ 4,250.00
!
FOR STATO FAIR AT YAKINA.
Maintenance, at $7,500 per year
$ 18,000.00
FOR STATU BOARD OF DALTA.
Malatenance of State Board, at $1,500 per year. $ 8,000.00
Salary of Secretary, at $1,000 per year
2,000.00
i
Total
$ 5,000.00
17
806
SESSION LAWS, 1906.
FUR STATE LIBRARLAN'OTTICE.
Salary of Librarian, at $1,800 per year
$ 8,000.00
For incidental expenses, exchange and distribution
of state documents
8,000.00
Comparing and binding executive documents
500.00
Purchase of supreme court reports
1,000.00
Total
$ 1,800.00
FOR STATE DAIRY AND FOOD COUNI881OXER'S Orricu.
Salary of Compuissioner, at $1,800 per year
Salary of Deputies and expenses
$ 8,600.00
2,500.00
Total
$ 6,100.00
FOR STATI VETERINARLAN.
For travellag expense of State Veterlparlan aod salaries
and expenses of Assistants, and incidentals
$ 7,500.00
STATBOARD OF EQCALIZATION.
Expenses of Board
400.00
FOR THE SUPREME COURT.
Salaries of Judges
$ 56,000.00
Salary of Clerk, at $2,000 per year
4,000.00
Salary of Reporter, at $2,000 per year
4,000.00
Proof Roader for reporter, clerk hire and inci.
dentals
4,000.00
For Board of Examiners for examining applicants
for admission to practice law
614.60
Contingent expenses and incidentals
10.000.00
Total
$ 78,614.80
FOR SUPERIOR COURT8.
Salaries of Superior Judges
.$ 84,000.00
Travellog expenses of Superior Judges whose
Jurisdiction contains more than one county.. 3,000.00
Salaries of Judges pro tem.
1,000.00
Total
$ 88,000.00
FOR PUBLI88INO ITABAINOTON STATE REPORTS
$ 9,750.00
FOR COST BILLS, DESK SUPPLIES, ETC.
Cost bills 00 conviction of felodies
.$ 37,500.00
Transportation of convicts to penitentiary 25.000.00
Transportation of the insade to hospitals.
20,000.00
Transportation of incorrigibles
4,000.00
Indexlog House journals
800.00
Indexing Senate journals
250.00
Lodezing session laws
200.00
For malatenance Capitol bullding and grounds.. 16,000.00
Installing and malbtaining of electric clocks in
House and Senate chambers and State ofices 860.00
.
Total
$108,610.00
SESSION LAWS, 1905.
307
SUNDRY NEEDS.
700.00
Paloting roof of Capitol building
TTinstormer for use of lighting plant lo case
of accident lo Capitol building
laterest on Capitol fund warrants
600.00
41,560.00
Total
$ 42,780.00
FOR STATE BISL COXYI88IONER'S OFFICE.
Salary of Commissioner, at $2,000 per yar $ 4,000.00
Travellog expenses of Commissioner, at $1,000
per year
2,000.00
Salary of three Depoties, at $1,200 per year each 7,200.00
Traveling expenses of Deputies
3,600.00
Stenographer and Bookkeeper, at $1,000 per
year
2,000.00
Once rept of Commissioner
1,800.00
locidental expenses
1,000.00
Total
. $ 21,800.00
FOR HORTICULTURAL COMxI88IONER'S OTTICI,
salary of Commissioner, at $2,000 per year
Incidental expenses
Clert hire, at $700 per year
$ 4,000.00
2,000.00
1,400.00
Total
$
7,400.00
For expenses incurred by the Board of Irrigation
Commission (ers)
$ 1,080.00
Error appropriation 10 Lieutenant Governor's of.
Ice
14.21
For payment of Interest to November 1, 1906, og
money borrowed from the permanent school
fund
127,085.18
For the Capitol (Capital] National Bank for mon.
ey advanced for labor, expended in preparlog
the Legislative building
286.60
FOR BOARD or TAS COMMI8810XERS.
Salary of Commissioner for two years
$ 18,000.00
Salary of Secretary, at $1,200 per year
2,400.00
Salary of two clerks, at $75 per month
8,000.00
Traveling and incidental expenses of the Board 3,000.00
1
i
Total
27,000.00
1
$ 1,200.00
.
For clerical and expert assistance in the Gover.
dor's omce, account pripting
For printing for State otices and Institutions, including the
printlog ordered by the present Leglalature, and to cover
the work done by the State offices and institutions be-
tween March 81, 1905, and April 1, 1907
!
$ 60,000.00
FROM THE MILITARY FUND.
FOR ADJUTANT GENERAL'N OFFICE,
i
Salary of Adjutant Genoral, at $2,000 per year..$ 4,000.00
Balary of Chief Clerk, at $1,000 per year
2,000.00
Salary of Armorer, at $900 per year
1,800.00
|
308
SESSION LAWS, 1905.
68,200.00
Malatenance, all expenses except salarler Adju-
tant and assistants
Reappropriation of doexpended balance of appro-
priation made under an act relating to the
construction of armories in certain cities and
making an appropriation therelo, approved by
the Governor March 16, 1908 :
For Seattle Armory
For Tacoma Armory
For Spotade Armory
28,550.00
20,000.00
20,000.00
Total
$144,650.00
FROM GRAIN INSPECTION FUND.
Postage, expenses and incidentale connected with the omce of
State Gralo lospector
$ 80,000.00
FROM THE HARBOR AREA FUND.
FOR LAND COYYI88IONER': Orica.
For completion of survey of oyster lande, adver.
tising harbor areas and traveling expense of
Commissioner and Board
$ 8,000.00
Establishing harbor lines and survey of tide lande
at Everett, Port Orcbard, Bremerton, and com-
pletion of sorvey at Aberdeen, including ap-
pralsement and travellng expenses
4,000.00
Completion of survey and platting shoro lands of
Lake Washington, Union, Chelan and other
shore lando, including appraisement and trav.
ollag expenses
6,000.00
.
Tota
.$ 18,000.00
FROM SPECIAL LIBRARY FOND.
Purcbase of law and reference books for State
library
$ 9,000.00
Catalogulog
1,000.00
For the procuring and care of bistorical articles
and for travellog and for public library work 4,000.00
Salary of Assistant and Law Librarian, at $1,500
per year
8,000.00
Salary of Secocd Assistant Librarian, at $1,000
per year
2,000.00
Total
$ 19,000.00
FROM FISA AATCAERY FUND.
FOR FIA COMMISSIONE': OTTICE.
For maintenance and construction of doh batch.
erles
.$ 66,500.00
For Engineer's salary for Poget Sound launch,
at $900 per year
1,800.00
Fuel and other expenses for launch
2.000.00
Operating expenses of Columbia river launch... 8,000.00
Total
.$ 78,800.00
SESSION LAWS, 1906.
309
FROM THE OYSTER FUND.
For the survey of oyster Janda
Miscellaneous
$ 4,000.00
8,000.00
!
Total
$ 7,000.00
FROM THE FACTORY INSPECTION FUND.
I
For Factory Inspector, Depotles, traveling expenses and incl.
dentals lo CODDection with big once
$ 20,000.00
FOR TEE SUNDRI EXPENSES OF THE STATE EDUCATIONAL IN-
STITUTIONS.
FROM THE GENERAL FUND.
FOB TAJ STATE UNIVERSITI.
For malatenance
For Engineer's reqoisition
Improvement of grounds
Library books and equipment
Museum
Repairs
Kallroad apur to power house
....
$273,490.00
10,000.00
6,000.00
4,000.00
1,600.00
1,100.00
2,500.00
Total
. $298,690.00
FOR STATE AUBICOLTURAL COLLEOL AND SCHOOL OF SCIENCI.
For malptenance
. $150,000.00
For bulldings
8,000.00
For purchasing tools and macbloery for mechan.
ical building
5,000.00
Total
$160,000.00
FROY THE AGRICULTURAL COLLDOR FUND.
For the Agricultural College and School of Science, for malo.
tenance
6,000.00
FROM THE GENERAL FUND.
FOR 10 STAID NORMAL SCHOOL AT CAENEY.
For malntenance and salaries for two years. $ 63,000.00
For repairs and improvements
2,000.00
Total
$ 85,000.00
FOR THE STATE NORMAL SCHOOL AT ELLENSBURG.
.
Salaries and maintenance for two years $ 48,000.00
Library and laboratory equipment and support.. 2,000.00
For Repairs
8,500.00
For extending and improving grounds
1,000.00
For equipping dormitory
500.00
Total
$ 66,000.00
310
SESSION LAWS, 1906.
4
FOR TAJ STATC NORMAL SCHOOL AT BELLINGDAN.
For maintenance
$ 70,000.00
For general science, supplies and eqoipment
2,500.00
For repair and improvements
5,000.00
For museum
600.00
For campus
2,000.00
1
Total
$ 80,000.00
For the payment of the salaries of the Judges of the Superior
Court appointed since January 1, 1005, up to March 81,
1905
$
600.00
Passed the House March 8, 1905.
Passed the Senate March 9, 1905.
Approved by the Governor March 11, 1905.
CHAPTER 161.
(H. B. No. 21)
CREATING THE OFFICE OF STATE OIL INSPECTOR. .
AN ACT creating the ofice of State Oil Inspector, providing for
his compensation, and providing for the inspection of petro
leum and its products, used for illuminating purposes, and
providing a penalty for the violation thereof.
Be it enacted by the Legislature of the State of Washington:
Appointment SECTION 1. The Governor shall appoint, by and with
by Governor.
the consent of the Senate, a suitable person, resident of this
State, who is not interested in manufacturing, dealing in
or vending any illuminating oils manufactured from petro-
leum, as state inspector of oils, whose term of office shall
be four years from the date of appointment, or until his
successor shall be appointed and shall qualify. It shall be
the duty of said state inspector, or his deputies hereinafter
provided, to examine and test the quality of all such oils
offered for sale for consumption within this State by any
manufacturer, vendor or dealer, and if, upon such testing or
examination the oils shall meet the requirements hereinafter
specified, he shall fix his brand or device, viz: “Approved,"
with the date, over his official signature, upon the package,
barrel or cask containing the same. Should oil so tested
Duties of
inspector and
deputies.
SESSION LAWS, 1905.
311
or examined be contained in tank cars, it shall be the duty
of the inspector, or one of his deputies, upon finding the
oil so contained to meet the requirements hereinafter speci-
fied, to furnish the owner of such oil with a certificate,
either written or printed, or partly written and partly
printed, and signed by the inspector or one of his deputies,
who shall inspect such oils, which certificate shall state
the number and letters or other marks of designation, of
the tank car inspected, the number of gallons of oil con-
tained in it, the date of inspection, the name of the owner,
the city or town in which such tank was inspected, the
temperature at which the oil took fire and burned, and
that such oil is "approved." Upon each barrel or cask Brands on
drawn from such tank car, and offered for sale, the same casks.
brand or device shall be affixed as is required for oil in-
spected in barrels or casks, and to more effectually carry
out the provisions of this act it shall be lawful for the state
inspector or his deputies, to enter into or upon the premises
of any manufacturer, vendor or dealer of said oils, and if
they shall find or discover any kerosene oil, or any other
product of petroleum intended for sale for consumption with-
in this State for illuminating purposes, that has not been
inspected and branded according to the provisions of this
act, they shall proceed to inspect and brand the same. And
it shall be lawful for any manufacturer, vendor or dealer
to sell the oil so tested and approved as an illuminator ;
but if the oil or other product of petroleum so tested shall
not meet said requirements, he shall mark in plain letters
on said package, barrel or cask, over his official signature,
the words: “Rejected for illuminating purposes," and Rejection of
any oil contained in tank cars which shall fail to meet said
requirements, shall be rejected by the inspector or his
deputy, and a written notice, stating number and letters,
or other marks of designation, of the tank car so rejected,
date and place of inspection, and that the oil has been "re-
jected for illuminating purposes," which notice, signed by
the inspector or deputy, shall be placed in the hands of the
owner of such oil, and it shall be unlawful for the owner
thereof to sell such oil or other product of petroleum for
illuminating purposes, and if any person shall sell or offer Fraudulent
for sale such rejected oil or other product of petroleum alty therolor.
for such purpose for consumption within this State, he shall
be deemed guilty of a misdemeanor and upon conviction
barrels and
I
.
1
salospod:
I
312
SESSION LAWS, 1905.
to make
thereof, shall be subject to a fine not exceeding three hun-
dred dollars, or by imprisonment in the county jail not
more than one year, or both such fine and imprisonment in
the discretion of the court: Provided, That whenever com-
plaint is made to the inspector in regard to the illuminating
qualities of illuminating oil so inspected, it shall be the duty
of the inspector of oils to secure a sample of such oils com-
plained of which shall be turned over to the chemist of
State University, who shall thoroughly analyze and test
said oils with reference to its illuminating qualities. If
State chemist after analyzing and testing oils, the chemist of State Uni-
analysis. versity, shall decide although the oil be of the required test
it is yet of inferior illuminating quality, then the inspector
upon receipt of the chemist's report shall brand such oil
"State of Washington,” “Rejected," "Quality Inferior," with
name and date of inspection. The state chemist is hereby
constituted the referee whose decision shall be final in all
cases of dispute regarding oils: Provided further, That
the same penalties applying to oils which fail to meet the
fire test of the State of Washington shall also apply to oils
of inferior illuminating quality.
Deputies-ap-
SEC. 2. The state inspector provided for in this act is
uneral, and hereby empowered to appoint a suitable number of deputies,
which deputies are hereby empowered to perform the duties
of inspection, and shall be liable to the same penalties as
the state inspector : Provided, That the state inspector
may remove any of said deputies for reasonable cause. It
shall be the duty of the inspector and his deputies to provide
themselves at their own expense with the necessary instru-
ments and apparatus for testing the quality of said illuminat-
ing oils, and when called upon for that purpose to promptly
inspect all oils hereinbefore mentioned, and to reject for
illuminating purposes all oils which will take fire and burn
at a temperature of less than one hundred and twenty de-
Quality of oil. grees of Farenheit's (Fahrenheit's) thermometer : Provided,
The quality of oil used in the test shall not be less than one-
half a pint. The oil tester adopted shall be the open Tagli-
bue electric cup or one similar in construction and result,
which shall be used by the inspector and his deputies.
Sec. 3. Every person appointed state inspector shall,
inspectori.
before he enters upon the discharge of his duties as such,
take an oath or affirmation prescribed by the constitution
and laws of this State, and shall file the same in the office
pointment,
dutlet .
Oath of
SESSION LAWS, 1905.
313
collectod.
of the secretary of state. The state inspector shall execute Bond of
inspector.
a bond in the sum of five thousand dollars to the State
of Washington, to be approved by the secretary of state,
conditioned for the faithful performance of the duties im-
posed upon him by this act, which bond shall be for the
use of all persons aggrieved by the act or neglect of said
inspector or his deputies, and the same shall be filed with
the secretary of state. The deputy inspector shall, before Bond of
.
he enters upon the duties of his office, take an oath, and
execute a bond in the sum of two thousand dollars, to be
approved by the county clerk and state inspector, and
file such oath and bond with the county clerk of the county
in which such deputy inspector resides. Such deputy shall
also forward the county clerk's certificate of such filing
to the state inspector. The state inspector or deputy in-
spector shall collect forty cents per barrel for the first two Fees to be
barrels; thirty cents per barrel for the next three; twenty
cents per barrel for the next five barrels, and fifteen cents
for the next fifteen barrels of not less than fifty gallons
each and one-fifth of a cent for each and every gallon there-
after inspected at any one time: Provided, That should any
person or persons offer for inspection oil in car load lots or
over, then the fee shall be one-fifth of a cent for each and
every gallon so inspected, and each deputy inspector shall
pay over to the state inspector, at the commencement of
each month fifty per cent of all moneys received by him for
inspection and retain fifty per cent as his compensation, and
in any case of inspection or branding, said fee shall be a
lien upon the oil so inspected. It shall also be the duty
of every inspector or deputy inspector to keep a true and Records
accurate record of all oils so inspected and branded by him,
kopt.
which record shall state the date of inspection, the number
of gallons rejected, the number of gallons approved, the
number of gallons inspected, the number and kind of tanks,
barrels, casks, or packages, the name of the person for
whom inspected, and the money received for such inspection,
and said records shall be open to the inspection of all per-
sons interested. It shall be the duty of every deputy in-
spector, at the commencement of every month, to forward
to the state inspector, true duplicate copies of such records
for the preceding month. In the month of January in each
year, the state inspector shall make and deliver to the
Report to
governor of the State annual duplicate reports of the in- Governor.
to
1
1
|
314
SESSION LAWS, 1905.
tion shall
be made.
spection by himself and his deputies during the preceding
calendar year. All illuminating oils manufactured or re-
When inspec. fined in this State shall be inspected before being removed
from the manufactory or refinery; and if any person or
persons, whether manufacturer, vendor or dealer, shall sell
or attempt to sell to any person in this State, any illuminat-
ing oils, whether manufactured in this State or not, before
having the same inspected as provided in this act, he shall
be deemed guilty of a misdemeanor and shall be subject
to a fine in any sum not exceeding three hundred dollars
or be imprisoned in the county jail not exceeding one year,
or be both fined and imprisoned in the discretion of the
court; and if any manufacturer, vendor or dealer, in either
or any of said illuminating oils, shall falsely brand the pack-
age, cask or barrel containing the same as provided in
sections one and two of this act, or shall use packages, casks
or barrels having the inspector's brand thereon, without
having the oils inspected, he shall be deemed guilty of a
misdemeanor, and shall be subject to a fine in any sum
not exceeding three hundred dollars, nor less than one hun-
dred dollars, or be imprisoned in the county jail not exceed-
ing one year, or both, in the discretion of the court.
Sec. 4. No person selling or dealing in illuminating or
heating oils produced from petroleum, shall sell or dispose
of any empty kerosene barrel, cask or package before
Cancellation thoroughly cancelling, removing or effacing the inspection
empties. brand on the same, and no person shall knowingly use any
illuminating oil or product of petroleum for illuminating
purposes before the same has been inspected and approved
by the state inspector of oils or his deputy. Any person
violating any of the provisions of this section, shall be
punished by a fine not exceeding ten dollars, or be imprisoned
in the county jail not exceeding one month or by both such
fine and imprisonment in the discretion of the court.
Salary of
Sec. 5. The state oil inspector shall receive a salary of
inspector.
eighteen hundred dollars per annum and necessary office
and traveling expenses to be paid monthly out of the fees
collected. And all oil fees collected in excess of said salary
and expenses shall be by him turned into the general fund
of the State treasury.
Sec. 6. It shall be the duty of the state inspector, or
Complaints any deputy inspector, who shall know of the violation of
for violation,
any of the provisions of this act, to enter a complaint before
of 00
entry of
SESSION LAWS, 1905.
315
a
any court of competent jurisdiction, against any person so
offending and in case the state inspector or deputy in-
spector having knowledge of the violation of the provisions
of this act, shall neglect to enter complaint as required by
and provided for in this section, he shall be deemed guilty
of a misdemeanor and shall be subject to a fine in any sum
not exceeding three hundred dollars, or be imprisoned in
the county jail not exceeding one year, or be both fined and
imprisoned in the discretion of the court, and shall in addi-
tion thereto be removed from office.
Sec. 7. It shall be the duty of all prosecuting attorneys cominty
Duty of
.
to represent and prosecute in behalf of the State, within attorney
their respective counties, all cases of offenses arising under
the provisions of this act.
Sec. 8. No inspector or deputy inspector shall, while Inspector not
in office, traffic, directly or indirectly in any article or sub-to tramite in
stance which he is appointed to inspect. For a violation of
any of the provisions of this section he shall be liable to
a penalty not to exceed three hundred dollars.
Sec. 9. It shall be the duty of the governor to remove Governor.
from office, and to appoint a competent person in the place,
of any inspector who is unfaithful to the duties of his office.
Sec. 10. All acts and parts of acts in conflict herewith Repeal.
are hereby repealed.
Passed the House March 8, 1905.
Passed the Senate March 9, 1905.
Approved by the Governor March 11, 1905.
into
oil, etc.
Removal by
|
|
816
SESSION LAWS, 1905.
CHAPTER 162.
(H. B. No. 182)
COMPULSORY ATTENDANCE OF CHILDREN IN PUBLIC
SCHOOLS.
AN ACT relating to the compulsory attendance of children be
tween the ages of eight and ifteen years in the public schools
of the State of Wasbington,
Be it enacted by the Legislature of the State of Washington:
SECTION 1. All parents, guardians and other persons in
this State having or who may hereafter have immediate
custody of any child from eight to fifteen years of age shall
cause such child to attend the public schools of the district
in which the child resides for the full time in which such
school may be in session, or private school for the same
Exceptions
time, unless the child is physically or mentally unable to
attend, has already attained a reasonable proficiency in the
branches required by law to be taught in the first eight
grades of public schools in this State or provided by the
course of study of the said school, is otherwise being fur-
nished with the same education, or has been excused from
such attendance for some other sufficient reason by the
superintendent of the schools of the district in which the
child resides, if there be such a superintendent, or, in all
other cases, by the county superintendent of common schools.
Employmont
Sec. 2. No child under the age of fifteen years shall be
of ,
sherohibited, employed in any manufacturing, mechanical or other mer-
cantile establishment, or by any telegraph or telephone
company, or by any other corporation in this State during
the time in which the public schools of the district in which
such child resides are in session, unless the said child shall
present a certificate from a school superintendent, as pro-
vided for in section one of this act, excusing the said child
from attendance in the public schools and setting forth the
reason for such excuse, the residence and age of the child,
and the time for which such excuse is given. Every owner,
superintendent, or overseer of any establishment, corpora-
tion or company employing any such child shall keep such
certificate on file so long as such child is employed by him
SESSION LAWS, 1906.
317
SEC. 3.
omcers-how
a
or her. The form of said certificate shall be furnished by
the Superintendent of Public Instruction.
Any person violating the provisions of the two Penalty.
preceding sections shall be fined not more than twenty-five
dollars. Attendance officers shall make complaint for viola-
tion of the provisions of this act to a justice of the peace
or to the judge of the superior court.
Sec. 4. To aid in the enforcement of this act, attendance Attendance
officers shall be appointed and employed as follows: In appointed.
city districts the board of directors shall annually appoint
one or more attendance officers; in incorporated towns or
in villages the board of directors shall appoint an attendance
officer who may also be a regularly appointed constable or
marshal; in all other districts the county superintendent
shall act as attendance officer. The compensation of the
attendance officer shall be fixed and paid by the board ap-
pointing him, or, in case of clerks, by the board of which
he is a member. The attendance officer shall be vested with Powers of.
police powers, the authority to make arrests and serve all
legal processes contemplated by this act, and shall have
authority to enter all stores, mills, shops or other places in
which children may be employed, for the purpose of making
such investigations as may be necessary to the enforcement
of this act. The attendance officer is authorized to take Authority at
into custody the person of any child between eight and
fifteen years of age who may be a truant from school and
to conduct said child to his parents for investigation and
explanation, or to the school which he should properly
attend. The attendance officer shall institute proceedings Proceedings
against any officer, parent, guardian, person, company or
corporation violating any provisions of this act, and shall
otherwise discharge the duties described in this act and
perform such other services as the superintendent of schools
or the board of directors may deem necessary. The attend-
ance officer shall keep a record of his transactions for the Records of. .
inspection and information of the board of directors and
the city or county superintendent; and shall make a de-
tailed report to the superintendent of the city or of the
county, as often as the same mey be required.
Sec. 5. Any attendance officer, sheriff, deputy sheriff,
marshal, policeman, or any other officer authorized to make
arrests in the city or district, shall arrest without warrant Arrest of
a child who, under the provisions of this act is required out warrant
by.
!
1
!
trunts with.
318
SESSION LAWS, 1906.
triot clerk w
to OODI
report
to attend school, such child being then a truant from in-
struction, upon which he is lawfully required to attend within
the city or district of the aforesaid officer. He shall forth-
with deliver a child so arrested either to the custody of a
person in parental relation to the child or of a teacher from
whom the child is then a truant or, in case of habitual and
incorrigible truants, shall bring them before a justice of the
peace. The justice of the peace shall if he is convinced
that the child so arrested is an habitual truant or that the
child is guilty of wilful and continued disobedience to the
school rules and regulations or laws or that the conduct of
the child is pernicious and injurious to the school, bind the
child over to the superior court with a view to his com-
mitment to the State Reform School or other school for
incorrigibles.
Duty of die Sec. 6. It shall be the duty of the district clerk at the
beginning of the school year to provide the teacher with a
copy of the last census of school children taken in his district.
It shall be the duty of principals and teachers to report to the
attendance officer, the Superintendent of Public Instruction,
or the clerk of the board of education, all cases of truancy or
incorrigibility in their respective schools immediately after
these offenses have been committed.
Jurisdiction,
Sec. 7. In cases arising under this act all justices courts,
municipal courts, and superior courts in the State of Wash-
ington shall have concurrent jurisdiction.
County attor.
Sec. 8. The county attorney shall act as attorney in all
court proceedings relating to the compulsory attendance of
children as required by this act.
Sec. 9. The board of directors of each school district
Annual roport under the provisions of this act shall annually report to
of education. the State Board of Education whether their respective dis-
tricts have made provisions required by this act; and in
case the said board of any district shall in any year refuse
or neglect to comply with the provisions of this act after
having been duly notified by the Superintendent of Public
Instruction, twenty-five per centum of the money appro-
priated to such district from the State for school purposes
shall be withheld until the provisions of this act have been
complied with.
Sec. 10. Any superintendent, teacher, attendance officer,
posalty. constable or other officer who shall fail or refuse to perform
the duties prescribed by this act shall be deemed guilty of
ney to act.
to stato board
Tailure of
oncor
SESSION LAWS, 1905.
319
a misdemeanor and, upon conviction thereof, be fined not
less than twenty or more than one hundred dollars: Pro-
zided, That in the case of a district officer such fine shall be
paid to the county treasurer and by him placed to the credit
of the school district in which said officer resides, and in
case of other officers such fine shall be paid to the county
treasurer and by him placed to the credit of the general
school fund of the county.
Sec. 11. All fines except as otherwise provided in sec- Fines.
II
tion two, under the provision of this act, shall inure and be
applied to the support of the public schools in the district
where such offense was committed.
SEC. 12. No officer performing any duty under any of Liability for
the provisions of this act, or under the provisions of any
rules that may be passed in pursuance hereof, shall in
any wise become liable for any costs that may accrue in the
performance of any duty.
Passed the House February 14, 1905.
Passed the Senate March 8, 1905.
Approved by the Governor March 11, 1905.
cotta.
1
1
CHAPTER 163.
(H. B. No. 201)
1
RELATIVE TO THE PROTECTION OF CLAMS.
AN ACT relating to the protection of clams; providing penalties
for its violation and declaring an emergency.
|
Be it enacted by the Legislature of the State of Washington:
SECTION 1. It shall not be lawful for any person or
persons, firm or corporation, or any person whatsoever, to
take, or dig clams from the sands on the ocean beach of
the Pacific Ocean, in the State of Washington, or to have
in their possession after the same have been taken, for the
purpose of canning or for the purpose of sale, between the
first day of May and the thirty-first day of August of each out to
Septembor 1st
year.
Sec. 2. Any person violating the provisions of this act
shall be guilty of a misdemeanor and subject to a fine of
1
!
i
i
i
i
|
320
SESSION LAWS, 1905.
Penalty.
not less than ten ($10) dollars nor more than five hundred
($500) dollars for the first offense and double said amount
for each conviction thereafter: Provided, It is not the intent
of this act to prohibit the digging of said claims for
one's own use but to prohibit the digging for sale and can-
ning purposes during the months hereinbefore set out.
SEC. 3. An emergency exists and this act shall take
effect immediately.
Passed the House February 21, 1905.
Passed the Senate March 8, 1905.
Approved by the Governor March 11, 1905.
Emergency.
CHAPTER 164.
(8. B. No. 246)
TO PRESERVE FORESTS AND PREVENT AND SUPPRESS
FOREST FIRES.
AN ACT to provide for the preservation of the forests of this
State, for the prevention, control and suppression of forest
fires, to create a State Board of Forest Commissioners, pro-
vidiog for a State Fire Warden and Forester, Deputy Fire
Wardens, Forest Rangers, defining their duties and powers,
making an appropriation therefor, and providing punishments
for the violation thereof, and repealing an act entitled, “An
act to protect from fire forests and other property within the
State of Washington, and creating Forest Fire Wardens, Dep-
ulies, Patrolmen, and deining the duties and providing pen-
alties and declaring an emergency," approved March 16, 1903.
Board of
forest com.
missionari.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. There is hereby created a board to be known
as the state board of forest commissioners, consisting of the
state land commissioner whose term of office shall be co-
extensive with his term as state land commissioner, and
four electors of the State of Washington to be appointed by
the governor, whose term of office shall be four years from
the date of appointment: Provided, however, That two of
the first appointees under the terms of this act shall hold
office for only two years, and thereupon the governor shall
appoint the successors of such two-year appointees for the
Torm of
omco.
SESSION LAWS, 1906.
321
So compensa:
,
term of four years. Each of the members of said board
shall take and subscribe an oath or affirmation before some
officer authorized by law to administer the same to faithfully
perform the duties of said office. The members of said
board shall receive no compensation whatever for the per-dion.
formance of their duties. The secretary of state shall pro-
vide suitable quarters for the use of said board and the state
fire warden and forester in the state capitol building. The cupiters at
capitol.
said board shall meet at the call of the governor as
Jeetings.
soon as convenient after their appointment at the state cap-
ital, and shall organize by the election of a chairman. А
majority of the members of said board shall constitute a
quorum. Said board shall meet at the state capital, or any
other convenient place within the State at any other time at
the call of the chairman, and the chairman is hereby directed
to call a meeting thereof whenever requested in writing so
to do, by three or more members of said board.
Sec. 2. The state board of forest commissioners shall Supervision.
supervise all matters of State forest protection as provided
for in this act; it shall have full power to appoint a state
fire warden and forester, deputy fire wardens and forest
rangers; to make such rules and regulations for the pre-
vention, control and suppression of forest fires as is deemed
necessary; to regulate and control the official acts of the
state fire warden and forester, deputy fire wardens and
forest rangers, and have power to remove at will any of
these officials; it shall be the duty of said board to collect
information regarding the timber lands owned by the State
through investigation made by the state fire warden and
forester, deputy fire wardens and forest rangers, regarding
the condition of the timber lands belonging to the State, re-
porting any damage caused by forest fires and any illegal
cutting or trespassing upon State timber and report promptly
such information to the state land commissioner.
SEC 3. The state board of forest commissioners shall State fire
appoint a state fire warden and forester at an annual
salary of fifteen hundred dollars ($1500.00) payable monthly Salary.
out of the state treasury in the same manner as the salary
(salaries] of other state officials are paid; he shall also be
entitled to all office, traveling and other necessary expenses
incurred by him under the authority of the state board of
forest comniissioners, while in the actual perforamince of his
duties. All expenses so incurred shall be submitted in full de-
1
!
|
1
|
|
worden
le
1
18
322
SESSION LAWS, 1905.
Duties of
Stato dro
warden.
tail to the state board of forest commissioners for examina-
tion, and if approved and allowed by said board shall be pre-
sented to the state auditor, who shall, if found correct, draw
his warrant upon the state treasurer for the amount so
allowed, and the state treasurer is hereby authorized to pay
said amount due out of any moneys in the treasury appointed
for this purpose.
Sec. 4. The state fire warden and forester shall act
as secretary of the state board of forest commissioners and
shall have direct charge and supervision of the forest fire
service of the State subject to the direction, rules and regu-
lations of the state board of forest commissioners. The
term "forest fire service" as used in this act shall be held to
include all deputy fire wardens, forest rangers and help
especially employed for fighting forest fires. In times of
emergency or unusual danger, the state fire warden and
forester is empowered to mass the forest fire service of the
State where their presence might be required by reason of
forest fires and to take charge of and direct the work of
suppressing such fire. He shall enforce all laws for the
preservation of forests within the State and investigate the
origin of all forest fires, vigorously prosecute all violators
of this act, prepare and print for public distribution an
abstract of the forest and fire laws of Washington, together
with such rules and regulations as may be formulated by the
state board of forest commissioners. He shall annually
notify the county clerk in each county where deputy fire
wardens or forest rangers are appointed giving the names
of appointments so made. He shall furnish notices printed in
large letters on cloth calling attention to the danger from for-
est fires and to the penalties for the violation of this act; such
notices to be posted in conspicuous places by the deputy fire
wardens or forest rangers in all timber districts along roads
and trails, streams and lakes frequented by tourists, hunters
and fishermen, and in other visited regions. He shall, sub-
ject to the approval of the state board of forest commis-
sioners, prepare all necessary printed forms for the use of
deputy fire wardens in connection with the granting of ap-
plications for permits to burn, for the appointment of rang-
ers, any and all forms or blanks required or desirable, and
shall supply each deputy fire warden with such forms and
blanks. It shall be the duty of the state fire warden and
forester to audit and carefully inspect all bills of salary and
Noticos
1
!
1
1
Auditing
accounts.
i
SESSION LAW8, 1906.
323
timber land..
expenses incurred by the deputy fire wardens and all bills
authorized by the deputy fire wardens for the suppression,
checking or control of forest fires, and to determine what
amounts are justly due and should be paid. When so de-
termined he shall present a statement thereof for each county,
accompanied by the original bills to the state auditor, who
shall audit the same, and if found correct, the state auditor
shall draw his warrants on the state treasurer in payment
thereof, and the state treasurer is hereby authorized to pay
said warrants out of any money in the treasury appropriated
for such purposes. The state fire warden and forester shall
become familiar with the location and area of all State timber
and cut-over lands and prepare maps of each of the timbered
counties showing the State lands therein and supply such
maps to each deputy fire warden and in all ways that are
practical and feasible protect such lands from the ravages
of fire and the illegal cutting of timber, reporting from time
to time direct to the state land commissioner such informa-
tion as may be of benefit to the State in the care and pro-
tection of its timber. It shall be his duty to institute inquiry Daty na to
into the extent, kind, value and condition of the timber lands
of the State; the amount of acres and value of timber that
is cut and removed each year, the extent to which timber
lands are being destroyed by fires, and also examine into the
production, quantity and quality of second growth timber
and shall not later than the first day of December, of cach
year make a written report to the state board of forest com-
missioners upon all such facts as found by him, together
with detailed information as to the work of the forest fire
service of the State. The state fire warden and forester
shall have power to temporarily suspend any deputy fire Susponsion of
depatios.
warden or forest ranger who may be incompetent or unwil-
ling to discharge properly the duties of his office and to
appoint his successor temporarily until his action shall be
passed on by the state board of forest commissioners.
Sec. 5. Said board of forest commissioners shall have
power to appoint within any county in this State where
there is timber requiring protection a deputy fire warden for Deputy
all or any portion of the period from June the ist, to October compensation
the ist, of each year. Such deputy fire warden shall receive
a compensation of $4.00 a day for the time actually em-
ployed; he shall make his headquarters at the county seat
of the county he represents and be equipped with suitable
i
wardoor
and duties of.
!
324
SESSION LAWS, 1906.
office quarters in the county court house by the county
commissioners. The board of county commissioners of
any county in which there has been no deputy fire warden
appointed may request the state board of forest commis-
sioners to appoint a deputy fire warden, and said board may,
if in their judgment the necessity exists, appoint a deputy
fire warden for such county. The authority of county fire
wardens respecting the controlling or suppressing of forest
fires, summoning help or making arrests for the violations
of this act may extend to any adjacent county or to any part
of the State in times of great fire danger. The salaries and
necessary expenses of all deputy fire wardens, together withi
all expenses incurred for help and assistance in forest fire
protection, shall be borne in the proportion of two-thirds by
the State and one-third by the county in which the service
was given and the expense incurred for forest fire protection.
All accounts of the deputy fire warden shall be submitted to
the state fire warden and forester as well as all bills for
forest fire protection authorized by the deputy fire wardens,
and when such bills are approved and paid as provided for
in section 4 of this act, the amount of one-third of all such
outlays in each county will be due and payable on demand
from each of such counties into the state treasury and
credited to the fund appropriated by this act. All deputy
fire wardens shall render reports to the state fire warden
and forester on such blanks or fornis or in such manner
and at such times as may be ordered, giving a sumimary of
how employed, the area of country visited, expenses incurred
and such other information as may be called for by the
state fire warden and forester,
SEC. 6. Each deputy fire warden shall be at all times
under the direction and control of the state fire warden
and forester, and shall perform such duties at such times
and places as he may direct. It shall be their duty to post
over the forest areas notices of warning giving the date of
the closed season as provided for in section 8 of this act and
copies of all such laws and rules as they may be directed to
post by the state fire warden and forester. They shall
investigate all fires and report all of a serious or threatening
character to the state fire warden immediately by telegraph.
They shall patrol their districts; visit all parts of roads and
trails and frequented places and camps as far as possible,
warn campers or other users of fire, see that all locomotives
Reports of
deputies.
Deputies un
der direction
of State
warden
duties of
a
SESSION LAWS, 1906.
325
refusal to
ex.oficio
and engines are provided with spark arresters in accordance
with law; extinguish small or smoldering fires, impress or
employ help to stop conflagrations; see that all laws for the
protection of forests are enforced and arrest and cause to
be prosecuted all offenders. Any person refusing to render Penalty for
assistance when called upon by any deputy fire warden or help depatios.
rangers shall be guilty of a misdemeanor and shall be pun-
ished by a fine not exceeding twenty-five ($25.00) dollars,
or imprisonment in the county jail not exceeding thirty (30)
days. Any person who shall wilfully or needlessly deface,
destroy or remove any warning placard or notice posted
under the requirements of this act shall be guilty of a misde-
meanor and shall be punished by a fine not to exceed one
hundred ($100.00) dollars for each offense, or by imprison-
ment in the county jail not exceeding thirty (30) days.
Sec. 7. All state land cruisers shall be ex-officio forest State cruisers
rangers and timber cruisers and others in the employ of warden.
corporations or individuals may at the discretion of the state
fire warden and forester be appointed forest rangers and
vested with their duties and powers, but they shall receive
no compensation for their services; the state fire warden
and forester, deputy fire wardens, forest rangers and al!
police officers are hereby empowered to make arrests without
warrant of persons violating this act.
Sec. 8. No person shall burn any slashing, chopping, Closed season
wood-land or brush-land within any county in this State slashingi.
in which there is a deputy fire warden between the first day
of June and the first day of October in cach year, which
period is hereby designated as the closed season, without first
obtaining permission in writing from the deputy fire warden
of such county; and any person who shall violate this pro-
vision shall be deemed guilty of a misdemeanor and on con-
viction thereof shall be fined in any sum not exceeding one
hundred ($100.00) dollars, or be imprisoned in the county
jail not exceeding thirty (30) days. Such permission for
burning shall be given only upon compliance with such rules for burning.
and regulations as the state board of forest commissioners
shall prescribe. When any person shall have obtained per-
mission from a deputy fire warden to burn any slashings,
made for the purpose of clearing land, the deputy fire warden,
may, at his discretion, furnish him with a man to supervise
and control the burning who shall represent and act for such
deputy fire warden and shall have all the powers and author-
i
!
a
1
Permission
326
SESSION LAWS, 1906.
provont
ity of the deputy fire warden while engaged in such service,
including the right to revoke such permit if in his opinion
the burning authorized will endanger any valuable timber or
other property. Such man shall serve only such time as the
Extra help to party burning may be able to keep the fire under control
spread of fre. himself. The deputy fire warden shall also be authorized
and empowered to employ a sufficient number of men to
extinguish or prevent the spreading of any fires which may
be in danger of destroying any valuable timber or other lands
in this State. Such man so employed and also the repre-
sentative of the deputy fire warden supervising the burning
shall be entitled to a compensation of twenty-five cents per
hour for each hour's actual service, and the deputy fire
warden shall issue a certificate to each man so employed
showing the number of hours worked by him and the
amounts due to him, upon which after approval by the state
fire warden and forester the man shall be entitled to receive
payment from the State in the manner provided for in sec-
tion 4 of this act.
Penalty for
nogligence.
Sec. 9. Any person who shall on any land within this
State set and leave any fire that shall spread and damage or
destroy property of any kind not his own shall be punished
by a fine of not less than ten nor more than five hundred
dollars. If such fire be set or left maliciously, whether on
his own or another's land with intent to destroy property
not his own, he shall be punished by a fine of not less than
twenty nor more than one thousand dollars, or imprisonment
of not less than one month nor more than one year, or by
both such fine or imprisonment, and shall be liable for all
such damages in a civil suit. All fines collected under this act
shall be paid into the county treasury. This section shall
not apply to back fires reasonably set for the saving of life
and property. During the closed season any person who shall
kindle a fire on land not his own in or dangerously near any
forest and leave same unquenched or who shall be a party
thereto, or who shall by throwing away any lighted cigar,
matches or by use of fire-arms or in any other manner start
a fire upon forest lands not his own and leaves same un-
quenched shall upon conviction be fined not less than ten
dollars nor more than one hundred dollars or be imprisoned
in the county jail not exceeding two months.
8park arrost. Sec. 10. It shall be unlawful for any person, company or
ing devices,
corporation to operate any spark-emitting locomotive, log-
a
for locomo.
tivor.
SESSION LAWS, 1905.
327
ging or farm engine or boiler in this State at any time during
the months of June to October, inclusive, or for any person
to operate any logging or other engine or boiler in the imme-
diate vicinity of any forest slashing, chopping, wood-land
or brush-land during the closed season without such loco
motive or engine is provided with and uses a safe and suit-
able device for arresting sparks. Any person, company or
corporation who shall fail to provide and use such spark Failure to
provido.
arresters during the periods herein mentioned shall upon
conviction pay a fine for each engine or locomotive for each
day so operated without such spark arrester of not less than
ten nor more than fifty dollars, and shall be prohibited from
further use of such locoinotive and engine in such months or
season until such spark arrester is provided and used there-
with. Fines from this source shall be paid into the current
expense fund of the county treasury. Deputy fire wardens
and forest rangers shall report any lack of sufficient spark
arresters to the prosecuting attorney of their county and
the superior court of that county where suit is first insti-
tuted shall have jurisdiction of the offense.
Sec. II.
Whenever an arrest shall have been made for a Duty of
violation of any of the provisions of this act or whenever attorney.
information of such violation shall have been lodged with
him, the prosecuting attorney of the county in which the
criminal act was committed shall prosecute the offender or
offenders with all diligence and energy. If any such prose-
.
cuting attorney shall fail to comply with the provisions of
this section he shall be guilty of a misdemeanor and shall be
punished by a fine of not less than fifty dollars nor more than
five hundred dollars and by imprisonment of not less than
thirty days nor more than one year. The penalties of this
section shall apply to any magistrate with proper authority
who refuses or neglects to cause the arrest and prosecution
of any person or persons when complaint uncler oath of
violations of any provisions of this act has been lodged with
him.
SEC. 12. Nothing in this act shall be construed to prevent Exception, as
any person owning lands, or person or persons employed by
him, from burning logs, stumps, drift or brush heaps when
such are burned in small quantities isolated from other in-
flammable material under personal supervision and such other
safeguards as shall prevent such fires from spreading.
county
1
a
1
1
to small fres.
328
SESSION LAWS, 1906.
Appropriation Sec, 13. The sum of seven thousand five hundred dol-
lars or so much thereof as may be necessary is hereby appro-
priated out of any funds in the State treasury not otherwise
appropriated for the purpose of carrying out the provisions
of this act.
Repoal.
Sec. 14. An act entitled "An act to protect from fire
forests and other property within the State of Washington
and creating forest fire wardens, deputies, patrolmen and
defining duties and providing penalties and declaring an
emergency," approved March 16th, 1903, be and the same
is hereby repealed.
Passed the Senate March 8, 1905.
Passed the House March 9, 1905.
Approved by the Governor March 11, 1905.
CHAPTER 165.
(8. B. No. 60)
STATE FISH HATCHERY ON LEWIS RIVER.
AN ACT to establish a Fish Hatchery on the East Fork of Lewis
River.
Be it enacted by the Legislature of the State of Washington:
SECTION 1.' That the Fish Commissioner is hereby author-
ized and empowered to establish and maintain a fish hatchery
on the east fork of Lewis river in Clarke County: Provided,
That said stream is suitable for the hatching of salmon.
Passed the House February 21, 1905.
Passed the Senate March 9, 1905.
pproved by the Governor March 11, 1905.
SESSION LAWS, 1906.
329
CHAPTER 166.
(H. B. No. 237)
FOR THE RELIEF OF P. M. TROY, JAMES B. MURPHY AND
J. B. BRIDGES.
AN ACT for the relief of P. M. Troy, James B. Murphy and J. B.
Bridges, comprising the Examining Board to conduct exam.
inations of applicants for admission to the bar, and making
an appropriation therefor.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That there be hereby appropriated out of the
general funds of the State of Washington, for the payment
in full of the claims of P. M. Troy, James B. Murphy and
J. B. Bridges, for services as members of the Bar Examining
Board in conducting examinations of applicants for admis-
sion to the bar, the following amounts:
P. M. Troy, 3 days, January, 1004,
1004..
P. M. Troy, 3 days, May, 1904
P. M. Troy, 3 days, October, 1904
P. M. Troy, 3 days, January, 1005
Per diem. Mileage. Total
$ 30.00 $
30.00
30.00
30.00
.
|
$120.00
$120.00
1
.
i
J. B. Murpby, 4 days, January, 1004
J. B. Murphy, 3 days, Jay, 1904
J. B. Murphy. 3 days, October, 1004
J. B. Murphy, 3 days, January, 1905
$ 40.00 $ 6.40 $
30.00 6.40
30.00 6.40
30.00 6.40
1
i
$130.00 $ 26.60 $155.60
+
1
J. B. Bridges, 3 days, January, 1904 ....
J. B. Bridges, 3 days, October, 1904
J. B. Bridges, 3 days, January, 1905
$ 30.00 $ 6.00
30.00
6.00
30.00 6.00
0
0
|
$ 00.00 $ 18.00 $108.00
SEC. 2. The auditor is hereby authorized to draw his
warrant for the several amounts to the several parties herein
named, and the treasurer is directed to pay the same.
Passed the House March 6, 1905.
Passed the Senate March 9, 1905.
Approved by the Governor March 11, 1905.
1
330
SESSION LAWS, 1906.
CHAPTER 167.
(8. Sub. B. No. 243)
RELATIVE TO PUBLICATION AND SALE OF WASHINGTON
SUPREME COURT REPORTS.
AN ACT to provide for the publication and sale of the Washing.
ton Supreme Court Reports.
700 pagos.
Quality of
paper,
Be it enacted by the Legislature of the State of Washington:
SECTION 1. The reports of the Supreme Court of the
State of Washington shall be published in volumes of not
less than seven hundred (700) pages, exclusive of indices
and tables of cases reported, cases cited and statutes con-
strued. The style of type used, the general typography and
binding, shall be equal in quality and generally similar to that
used in volume thirty-five (35) Washington Reports, official
edition: Provided, That the reporter may require the pub-
lisher to have two more "ems" on each line and two more
lines on each page. The volumes shall be printed on regular
law book paper of not less than sixty (60) pounds to the
ream, of character satisfactory to the reporter of the Supreme
Court.
SEC. 2. The reporter of the Supreme Court shall have no
pecuniary interest in the volumes of the Reports, but they
niust be published under the supervision of the Chief Justice
of the Supreme Court and reporter, by contract, for periods
of ten years each, to be entered into as hereinafter provided,
with a responsible person or persons who shall agree to pub-
lish and sell said Reports on the terms most advantageous
to the State and to individuals resident in this State, and at
a rate not to exceed two dollars and fifty cents ($2.50) per
bound volume, or three dollars per bound volume and the
advance sheets of the opinions in such bound volume, deliv-
ered to the subscriber.
Sec. 3. Before entering into said contract, it shall be the
duty of the reporter to advertise for proposals for the publi-
cation of said Reports once each week for four consecutive
weeks, in two daily papers published within this State. Such
publication shall be commenced on the second Monday in
June, 1905, and on the second Monday in June every ten
Supervision
of thiet
Justice.
Advertising
of proposalo.
SESSION LAWS, 1906.
331
what to
years thereafter. The proposals shall be opened by the Chief
Justice of the Supreme Court and the reporter of said Court.
It shall be the duty of the Chief Justice and the reporter of
the Supreme Court to consider all proposals for the publica-
tion of said Reports so submitted, and to award the contract
to the person or persons who will agree to publish and sell
the same, on the terms most advantageous to the State and
to individuals resident in this State. The reporter shall
execute the contract on behalf of the State.
Sec. 4. The contract must provide:
Oontract,
First. That each volume shall be published within sixty provide.
(60) days after the manuscript is delivered by the reporter
to the publisher, and that stereotype plates be made of each
volume to the end that the same may never be out of print.
Second. That the entire manufacture of said volumes
shall be done within the State of Washington.
Third. That the volumes or any portion thereof, or any
notes, indices, or tables of cases, that may be published in
connection therewith, shall not be copyrighted by the pub-
lisher, but it may be optional with the Legislature at any
time to direct the reporter to copyright the volumes for the
benefit of the State.
Fourth. That the publisher shall sell three hundred (300) State:
portion.
copies of each volume to the State at the price named in the
proposals, and keep on hand and for sale within the State,
to individuals resident in this State, at the price therefor,
named in the proposals, a sufficient number of each volume
to supply all demands for a period of ten (10) years from
the date of publication thereof.
Fifth. The contract shall further provide that the pub-
lisher shall issue once each week in pamphlet form, the
opinions of the Supreme Court, with appropriate head notes,
and table of cases; and sell the same to the subscribers to the
Washington Reports at the price fixed in the proposals; and
also, shall agree to mail without cost, a copy of each weekly
issue, to each supreme judge, the reporter and attorney
general, and to each judge of the superior court and prose-
cuting attorney of each county in this state, six copies to
the state library, and six copies to the law department of
the state university.
Sirth. The contract shall further provide that the manu-
facture of the volumes shall be done to the entire satisfaction
of the Chief Justice of the Supreme Court and the reporter,
I
1
1
i
|
332
SUSSION LAWS, 1906.
Bond of
contractor.
and that in case of wilfull failure or refusal on the part of
the publisher to comply with the terms of the contract, the
reporter may, with the approval of the Chief Justice, declare
the same forfeited and void, by the giving of written notice
to the publisher to that effect, and the Chief Justice and
reporter shall re-let the contract for the remainder of the
unexpired term of the contract, as soon thereafter as practi-
cable, upon new proposals to be called for, considered and
awarded in the manner provided for in section three of this
act.
Seenth. That the contractor give a sufficient bond, run-
ning to the State of Washington, which must be approved
by the reporter, for the fulfillment of the terms of the con-
tract, in the sum of ten thousand dollars ($10,000).
Sec. 5. On the publication of each volume of Reports
the Supreme Court must purchase for the use of the State,
from the publisher to whom the contract is awarded, three
hundred (300) copies of said volume at the price named in
the contract, and deliver the same to the Librarian of the
state library, who shall distribute same as required by law,
and the remaining copies, if any there be, shall be deposited
in the state library.
Passed the Senate March 2, 1905.
Passed the House March 8, 1905.
Approved by the Governor March 11, 1905.
Lutra copios
to library.
CHAPTER 168.
(8. B. No. 182)
CREATING OFFICE OF PUBLIC PRINTER AND PROVIDING
FOR PUBLIC PRINTING AND BINDING.
AN ACT creating the office of public printer; providing for the
appointment thereof and quallid lions of said oficer; pro-
viding for the public printing and binding, Axing the com-
pensation thereof, and declaring an emergency.
Governor to
appoiot.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. The office of public printer is hereby.created,
which office shall be filled by appointment, by the Governor,
SESSION LAWS, 1906333
.
.
i
and who, when appointed, shall hold office at the pleasure
of the Governor, until his successor is appointed and quali-
fied!
SEC. 2. Before entering upon the duties of his office, thc Bond.
public printer shall execute to the State of Washington, a
good and sufficient bond in the sum of ten thousand dollars,
conditioned for the faithful and punctual performance of all
the duties of his office. Such bond shall be approved by the
Governor and filed with the secretary of state.
Sec. 3. The public printer shall print and bind the ses. Daty of
printor.
sion laws, the journals of the two houses of the Legislature,
all bills, resolutions, documents and other printing and bind-
ing of either the senate or house, as the same may be
ordered by the Legislature; and all forms, blanks, record
books and printing and binding of every description required
by all state officers, boards, commissions and institutions and
the supreme court and officers thereof, as the same may be
ordered on requisition, from time to time by the proper
authorities: Provided, This act shall not apply to the print-
ing of the supreme court reports.
SEC. 4. All printing and binding shall be done under the Bapervision.
general superintendence of the authorities ordering the same,
and when completed shall be delivered to such authorities,
who shall sign receipts in duplicate therefor: Prozrided, hou-
CVET, That before the public printer shall execute any print-
ing or binding for any office, board, commission or institu-
tion, the proper officer thereof shall apply for, and, if such Requisitions
printing and binding is found to be necessary and proper, ordered.
they shall be furnished with requisitions in duplicate for
such printing and binding approved by the Governor, who
shall also approve all bills for printing or binding before the
same are paid.
Sec. 5. L'pon the delivery of work and receiving a receipt
therefor the public printer shall make out, and deliver to the
secretary of state a bill in duplicate therefor, stating what Duplicato
the book, work or job is when the requisition therefor was job.
received by him and when the same was finished and deliv-
ered, and specify particularly by item everything charged for
in such bill, giving the amount and the price charged for
each separate item as hereinafter specified, and the aggre-
gate amount charged for such job or work, together with
the number of copies thereof printed and delivered, and with
the original requisition issued by the Governor for such job
1
|
for work
1
i
|
bille for each
334
SESSION LAWS, 1906.
roord
A
or work attached. One copy of such bill shall have attached
a copy of the book, job or work herein mentioned and a
receipt from the officer receiving such work, and together
with the original requisition of the Governor shall remain
on file in the office of the secretary of state. No bills shall
cover more than one book, report, blank or job of any kind.
Secretary of All bills shall be numbered, and the secretary of state shall
Stato to koop
register the same in numerical order in a book designated as
“Register of Public Printing," which shall be so ruled and
printed that he can enter in red ink opposite the amount
charged by the public printer for each item, the amount
allowed by the secretary of state as auditor for such item,
and the amount so audited and allowed, if different from the
amount claimed in said bill, shall in all cases, be so entered
by such secretary of state. Immediately after the register-
ing of such bill the secretary of state shall designate on the
duplicate of said bill, such item or items as he shall disallow
in whole or in part, and shall certify thereon to the state
auditor the amount by him allowed and upon presentation
of such duplicate together with the duplicate requisition
issued by the Governor therefor, with the approval of the
Governor covering the items listed thereon, the state auditor
shall issue a warrant therefor on the state treasurer, payable
out of any funds appropriated for that purpose: Provided,
That the state auditor may include in one warrant the aggre-
gate amount of any number of bills as audited and certified
by the secretary of state when such bills are payable out of
the same funds.
Olassification. Sec. 6. For the purpose of providing for the compensa-
tion of the public printer for his services, the public printing
shall be divided into the following classes, and be paid for as
herein stated:
Pirit clau. First Class. The bills, resolutions, and other matters that
inay be ordered by the Legislature, or either branch thereof,
in bill form, shall constitute the first class, and shall be
printed on half sheet cap paper, weighing not less than four-
teen pounds to the ream, in small pica type, cach page to
contain not more than forty-four lines of said matter of the
usual length of forty-pica ems, and the lines shall be suc-
cessively numbered, with a nonpareil slug between each line;
and the same shall be measured as solid matter at single
price when lines are not underscored, and when more than
five lines on any one page are underscored, at price and
1
SESSION LAWS, 1906.
335
one-half; and every fraction of a page shall be measured
as a full page, but no blank pages shall be counted or paid
for. The compensation to be paid for printing of the first
class shall be as follows:
Composition, forty-five cents per one thousand ems.
Presswork, fifty cents for the first one hundred impressions
of a form, and fifteen cents for each subsequent one hundred
impressions thereof; a form to consist of two pages, or frac-
tion thereof in any one bill form.
Second Class. The second class shall consist of the jour- Second class.
nals of the senate and House of representatives, and shall be
printed on what is known as book paper, weighing not less
than fifty pounds to the ream, in long primer type, with a
six-to-pica lead between each line, and without unnecessary
blanks, broken pages or paragraphs; the blanks between the
proceedings of each day and of the different sessions of the
same day not to exceed four picas; the type matter for a page
to be four by seven inches.
The general style of the journals of the house and senate
of the session of 1903, shall be followed in the printing and
binding of the journals hereafter. The compensation to be
paid for printing of the second class shall be as follows:
Composition, sixty cents per one thousand ens.
Presswork, fifty cents for the first one hundred impressions
of a form and fifteen cents for each subsequent one hundred
impressions thereof; a form to consist of eight pages.
Third Class. The third class shall consist of all reports, Third clau,
communications and other documents that may be ordered
printed in book form by the Legislature, or either branch
thereof (except such as are otherwise specified in this sec-
tion) and all reports, pamphlets and other like matters re-
quired by all state officers, boards, commissions and institu-
tions, and shall be printed in the same kind of type and on
the same kind of paper, and the pages shall be of the same
size as specified in the second class. The compensation to be
paid for printing of the third class shall be the same as that
for the second class : Provided, That tabular matter shall be
set in nonpareil.
Fourth Class. The fourth class shall consist of the session Fourth class.
laws, and shall be printed and bound in the same style, size
of page and form as the session laws published by this
State heretofore, with similar marginal notes, and shall be
on book paper weighing not less than sixty pounds to the
I
1
336
SESSION LAWS, 1905.
Fifth class.
ream. The compensation to be paid for printing for the
fourth class shall be as follows:
Composition, sixty cents per one thousand ems, with mar-
ginal notes measured in the type in which they are set, sepa-
rate from the body of the page.
Presswork, same as the prices fixed for printing of the
second class.
Reprints of the session laws, when authorized by law,
shall be printed and paid for as fourth class printing.
Fifth Class. The fifth class shall consist of the printing
of all blanks, record books and circulars required by the
respective state officers, boards, conuinissions and institutions,
and the rate and compensation to be paid therefor shall be
as follows:
Composition, fifty cents per one thousand ems.
Presswork, fifty cents for the first one hundred impressions
of a form, and fifteen cents for each subsequent one hundred
impressions thereof up to 1000 impressions, and for all over
1000 impressions thirteen cents for each subscquent one
hundred impressions; a form to consist of one side of the
sheet on which the job is printed and delivered : Prorided,
That all job work set in not larger than pica type shall be
measured in the type in which the job is set, and all job work
set in type larger than pica shall be charged for as time work.
The price herein provided to be paid for all composition in
the classes specified in this act shall include and cover proof-
reading, make-up and lock-up ready for the press, and there
shall be no extra charge made therefor unless alterations are
made from original copy.
Sec. 7. All measurements of composition shall be based
on the published rule of the international typographical union.
Sec. 8. Compensation for binding on all classes of work
shall be under and according to the following schedule:
Standard size of pages shall be six by nine inches. A signa-
ture shall consist of sixteen pages or necessary fraction
thereof.
For pamphlets containing one signature or less, including
folding, gathering, stitching, covering and trimming, for one
thousand finished pamphlets $4.75, and for each additional
signature or fraction thereof $1.60 for each 1000 finished
pamphlets.
Yoxsurements
Pages 6 x 9.
Pamphlets.
SESSION LAWS, 1906.
337
For pamphlets containing more than twelve and not more
than eighteen signatures, including items as above, for one
thousand finished pamphlets, $35.00.
For case covered bound books, cloth or full sheep or Books.
skiver, including folding, gathering, sewing on three bands,
forwarding and finishing, stamping and trimming completo
and finished as follows:
Per volume of not over six signatures, 25 cents.
Per volume over six sections and not over twelve sections,
30 cents.
Per volume over twelve sections and not over eighteen
sections, 35 cents.
Per volume over eighteen sections and not over twenty-
four sections, 40 cents.
Per volume over twenty-four sections, five cents for each
additional six sections or fraction thereof.
All inserts tipped in per 1000, $1.50.
All time work not covered by the above described work Time work.
shall be paid for at the rate of $1.00 per hour.
All ruled work to be paid for at the rate of $1.25 per hour Ruled work,
for time of machine and attendance.
The public printer shall furnish all paper, stock and bind- Printer to
furnish stock
ing materials required in all public work and shall charge the charged to
same to the State, as the same is actually used, at the actual
price at which same was purchased. Whenever a piece of
work is delivered to the State, the public printer shall make
and file in the office of the Governor an affidavit stating the
amount of material actually used in said piece of work and
the actual value of same, calculated at the wholesale price at
which the same was purchased.
The public printer shall also file in the office of said Gov- Material bills.
ernor all bills for material purchased by him for State work,
accompanied by his affidavit that same is true and correct,
and that said bills show the true amount actually paid there-
for.
Sec. II. An emergency exists and this act shall take effect Emergency.
inimediately.
Passed the Senate February 27, 1905.
Passed the House March 8, 1905.
Approved by the Governor March 11, 1905.
!
i
1
1
1
1
i
1
i
19
338
SESSION LAWS, 1905.
CHAPTER 169.
(H. B. No. 99)
AMENDING ACT OF 1903, RELATIVE TO IMPORTATION OF
HORSES, CATTLE AND SWINE.
AN ACT to amend section one of and adding section one and one-
halt to an act entitled, “An act probibiting the importation of
horses, cattle and swine, unless accompanied by a certificate of
health and permit from some official veterinarian, excepting
animals intended for exhibiting, providing for its enforcement,
and fixing a penalty for its violation," approved March 16, 1903.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That section one of an act approved March 16,
1903, entitled “An act prohibiting the importation of horses,
cattle and swine, unless accompanied by a certificate of health
and permit from some official veterinarian, excepting animals
intended for exhibiting, providing for its enforcement, and
fixing a penalty for its violation,” be amended to read as
Unlawful to follows: Section 1. That it shall be unlawful to bring into
import botore
examination, the State of Washington any horses, cattle or swine for work,
feeding, breeding or dairy purposes: Provided however,
That shipments of horses, cattle and swine may be brought
into the State of Washington after said horses, cattle and
swine have been examined and found free from the following
contagious diseases: Glanders, farcy, tuberculosis, actinomy
cosis rinderpest, foot and mouth diseases, contagious abor-
tion, contagious keratitis, scabies, maladieu coit, swine
plague and hog cholera and a bill of health and a permit
given by a state veterinarian, an assistant state veterinar-
ian, a veterinarian of the United States Bureau of Animal
Industry, or by a veterinary acting under the order or direc-
tion of the livestock sanitary board of any state: Provided,
That in the case of cattle over six months of age to be used
for breeding or dairy purposes, the non-existence of tubercu-
losis shall have been determined by the tuberculin test and
certified to by the veterinary issuing the above mentioned
certificate of health and permit, the certificate of health and
permit given by the above mentioned veterinarian shall be
given in duplicate, the original of which shall be forwarded
to the state veterinarian of Washington, and the duplicate
)
Cattlo over
6 months old.
SESSION LAWS, 1906.
339
permit.
given to the railroad or transportation company to be attached
to the bill of lading for said animals; and no railroad or
transportation company, which is meant to include boats,
ferries and bridges shall accept any such animals for ship-
ment into the State of Washington, for work, feeding, breed-
ing or dairy purposes without the bill of health and permit
therein provided for, and no railroad or transportation com-
pany shall accept from its connecting lines any animals ship-
ped in violation of this act: Provided, That where shipment
of horses, cattle or swine are presented at the nearest paint of
importation into the State, without the above mentioned cer-
tificate and permit, that such shipment of horses, cattle or
swine may be granted a special permit for importation upon Special
application to the state veterinary surgeon who may issue
such special permit; such animals, however, shall enter in
quarantine and shall be subject to inspection at point of des-
tination, by the state veterinary surgeon or his deputies,
and for such inspection, where the tuberculin test is given
to any cattle, a fee of two dollars ($2.00) and for thc Too of State
votoriparian.
physical inspection of horses, cattle, and swine a fee of one
dollar per head shall be paid by the owner.
SEC. 12. Any money or monics collected by the state
veterinarian or his deputies under this act, shall be turned
over to the State treasurer upon the first day of each month
to be turned into the general fund of the State.
Passed the House February 28, 1905.
Passed the Senate March 8, 1905.
Approved by the Governor March 11, 1905.
i
1
i
1
i
|
1
|
i
!
.
1
1
340
SESSION LAWS, 1906.
CHAPTER 170.
(H. B. No. 837)
AMENDING ACT RELATIVE TO PROTECTION AND PROPA.
GATION OF FOOD FISHES.
AN ACT amending sections six, seven and seven and one half
(same being sections 5278, 5279 and 5280 ot Pierce's Washing-
ton Code), of "An act providing for the protection and proper
gation of the food fishes in the waters of the State of Wash.
ington, regulating the catching and sale thereof, establishing
licenses, fixing penalties, repealing conflicting laws, and do-
claring an emergency," approved March 13, 1899. Repealing
section five (being section 5277 of Pierce's Washington Code).
Also amending an act to amend section eight (being section
6281 of Pierce's Washington Code) of an act entitled, "An act
providing for the protection and propagation of the food Asbes
in the waters of the State of Washington, regulating the catch
and sale thereof, establishing licenses, ixing penalties, repeal.
ing conflicting laws, and declaring an emergency," approved
March 16, 1903, providing penalties for the violation of the
provisions of this act, and declaring an emergency.
.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That section six (same being section 5278 of
Pierce's Washington Code) of "An act providing for the
protection and propagation of the food fishes in the waters
of the State of Washington, regulating the catching and sale
thereof, establishing licenses, fixing penalties, repealing con-
Alicting laws, and declaring an emergency," approved March
5728 Pierce. 13, 1899, be amended to read as follows: Section 6 (
(5278).
All licenses provided in sections two and three of this act shall
be issued as follows: Upon application therefor by any
person, a license shall be issued by the fish commissioner for
fixed and other appliances for catching salmon or other food
fishes as herein provided, which shall entitle the holder to
operate said appliances in the waters of this State, wherein
such appliances are not prohibited by law. The following
fees for such licenses shall be collected by the fish commis.
sioner and turned over to the state treasurer on or before
the tenth of each month, and by him turned into the fish
hatchery fund, to-wit:
Licons
tees therefor.
SESSION LAWS, 1906.
341
.03
10.00
.
For each drag seine not exceeding 250 feet in length..$ 2.50
For each drag seine more than 250 feet in length and
not more than 400 feet in length..
7.50
For each drag seine more than 400 feet in length and
not exceeding 500 feet....
15.00
For each additional foot in length, the further sum of..
For each first class pound net, trap or weir, on the
Columbia river
25.00
For each second class pound net, trap or weir, on the
Columbia river
For each first class purse seine.
50.00
For each second class purse seine...
25.00
For each gill net or drift net...
5.00
For each set net....
2.50
For each pound net, trap or weir, on Willapa Harbor
and Grays Harbor..
10.00
For each pound net, trap or weir (except on the
Columbia river, Willapa Harbor or Grays Harbor). 50.00
For each scow fish wheel.....
15.00
Stationery (stationary) fish wheels shall pay twenty-five Fish wheels.
dollars for first class wheels, and ten dollars for second
class wheels; all classifications of wheels, pound nets and
purse seines to be determined by the fish commissioner:
Provided, Where any trap or pound net is so constructed Traps or
pound nots.
as to take fish at each end of its main lead, it shall obtain
and pay for a license especially permitting the taking of fish
at both ends, for which it shall pay a license fee double the
amount of a pound net or trap taking fish at one end only.
In addition to the foregoing license charges there shall also
be paid by the owner of each trap, pound net or fish wheel
operated in the waters of the State, the sum of one dollar
for each one thousand fish taken by such trap, pound net
or fish wheel to furnish to the fish commissioners on or
before the tenth day of each month. It shall be the duty Duty of
of every person owning or operating any trap, pound net traps to
or fish wheel to furnish to the Fish Commissioners on or
before the tenth day of each month a sworn statement giving
the number and location of such trap or pound net and a
detailed statement of the actual number of fish caught at
such trap or pound net, and in addition to answer such
questions as the fish commissioner shall propound with
reference thereto, which statement shall be filed with and
1
1
Owners of
1
locations,
|
1
|
342
SESSION LAWS, 1905.
Lic.DIO for
boats or
ICOW..
Validity of
existing
licenses.
retained by the fish commissioner. Any person, firm or
corporation using scows and boats or other craft in the
buying of fish on the Columbia river, are hereby required
to obtain from the fish commissioner of the State of Wash-
ington, before engaging in said trade or occupation, a license
for such scow, boat or other craft. Each person, firm or
corporation obtaining such license shall pay to the fish
commissioner of the State of Washington at the time said
license is issued, for said license the sum of fifty dollars
($50.00). All licenses issued under the provisions of this
section shall expire on the thirty-first day of March fol-
lowing the issuance of such license, and shall be renewed
upon application upon payment of the license fees as pro
vided, by this act: Provided, That licenses now issued
shall be valid until their expiration, and shall likewise be
renewed to expire on March thirty-first following the issu-
ance of such license.
SEC. 2. That section seven and one-half of said act (being
section 5280 Pierce's Code of Washington) be amended to
5280 Pierce. read as follows: Section 77/2 (5280). Every person, firm
or corporation engaged in canning salmon shall procure a
Licenses for license before commencing the season's packing, as follows:
For each cannery packing less than ten thousand
cases per annum...
$100.00
For each cannery packing from ten thousand cases
to fifteen thousand cases per annum.
I 50.00
For each cannery packing from fifteen thousand to
twenty thousand cases per annum..
For each cannery packing from twenty thousand to
twenty-five thousand cases per annum..
250.00
For each cannery packing from twenty-five thousand
to thirty thousand cases per annuni.
300.00
For each cannery packing from thirty thousand to
forty thousand cases per annum.
400.00
For each cannery packing from forty thousand to
fifty thousand cases per annum.
500.00
For each cannery packing from fifty thousand to
sixty thousand cases per annum.
600.00
For each cannery packing from sixty thousand to
seventy thousand cases per annum..
700.00
For each cannery packing from seventy thousand to
eighty thousand cases per annum..
800.00
.
200.00
SESSION LAWS, 1906.
343
Rates on can:
nerie.how
900.00 based.
.
For each cannery packing from eighty thousand to
ninety thousand cases per annum.....
For cach cannery packing from ninety thousand to
one hundred thousand cases per annum.
..1000.00
Rates on all canneries to be based upon pack of each
preceding year. New canneries shall pay a license of $250.00 5279 Pierco.
until their pack is definitely known: Provided however,
That every person, firm or corporation engaged in canning
salmon on the Columbia river within the State of Washing-
ton shall pay for such license of the spring portion of the
pack put up prior to August twenty-sixth, twice the sum
indicated above for the respective canneries.
SEC. 3. That section seven of said act (being section 5279
of Pierce's Washington Code) be amended to read as fol-
lows: Section 7 (5279). Every person, firm or corporation
engaged in the business of buying and selling, packing and
preserving or otherwise dealing in salmon, other than can-
ners thereof, shall pay as a license the sum of ninety cents 90 conto
per ton net weight of said fish bought and sold, packed or por ton net.
preserved or otherwise dealt in: Provided, No person en-
gaged in the business aforesaid shall pay less than two dol- $2.50 por
lars and fifty cents per annum. It shall be the duty of each
person, firm or corporation affected by the provision of this
section to render to the fish commissioner of the State of
Washington, on or before the tenth day of each month, on
blanks to be furnished by the fish commissioner, a detailed Detailed to
statement showing net amount of fresh fish bought and commissioner.
sold, packed and preserved or otherwise dealt in during
the preceding month, and each person shall pay to the said
commissioner the amount due under the provisions there-
fore, on or before the tenth of each month, and a failure
or neglect to do so shall constitute a misdemeanor, and upon
conviction thereof the offender may be punished as here-
inafter provided.
SEC. 4. That section one of an act to amend section eight
of an act entitled "An act providing for the protection and
propagation of the food fishes in the waters of the State of
Washington, regulating the catching and sale thereof, estab-
lishing licenses, fixing penalties, repealing conflicting laws,
and declaring an emergency," approved March 16, 1903, ,
be amended to read as follows: Section 1. That section eight
of an act entitled "An act providing for the protection and
LODU.
port to fish
1
.
!
1
|
I
|
|
!
í
1
344
SESSION LAWS, 1906.
except with
hook and line.
Harbor.
propagation of the food fishes in the waters of the State of
Washington, regulating the catching and sale thereof, estab-
lishing licenses, fixing penalties, repealing conflicting laws
and declaring an emergency,” approved March 13, 1899,
and amended by an act approved March 1, 1901, be amended
Closed season to read as follows: Section 8. And it shall be unlawful
for salmon in
Puget Sound. to take or fish for salmon in any of the tributaries of Puget
.
Sound during the month of April, and it shall further be
unlawful to take or fish for salmon, except with hook and
linc, in any of the tributaries of Puget Sound above tide
water; and it shall further be unlawful to take or fish for
salmon except with hook or line in any of the waters of
Puget Sound or its tributaries between the hours of six
Sunday, Ash, o'clock P. M., Saturday, and six o'clock A. M., Monday
ing prohibited
of each calendar week in each year. During the weekly
closed season herein provided, the tunnel and front part of
the pot of all fish traps shall be raised to high water mark,
to permit salmon and other fish to swim freely and without
hindrance in any direction. And it shall be unlawful to
Closed season take or fish for salmon in the waters of Grays Harbor or its
in Gray's
tributaries from the fifteenth day of March to the fifteenth
day of April, and from the fifteenth day of November to
the fifteenth day of December in each year. And also it
shall hereafter be unlawful to take or fish for salmon in any
of the following named tributaries of Grays Harbor from
the fifteenth day of August to the fifteenth day of November
. in each year above the points hereinafter described, to-wit:
It shall be unlawful to take or fish for salmon in the Che-
halis river above a point one-half mile below the mouth of
the Wynooche river; it shall be unlawful to take or fish for
salmon above a point one-half mile above the mouth of the
Humptulips river; it shall be unlawful to take or fish for
salmon above a point one-half mile above the mouth of the
Elk river; it shall be unlawful to take or fish for salmon
above a point one-half mile above the mouth of the Johns
river. The fish commissioner is hereby empowered to in-
dicate the points above which fishing may not be done as
provided hereinbefore, by driving piles at the points in said
pointshow
streams above designated, which shall mark the points
above which sald fishing shall not be done. It shall be un-
lawful to take or fish for salmon in the waters of Willapa
Closed season, Harbor or its tributaries from the fifteenth day of March
to the fifteenth day of April, and from the twenty-fifth day of
Prohibited
indicated.
Harbor.
SESSION LAWS, 1906.
345
November to the twenty-fifth day of December in each year.
And, also it shall be unlawful to take or fish for salmon in
any of the following tributaries of Willapa Harbor above tide
water in said rivers: North river, Willapa river and Nasel
river. Nothing in this act shall be construed to prevent "Angling
not probibitod
fishing with hook and line, commonly termed angling, in any in any watert.
of the above named rivers. It shall be unlawful to take or
fish for salmon in the Columbia river or its tributaries, or
within three miles outside of the mouth of said Columbia
river, by any means whatever in any year, between twelve
M. the fifteenth day of March, twelve M. the fifteenth
day of April, or between twelve M. the twenty-fifth day of
August and twelve M. the tenth day of September, except
Snake river, and it shall be unlawful to take or fish for
salmon in said Snake river or any of its tributaries by any
means whatever, in any year, between twelve M. the first
day of March and twelve M. the fifteenth day of April, or
between twelve M. the first day of August and twelve M.
the first day of September. And it shall be unlawful to
take or fish for salmon, by any means whatever, except with
hook and line, commonly termed angling, in the Kalama Closed season
river, Wind river, Little White Salmon river, Wenatchee Droprialp
river, Methow river, Little Spokane river and Colville river,
and in the Columbia river within one mile of the mouth of
the above named rivers. It shall be unlawful at any time
to take any fish with a net, trap or other device than hook Trape pro-
and line in Chambers creek, in Pierce county, or within two Chambers
hundred and fifty yards of the mouth of said creek and the
mouth of said creek shall be construed to mean the junction
where the fresh and salt waters meet at low tide.
Sec. 5. That section five of an act providing for the pro-
tection and propagation of the food fishes in the waters of
the State of Washington, regulating the catching and sale Section 5277
repealed,
thereof, establishing licenses, fixing penalties, repealing con-
flicting laws, and declaring an emergency, approved March
13, 1899 (same being section 5277 of Pierce's Washington
Code) be and the same is hereby repealed.
Sec. 6. Any person violating any of the provisions of
this act, whether or not such violation is otherwise specific-
ally declared to be a misdemeanor, either by neglecting to Penalty for
observe the requirements of this act, or violating any of
the provisions thereof, shall be deemed guilty of a misde-
meanor, and shall upon conviction thereof for each and
in certaip
rivers.
1
bibited in
week.
1
3
1
346
SESSION LAWS, 1906.
Emorgoncy.
every offense, be subject to a fine of not less than fifty dol-
lars nor more than one thousand dollars, or by imprisonment
in the county jail not less than twenty-five days nor more
than one year, or by both such fine and imprisonment.
Sec. 7. An emergency is declared to exist and this act
shall take effect immediately.
Passed the House February 28, 1905.
Passed the Senate March 7, 1905.
Approved by the Governor March 13, 1905.
CHAPTER 171.
(H. B. No. 72)
AMENDING BALLINGER'S CODE RELATING TO REGISTRA
TION OF VOTERS.
AN ACT relating to the registration of voters, and amending
sections 1460, 1451, 1455, 1460 and 1461 of Ballinger's AD-
notated Codes and Statutes of Washington.
Section 1460
Ballinger.
Oponing of
Doll books.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That Section 1450 of Ballinger's Annotated
Codes and Statutes of Washington be amended to read as
follows: Section 1450. It shall be the duty of the mayor
or chief executive officer of each city or town immediately
upon the taking effect of this act, to procure and open for
the registration of voters duplicate poll books for each ward
or voting precinct of such city or town, and on the first
Monday of January of each year to procure and open like
books of registration for each of said wards and voting
precincts; and for all precincts having a voting population
of two hundred and fifty (250) or more, outside of any
city or town, the board of county commissioners for the
county in which any such precinct exists shall, in like man-
ner, procure and open duplicate poll books for the registra-
tion of voters in such precinct or precincts, and shall desig-
nate a legal voter in each of said precincts, who shall be
the officer of registration in such precinct, whose duties
shall be the same as those devolving upon the city or town
SESSION LAWS, 1906.
347
first claus.
clerk under the provisions of this act; and the board of
county commissioners shall fix the compensation of such
officer of registration, which shall be paid the same as other
election expenses.
SEC. 2. That section
That section 1451 of Ballinger's Codes and 1431 Ballinger
Statutes of Washington, be amended to read as follows:
Section 1451. Such poll books shall at all times except as
herein otherwise provided, be kept at the office of such city Poll books,
or town clerk or officer of registration of such city, town when opened.
or precinct; and the city or town clerk, or the person desig-
nated by the board of county commissioners as herein
provided, shall be the officer of registration of such city,
town or precinct; and it shall be his duty to register all
citizens of such city, town or voting precinct, on such poll
books, as hereinafter provided : Provided, That in all cities Cities of
of the first class the registration poll books for each precinct
in such city shall be opened in such precinct for a period
of not less than two nor more than six consecutive week
days at a time to be designated by notice, at least thirty
days prior to any general or municipal election, and the
registration books in the several precincts, shall be kept
opened between the hours of nine A. M. and nine P. M.
of each of such days for the registration of voters qualified
to register; and the city clerk shall designate a legal voter
in each of such precincts who shall be the officer of registra-
tion in such precinct and whose duties shall be the same
as those devolving upon the city clerk in matters of regis-
tration of voters: And provided further, That the city clerk
of such city of the first class shall cause to be set forth in
the notice required to be published by section 1453 of Bal-
linger's Annotated Codes and Statutes of the State of
Washington, the time when and place where the registra-
tion poll books for each precinct in such city will be opened
in such precinct for the registration of voters of such pre-
cinct qualified to register: Provided, however, That said
precinct registration shall not be held in any city or the
precincts thereof more than once in any one calendar year.
Sec. 3. That section 1455 of Ballinger's Annotated 1455 Ballingor
Codes and Statutes of Washington, be amended to read as
follows: Section 1455. The poll books aforesaid shall be Poll books
how arrangod.
so arranged as to admit the alphabetical classification of the
names of the voters, and ruled in parallel columns, with
appropriate heads as follows: Date of registration; names;
1
1
1
1
!
i
i
|
1
|
|
T
1
848
BUSSION LAWS, 1905.
a
age; occupation; place of residence; place of birth; time of
residence in the State, county, ward and precinct, and if
of foreign birth, name and place of court and date of
declaration of intention to become a citizen of the United
States, or date of naturalization, and with column headed
"Signature" for signature of the voter at the time of regis-
tering, and another and similar column immediately follow-
ing, headed “Identification,” for the signature of the voter
in case he be challenged when he offers to vote, and a column
for remarks, and one column for checking the name of
voter at the time of voting. If the voter registering is of
foreign birth, he shall at the time of registering produce
satisfactory evidence to the registration officer that he was
at the time of the adoption of the constitution of the State
of Washington a qualified elector of this State, or that he
is a naturalized citizen of the United States. Under the
head of place of residence shall be noted the number of
lot and block or number and street where the applicant
resides or some other definite description sufficient to locate
the residence; and the voter so registered as provided in
this section shall sign his name in each of the duplicate poll
books on the registry opposite the entries above required,
in the column headed "Signature," unless he is a qualified
elector at the time of the taking effect of this act, and shall
not be capable of writing his name, or in case of physical
infirmity he be unable to write his name, in either of which
cases he shall on the left hand margin of said column make
his mark or cross and such other mark as is usual in indi-
Identification. cating his signature, and some person who personally knows
said voter, and who is personally known to the registering
officer and who is capable of writing his name shall sign
in said column immediately opposite said mark, as an identi-
fying witness thereto.
1480 Bollinger Sec. 4. That Section 1460 of Ballinger's Annotated
Codes and Statutes of Washington be amended to read as
follows: Section 1460. It shall be the duty of the clerk
or officers of registration, immediately upon the close of the
poll books preceding any election to be held in said city,
Authenticity, town or voting precinct, to certify to the authenticity of said
to bo certided. duplicate poll books and, in time for the opening of polls as
provided by law, to have one of said duplicate poll books
at each of the voting precincts, and deliver the same to
the inspector or one of the judges of said election, and take
poll books
!
SESSION LAWS, 1906.
349
H to ach
his receipt therefor. The other of said duplicate poll books
shall remain in the custody of the said clerk or officer of
registration.
Sec. 5. That Section 1461 of Ballinger's Annotated 1461 Ballinger
Codes and Statutes of Washington be amended to read as
follows: Section 1461. At every election one of the judges Duty of judge
of election shall, as each person registered votes, enter on votar.
the said poll book in the check line opposite the name of
such person the word "voted," said poll book to be returned
to the city or town clerk or officer of registration after said
election, and by him preserved.
Sec. 6. An emergency is hereby declared to exist and Emergency.
this act shall take effect immediately.
Passed the House February 16, 1905.
Passed the Senate March 9, 1905.
Approved by the Governor March 11, 1905.
CHAPTER 172.
(H. B. No. 806)
PROVIDING FOR THE APPOINTMENT OF A CHIEF DEPUTY
GAME WARDEN, AND OF COUNTY GAME WARDENS.
AN ACT providing for the ofice and appointment of Chiet Deputy
Game Warden and County Game Wardens, providing for their
salaries and relating to game and to the time and manner of
killing and disposing of the same and providing a penalty for
violation thereof, making an appropriation.
Stato game
Be it enacted by the Legislature of the State of Washington:
SECTION 1. The state game warden shall appoint one Appointed by
chief deputy state game warden, who shall hold his office warden
salary and
during the pleasure of the state game warden, and shall duties of
receive a salary of fifteen hundred dollars ($1500) per year,
to be paid in monthly installments, by the state treasurer
on warrant drawn by the state auditor, and shall be allowed
his actual expenses of travel in the performance of his duty,
not to exceed the sum of seven hundred and fifty dollars
($750) in any one year; and no payment of salary or travel-
ing expenses shall be made by the state auditor to said
1
|
850
SESSION LAWS, 1905.
door how
3
deputy state game warden, except upon certificate of the
state game warden, that the vouchers of the deputy state
game warden are correct, that the services have been faith-
fully rendered and the money for traveling expenses actually
expended. The duties of the chief deputy game warden
shall be to enforce all the provisions of law in reference to
the protection of game and to prosecute all violations of law
in reference thereto, to direct and supervise all acts of
county and special deputy game wardens, and to use all
lawful ways and means to protect game and to encourage
and secure the propagation thereof.
County war. Sec. 2. The county commissioners of the respective
appointed— counties of the State of Washington are hereby empowered
salesy, otc.
and authorized to and shall, upon application in writing of
one hundred resident freeholders and taxpayers of said
county, appoint a suitable person, who shall be a resident
and qualified elector of said county, as game warden of
such county, who shall be vested with all the authority of
a sheriff to perform the duties prescribed by the laws of the
State of Washington for the protection of game animals,
game birds, song birds and game fish. Such game warden,
so appointed, shall receive a salary of not less than twenty-
five dollars ($25) nor more than one hundred dollars ($100)
per month to be paid monthly out of the game protection
fund of such county
County war. Sec. 3. All county game wardens shall be ex-officio
deputy state game wardens, and shall have the same pow-
ers in the enforcement of the game laws of the State as the
chief deputy state game warden, and shall be under the
direction and supervision of the chief deputy state game
warden. County game wardens shall have power to ap-
point special game wardens for his county, such special
game warden shall receive no salary but shall have same
authority as other game wardens; county game wardens
before entering upon their duties shall take and file with
the county auditor of his county the oath of office as pre-
scribed for other county officers, and shall be held responsible
for neglect, or non-performance of his duties, and the county
commissioners of any county may remove the county game
warden at any time for neglect or non-performance of duty.
Sec. 4. Every non-resident or non-resident alien who
pormitted to
remove some shall have procured a license to hunt in this State, shall be
entitled to take from the State all game animals killed by
1
1
1
1
;
|
dons @x-oncio
State gumo
vardon.
1
i
1
Non-residonts
SEC
.
i
SESSION LAWS, 1906.
351
anlawful.
soll game
him, not to exceed the number of each of said game animals
as is allowed by law to be killed in any one year, and game
birds killed by him not to exceed the number allowed by
law to be killed by any person in any one day; but before
any person shall be entitled to take any such game out of
this State he shall make an affidavit before a notary public
or other officer having a seal, stating that the game to be
so removed from the State was killed by him in a lawful
manner, and that the said game is not being exported for
the purpose of sale. Such affidavit shall describe said
animals or birds and shall be attached to said animals or
birds while in transit from the State.
SEC. 5. That every person who shall at any time pursue, Hunting deer
with don, OB
take, kill or injure any deer, or shall knowingly permit any inlands,
dog or dogs owned by him or under his control to chase,
injure or destroy any of said animals, on any of the islands,
in the State of Washington, shall be guilty of a misdemeanor
and on conviction thereof shall be punished by a fine of not
less than twenty-five dollars ($25) or more than one hun-
dred dollars.
SEC. 6. Any person who shall, within the State of Unlawful to
Washington, at any time offer for sale or for market, or animals or
sell or barter for, or exchange, any deer, moose, elk, caribou,
mountain sheep or mountain goat species, or any of the
various kinds of quail, Chinese or Mongolian pheasants,
grouse, native pheasant, ptarmigan, prairie chicken, par-
tridge, sage hen, or any wild duck, goose, swan, brant, sand
hill crane, rail or plover, or any other game bird shall be
guilty of a misdemeanor and upon conviction thereof shall
be punished as hereinafter provided : Provided, That during Exceppon
to ducks, ID
the month of November, in any year, wild ducks, geese and November.
brant may be sold to the number permitted by law to be
killed in any one day: Provided further, That nothing in
this act or section shall be construed to prevent the sale
of the hides of deer, moose, elk, caribou, mountain sheep
or mountain goat species killed at or within the times when
it is lawful to kill the same, and which have been killed in
a lawful manner.
Sec. 7. That after the passage of this act and until Unlawful to
October 1, 1915, it shall be unlawful to hunt, pursue, cap- until 1916.
.
ture or kill any of the elk (ceri'us alces, or cervus cona-
densis) within the State of Washington. After 1915 it shall
be unlawful to hunt, pursue, capture or kill any of the elk
bird
kill
1
352
SESSION LAWS, 1906.
Penalty.
Unlawtnl to
boot water
talo countia.
Dalawful to
(cervus alces, or cervus conadensis) within the State of
Washington between the first day of November of any year
and the fifteenth day of September of the following year.
No person shall within the State of Washington during the
season when it is lawful to kill the same, kill more than one
of the male elk (cervus alces or ceruris conadensis). Any
person violating any of the provisions of this section shall
be deemed guilty of a misdemeanor and upon conviction
thereof shall be fined not less than one hundred dollars
($100) nor more than five hundred dollars ($500), or be
imprisoned in the county jail not less than thirty days nor
more than ninety days, or by both such fine and imprison-
ment in the discretion of the court.
Sec. 8. It shall be unlawful to hunt, pursue, catch or
lowl in cer, kill any of the geese, brant or other water fowl upon the
Columbia or Snake rivers within this State, or within one
half mile of its shore throughout the following named
counties : Klickitat, Walla Walla, Franklin, Yakima,
Kittitas, Douglas, Columbia, Garfield and Whitman
counties.
Sec. 9. Every person who shall, within this State, at
trap game or
song birds, or any time, trap, net or ensnare, or attempt to trap, net or
,
ensnare any quail or bob white, prairie chicken, grouse,
pheasant, partridge, sage hen, ptarmigan or wild pigeon,
geese, duck, brant or other water fowl, or any of the song
birds, or any deer, moose, elk, caribou, antelope, mountain
sheep or any other game bird or game animal or any pro
tected game bird or song bird or game animal under the
laws of the State of Washington or have in his possession
any live quail, or bob white, prairie chicken, grouse, pheas-
ant, wild pigeon, partridge, sage hen or ptarmigan, geese,
duck, brant or other water fowl, or any deer, moose, elk,
caribou, antelope, mountain sheep or any other game bird
or game animal or any protected game bird or game animal
under the laws of the State of Washington except for the
purpose of propagation, shall be guilty of a misdemeanor,
and upon conviction thereof shall be punished as provided
by law.
Importod SEC. 10. It shall be lawful to hunt and kill any of the
Sec
pbourant..
male birds of the oriental, golden, silver, ring necked, cop-
per bronze, Chinese or Mongolian pheasants between the
fifteenth day of October and the first day of January in any
.
SESSION LAWS, 1906.
353
Wild goose
and brint.
year: Provided, That this section shall not apply to coun-
ties lying east of the summit of the Cascade range.
SEC. II. It shall be unlawful to hunt, take or kill in this
.
State any wild goose or brant between the first day of May
and the first day of September in any year.
Sec. 12. It shall be lawful within the time herein when
SEC
any goose, duck or brant may be killed, to hunt or pursue
them from any blind or obstruction: Provided, That this probibited.
shall not be construed to include sneak boats.
SEC. 13. That any one violating any of the provisions of
this act for which a penalty is not hereinbefore provided,
shall be deemed guilty of a misdemeanor and on conviction
thereof shall be punished by a fine of not less than ten dol- Penalty.
lars ($10) nor more than fifty dollars ($50) or imprison-
ment in the county jail not less than ten days nor more than
thirty days, or by both such fine and imprisonment.
Sec. 14. For the purpose of carrying out the provisions Appropriation.
of this act the sum of five thousand dollars ($5000) or so
much thereof as may be necessary is hereby appropriated
out of the “game protection and propagation fund” of the
State.
Passed the House March 8, 1905.
Passed the Senate March 9, 1905.
Approved by the Governor March 13, 1905.
CHAPTER 173.
(H. B. No. 287)
PROVIDING FOR PAYMENT TO LESSEES OF TIDE LANDS
FOR IMPROVEMENTS THEREON.
AN ACT providing for the payment to lessees of tide lands be.
longing to the State by subsequent lessees or purchasers from
the State, of all improvements placed upon such tide lande, 10-
cluding the cost of Alling in and raising such tide lands above
high tide, and all assessments for local improvements levied
against the same.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. Should any present or future lessee of tide Date of board
lands of the State of Washington, or any owner or holder commissioners.
20
354
SESSION LAWS, 1906.
Rolosso or
Hle, to other
parties.
of such leases, fail to exercise the preference right of pur-
chase from the State, of the tide lands covered by any lease
within the time prescribed by any existing law, or any law
which may hereafter be enacted, then and in that event,
the Board of State Land Commissioners shall appraise and
determine the value of all improvements then existing upon
such property, including the cost of filling and raising said
property above high tide, whether filled in or raised above
high tide, by such lessee or owner of such lease, or by
virtue of any contract made with the State of Washington,
and also including the then value to the land of all existing
local improvements, paid for by such lessee or owner of
such lease.
SEC. 2. Should such tide lands be re-let or sold to any
person, persons or corporation other than such lessee or
owner of such lease, the bid of such subsequent lessee or
purchaser shall not be accepted until the payment by such
subsequent lessee or purchaser to the owner of such former
lease, the appraised and fixed value of such improvements
aforesaid, as determined by said Board of State Land Com-
missioners, or as may be determined upon appeal, and said
board is authorized to compel by subpoena the attendance,
swear and examine witnesses to such values.
SEC. 3. Should the owner and holder of such lease be
dissatisfied with the appraised value of such improvements
as fixed or determined by said Board of State Land Com-
missioners, he or it may appeal to the superior court of
the county wherein said property is located, within the
time and according to the mode prescribed by law relating
to appeals, from the Board of State Land Commissioners to
the superior court.
SEC. 4. All laws or parts of laws in conflict herewith
are hereby repealed.
Passed the House March 3, 1905.
Passed the Senate March 9, 1905.
Approved by the Governor March 13, 1905.
Appoals.
Ropoal.
SESSION LAWS, 1908.
355
CHAPTER 174.
(8. Sub. B. No. 25)
CREATING THE OFFICE OF HIGHWAY COMMISSIONER.
AN ACT creating the olice of and providing for the appointment
of a highway commissioner and state highway board, and
for the survey, establishment and repair of certain State high-
ways, providing for the expenditure by the county commis.
stoners of the counties through which portions of the said
highways run, all moneys for the improvement of such high-
ways, making an appropriation therefor, and repealing sec-
tions one, two, three, four, five, six and eight of an act
entitled, "An act providing for the
providing for the survey, establish-
ment and repair of certain State highways and mak.
ing an appropriation therefor," passed by
therefor," passed by the House
of Representatives March 11, 1903, and by the Senate
March 12, 1903, vetoed by the Governor and passed notwith-
standing the veto of the Governor by the House of Repre
sentatives on the 24th day of January, 1905, and by the Senate
on the 26th day of January, 1905.
Governor to
Be it enacted by the Legislature of the State of Washington.
SECTION 1. There is hereby created the office of high-
way commissioner and a state highway board. The said
highway commissioner shall be appointed by the governor appoint.
and shall hold his office for two years unless sooner removed
for cause; said commissioner shall be a capable and ex-
perienced civil engineer and surveyor and shall receive an
Salary.
annual compensation of $2,500 a year, and shall be allowed
his actual traveling expenses while officially employed not
to exceed $1,000 in any one year, and shall be allowed his
office expenses not to exceed $1,500 in any one year; he
shall take oath of office and shall give a bond in the sum. Bond.
of $5,000 conditioned for the faithful performance of his
duties; the said state highway board shall be composed
of the state auditor, the state treasurer and the state highway
commissioner.
Sec. 2. The commissioner shall be furnished with a
suitable office in the capitol building in connection with the
state land commissioner where his records shall be pre-omice with
served, and which said office shall be kept open at such times commissioner.
as the business of the commissioner shall require. He shall
land
356
SESSION LAW8, 1906.
Records.
Apportion-
mont of
keep a record of all proceedings and orders pertaining to the
matters under his direction and copies of all plans, specifi-
cations and estimates submitted to him. The commissioner
shall prepare and submit, ninety days before the session of
Roport to each Legislature of the State of Washington, a report of
legislaturo.
the work constructed or under construction and shall make
· recommendation as to the needed State highways together
with the estimated cost of such needed highways.
Sec. 3. Immediately upon the appointment of said com-
missioner said highway board shall decide what portion
of the amount appropriated for each of the roads described
in an act entitled, "An act providing for the survey, estab-
Appropriated. lishment and repairs of certain State highways, and making
an appropriation therefor," passed by the House of Repre-
sentatives on March 11, 1903, and by the Senate on March
12, 1903, which said act was veteod by the governor March
21, 1903, and was passed notwithstanding the governor's
veto by the House of Representatives on the 24th day of
January, 1905, and by the Senate on the 26th day of Janu-
ary, 1905, shall be expended within the boundaries of the
several counties through which it is proposed to pass and
shall so notify the county commissioners of the several coun-
ties.
Survey by
SEC. 4. Upon receipt of said notice the county com-
missioners of each of the said counties shall, unless such
highway has been theretofore surveyed, direct a survey to
be made of the entire length of said highway in said county,
and they shall have the same mapped, both in outline and in
profile and shall also have plans and specifications prepared
for the construction of the repair of said highway. Such
maps, plans and specifications shall be thereupon submitted
to the highway commissioner and no portion of the ap-
propriation hereinafter made shall be expended upon said
road until the said highway board shall have declared said
road feasible and the highway commissioner shall have ap-
proved said outline and profile maps and said plans and
specifications for the entire length of said road in said
county; nor until the county commissioners of said county
secure the dedication or condemnation of such right-of-way
for said highway the highway board shall designate, and
shall upon all State roads and highways for which appro-
priations have heretofore been made and for which appro
priations may hereafter or herein be made, provide for the
conoty com.
minionors.
SESSION LAWS, 1906.
357
let, etc.
expenditure upon said road within said county from the
county funds of a sum equal to one-half the amount of the
said appropriations to be expended by the State, exclusive of
expenses incurred in connection with the survey, the prepara-
tion of maps, plans and specifications and the supervision
and inspection of said highway; it being the intention of
this act that the entire amount appropriated for the high-
ways and an amount equal to one-half of each appropriation
shall be expended in actual construction work under contract
on said road.
Sec. 5. Upon the approval of the above mentioned maps,
plans and specifications, it shall be the duty of said county
commissioners to call for bids for the construction of said Bide for con-
highway or such sections thereof as the highway board hot deelled,
shall designate, according to maps, plans and specifications
heretofore mentioned. Calls for said bids shall be made by
publication in the official county paper, and also in some
daily paper of general circulation in the state to be desig-
nated by the said highway commissioner, for not less than
three consecutive weeks prior to the time set by the said
commissioners for the opening of said bids. The said high-
way commissioner shall meet with the said county com-
missioners on the occasion of the opening of said bids and
no contract entered into for the construction of said road
shall be binding upon the State without the approval of said
commissioner. The said highway commissioner or the
county commissioners shall have the right to reject any
and all bids if in their opinion good cause exists therefor,
but otherwise shall award the contract to the lowest bidder.
The highway commissioner shall require a bond from the Bond of
successful bidder in the full amount of the contract con- bidder.
ditioned for the faithful performance of the contract accord-
ing to law. Each bidder shall deposit with his bid a certified
check in an amount equal to ten per centum of the amount
of his bid. Should the bidder to whom the contract is
awarded fail to enter into a contract and furnish the bond
hereinbefore provided within five days after the notice of
such award, the amount of such check shall be forfeited to
the road and bridge fund of said county.
SEC. 6. The respective boards of county cominission-
ers shall examine and allow or disallow all bids and shall
dertify all claims to the highway commissioner who shall Olaims, allow.
examine and approve or disapprove same, and certify all
mccentul
a
.
358
SESSION LAWS, 1906.
claims to the state auditor, and the county auditor who
upon receipt of same are hereby authorized to draw their
several warrants on the state auditor for two-thirds the
amount of, and the County Auditor for one-third of each
claim so approved by the highway commissioner, and the
state and county treasurers upon presentation are hereby
respectively authorized to pay said warrants : Provided,
That no indebtedness shall be incurred in the building or
repair of any said above described roads.
Appropriation,
for salaries
Sec. 7. For the purpose of carrying into effect the pro-
and expenses. visions of this act there is hereby appropriated out of any
funds in the state treasury not otherwise appropriated, the
sum of ten thousand dollars for salary and expenses of said
highway commissioner as herein provided; this appropria-
tion shall be in lieu of the appropriation provided for
salary and expenses for said highway commissioner provided
for in section seven of the act entitled, “An act providing
and making the appropriations therefor," passed by the
House of Representatives March 11, 1903, and by the Sen-
ate March 12, 1903, and which said act was vetoed by the
governor March 21, 1903, and was passed notwithstanding
the governor's veto by the House of Representatives on the
24th day of January, 1905, and by the Senate on the 26tb
day of January, 1905.
County to
SEC. 8. After the completion of all roads constructed or
repair.
repaired by the State under this act it shall become the duty
of the boards of county commissioners of the respective
counties in which said road or any portion thereof extends
to keep the same within the boundaries of their respective
Counties in repair at the cost of said County.
counties in repair at the cost of said county.
Sec. 9. Sections one, two, three, four, five, six and eight
of an act enttiled, “An act providing for the survey, establish-
ment and repairs of certain State highways and making an
appropriation therefor," passed by the House of Representa-
tives March 11, 1903, by the Senate March 12, 1903, vetoed
by the governor and was passed notwithstanding the govern-
or's veto by the House of Representatives on the 24th day of
January, 1905, and by the Senate on the 26th day of Janu-
Ropoal. ary, 1905, be and the same are hereby repealed.
SEC. 10. There shall be laid out, surveyed, established,
constructed and maintained for the use of the public and
State a wagon road in the manner provided in this act, be-
keep road in
SESSION LAWS, 1906.
359
a
rond.
Whatcom
ginning at Marble Mount, Skagit County, Washington, run- Marble Mount
ning thence in a northeasterly direction up the Skagit river or
by the most feasible and practicable route to make connec-
tion with the present wagon road near the mouth of Mill
Creek in Whatcom County, Washington.
Sec. 11. For the purpose of carrying into effect the pro-top bora
Appropriation
visions of this act for the survey, establishment, construc-
tion and maintenance of the said road from Marble Mount
to Mill creek as aforesaid, there is hereby appropriated out
of the State highway fund the sum of twenty-four thousand
dollars, or so much thereof as shall be necessary to be ex-
pended upon said road.
Sec. 12. There shall be laid out, surveyed, established, Appropriation
created and maintained for the use of the public and State, Okanoen and
a wagon road in the manner provided in this act, beginning counties.
at a point on the west bank near the mouth of the Methow
river, in Okanogan County, Washington, thence up the Me-
thow river valley, following as nearly as practicable the
county road near the Methow river to Winthrop, thence up
the south fork of the Methow river valley and over the
summit of the mountain, the most practicable route to Bar-
ron, in the County of Whatcom, Washington. And for the
purpose of carrying into effect the provisions of this act for
the survey, establishment, construction and maintenance of
said road there is hereby appropriated out of the State high-
way fund the sum of ten thousand dollars ($10,000): Pro-
riided further, That the construction of said highway shall
begin at a point on the west bank near the mouth of the
Methow river and continue as described in this section.
Passed the House March 7, 1905.
Passed the Senate March 9, 1905.
Approved by the Governor March 13, 1905.
360
SESSION LAWS, 1905.
CHAPTER 175.
(8. B. No. 114)
AMENDING ACT OF 1895, RELATIVE TO ESTABLISHMENT
AND MAINTENANCE OF DRAINAGE DISTRICTS.
8717 Bal.
linger.
Petition.
AN ACT to amend Sections 3, 9 and 24 of an act entitled, "An act
to provide for the establishment and creation of drainage dis-
tricts and the construction and maintenance of a system of
drainage, and to provide for the means of payment thereof,
and declaring an emergency," approved March 20, 1895, the
same being Sections 3717, 3723 and 3738 of Volume I of Bal-
linger's Annotated Codes and Statutes of Washington, and
declaring an emergency.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That Section 3 of an act of the Legislature
approved March 20, 1895, entitled "An act to provide for the
establishment and creation of drainage districts and the con-
struction and maintenance of a system of drainage, and to
provide for the means of payment thereof, and declaring an
emergency," the same being Section 3717 of Ballinger's An-
notated Codes and Statutes, be and the same is hereby
amended to read as follows: Section 3717. Such petition
shall be presented at a regular or special meeting of the
board of county commissioners of said county, and shall
be published for at least two weeks in two successive issues
of some weekly newspaper printed and published in said
county, and in case no such newspaper be printed or pub-
lished in such County, then in some such newspaper of
general circulation therein, before the time at which the same
is to be presented, together with a notice stating thc time of
the meeting at which the same shall be presented. When
such petition is presented for hearing the board of county
commissioners shall hear the same, or may adjourn said
hearing from time to time, not exceeding one month in all;
and any person or corporation may appear before said board
of county commissioners and make objections to the estab-
lishment of said district, or the proposed boundary lines
thereof, and upon final hearing said board of county com-
missioners shall make such changes in the proposed bounda-
ries as they may deem to be proper, and shall establish and
SESSION LAWS, 1906.
361
define such boundaries, and shall ascertain and determine
the number of acres of land that will be benefited by said
proposed drainage system, the number of freeholders resid-
ing within said boundaries of the said proposed district, and
shall find whether the proposed drainage system will be
conducive to the public health, welfare and convenience, in-
crease the public revenue, and be of special benefit to the
majority of the lands included within said boundaries of the
said proposed district so established by said board of coun-
ty commissioners: Provided, That no changes shall be made
by said board of county commissioners in said boundary
lines so as to include any territory outside of the bounda-
ries described in said petition: Provided further, That any
person or persons owning land within the proposed bounda-
ries, and who did not sign said petition, or any person, per-
sons or corporations owning land not included within the
proposed boundaries, may file a petition with the board of
county commissioners asking that the proposed boundaries
be extended so as to include other lands described therein ; Extension of
setting forth in said petition the reasons therefor: Provided,
however, That no person, persons or corporations not own-
ing lands included within the proposed boundaries, as origin-
ally petitioned for, shall have the right to file such petition
unless they ask therein to have their own lands included
within the proposed boundaries: Provided further, That
any corporation owning land included within the boundaries
described in the original petition, may also petition the
board of county commissioners for an extension of the
proposed boundaries: Procrided further, That the bounda-
ries of any drainage district heretofore or hereafter estab-
lished may be extended by the board of county commis-
sioners so as to include other lands in said county upon
petition signed by the owners of a majority of the acreage
of said land within the proposed extension; which said peti-
tion for extension shall set forth and contain with reference
to the extension such matters and things and data so far as
applicable, as is provided for in the petition required for
presentation to the board of county commissioners for the
purpose of the formation of the original drainage district :
Provided further, That all necessary expense incident to Exepares of
making such extension, together with a proportionate share
of the first cost of any drainage system existing in the
original district at the time of making such extension, shall
boundario
extension.
362
SESSION LAWS, 1906.
be levied against and apportioned to the lands included in
such extension, as in this act provided. In such case the
board of county commissioners shall give the like notice
as provided for in this Section of the hearing of the original
petition, and the final hearing thereof may, in such case,
be continued from time to time for a period not exceeding
sixty days, and if upon final hearing the board of county
Commissioners deem it advisable, and to the best interest of
all concerned, they may grant the prayer of such petitioner
or petitioners in whole or in part. No district shall be
established unless it is shown that a good and sufficient
outlet for the drainage thereof is within the boundaries of
such distcict. And said board of county coinmissioners of
such county shall enter and order on the records of their
office setting forth all facts found by them upon the final
hearing of said petition, and which may be adduced by them
from the evidence heard on the final hearing thereof: And
provided further, That any drainage system constructed in
Original
the original drainage district may be extended into the said
system may
be extended. extension by the board of drainage commissioners of said
drainage district, in the same manner, and by the same
method of procedure as is provided by law for the construc-
tion of said drainage system within the said original drainage
district.
SEC. 2. That Section 9 of said act, the same being Section
3723 of Ballinger's Annotated Codes and Statutes aforesaid,
be and the same is hereby amended to read as follows:
Section 3723. Whenever it is desired to prosecute the con-
struction of a system of drainage within said district, said
district, by and through its board of cimmissioners, shall
file a petition in the superior court of the county in which
said district is located, setting forth therein the route and
termini of said system, with a complete description thereof,
together with specifications for its construction, with all nec-
essary plats and plans thereof, with draughts of any artificial
appliances or equipment necessary in aid thereof, together
with the estimated cost of such proposed improvement,
showing therein the names of the land owners whose lands
are to be benefited by such proposed improvement; the num-
ber of acres owned by each land owner, and the maximum
amount of benefits per acre to be derived by each land
owner set forth therein from the construction of said pro-
posed improvement, and that the same will be conducive to
Potition
what to set
forth.
SESSION LAWS, 1905.
863
the public health, convenience and welfare, and increase the
value of all of said property for purposes of public revenue.
Said petition shall further set forth the names of the land
owners through whose land the right-of-way is desired for
said improvement; the amount of land necessary to be taken
therefor, and an estimate of the value of said lands so sought
to be taken for such right-of-way, and the damages sustained
by any person or corporation interested therein, if any, by
reason of such appropriation, irrespective of any benefits to
be derived by such land owners by reason of the construction
of said improvement. Such estimate shall be made, respect-
ively, to each person through whose land said right-of-way
is sought to be appropriated. Said petition shall set forth
as defendants therein all the persons or corporations to be
benefited by said improvement, and all persons or corpora-
tions through whose land the right-of-way is sought to be
appropriated, and all persons or corporations having any
interest therein, as mortgagee or otherwise, appearing of
record, and shall set forth that said proposed system of
drainage is necessary to drain all of said lands described in
said petition, and that all lands sought to be appropriated for
said right-of-way are necessary to be used as a right-of-way
in the construction and maintenance of said improvement;
and when the proposed improvement will protect or benefit
the whole or any part of any public or corporate road or
railroad, so that the traveled track or roadbed thereof will
be improved by its construction, such fact shall be set forth
in said petition, and such public or private corporations own-
ing said road or railroad shall be made parties defendant
therein, and the maximum amount of benefits to be derived
from said proposed improvement shall be estimated in said
petition against said road or railroad: Provided, however,
That all maps, plats, field notes, surveys, plans, specifications, Maps, plats.
or other data heretofore made, ascertained or prepared under
laws heretofore enacted on the subject of this act, may be
used under the provisions of this act.
Sec. 3. Section 24 of said act, being Section 3738 of Bal-
linger's Annotated Codes and Statutes aforesaid, be and the
same is hereby amended to read as follows: Section 3738.
The board of commissioners of any drainage district or-
ganized under the provisions of this act shall, on or before
the first day of November of each year, make an estimate of
the cost of maintenance of the drainage system constructed
1
1
364
SESSION LAWS, 1905.
, how
estimated.
Elections
votori,
Cost of main. in such district, which estimate shall include the costs of
making any necessary repairs that it might become necessary
to make in the maintenance of such system. Such estimate
shall be made for the succeeding year, and the amount so
estimated shall be certified by the board of cimmissioners
to the auditor of the county in which such district is located
on or before said date, and the amount thereof shall be levied
against and apportioned to the lands in such district benefited
by said improvement, in proportion to, and upon the basis
of the value of such lands as fixed by the last preceding
equalized assessment roll of said County, and said amount
shall be added to the general taxes against said lands, and
collected therewith.
Sec. 4. Section 5 of said act being Section 3719 of Bal-
linger's Annotated Codes and Statutes of Washington, be
and the same is hereby amended to read as follows: Such
election shall be held on the day designated in such notice,
when held and shall be conducted in accordance with the general elec-
oligibility of
tion laws of the State of Washington, and no person shall
be entitled to vote at such election unless he shall be a quali-
fied elector of the county in which such district is located,
and shall have resided within the limits of such district, as
established by the board of county commissioners, for at
least thirty days next preceding such election. The board
of county commissioners shall meet on the Monday next
succeeding such election and proceed to canvass the votes
cast thereat, and if, upon such canvass, it appears that a
majority of the votes cast are for drainage district, "Yes,"
the board shall have an order entered upon their minutes
and declare such territory duly organized as a drainage dis-
trict under the name and style of drainage district No......
(here insert number( of (here insert name of county) of
the State of Washington, and shall declare the three persons
receiving respectively the highest number of votes to be duly
elected as a board of commissioners of such drainage dis-
Copy of order trict. Said board shall cause a copy of said order, duly
with secretary certified, to be filed in the office of the secretary of state,
and from and after the date of such filing such organization
shall be deemed complete, and such board of commissioners
so chosen at such election shall be entitled to enter imme-
diately upon the duties of their office, and upon qualifying
as county officers are required to qualify, and giving a bond
to the State of Washington for the benefit of said drainage
to be gled
of state.
Bond.
SESSION LAWS, 1906.
365
district, for the faithful performance of their duties as such
board of drainage commissioners in the penal sum of five
hundred dollars, with two or more sureties, to be approved
by the board of county commissioners, and shall hold such
office until the next general election for the election of officers
in such drainage district, and until their successors are
elected and qualified. Each board of commissioners there-
after, which may be constituted either by appointment or
election, shall enter into a like bond and of like effect before
entering upon their duties, which bond shall be approved by Approval of
the judge of the superior court of the county in which said
district is located, and shall be filed in said court.
Sec. 5. An emergency exists and this act shall take effect Emergency
immediately.
Passed the House February 20, 1905.
Passed the Senate March 9, 1905.
Approved by the Governor March 13, 1905.
a
SEC
CHAPTER 176.
(8. B. No. 188)
AMENDING ACT' RELATIVE TO FRUIT GROWING AND
HORTICULTURE.
AN ACT to amend sections four, ive ,8lx, seven, eight, twelve,
fourteen and ifteen of an act entitled, "An act to pro
mote the fruitgrowing and horticultural interests of the State
of Washington, to provide for the appointment of a commis.
sioner of horticulture; to repeal certain laws in conflict there
with, and to provide penalties and punishment for its violation,
making an appropriation therefor.
1
1
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That section four of said act be amended to
read as follows: Section 4. Fruit culturists in any county
Socioties, how
in this State are hereby authorized and empowered to orga- organizod.
nize into a horticultural society, and the better to promote
and protect the horticultural interests of the county, the
society will nominate three qualified persons for county
inspector of fruits, fruit trees, orchards, plants, boxes, barrels
366
SESSION LAWS, 1906.
Romoral
Con ocu.
)
and other packages in which fruits or fruit trees have been
shipped. The nomination shall be made to the board of
commissioners (of the county wherein said society is orga-
nized), who are hereby authorized and required to appoint
such person as county fruit inspector for a term of two
years, deliver to him a certificate of appointment, and mail
a duplicate copy of said certificate to the commissioner of
horticulture: Provided however, That county inspectors
Examinations shall be required to pass a satisfactory examination before
of inspector. the state horticultural commissioner, or the faculty of the
agricultural college before they are authorized to perform
the duties of their office. In counties where no horticultural
society exists, the county commissioners shall select and
appoint a suitable person to act as county inspector, and
report their action to the commissioner of horticulture for
Compensation.
confirmation. All county fruit inspectors shall be entitled
to such pay for their services as the board of county com-
missioners of the county in which their work was performed
may direct. Any county inspector shall be removed by the
commissioner of horticulture for incompetency, neglect of
duty, or other sufficient cause, upon complaint filed with him
signed by the proper officers of the horticultural society in
the county in which such inspector is sought to be removed :
Provided, That no such removal shall be made without giv-
ing such inspector a hearing and ten days' notice of the time
and place thereof, such hearing to be had before the com-
missioner of horticulture. In order to furnish to the office
of the commissioner of horticulture information regarding
the condition of orchards throughout the State, and to de-
termine the compensation of such county inspectors, they
shall make monthly reports to the commissioner of horti-
culture under oath upon blanks furnished by said commis-
Montbly sioner. All county fruit inspectors shall make a monthly
report to the county commissioners of their county, setting
forth the number of days' work performed and character
thereof, and make oath to the correctness of such statement
and furnish necessary vouchers upon which the county com-
missioners shall determine the accuracy of their accounts;
such monthly report and rendition of account shall be sworn
to by the county inspector before the celrk of the county
court. Any county inspector who shall in said report under
oath falsely state the number of days' work he has actually
performed in any month, shall be deemed guilty of perjury
report.
SESSION LAWS, 1905.
367
,
License and
a
and upon conviction thereof shall be liable to the penalty
provided by law therefor.
SEC. 2. That section five of said act be amended to read as
follows: Section 5. No person, firm, corporation or tree License to tell
dealer shall engage or continue in the business of selling
as agent, solicitor or otherwise within the State or importing
fruit trees, plants or nursery stock into the State without
first having obtained a license to carry on such business in
this State, as in this act provided.
Sec. 3. That section six of said act be amended to read as
follows: Section 6. Any person, firm, corporation or tree bond.
dealer, agent or solicitor may obtain a license to engage or
continue in the business of selling and importing fruit trees,
plants or nursery stock into this State, by submitting his
application therefor, to the commissioner of horticulture,
together with a satisfactory bond of one thousand dollars
made in conformity with the laws of the State of Washing.
ton. All bonds submitted shall be made in conformity with
the laws of the State of Washington, such bond to be ap-
proved by and filed with the said commissioner, conditioned
that the principal and his or their agents will faithfully obey
the provisions of this act, the laws of the State of Washing-
ton, and that the said principal pays the costs of inspection
and destruction of all infected nursery stock or other material
or goods imported into and sold within such district of this
State by the said principal, his or their agent. Any person
or persons shall have legal recourse against the bond for Rocourse for
damages
any damages accruing from the sale of or delivery of in-against bond.
fected nursery stock. All licenses issued by the commis-
sioner of horticulture shall bear the name of the solicitor,
agent or salesman and shall not be transferable. Any solicitor
or agent falsely representing any nursery, firm, corporation
or tree dealer shall be deemed guilty of a misdemeanor and
subject to a fine of not less than fifty nor more than one
hundred dollars, and such conviction shall ipso facto work
a forfeiture of his license. Any license granted to any per-
son, firm, corporation or tree dealer shall be suspended in Sospension of
its operation by the commissioner of horticulture upon the
report of the inspector that said person, firm, corporation
or tree dealer has introduced infected stock into the State
of Washington, and if upon examination by the commis-
sioner such report of the inspector shall be found to be sup-
ported by facts, such license shall at once be revoked. The
368
SESSION LAWS, 1905.
Toer.
Notico of
.
license fee for nurserymen and tree dealers shall be five
dollars, and for their agents or salesmen who shall be fur-
nished an authentic copy, two dollars and fifty cents. Said
money shall be collected by the state horticultural commis-
sioner and paid to the treasurer of the State of Washington.
All licenses shall expire on the first day of April, 1905, and
on the first day of April every second year thereafter.
Sec. 4. That section seven of said act be amended to read
as follows: Section 7. It shall be the duty of every person,
What to shov, firmi, corporation or tree dealer licensed to do business under
this act, to notify the horticultural commissioner of his
intention to ship an invoice of fruit trees, plants or nursery
stock from one point to another within the State, or to import
an invoice of similar goods from without to any point within
the State, whether for the purpose of sale or for personal
use. Such notice shall contain the name and address of both
consignor and consignee, and a descriptive invoice of the
goods to be shipped, the freight or express office at which
the goods are to be delivered, and the name or title of the
transportation company from which the consignees received
such goods. A copy of such notice shall also be mailed to
the county fruit inspector in the county in which the point
of destination is located. Such notices shall be mailed not
later than the date of such shipment. Upon receipt at
destination of any invoice of fruit trees, plants or nursery
stock, it shall be the duty of the freight agent, express agent,
or other transportation company's employee having such
invoice of fruit trees, plants or nursery stock in charge to
notify the county fruit inspector within whose jurisdiction
said invoice is received of the receipt of said invoice, naming
consignor and consignee and that said invoice is ready for
inspection, notification to be by telegraph or telephone, and
Inspection to hold said invoice for inspection by the county fruit in-
spector before delivering said invoice of fruit trees, plants
or nursery stock to the consignee; excepting, that said in-
voice need not be held more than twenty-four hours after
notification is made to the county fruit inspector. The said
inspection not to be made by the county fruit inspector
until the freight, express or other transportation charges are
paid, unless the freight agent, express agent, or other trans-
portation company's employee in charge of said invoice con-
sents to said inspection being made before said charges are
paid.
С
SESSION LAWS, 1906.
369
vinlation.
absence.
SEC. 5. That section eight of said act be amended to read
as follows: Section 8. Any person, firm, corporation or penalty for
tree dealer who shall sell within this State, or import into
this State, any fruit, scions, fruit trees, plants or nursery
stock in violation of the provisions of this act, shall be
deemed guilty of a misdemeanor, and on conviction thereof
shall be fined for each offense in any sum not less than fifty
nor more than one hundred dollars.
Sec. 6. That section twelve of said act be amended to
read as follows: Section 12. Whenever from any cause
Proceduro,
during
there shall be an absence of an inspector in any county, the
inspector's
county commissioners of such county shall be notified by
the commissioner of horticulture to appoint a county fruit
inspector. And in case of their failure to do so, the com-
missioner of horticulture shall have power to order an in-
spector from an adjoining county in his district to perform
the duties required by this act in the county needing the
services of such inspector, and the expense of such inspection
shall be chargeable to and paid for by the county in which
the said services are rendered in the manner hereinbefore
provided. Whenever any county fruit inspector requires
assistance in the discharge of his duties, he shall make writ-
ten application to the county commissioners for the tempo Assistance
for inspector
rary appointment of an assistant, stating the length of time
for which such assistant will be required, and all appoint-
ments of such assistant shall be left discretionary to the
board of county commissioners. Assistant county inspect-
ors shall have the same powers to perform the same duties
as county inspectors, and such assistant shall be entitled to
the same compensation, and to be paid in the same manner
as county inspectors.
SEC. 7. That section fourteen of said act be amended to
read as follows: Section 14. Any person or persons who Inspection of
shall bring into the State, have in their possession or offer for shrubs.
sale or distribute or give away fruit trees, shrubs, fruit or
other material infested with any kind of insect pest injurious
to fruii, fruit trees or plants, shall be guilty of a misdemeanor
and upon conviction thereof shall be punished by a fine of
not less than fifty dollars nor more than five hundred dol-
lars, or by imprisonment in the county jail not less than
sixty days nor more than one year: Provided, That for each
repeated offense the person or persons convicted may be
punished by a fine of not less than two hundred dollars nor
|
a
!
|
21
370
SESSION LAWS, 1906.
ortenso.
more than eight hundred dollars, or by imprisonment not to
exceed two years. Any person or persons who shall sell,
offer for sale, distribute or give away any tree or trees, root
or roots, grass, cuttings, or scions infected with insect pests,
spores or fungus growths, shall be deemed guilty of a misde-
Penalty.
ineanor, and on conviction thereof shall be punished by a fine
of not less than fifty dollars nor more than two hundred dol-
lars, or by imprisonment in the county jail not less than
Repetition of fifteen days nor more than thirty days. A repetition of the
offense shall subject the offender to increased penalty not
over the maximum above stated. Any nursery trees, shrubs
or plants which have been shipped from and to any place
within the State for distribution or for planting, and which
are infected with any injurious insect, larvae or fungus
growth, shall be disinfected under the direction of the in-
spector of the county where such trees and plants are taken,
and the cost of such disinfection shall be charged to the
owner of said articles and shall be a lien on such trees,
shrub or plants until paid, and the person in possession of
such articles being held subject to lien shall have a legitimate
claim against the party from whom he received the articles
for reimbursement of costs, including costs of collection, and
shall have recourse against the party from whom he received
the articles for reimbursement of costs, including cost of col-
lection, and shall have recourse against the bond of the person
furnishing the articles, and such claim may be enforced in
any court of competent jurisdiction of the State. That any
agent, tree dealer or salesman who shall solicit orders for
fruit trees and nursery stock shall leave with the person
giving such order, a duplicate of the same, and attach thereto
a certificate to be signed by such salesman or agent, naming
the nursery from which such nursery stock will be supplied
and its location.
Sec. 8. That section fifteen of said act be amended to
read as follows: Section 15. The county fruit inspector
orchards, etc. shall, in the performance of his duties as such inspector, have
on any day except Sunday, free access to orchards, nurseries,
gardens, hop fields, packing houses, fruit sheds and store
rooms where fruit may be kept; fruit boxes full or empty,
or any other material or place suspected of being infected
with insect pests or disease injurious to the fruit interest
of the State. If he find any nursery, orchard, garden or
other place or material infected with insects or fungus
Lien.
Access to
SESSION LAWS, 1906.
371
Costs to be
growth, larvae or spores injurious to the fruit interests, he
shall forthwith notify in writing, the owners, occupants or
persons in possession thereof that the same is infected, pro-
hibit their removal and direct the manner in which the same
shall be disinfected, if the owner, occupant or person in
possession of said orchard, garden, store room, fruit stand
or other place or infected material shall not within ten days
disinfect the same in the manner by the county inspector
provided, or shall not have appealed from the decision of
the county inspector to the commissioner of horticulture,
if the premises infected be an orchard, or nursery of fruit
trees, a garden, fruit stand or store room, and the person or
persons in charge thereof have neglected or refused to dis-
infect the said premises within the time specified in said
notice, nor have appealed as aforesaid ; then the county in-
spector shall enter on and disinfect part or all of said prem-
ises so neglected, and the cost thereof shall be a legimate lien.
(legitimate) charge and lien with interest until paid upon
the real property of the owner of such premises so disin-
fected; such lien shall be collectable with costs, in suit in
any of the courts of the State as other lawful claims are
collectable. If the infected property be transportable ma-
terial, the county inspector shall notify the person in charge
thereof not to remove the same and to disinfect the same
within twenty-four hours, and describe the manner of disin-
fection. If the person in charge of said infected material
neglect or refuse to disinfect the same as notified, or fail to
appeal, then the inspector shall destroy such infected ma-
terial or fruits, fruit boxes, baskets, wrappings, portable fruit
stands, by burning the same. If an appeal be taken the In-Appool.
spector shall after twenty-four hours notice take immediate
possession of such movable property, and safely keep them
until the appeal be decided. If the decision of the commis-
sioners be in favor of the appellant, the property shall be
returned to him; on an adverse decision the property must
be destroyed by the inspector. All appeals from the action
or demand of the county inspector shall be taken to the
state commissioner of horticulture. That no county fruit Inspectors not
inspector shall act as solicitor or agent for the sale or distri- sales of
bution of any nursery stock, supplies or machinery for use
in orchards, nor engage in the purchase or marking of fruit
from any orchard save his own. When satisfactory evidence
that any county fruit inspector has violated the provisions
!
1
i
trooi, otc.
872
SESSION LAWS, 1906.
of this section, the horticultural commissioner shall remove
such inspector and report the removal to the county com-
missioners of his (the inspector's) county.
Appropriation. SEC. 9. There is hereby appropriated out of any funds
in the State treasury, not otherwise appropriated, the sum
of thirteen hundred dollars for the purpose of defraying the
expenses of printing the minutes of the state horticultural
association, and for the expense of its secretary, and to
maintain an exhibit, and pay freight and express charges,
upon fruits and exhibits sent to said commissioners of hor-
ticulture.
Passed the House March 7, 1905.
Passed the Senate March 9, 1905.
Approved by the Governor March 13, 1905.
CHAPTER 177
(II. B. No. 272)
FOR THE REGULATION AND LICENSING OF PEDDLERS
AND VENDORS OF MERCHANDISE.
1
AN ACT relating to peddlers and vendors of merchandise, pro-
viding for licensing the same and prescribing a penalty for
violation thereof.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. That every person, firm or corporation who
peddles out, or, after shipment to the State, canvasses and
sells by sample to users or consumers, clocks, agricultural
implements or machinery, stoves, ranges, windmills, lighten-
ing rods, wagons, buggies, carriages, surreys, and other
similar vehicles, washing machines, sewing machines, churns,
or groceries shall pay in advance a licensc tax of two hun-
$200 per year. dred dollars ($200.00) for each calendar year, or portion
thereof, to be paid in each county in which said occupation
is pursued.
Sec. 2. Such license mentioned in Section 1 of this act
shall be paid to the county auditor of the county in which
suich business or occupation is to be pursued or conducted.
Licenso.
868SION LAWS, 1908.
373
And such county auditor shall thereupon issue to such
person a license under his official seal which shall permit
such licensee to pursue and conduct such business in such
county, for such calendar year or any unexpired portion
thereof.
SEC. 3. Any person violating any of the provisions of Penalty.
this act shall be deemed guilty of a misdemeanor and upon
conviction thereof, shall, for each offense, be punished by
a fine of not less than one hundred dollars nor more than
five hundred dollars or by imprisonment in the county jail
for a period of not more than thirty days or by both such
fine and imprisonment.
Passed the House March 3, 1905.
Passed the Senate March 8, 1905.
Approved by the Governor March 14, 1905.
CHAPTER 178.
(H. Sub. B. No. 22)
REGULATING LIFE INSURANCE COMPANIES.
AN ACT regulating life insurance companies, forbidding the pay.
meat of rebates, or the payment of commissions to other than
authorized agents.
1
1
.
tion
1
Be it enacted by the Legislature of the State of Washington:
SECTION 1. No life insurance company doing business Discrimina
in this State shall make or permit any distinction or dis-porno
permissible.
crimination in favor of individuals between insurants of
the same class and equal expectation of life in the amount
or payment of premiums or rates charged for policies of
life or endowment insurance, or in the dividends or other
benefits payable thereon, or in any other of the terms and
conditions of the contracts it makes; nor shall any such
company or any agent thereof make any contract of insur-
ance, or agreement as to such contract, other than as plainly
expressed in the policy issued thereon; nor shall any such
company or agent pay or allow, or offer to pay or allow as Rebatom
inducement to insurance, any rebate of premiums payable prohibited.
i
when
374
SESSION LAWS, 1906.
on the policy, or any special favor or advantage in the
dividends or other benefits to accrue thereon; or any valu-
able consideration or inducement not specified in the policy
contract of insurance.
Sec. 2. Every corporation violating any of the provisions
of this act shall be fined in any sum not exceeding five hun-
dred dollars.
Sec: 3. Every officer or agent of any such corporation
who shall violate any of the provisions of this act shall be
deemed guilty of a misdemeanor and shall be fined in any
sum not exceeding five hundred dollars or imprisonment in
the county jail not exceeding six months.
Sec. 4. Nothing in this act shall be construed as affect-
ing fraternal associations or secret societies, which may
insure the lives of their members only.
Sec. 5. All acts and parts of acts in conflict herewith
are hereby repealed.
Passed the House March 6, 1905.
Passed the Senate March 9, 1905.
Approved by the Governor March 14, 1905.
Reposl.
CHAPTER 179.
(8. B. No. 840)
PROHIBITING THE USE OF TRADE STAMPS, CHANCES,
PRIZES, ETC., IN SALES OF MERCHANDISE.
AN ACT making it a misdemeanor to sell or exchange property
under the representation, advertisement, notice or inducement
that an unidentified, unknown, upselected, or chance prize,
premium or premium gift, or that a stamp, trading stamp,
coupon or other like device, entitling the holder to receive
such a prize, premium or premium gift, or that the redemption
of such a stamp, trading stamp, coupon or other like device,
80 given, is to be part of the transaction, or to sell or ex-
change any trading stamp, stamp, coupon, or other like device
to aid such sale or exchange as aforesaid, and providing a
penalty therefor,
Conditions
of salo,
opomorstod.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. Whoever sells or exchanges any property or
offers or attempts so to do upon a representation, advertise-
ment, notice or inducement that anything unidentified by or
SESSION LAWS, 1906.
375
unselected by the purchaser at or before the time of the
sale or exchange or upon a representation, advertisement,
notice or inducement that anything whose precise nature is
not known to the purchaser at the time of the sale or ex-
change as to be completely identified beyond the necessity
of any further or other selection or upon a representation,
notice, advertisement, or inducement that any property
whose selection will depend upon chance or hazard in any
nianner whatsoever is or is to be delivered or received or is
in any way connected with or is a part of the transaction
as a prize, premium or premium gift; or whoever sells or
exchanges any property or offers or attempts so to do upon
a representation, advertisement, notice or inducement that a
stamp, trading stamp, coupon or other device which entitles
the purchaser to demand or receive either from the vendor
of from any other person, company, association or corpora-
tion any other property unselected by or unidentified by the
purchaser at or before the time of the said sale or exchange,
or which entitles the purchaser to demand or receive either
from the vendor or from any other person, corporation,
association or company any property whose selection will
depend upon chance or hazard or in any manner whatsoever,
is to be delivered or recieved or is in any way connected
with or is a part of the transaction as a prize, premium or
premium gift; or whoever sells or exchanges any trading
stanıp, stamp, coupon or other like device upon a contract
to enable the person to sell or exchange property, or attempt
so to do, upon any representation, advertisement, notice or
inducement of any kind hereinbefore mentioned; or whoever
delivers any goods, wares or merchandise upon the repre-
sentation of any such stamp, coupon or other like device
so given or caused to be given shall for each offense be
guilty of a misdemeanor and be punishable by a fine of not Penalty for
less than $20.00 or more than $500, or imprisonment in
a county jail for not less than ten days, nor more than six
months, or by both; Provided however, that the provisions Exception.
of this act shall not apply or extend in any manner to the
redemption of any such stamp, trading stamp, coupon, or
other like device that may have been issued as a premium,
prize or premium-gift prior to the time this act takes effect :
Not applicable
And, provided further, That the provisions of this act shall to bulk chip
not apply or extend to any sale or exchange of articles in bills, nor
bulk, heap or mass, or a part or portion thereof; which sale purposos.
violation.
.
3
i
ments or duo
charitable
1
|
376
8888ION LAWS, 1906.
or exchange is not made, effected or induced by or upon any
representation, advertisement, notice or inducement of any
kind hereinbefore specified: Provided further, That this act
shall not apply to any person giving a due bill on the salę
of merchandise and redeeming the same himself in mer-
chandise: Provided further, That this act shall not apply
to agricultural or church fairs conducted for scientific or
charitable purposes.
Passed by the House March 2, 1905.
Passed by the Senate March 8, 1905.
Approved by the Governor March 14, 1905.
CHAPTER 180.
18. B. No. 229)
TO PREVENT FRAUDULENT SALE OF RAILWAY TICKETS
TO TRAVELERS.
AN ACT entitled, "An act to prevent fraud upon travelers and
prescribing where, how, and by whom railroad tickets shall
be sold, and providing the terms upon which the redemption
of the whole or any part of such tickets as may not have
been used shall be made, and prescribing penalties for the
violation of this act."
Certificate to
agent, from
company.
a
Be it cnacted by the Legislature of the State of Washington:
SECTION 1. It shall be the duty of the owner or owners
or person or persons operating any railroad to provide every
agent who may be authorized to sell its tickets or other
evidence of a right to travel upon any railroad with a certifi-
cate setting forth the authority of such agent to make such
sale. Such certificate shall be duly attested by the corporate
seal of the owner of such railroad or of the corporation
operating the same, and by the signature of the manager,
secretary or general passenger agent of said railroad.
Sec. 2. Every agent, person, firm, or corporation en-
gaged in selling, issuing or dealing in railroad passenger
transportation in this State, must have a fixed place of busi-
ness in the town or city wherein such agent, person, firm,
or corporation transacts said business, and such agent, per-
Fixed place
of business.
a
SESSION LAWS, 1906.
377
a
.
son, firm or corporation is hereby required to keep the
certificate mentioned in Section 1 of this act, posted in a
conspicuous place in such place of business.
Sec. 3. It shall be unlawful for any person, firm, part. Porting of
cortifcato
nership, corporation or association of any kind who is not prior to sala
possessed of and has not posted the certificate of authority
as prescribed in Sections 1 and 2 hereof, to sell or exchange
or transfer or to offer for sale or exchange or transfer the
whole or any part of any railroad ticket or pass or other
evidence of a right to travel upon any railroad, whether the
same be situated or operated or owned within or without the
limits of this State.
Sec. 4. It shall be unlawful for any person, firm, part- Fraudulent
nership, corporation or association of any kind to set up,
establish, maintain, conduct or operate within this State any
office or other place of business for the sale or exchange or
transfer of the whole or any part of any railroad tickets or
passes or other evidence of a right to travel upon any rail-
road within or without the limits of this State unless such
person, firm, partnership, corporation or association is pos-
sessed of and has posted the certificate of authority as pre-
scribed in Sections 1 and 2 hereof.
Sec. 5. In all prosecutions under Section 4 of this act, evidence
proof of the maintenance of any office or other place of busi-hat consti-
ness within this State upon or within or in connection with
which is attached or displayed any sign bearing the words,
"Railroad Ticket Office," or "Cut Rate Office," or "Railroad
Tickets," or "Ticket Brokers," or any combination of such
words or any other words intended or calculated to advertise
to the public that the whole or any part of any railroad tickets
or passes or other evidences of a right to travel upon any
railroad are sold or exchanged or transferred therein without
having posted within such office or place of business a certifi-
cate of authority as provided in Section 3 hereof, shall be
sufficient evidence to establish a prima facie case against the
owner, proprietor, employee or person in charge of said
office or place of business.
Sec. 6. Any person or persons violating any of the pro- Penalty.
visions of Sections 1, 2, 3 or 4 of this act shall be deemed
guilty of a misdemeanor, and upon conviction thereof, shall
be punished by a fine of not less than one hundred nor more
than five hundred dollars, or by imprisonment in the county
Primi facio
.
tutes.
a
878
SESSION LAWS, 1905.
of tickets
or in part
jail not less than ten nor more than sixty days, or by both
such fine and imprisonment.
Rodomption SEC. 7. The owner or owners or person or persons oper-
cold, in whole ating any railroad in this State or any railroad doing busi-
ness therein shall redeem, upon presentation by the lawful
holder thereof to any of its ticket agents in this State, the
whole or any part of any railroad ticket or other evidence
of a right to travel upon his, its or their railroad which had
been sold, within or without this State, by any such owner
or owners or person or persons or any of his, its or their
duly authorized agents, if, for any reason, such holder has
not used the same, upon the following terms: If no part
of such ticket has been used, it shall be redeemed at the full
amount paid therefor; and where the ticket has been used
in part only, the unused portion shall be redeemed at the
remainder after deducting from the price paid for the whole
ticket, the regular tariff rate between the points between
which the portion of said ticket was used: Provided, Such
ticket or part thereof is so presented for redemption within
sixty days after the right to use said ticket has expired ac-
cording to the terms thereof.
Peoalty for Sec. 8. If any owner or owners of or person or persons
redeem ticket. operating any railroad mentioned in Section 7 of this act
shall fail, neglect, or refuse to redeem, as provided in said
Section 7, the whole or any part of any railroad ticket or
other evidence of a right to travel upon his, its or their rail-
road, he, it, or they, shall, upon conviction thereof, be pun-
ished hy a fine of not less than one hundred nor more than
five hundred dollars, and he, it or they shall in an action
instituted by the lawful holder of such railroad ticket or
other evidence of a right to travel, be liable to such holder
in a sum equal to treble the value thereof.
Passed the Senate March 7, 1905.
Passed the House March 9, 1905.
Approved by the Governor March 14, 1905.
.
failure to
SESSION LAWS, 1905.
379
MEMORIALS AND RESOLUTIONS.
SENATE JOINT MEMORIAL NO. 2.
To the Honorable the Senate and House of Representatives
of the United States in Congress assembled:
Your memorialists, the members of the Ninth Legislative
Session assembled of the State of Washington, hereby re-
spectively call attention to the desire of the people of the
State of Washington to have the south half of the Colville
Indian Reservation thrown open, and to the further fact that
there are now pending before Congress bills introduced by
Senator Addison G. Foster and by Representative Wesley
L. Jones.
Your memorialists respectfully endorse the provisions of
these bills and urge that pronipt and favorable action be
taken thereon.
Your memorialists are particularly desirous that the afore-
said legislation be expedited and that the law be enacted
throwing open the south half of the aforesaid reservation
during the present session of Congress.
And vour memorialists will ever pray.
Passed the Senate February 24, 1905.
Passed the House February 27, 1905.
SENATE JOINT MEMORIAL NO. 3.
3
To thc Honorable the Senate and House of Representatives
of the United States in Congress assembled:
Your memorialists, the members of the Ninth Legislative
Session assembled of the State of Washington, hereby
380
SESSION LAWS, 1905.
respectfully call attention to the necessity for further im-
provement of the Pend d'Oreille river in the State of Wash-
ington, in order to meet the urgent demands of commerce.
While the Government has rendered aid on behalf of the
improvement of this river, it is now necessary in order to
properly facilitate commerce that further improvements be
made, and that further appropriation be provided without
delay.
Wherefore, your memorialists pray that the Congress of
the United States take such necessary action as will insure
the prompt improvement of the Pend d'Oreille river to meet
the demands of commerce and shipping.
And your memorialists will ever pray.
Passed the Senate February 24, 1905.
Passed the House March 4, 1905.
SENATE JOINT MEMORIAL NO. 4.
To the Honorable the Senate and House of Representatives
of the United States in Congress assembled:
Your memorialists, the members of the Ninth Legislative
Session assembled of the State of Washington, hereby re-
spectfully call attention to the fact that about seven thousand
acres of irrigable lands lie along the east bank of the Colum-
bia river in Stevens County, from the mouth of the Colville
river south to the Ward Alats.
That an exaniination of this land has recently been made
under the direction of the United States Government with
a view to determining the feasibility of the proper irrigation
of the same, and that a favorable report has been made upon
the same.
And, whereas, the above irrigation project is greatly de-
sired and is entirely feasible, your memorialists urge that
such further examinations or surveys as may be deemed
necessary or advisable, be undertaken under the direction
of the proper department at the earliest possible date.
And your memorialists will ever pray, .
Passed the Senate February 24, 1905.
Passed the House March 4, 1905.
SESSION LAWS, 1906.
881
1
SENATE JOINT MEMORIAL NO. 5.
To the Honorable the Senate and House of Representatives
of the United States in Congress assembled:
Your memorialists, the members of the Ninth Legislative
Session assembled of the State of Washington, hereby re-
spectfully call attention to the grave need of immediately
improving the Columbia river between Wenatchee and Kettle
Falls in the northeastern part of this State.
A large number of prosperous cities and towns have grown
up along this branch of the river, and a very large number
of homesteaders and settlers have established themselves in
that part of the State. The land is productive and with
adequate transportation facilities the entire section will be
greatly benefited. At the present time products of the farms
cannot be marketed to the best advantage owing to the lack
of transportation facilities. By the expenditure of a com-
paratively small sum of money the river between Bridgeport
and Kettle Falls should be opened to navigation by light
draft flat bottom steamers.
Some years ago the government made an examination of
the upper Columbia in the State of Washington with the
view to making extensive improvements, but owing to
changed conditions a much smaller sum of money would
meet requirements at the present time.
We, therefore, urge the expenditure by Congress of suff-
cient funds to improve the river between Wenatchee and
Kettle Falls so that flat bottom steamers will encounter no
unreasonable difficulty in navigating said river.
We feel that the settlers who have gone into that part of
the State and developed the country are entitled to govern-
ment aid, in the matter of improvement of the upper Co-
lumbia.
Being mindful of the fact that a concurrent resolution
directing the Secretary of War to make the necessary investi-
gation of the cost of improving this river, and to report
plans, if necessary, relative thereto, has been presented to
the Senate of the United States by Senator A. G. Foster,
and also being mindful of the fact that such resolution has
i.
|
1
1
|
|
|
382
SESSION LAWS, 1905.
been passed by the Senate of the United States, and is now
before the Lower House of Congress for further considera-
tion, we respectfully urge that said resolution, should it be
deemed necessary to make any further examination of the
project by the Secretary of War, be passed without further
delay, and that the investigation contemplated therein be
expedited by the War Department.
Inasmuch as the War Department is in possession of
the salient facts relative to the needed and desired improve-
ment of the upper Columbia, your memorialists respectfully
urge that an appropriation sufficient to begin the work of
improving said river be made at once, and that any further
investigation looking to additional improvements be ordered
without delay.
Wherefore, your memorialists pray that the Congress of
the United States take such necessary action as will insure
the improvement of the Columbia river between Wenatchee
and Kettle Falls to meet the demands of commerce and
shipping
And your memorialists will ever pray.
Passed the Senate February 24, 1905.
Passed the House February 27, 1905.
SENATE JOINT MEMORIAL NO. 6.
To the Honorable the Senate and House of Representatives
of the United States:
Your memorialists, the members of the Ninth Legislative
Assembly of the State of Washington, most respectfully
represent as follows:
Your attention is respectfully invited to the Okanogan
irrigation project in the State of Washington, and to certain
affidavits and statements heretofore made and forwarded to
the Geological Survey urging the adoption of this project,
and certifying to the fact that the land when under water is
of sufficient value to warrant the construction of the project
SESSION LAWS, 1906.
383
at a cost of over forty to sixty and probably seventy-five
dollars per acre for an adequate water privilege.
Your memorialists urge that the project be further investi-
gated by the Geological Survey knowing that the soil is
peculiarly adapted to the raising of all northern varieties of
fruit including peaches, and will produce from three to four
crops of alfalfa per annum. Melons, tomatoes, sweet pota-
toes and other crops that do not thrive in the colder sections
all do remarkably well here. The climate is very little differ-
ent from that of the Yakima and Wenatchee valleys where
irrigation has been practiced with such remarkable success
as to raise the value of lands in cultivation up to from $200
to $400 per acre.
Your memorialists further state that the major portion of
the land coming under the said proposed irrigation project
is, owing to the shallowness of the soil and gravel subsoil,
wholly non-productive without irrigation, consequently land
values without irrigation are practically nothing while the
same soil and land with irrigation becomes abundantly pro-
ductive in fruit, vegetables and alfalfa.
Apples, peaches, pears, cherries, plums, apricots, quince,
etc., yield very heavily, in fact, the tendency is to fruit too
heavily; the flavor and color being equal, if not superior to
any other section of the country.
An average net income, even with total lack of transporta-
tion facilities, for the past six years, in orchards ranging
from six to twelve years old, has been thirty-five dollars per
acre, on present irrigated ranches.
Berries of all varieties, as well as grapes, yield splendid
results. Different kinds of nut-bearing trees, such as Eng-
lish and Japanese walnuts, butternuts, black walnuts, al-
monds, etc., offer satisfactory results to the planter. English
walnut trees ten years old produced this season fifty pounds
per tree. The yield and quality of vegetables is everything
that could be desired; melons and tomatoes are especially
fine. Alfalfa grows luxuriantly, yielding from five to nine
tons per acre; such lands will safely net ten per cent on a
valuation of one hundred and fifty dollars per acre. Irrigated
alfalfa rent readily for $10.00 per acre, with twelve and
one-half dollars to fifteen dollars per acre usually asked.
Your memorialists further state that the above statement
of facts has been certified to and sworn to by representative
!
:
384
SESSION LAWS, 1905.
.
citizens of Okanogan County as shown in the data already
forwarded direct by them to the Geological Survey.
Therefore, being mindful of the great value of these lands
when furnished with water by means of an irrigation project
such as is contemplated by the Geological Survey, your
memorialists earnestly urge that the project be approved and
that the further field examination be made and further, that
the great value of the lands when irrigated be taken into con-
sideration in connection with the cost of the project.
And your memorialists will ever pray.
Passed the Senate February 24, 1905.
Passed the House March 4, 1905.
SENATE JOINT MEMORIAL NO. 7.
To the Honorable Senate and House of Representatives in
Congress assembled:
Your memorialists, the Ninth Legislative Assembly of the
State of Washington :
WIIEREAS, The Legislative Assembly of the Territory of
Washington, memorialized Congress by joint resolution,
passed January 24th, 1857, and instructed therein their dele-
gate in Congress to exert his influence to procure the passage
of an act by Congress, granting to Sergeant Mathew Kelley,
Privates William Houser, Mathew Roach, Jeremiah Sheri-
dan, Frederick Bernaur, Hiram Smiley and Robert Williams,
of Company “H,” 4th Infantry, as a mark of commendation
for their efficient aid in protecting the citizens who escaped
the massacre at the Cascades, Washington Territory, on the
26-27 of March, 1856, and their gallant conduct in defending
the block-house at that place against the combined attacks
for three days, of several hundred Indians, the extra pay of
two dollars per month, as was allowed during the Mexican
war, to such non-commissioned officers and privates as re-
ceived certificates of merit for distinguished services, and,
WHEREAS, Many valuable lives were saved by the success-
ful stand made there and the recapture of the portage was
also aided by this defense, and,
SESSION LAWS, 1905.
385
WHEREAS, Said delegate in Congress failed to exert his
influence, as instructed by the said Legislative Assembly,
to procure the passage of an act by Congress granting to
each of the gallant men herein named a certificate of merit,
for their gallantry and distinguished services, and,
WHEREAS, Said service received merited recognition in
paragraph four of General Orders, No. 14, of 1857, of the
Army, as follows, to-wit:
"HEADQUARTERS,
NEW YORK, Nov. 13, 1867.
GENERAL ORDERS No. 14,
Paragraph four, in March, 1856.
Sergeant Kelley, Company "H" Fourth lafantry, with eight
men gallantly defended a small block-house, and protected the
public property at the Cascades, Washington Territory, for two
days against a body of Atty Indians. He had one man, Private
L. Rooney, killed and two privates, F. Bernaur and 0. McManus
wounded, the latter since dead of his wounds.
By command of Brevet Lieutenant General Scott.
IRVIN MCDOWELL,
A8818tant Adjutant General."
AND, WHEREAS, More than forty-eight years have passed,
without granting any substantial recognition of the services
of these courageous and patriotic soldiers, it in no wise
lessens or changes the merited obligation on the part of the
government toward said named gallant soldiers: Therefore,
be it
Resolved, By the Senate of the State of Washington, the
House of Representatit'es concurring, That our Senators and
Representatives in Congress, be and they are hereby re-
quested, to exert their influence to secure the passage by
Congress of an act granting to Robert Williams, Sergeant
of Ordnance, U. S. Army, retired, and his other comrades
named herein, if surviving, a certificate of merit for distin-
guished services and heroic conduct on that memorable and
historic occasion referred to by the Lieutenant General of the
American Army, and that the Secretary of State, be and he
is hereby directed to furnish a certified copy of this concur-
rent memorial to the President of the United States, Presi-
dent of the U. S. Senate, Speaker of the House of Repre-
sentatives and to our Senators and Representatives in Con-
gress, and your memorialists will ever pray.
Passed the Senate February 24, 1905.
Passed the House March 4, 1905.
22
386
SESSION LAWS, 1906.
SENATE JOINT MEMORIAL NO. 8.
To the Honorable the Secretary of the Interior of the United
States:
WHEREAS, The Olympic Forest Reserve in the State of
Washington comprises a portion of the Olympic range of
mountains traversed by the Dosewallips river, embracing a
region with a grandeur of natural scenery unsurpassed in
any other part of our country, but which is at present inac-
cessible to ordinary travel except for a distance of about
fourteen miles up the river, and,
WHEREAS, A road or trail through said territory would
open up a section of country at this time unexplored except
by a few hardy prospectors, but which would undoubtedly
be frequented by great numbers of tourists and pleasure
seekers if a means of access were provided, and,
WHEREAS, Said region, in addition to its scenic beauties,
is known to contain mineral deposits of value, notably gold,
manganese, stone and slate, and such a road or trail would
encourage exploration by prospectors, and in all probability
result in the discovery and development of valuable mines,
and
WHEREAS, There is now pending before the Secretary of
the Interior of the United States an application by Walter
F. Horner for the privilege of constructing a road or trail
up the Dosewallips river, commencing 77/2 miles west of
Brinnon, in Jefferson County, Washington, on the Olympic
Timber Reserve, and extending westward about fifty miles
from tide water at Brinnon to the heart of the Olympic
mountains, and
WHEREAS, From fourteen miles from tide water at Brin-
non to the head of the Dosewallips river, a distance of about
thirty-four miles, there is no merchantable timber; and
WHEREAS, Said Walter F. Horner is a veteran of the
Spanish-American war, having served his country with
honor and distinction in the Fourteenth Regiment of United
States Infantry; now, therefore, be it
Resolved, That the Legislature of the State of Washington
hereby respectfully memorializes the Secretary of the In-
SESSION LAWS, 1906.
387
terior of the United States to grant said application of said
Walter F. Horner; and your memorialists will ever pray.
Passed the Senate March 3, 1905.
Passed the House March 9, 1905.
SENATE JOINT RESOLUTION NO. 1.
Adopted by the Washington State Legislature, Session 1905.
WHEREAS, President Theodore Roosevelt is making a
praiseworthy effort to induce the National Congress to en-
large and strengthen the powers of the Inter-State Commerce
Commission to the end that railroads and other common
carriers may be brought under proper control, and
WHEREAS, The people of our State are in hearty sympathy
with the efforts of the President, therefore,
Resolved, by the Senate, the House concurring, That we
earnestly urge upon our Senators and Congressmen to assist
President Roosevelt, in every legitimate way in bringing
about the desired legislation.
Resolved, That a copy of these resolutions be mailed to
Senators Foster and Ankeny, and Congressmen Jones, Cush-
man and Humphrey.
Passed the Senate January 16, 1905.
Passed the House January 18, 1905.
SENATE JOINT RESOLUTION NO. 2.
WHEREAS, The United States, in aid of the navigation of
the Columbia river, has authorized the improvement of the
Columbia river, between the foot of the Dalles rapids and
the head of the Celilo Falls, by means of canals and the
388
SESSION LAWS, 1906.
improvement of the channel of said river, by an act of Con-
gress, approved June 13, 1902.
WHEREAS, The board of engineers authorized by said act
has recommended that no work should be begun until the
right of way therefor and release from damages have been
conveyed to the United States free of cost.
WHEREAS, The Legislative Assembly of the State of
Oregon duly accepted said proposal and passed an act at a
special session of said Assembly in 1903, appropriating the
sum of $100,000 and appointed a commission for the pur-
pose of securing said right of way.
WHEREAS, The said commission by authority of said act
has secured the said right of way as designated by the
L'nited States engineer in charge, and has expended therefor
the said money so appropriated, and has by said authority
tendered the said right of way to the Government of the
United States.
WHEREAS, The rapids at said Celilo completely obstruct
the navigation of said Columbia river at a point about 200
miles from its mouth, and the said canal when completed
would open to navigation 300 miles more of one of the
greatest rivers of the American Continent and afford a water
way to the sea for a vast extent of fertile and productive
territory, with incomparable resources in the States of Wash-
ington, Oregon and Idaho.
Now', Therefore, Be it Resolved, That it is the sense of
the Legislature of the State of Washington, that the faith
of the Government of the United States, lipon which the
State of Oregon has so relied, is pledged to the immediate
inauguration of said movement.
Resolrod, by the Senate of the State of Washington and
the House of Representatives thereof, That the said im-
provement is of great National importance, and would tend
to develop the commerce of an immense section of American
territory.
Resola'cd, That this Legislature does hereby petition the
Congress of the United States at its present session to make
such an appropriation as will put into immediate operation
the construction of said canal, and to authorize its completion
under the continuing contract system.
Resolved, That the Secretary of State be directed to
transmit at once by telegraph these resolutions to the Speaker
SESSION LAWS, 1905.
389
of the House of Representatives of the Congress of the
United States and to notify by telegraph the Washington
delegation in Congress of said transmission.
Passed the Senate January 18, 1905.
Passed the House January 19, 1905.
HOUSE MEMORIAL NO. I.
State of Washington, Ninth Regular Session.
To the Honorable the House of Representatives of the United
States in Congress assembled:
Your memorialists, the members of the Ninth Legislative
Session assembled of the State of Washington, hereby re-
spectfully call attention to the fact that there is a large
growing and prosperous settlement both north and south
of the Quiniault Indian Reservation in the State of Wash-
ington, and that communication between the aforesaid sec-
tions of the State would suffer grave injury should the
aforesaid reservation be included in the Olympic Forest Re-
serve and be set aside as an independent reserve.
All of the area included in the Quiniault Indian Reserva-
tion is suitable for agricultural purposes when the timber is
removed from portions now covered by the forest : that
there is also a large area of bottom land particularly suitable
for farming purposes. It is in the interest of the whole
State, and of great importance particularly to the settlers
along the Pacific Coast in the western part of the State, that
all of the lands suitable for agricultural purposes be available
for settlement and farming
Your memorialists further desire to impress upon Con-
gress the fact that it is deemed to be for the benefit of the
whole State that lands which are suitable for agricultural
purposes when the timber is removed, and which lands are
at this time, and hereafter might become part of the public
domain, should be thrown open to settlement under the pre-
vailing land laws of the United States.
390
SESSION LAWS, 1905.
At this time approximately nineteen per cent of the total
area of the State of Washington is included inside of forest
reserves. The sum total of this vast area is now approxi-
mately eight million acres. The per cent of forest reserve
areas in the State of Washington is nearly twice as large as
that of other States in the Union, and your memorialists feel
that this State has already contributed more than its share
to the Forest Reserve, and that in no case hereafter should
any lands suitable for agricultural purposes be included in
this reserve.
In reports recently made by the Bureau of Forestry it was
proposed to increase the reserved area by two million seven
hundred eighty-two thousand and eighty acres. Up to a
recent date nearly a million acres of this proposed increase
has been recommended. Over three hundred thousand acres
however were withdrawn from this proposed increase, and
your memorialists view with grave concern any movement
looking to the inclusion of additional areas which are suitable
for agricultural purposes when the timber is removed. And
inasmuch as the permanent reserves already created, together
with the proposed increases aggregate approximately ten
million acres, your memorialists urge that no further increase
be made whereby lands suitable for agricultural purposes
under any circumstances are included.
Therefore, being mindful of the fact that the aforesaid
Quiniault Indian Reservation lands are suitable for agricul-
tural purposes, your memorialists urge that the same be not
included in the Olympic Forest Reserve, but that these lands
be thrown open to settlement at as early a date as possible,
after allotments have been made to Indians who are legally
entitled to the same.
And your memorialists will ever pray.
Passed the House February 16, 1905.
Passed the Senate March 2, 1905.
SESSION LAWS, 1906.
391
HOUSE JOINT MEMORIAL NO. 7.
To the Honorable Senate and House of Representatives in
Congress assembled:
Your memorialists, the House of Representatives and the
Senate of the State of Washington, respectfully represent
that:
WHEREAS, It is of the greatest importance that the people
of this State and that the people of the United States be
brought nearer to each other in the exchange of their com-
modities; and,
WHEREAS, Great good will result to our State, from the
systematic construction of good roads throughout the State
as proposed by what is known as the National Good Roads
Movement;
Therefore, your memorialists respectfully urge the Con-
gress of the United States to early enact such laws as shall
encourage the National Good Roads Movement, and that
ample and sufficient appropriation be made therefor.
Passed the House March 4, 1905.
Passed the Senate March 9, 1905.
392
SESSION LAWS, 1905.
AUTHENTICATION.
STATE OF WASHINGTON,
OFFICE OF THE SECRETARY OF STATE.
I, SAM H. NICHOLS, Secretary of State of the State of
Washington and custodian of the seal of said State, do here-
by certify that I have carefully compared the foregoing pub-
lished laws, memorials and resolutions, passed by the Legis-
lature of the State of Washington, at its ninth biennial
session, from January 9th to March 9th, inclusive, in 1905,
with the original enrolled laws, memorials and resolutions
now on file in this office, and find the same to be full, true
and correct copies of said originals, with the exception of
such corrections in orthography and use of words, as indi-
cated by the use of brackets, thus ( ), in each case, as
provided by law.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and affixed hereto the seal of the State of Wash-
(SEAL] ington. Done at Olympia, this thirty-first day of
March, A. D., 1905.
SAM H. NICHOLS,
Secretary of State.
EXPLANATORY NOTE.
The Ninth Legislature convened on January 9th, 1905, at
12 o'clock noon (that being the second Monday) and ad-
journed sine die on March 9th, 1905, at 12 o'clock midnight.
All laws passed by said session and approved by the Gov-
ernor take effect in ninety days, or at 12 o'clock, midnight,
on June 7th, 1905, except certain relief bills and those acts
having an emergency clause.
SAM H. NICHOLS,
Secretary of State.
LIST OF ACTS
PASSED BY THIE LEGISLATU'RE OF TIIF STATE OF WASHINGTOX, AT TAB
NIXTH SESSIOX TIEREOF, FROM JAXI'ANY 9, 1003, TO MARCH 9, 1903,
INCLUSIVE.
Chap
TITLE.
Page.
1 AN ACT appropriating the sum of eighty thousand dollars or so
much thereof as may be necessary, for the expenses of the
Ninth Legislature.- Approved January 13, 1905...
1]
2 AN ACT for the relief of E. G. Blckerton for services as a licensed
auctioneer in the matter of the sale of certain school lands in
King County, and making an appropriation therefor.-(See
note, page 12).
11
3 AN ACT for the relief of the Puget Sound Saw Mill and Shingle
Company for money paid on & contract for the sale of tide
lands, and making an appropriation therefor.- (See note,
page 13)...
12
4 AN ACT repealing Chapter LIX, Session Laws of 1899, same
being an act entitled "An act relating to the law of libel and
providing for opportunity of retraction of Ilbel," and declaring
an emergency - Approved January 19, 1903....
13
5 AN ACT to increase the number of judges of the Supreme Court
of the State of Washington, relating to the powers of said
Court, and declaring an emergency - Approved January 19,
1905
14
6 AN ACT to provide for the collection, exhibition and maintenance
of the products of the State of Washington at the Lewis and
Clark Centennial and American Pacific Exposition and Oriental
Fair, 1905, at Portland, Oregon, making an appropriation
therefor, and repealing Chapter One Hundred and Eighty-eight
(188) of the Session Laws of 1903, and declaring an emergency.
- Approved January 25, 1905.....
15
7 AN ACT providing for the survey, establishment and repair of
certain State highways, and making an appropriation therefor.
-(See note, page 23)......
18
8 AN ACT to provide for the extermination of coyotes and wolves
in the State of Washington, and for the payment of bounties
for such extermination, and making an appropriation therefor.
-(See note, page 25).....
23
394
SESSION LAWS, 1906.
LIST OF ACTS CONTINUED.
Chap
TITLE.
Page.
9 AN ACT providing for slx judges of the Superior Court of the
State of Washington, in and for King County, and fixing the
term of otice of the additional judge appointed, and providing
for the election of a judge at the general election in November,
1906, and providing for the election of six judges at the general
election in November, 1908, and every four years thereafter,
and declaring an emergency - Approved February 3, 1905....
28
10 AN ACT amending Section 6561 of Ballinger's Annotated Codes
and Statutes of Washington, same being Section 2904 of
Pierce's Washington Code, relating to security for costs in
Justice Courts.--Approved February 3, 1905....
27
11 AN ACT to amend Section 4251 of Ballinger's Annotated Codes
and Statutes of Washington (Pierce's Washington Code, Sec-
tion 7054) relating to the organization and management of
private corporations, and declaring an emergency.- Approved
February 14, 1905..
27
12 AN ACT appropriating funds for the relief of Dora W. Cryder.
man, Rose Morgan, Emma Tuttle, Mrs. G. H. Funk, Mrs. H. G.
Blackmore, C. Will Sbafer and Etta Arland.- Approved Feb-
ruary 14, 1905.....
20
13 AN ACT empowering Boards of County Commissioners to make
exhibits of the products of their respective counties at the
Lewis and Clark Centennial and American Pacific Exposition
and Oriental Fair, 1905, at Portland, Oregon, and to appro
priate money from the County current expense fund to meet
the expenses of such exbibits, and declaring an emergency.
-Approved February 14, 1905..
30
14 AN ACT for the relief of Joseph Canutt.— Approved February
14, 1906
30
15 AN ACT for the relief of Garfield County.-Approved February
14, 1905
31
16 AN ACT to amend Section 5173 of Ballinger's Annotated Codes
and Statutes of Washington, the same being Section 1110 ni
Pierce's Washington Code, relating to costs in civil actions.-
Approved February 14, 1905....
32
17 AN ACT amending Section 6403, Ballinger's Annotated Codes and
Statutes of Washington, relating to bonds of guardians and
prescribing the requirements thereof.- Approved February 14,
1905
33
.
SESSION LAWS, 1906.
395
LIST OF ACTS –CONTINUED.
Chap
.
TITLE.
Page.
18 AN ACT to provide for the apprehension, trial, treatment and
control of delinquent children under the age of seventeen
years.-Approved February 15, 1905....
34
19 AN ACT to amend Sections one (1), two (2) and seven (7) of
an act entitled, "An act to provide for the committing of
juvenile offenders to the State Reform School at Chebalis,"
approved March 7, 1891, the same being Sections 8524 and
8525 and 8530 of Plerce's Washington Code.- Approved Febru-
ary 15, 1905...
39
20 AN ACT amending Section 6754 of Ballinger's Annotatea Codes
and Statutes of Washington, being Section 3034 of Pierce's
Washington Code, relating to appeals from Justice Courts in
civil action.-Approved February 15, 1905...
41
21 AN ACT ixing the salaries of County Commissioners in counties
of the first class. and amending Section one of an act entitled
"An act to amend Sections 3 to 31, both inclusive, of an act
entitled 'An act classifying the counties according to popula.
tion, enumerating the county oficers, fixing the salaries there
of, providing for deputies, collection of fees and payment of
salaries;'" sald section hereby amended being Section one of
Chapter CLXI of the Session Laws of 1895, amendatory of
Chapter 10 of the Laws of 1890, and approved March 20, 1895,
being the same as Section 4007 of Pierce's Washington Code.-
Approved February 16, 1905.....
...
42
22 AN ACT providing for the appointment and election of a judge
of the Superior Court of the State of Washington, in and for
the County of Stevens, and providing for the election of three
judges of the said Superior Court in and for the County of
Spokane, and specifying the County of said State over which
the present judge of said Superior Court in and for the
Counties of Spokane and Stevens, jointly, shall preside; and
axing the term of office of the judge appointed; and declaring
an emergency.-Approved February 16, 1905..
43
23 AN ACT in relation to estrays, providing for their detention,
registration and sale, and prescribing penalties for its viola.
tion.- Approved February 16, 1905...
44
24 AN ACT providing for the susponsion and withholding of sen.
tence of persons under the age of twenty-one yeurs, who havo
been convicted of a misdemeanor or felony in the Superior
Courts of the State of Washington.- Approved February 17,
1906....
49
396
SESSION LAWS, 1905.
LIST OF ACT8COXTIS C'ED.
Chap.
TITLE.
Page.
25 AN ACT relating to the employment of special attorneys and
counsel by County Commissioners.- Approved February 17,
1905.....
50
28 AN ACT providing for the introduction of testimony given in a
former trial, action or proceeding.--Approved February 23,
1905...
60
27 AN ACT authorizing and empowering any corporation to sub-
scribe for, and to acquire by purchase or otherwise, and hold,
own, sell, assign and transfer shares of the capital stock of
another corporation, and to participate in and vote said stock
at any and all stockholders' meetings, and validating existing
holdings of stock by corporation.--Approved February 23, 1905.
51
28 AN ACT directing the sale of the following described land, to-
wit: "Beginning on the north bank of the Columbia river at
& point ten rods east of the section line between sections
seventeen and eighteen, township nine north, range pine west
of W. M.; thence north six rods; tience west two rods; thence
north fourteen rods; thence west eighteen rods; thence south
twenty rods to the bank of the Columbia river; thence east
along the meanders of said river to the place of beginning,
being two and Afty one-hundredths acres in sections seventeen
and eighteen, township nipe north, range nine west of W. M.,"
and making an appropriation therefor, and declaring an
emergency.-Approved February 23, 1905....
52
29 AN ACT authorizing the assessment of lands held or owned
any County in the State, within the limits of incorporated
cities or towns in such County, for local improvements, and
providing for the payment of such assessments.- Approved
February 23, 1905....
63
30 AN ACT making an appropriation for the use of the division of
public documents of the State Library.- Approved February
24, 1905.
64
31 AN ACT relating to banking, and regulating foreign banks and
foreigo bankere doing business within this state, and provid.
ing a penalty.--Approved February 24, 1905......
55
32 AN ACT making a defcleacy appropriation for The State
Oyster Board of the State of Washington.- Approved Febru-
ary 24, 1905..
66
33 AN ACT relating to the punishment of the crime of seduction,
and amending Section 7066 of Ballinger's Annotated Codes and
Statutes of Washington.- Approved February 24, 1905....
87
SESSION LAWS, 1908.
397
LIST OF ACTS CONTINUED.
Chap
TITLE.
Page.
.
34 AN ACT to repeal an act entitled, "An act to amend Section 1
(Pierce's Code, Section 3921) of an act entitled, 'An act to
provide for annexing certain county territory to a neighboring
county to which it 18 contiguous,' and to repeal Section 10
of said act, approved March 9, 1891," approved March 16, 1903,
and declaring an emergency.-Approved February 24, 1905..
58
35 AN ACT for the relief of John H. Willms, and authorizing the
Commissioner of Public Lands of the State of Washington to
relinquish on bebalt of the State of Washington, for the
benefit of John H. Willms, the south ball of the south ball of
section 36, township 25 north of range 22 east of the Wil.
lamette Meridian.- Approved February 24, 1905....
68
30 AN ACT relating to the Superior Court of Snohomish and Kitsap
Counties, providing for the election of judges therein and pro-
viding for the appointment of a judge for Kitsep County and
declaring an emergency.-Approved . February 27, 1906......
69
37 AN ACT relating to maintenance, repair and renewal of sidewalks
in cities of the inst, second, third and fourth class, and other
cities and towns of equal population working under special
charters, and providing for the payment thereor by the owners
of abutting property.-Approved February 24, 1905.....
61
38 AN ACT creating the onice of Chaplain of the State Penitentiary,
prescribing his duties and fixing his compensation.-Approved
February 27, 1905...
83
39 AN ACT to amend Sections 1362 and 1394 of Ballinger's ADDO-
tated Codes and Statutes of the State of Washington relating
to elections.- Approved February 27, 1905...
84
40 AN ACT providing for the incorporation and regulation of live
stock insurance companies and associations, and declaring au
emergency - Approved February 27, 1905....
88
41 AN ACT to amend Section 3 of an act entitled, "An act to regu.
late the practice of medicine and surgery in the State of
Washington, and to license physicians and surgeons; to punish
all persons violating the provisions of this act, and to repeal
all laws in conflict therewith, and declaring an emergency,"
received by the Governor March 28, 1890, and having become
a law by reason of not having been filed, with the Governor's
objections thereto, in the office of the Secretary of State
within the time prescribed by the Constitution of the State,
5
398
SESSION LAWS, 1906.
LIST OF ACT CONTINUED.
Chap
TITLE.
Page.
as amended by an act passed by the House of Representatives
February 8, 1901, and by the Senate February 14, 1901, there-
after vetoed by the Governor, and passed over bis veto by the
House of Representatives and by the Senate on February 28,
1901, the same being known as Section 6284 of Pierce's Code.
-Approved February 27, 1905: ....
70
42 AN ACT to prevent the fraudulent removal, sale, disposition of,
encumbrance or destruction of personal property and to pro
vide punishment for the violation thereof.- Approved Feb
ruary 27, 1905.....
72
43 AN ACT creating two certain funds in the State treasury; one to
be known as “The current fund of the Agricultural College
and School of Science," sad the other to be known as "The
Normal School current fund.""-Approved February 27, 1905..
73
44 AN ACT for the relief of Frank C. Owings, and making an ap-
propriation therefor.–Approved February 27, 1905...
74
45 AN ACT for the relief of the Capitol (Capital) National Bank of
Olympia for money advanced for the maintenance of the State
Capitol and making an appropriation therefor.-Approved
February 27, 1905..
75
46 AN ACT to amend Section 28 of an act entitled, "An act to de-
ine, regulate and govern the State Penitentiary and declaring
an emergency," approved March 9, 1891, being Section 2757
of Ballinger's Annotated Codes and Statutes of Washington,
being Section 6924 of Pierce's Washington Code.- Approved
March 2, 1905...
76
47 AN ACT authorizing the Board of State Land Commissioners of
the State of Washington to extend the time for the removal
of timber sold on State, granted, or school lands.-Approved
March 2, 1906..
77
48 AN ACT providing for sanitary conditions in hotel and restaur.
ant kitchens, and providing penalties for non-compliance
therewith.-Approved March 2, 1905...
77
49 AN ACT making the drawing, or uttering, of a bank check or
draft for the payment of money, without funds or credit to
meet the same upon presentation, a felony, and prescribing a
penalty therefor.-Approved March 2, 1905...
78
-
SESSION LAWS, 1906.
399
LIST OF ACTS_CONTINUED.
Chap
TITLE.
Page.
80 AN ACT prohibiting the sale of milk or any food product in
which formaldehyde or other poisonous substances shall have
been mixed as an ingredient; declaring the same a felony;
providing a penalty therefor; and requiring the State Dairy
and Food Commissioner, Attorney General and Prosecuting
Attorneys to enforce the provisions hereof.- Approved Marcb
2, 1905 ...
79
K1 AN ACT to amend Sections 5 and 6 of "An act to provide
against the adulteration of food and fraud in the sale there-
of; creating a State Board of Food Commission, deining their
duties and providing for the appointment of an oficer to be
known as the State Dairy and Food Commissioner; providing
for the enforcement of tbe law and fixing a penalty for viola-
tion thereof; making an appropriation, declaring an emer.
gency and repealing, "An act to provide against the adultera.
tion of food, approved March 13, 1899," approved March 16,
1901.- Approved March 2, 1905...
80
82 AN ACT to provide for the payment by the State or Counties or
Cities of the premium or charge on oficial bonds of State,
County or City Treasurers when given by surety companies.
- Approved March 2, 1905....
82
83
63 AN ACT to change the name of the Washington Agricultural
College Experiment Station and School of Science to the
State College of Washington.-Approved March 2, 1905.......
64 AN ACT to amevd Section one (1) of Chapter forty-seven (47)
of the laws of 1903, providing for a closed season for trout
fishing in the lakes and streams of Chelan County.-Approved
March 2, 1905.....
83
56 AN ACT to enable cities of the first, second and third classes,
and other cities and towns working under special charters,
having sufficient population to authorize them to re-incor.
porate under the laws of the State of Washington, as cities
of the first, second or third class, to exercise the right of
eminent domain for the taking and damaging of land and
property for public purposes, providing a method for making
compensation therefor, and providing for special assessments
in certain cases upon property benefited, and declaring an
emergency.--Approved March 3, 1905....
84
88 AN ACT to amead Sections 23, 137, 145 and 175 of an act en-
titled, "An act to establish a general, uniform system of pub-
lic schools in the State of Washington, and repealing Chapter
VI of Title III, Chapter VII of Title V, all of Title X except
Chapter XVII, Chapter IV of Title L, all being of Volume I
400
SESSION LAWS, 1905.
LIST OF ACT CONTINUED.
Chap
TITLE.
Page.
of Hill's Annotated Statutes and Codes of Washington; also
repealing all amendments thereto; also repealing an act en.
titled, 'An act concerning the formation of new school
districts, changing the boundaries and transferring terri.
tory from one district to another; approved March 9,
1893; also repealing an act entitled, 'An act to provide for
the management and control of State Normal Schools in the
State of Washington, approved March 10, 1893, and all
'
amendments thereto; also repealing an act entitled, 'An act
granting to school districts the right to purchase school house
sites of school lands belonging to the State of Wasbington
of not less than one acre and not more than five acres, and
granting to school districts the preference right to purchase
such sites, and declaring an emergency.' approved February
26, 1895; also repealing an act entitled 'An act relating to
the indebtedness of school districts, providing means and
methods for paying and funding the same, and means for
validating the same or any part thereof incurred in excess of
one and one-halt per centum of the taxable property of the
school district without the assent of three-fifths of the voters
of the school district voting at an election held for that pur.
pose, and declaring that an emergency exists for the taking
effect of this act on its passage and approval by the governor,'
approved March 1, 1895; also repealing an act entitled, "Aa
act to provide for the formation of joint school districts and
to prescribe the minimum number of school children required
for the formation of now school districts, and declaring an
emergency,' approved March 13, 1885;" said act of which this
act is amendatory, being known and cited as the Code of
Public Instruction of the State of Washington, and being
Chapter CXVIII of the Session Laws of 1897, approved March
19, 1897.- Approved March 3, 1905...
.
104
57 AN ACT to amend Section 4 of an act approved March 18,
1895, entitled, “An act to provide for the organization and
incorporation of companies for clearing out and improving
rivers and streams in this state, and for the purpose of driv.
ing, sorting, holding and delivering logs and other timber
products thereon, and ixing maximum tolis therefor," as
amended by Chapter XXXI of the laws of 1897, upproved
March 4, 1897, entitled "An act to amend Section tour of an
act approved March 18, 1896, entitled 'An act to provide for
the organization and incorporation of companies for clearing
out and improving rivers and streams in this state, and for
the purpose of driving, sorting, holding and delivering logs
and other timber products thereon, and ixing maximum tolls
theretor.'"-Approved March 3, 1905...
108
SESSION LAWS, 1906.
401
LIST OF ACT CONTINUED.
Chap
TITLE.
Pages
68 AN ACT amending Section 4576 of Ballinger's Annotated Codes
and Statutes of Wasbington (same belog Section 5343 of
Pierce's Washington Code), relating to contracts and providing
that certain contracts shall be void unless in writing.- Ap-
proved March 3, 1905....
110
69 AN ACT to establish a Board of Commissioners for the promo-
tion of uniformity of legislation in the United States.-Ap
proved March 3, 1906....
111
80 AN ACT to enable coroners of counties having a population of
ifty thousand or more inhabitants to appoint a Deputy Cor-
oner for such counties and prescribe bis duties.- Approved
March 3, 1905...
112
61 AN ACT providing for the Irrigation, improvement and sale of
lands granted to the State of Washington for any and all,
purposes and uses.--Approved March 3, 1905..
119
62 AN ACT amending Section 2946 of Ballinger's Codes and Statutes
of Washington, and relating to the maintenance and trial of
actions by persons injured in their persons, property, or means
of support by intoxicated persons or in consequence of the
intoxication of persons.- Approved March 3, 1905.....
120
63 AN ACT to amend Sections 1, 2, 3 and 6 of an act entitled, "AD
act to provide for the extermination of coyotes and wolves in
the State of Washington and for the payment of bounties for
guch exterinination, and making an appropriation therefor,"
pussed by the House notwithstandipg the Governor's veto,
January 24, 1905, passed by the Senate notwithstanding the
Governor's veto January 26, 1905, and fled in the office of
the Secretary of State January 27, 1905, and providing for
the extermination of other wild animals and the payment of
bounties therefor.--Approved March 3, 1905.....
121
64 AN ACT to amend Section 6 of an act entitled, "An act making
provisions for the incorporation of cemetery associations, de.
fining their powers, and prescribing & penalty for injury to
their property," approved March 6, 1899.- Approved March 3,
1905...
123
85 AN ACT providing for the amendment of section 16 of Article
one (1) of the Constitution of the State of Washington, relat-
ing to the exercise of the power of eminent domain.---Approved
March 4, 1905...
124
23
402
SESSION LAWS, 1906.
LIST OF ACTA-CONTINUED.
Chap
TITLE.
Page.
88 AN ACT to regulate plumbing in cities having a population of
ten thousand inhabitants or over, providing for the licensing
of persons to carry on the business and work of plumbing,
creating a Board of Plumbing Examiners, ixing the compen-
sation of plumbing examiners, providing a penalty for the
violation hereof and repealing all acts in conflict herewith.-
Approved March 4, 1905.
128
67 AN ACT providing for the amendment of section one of article
XXI of the Constitution of the State of Washington, entitled,
"Water and Water Rights," by enlarging the public use of the
waters of this state so as to include the removal of timber
products.-Approved March 3, 1905.....
131
88 AN ACT appropriating the sum of ten thousand dollars, or 80
much thercof as may be necessary, for the expenses of the
Ninth Legislature.- Approved March 6, 1905.....
132
69 AN ACT providing for the rate of interest to be paid on certain
bonds of faland County, and owned by the State of Washing.
ton.-Approved March 6, 1905......
132
70 AN ACT providing for the care of defective and feeble minded
youth, establishing an institution therefor, providing for the
construction of buildings, making an appropriation, and de-
claring an emergency.-Approved March 6, 1906...
133
71 AN ACT to amend Chapter ninety-seven of the Session Laws of
1903, being "An act providing for the lacorporation and regu-
lation of Mutual Fire Insurance Companies."—Approved
March 6, 1905...
136
72 AN ACT to secure and perpetuate lions upon chattels for labor,
skill and material expended thereon, and providing for the
enforcement thereof.- Approved March 6, 1905..
137
73 AN ACT appropriating the sum of six thousand dollars for the
Use and benefit of The Florence Crittenton and the White
Shield Home rescue work for the State of Washington.-Ap-
proved March 6, 1905......
189
74 AN ACT to establish and maintain a State Fish Hatchery on the
Humptullps River, Chebalis County, Washington.- Approved
March 6, 1906...
.
140
75 AN ACT empowering cities of the third and fourth class to levy
and collect an annual street poll tax, and declaring an emer-
gency - Approved March 6, 1906....
140
SESSION LAWS, 1906.
403
LIST OF ACT8–CONTINUED.
Chap
TITLB.
Page.
76 AN ACT donating to the City of Seattle all the shore lands and
waters of Green Lake in the City of Seattle, King County,
State of Washington.-Approved March 6, 1905....
141
77 AN ACT amending Section 7109 of Ballinger's Annotated Codes
and Statutes of Washington, relating to petit larceny and
providing a penalty therefor.-Approved March 6, 1905....
142
78 AN ACT to prohibit the advertising of treatment or cure of
venereal diseases and disorders, declaring the same a mis-
demeanor and prescribing a penalty therefor.-Approved
March 6, 1905....
142
79 AN ACT to provide for the erection of screens or grills at the
head of irrigating fumes, ditches or canals on streams where
state Ash batcheries are located for the purpose of preventing
mountain trout or other food fishes from entering said flumes,
ditches or canals, and providing & penalty for the violation
thereof.-Approved March 6, 1905....
143
80 AN ACT to establish a State fish hatchery on the Cheballs river,
in Lewis County, in the State of Washington.- Approved
March 6, 1905...
144
81 AN ACT to ostablish a railroad commission for the State of
Washington, whereby discrimination and extortion in railroad
and express charges may be prevented and reasonable and
just freight and passenger service and tarit may be corrected
and established; to authorize the commission to make all
necessary rules and regulations for its government, and the
carrying into effect the provisions of this act; to give to said
commission the power to regulate the sale of railroad tickets,
aud to correct and provide charges for hauling loaded or
empty cars, proper trackage, proper train service, suficient
freight and passenger rooms, and just and reasonable Jolat
rates and demurral charges; to prescribe penalties for the
violation of this act, and to provide means and rules for its
proper enforcement, and making an appropriation therefor.-
Approved March 7, 1905...
145
8 AN ACT relating to the incorporation, management and powers
of companies having for their object the building of toll log-
ging roads, chutos, water ways and other ways for the trans-
portation of logs and other timber products, and conferring
upon such companies the power of eminent domain, and doclar-
ing an emergency.-Approved March 6, 1905...
161
404
SESSION LAW8, 1905.
LIST OF ACTS CONTINUED.
Chap.
TITLD.
Page
83 AN ACT to amend Sections 1 and 8 of an act entitled, "AD
act creating a Bureau of Labor, defining its duties, abolishing
the ofice of Assistant Labor and Factory, Mill and Railway
Inspector, repealing Chapter XXIX of the Laws of 1897; mak.
ing an appropriation and declaring an emergency;" approved
March 16, 1901.-Approved March 6, 1905....
183
84 AN ACT providing for the protection and health of employes in
factories, mills or workshops, where machinery is used, and
providing for suits to recover damages sustained by the viola.
tion thereof, and prescribing a punishment for the violation
thereof, and repeallog an act entitled, "An act providing for
the protection of employes in factories, mills or workshops
where machinery 18 used, and providing for the punishment
of the violation thereof," approved March 6, 1903, and repeal.
ing all other acts or parts of acts in conflict herewitb.-AP
proved March 6, 1905..
184
85 AN ACT amending Sections 215, 220, 221, 222 and 223 of the
Code of Public Instruction, relating to the Normal Schools.-
Approved March 6, 1905...
170
88 AN ACT amending Sections 3, 5, 11 and 12 of an act entitled,
"Ad act defining forcible entry, forcible detainer and unlawiul
detainer of real property, and providing remedies therefor
by summary proceedings," approved March 7, 1891.- Approved
March 6, 1905...
178
87 AN ACT to amend Sections three and twenty-seven of an act
entitled, "An act to provide for the establishment and creation
of Diking Districts and the construction and maintenance of a
system of dikes, and to provide the means of payment thereof,
and declaring an emergency," approved March 20, 1895.-AD
proved March 6, 1906....
177
88 AN ACT relating to the appropriation of waters of the State for
irrigation purposes, granting to the United States the right
to exercise the power of eminent domain in acquiring lands,
water and other property for rights of way, and for reservoirs
and other irrigation works, granting to the United States
certain rights in State lands and in the waters of the State,
relating to water users' Associations, and declaring an
emergency.- Approved March 4, 1906...
180
89 AN ACT to create the County of Benton, subject to the require-
ments of the State Constitution and Statutes in respect to the
establishment of new counties.- Approved March 8, 1905...
186
SESSION LAWS, 1906.
405
LIST OF ACTS-CONTINUED.
Chap
TITLE.
Page.
90 AN ACT making appropriations for the salaries and expenses of
the State Board of Control and for the maintenance and
sundry expenses of the various state penal, reformatory and
charitable institutions for the iscal term beginning April 1,
1905, and ending March 31, 1907.- Approved March 8, 1905...
191
91 AN ACT to problbit all live stock from running at large in any
County and portion of the County in the State of Washington
in which three-fourths of the lands therein are under tence,
except in certain cases, and providing a penalty for the an.
forcement of the act.-Approved March 8, 1905....
194
92 AN ACT relating to the sale and manufacture of dairy products,
amending Section nine, and amending said act by adding
Sections thirty-three, thirty-four, thirty-five, thirty-six, thirty.
seven, thirty-eight, thirty-nine, forty and forty-one of an act
entitled, "An act regulating the manufacture of dairy products,
to prevent deception or fraud in tbe sale of the same, or imita.
tion thereof, providing for the appointment of a Dairy Com-
missioner and defping his duties, creating a State Board of
Dairy Commissioners and defining their duties, imposing cer.
tain duties upon a chemist of State institutions, providing
penalties for violation of this law, making an appropriation."
-Approved March 8, 1905....
198
93 AN ACT to exempt bequests and devises, when made for certain
charitable purposes, from the payment of any tax or sum under
any inheritance tax law, and remitting any such tax claimed
to be due on any such bequest or inheritance.- Approved
March 9, 1905....
199
94 AN ACT to create a State Ash hatchery on the Little Spokane
river, in Spokane County, State of Washington, for the propa-
gation and distribution of trout, bass and other game fish 10
the State of Washington, and making an appropriation there
for.–Approved March 9, 1905...
200
96 AN ACT for the relief of Skamanla County, and making an
appropriation.-Approved March 9, 1905..
200
98 AN ACT to establish and maintain a state ish hatchery on
Chimacum creek, or some of its tributaries, in Jefferson Coun.
ty, Washington.-Approved March 9, 1905...
201
97 AN ACT to establish and maintain State fish batcheries on the
Skagit river, or other suitable streams tributary to Skagit
river, Skagit County, Washington.--Approved March 9, 1905..
202
406
SESSION LAWS, 1905.
LIST OF ACT&COXTINUED.
Chap
TITLE.
Puse
98 AN ACT to provide for the marking and labeling of the vial,
box, can or parcel containing any gasoline or benzine sold
within this state, and providing & penalty for the violation
thereof.- Approved March 9, 1905..
202
99 AN ACT authorizing the execution on behalf of the State of
Washington of bonds in judicial proceedings, and declaring ad
emergency.-Approved March 9, 1905....
208
100
AN ACT to appropriate funds for the payment of mileage and
per diem of the presidential electors of the State of Wash-
ington.--Approved March 9, 1906.....
201
101 AN ACT to provide against the adulteration and sale of meal or
ground grains used for feeding farm live stock, declaring the
same a misdemeanor, providing a penalty therefor, and re
quiring the State Dairy and Food Commissioner, Attorney
General and Prosecuting Attorneys to enforce the provisions
hereof.--Approved March 9, 1905...
206
102 AN ACT making appropriations for certain deficiencies for Ascal
periods prior to March 31, 1905, and for other purposes.-Ap
proved March 9, 1905..
206
103 AN ACT regulating the keeping and deposit of municipal funds.
Approved March 9, 1905....
207
104 AN ACT amending Section twenty-one (21) of Chapter one
hundred and forty-three, Laws of 1903, relating to "river
improvement districts," and the collection of taxes therein.-
Approved March 9, 1905...
208
105 AN ACT relating to Justices of the Peace and Constables in cities
having a population of more than thirty-five thousand (35,000)
inhabitants, providing for their election and appointment, as
ing their salaries, and declaring an emergency.- Approved
March 9, 1906...
209
108 AN ACT giving to County Commissioners the power to grant
certaio public utility franchises on County roads and streets
outside of incorporated towns and cities, and confirming cer.
tain such grants heretofore made.-Approved March 9, 1906..
210
107 AN ACT to establish a State Fish Hatchery on the upper Methow
river, or some of its tributaries, in Okanogan County, in the
State of Washington.-Approved March 9, 1905...
219
SESSION LAWS, 1906.
407
LIST OF ACTS CONTINUED.
Chap.
TITLE.
Page.
108 AN ACT to enable counties, cities and towns to validate certain
warrants and other obligations and evidences of indebtedness
on the part of such counties, cities and towns, issued by the
corporate authorities thereof in excess of their legal authority,
and declaring an emergency.- Approved March 9, 1905....
214
109 AN ACT relating to changing corporate names of corporations.-
Approved March 9, 1905....
216
110 AN ACT appropriating the sum of ten thousand dollars, or 80
much thereof as may be necessary, for the expenses of the
Ninth Legislature.- Approved March 9, 1905.
216
111 AN ACT to promote the apicultural interests of the State of
Washington, providing for county inspectors of aplaries, de
fining their duties, and providing for their compensation.-
Approved March 9, 1905.....
217
112AN ACT amending Section 1 of an act entitled, "An act to pro-
vide for the payment of wages of labor in lawful money of the
United States and to punish violations of the same," approved
February 2, 1888, belog Section 3305 of Ballinger's Annotated
Codes and Statutes of the State of Washington.-Approved
March 9, 1905....
219
113 AN ACT regulating and fixing the maximum railroad passenger
rates in the State of Washington, and providing for the due
enforcement and observance of the rates so fixed.-Approved
March 9, 1905...
-
220
114 AN ACT to amend sections thirteen and afteen of an act entitled,
"An act relating to the taxation of inheritances and providing
for disposition of same," approved March 6, 1901.–Approved
March 9, 1905...
222
116 AN ACT creating a State Board of Tax Commissioners, defining
its powers and duties.---Approved March 9, 1906.....
224
116 AN ACT relating to llens for labor performed, material, provi.
sions and supplies furnished, and amending Sections 1 and 2
of an act entitled, "An act creating and providing for the
enforcement of liens for labor and material," approved Feb
ruary 21, 1893, being sections 5900 and 6901 of Ballinger's
Annotated Codes and Statutes of Washington.--Approved
March 9, 1905...
229
408
SESSION LAWS, 1905.
LIST OF ACT CONTINUED.
Chap
TITLE.
Page.
117 AN ACT to amend Section three hundred forty of Ballinger's
Annotated Codes and Statutes of the State of Wasbington,
same being section 4121 of Pierce's Washington Code, relating
to mileage and expenses of County Commissioners.- Approved
March 9, 1905.....
230
118 AN ACT authorizing associations and companies owning ceme
teries to accept trust funds, the income therefrom to be used
in the betterment, care and improvement of such cemeteries.
-Approved March 9, 1905....
231
119 AN ACT to amend Section three of an act entitled, "An act to
provide for the organization and incorporation of companies
for clearing out and improving rivers and streams in this
State, and for the purpose of driving, sortiog, holding and
delivering logs and other timber products thereon, ising max-
imum tolls therefor," approved March 18, 1895.- Approved
March 9, 1905...
232
120 AN ACT relating to foreclosure of assessments for local im.
provements in cities of the third and fourth classes.-Approved
March 9, 1905...
234
121 AN ACT providing for the transportation of convicts to the
State Penitentiary, transportation of insane persons to the
Hospitals for the Insane, and of incorrigibles to the State
Reform School, repealing laws inconsistent with this act and
declaring an emergency - Approved March 9, 1905....
235
122 AN ACT relating to the issuing of licenses by counties, cities and
towns for the sale or disposal of spirituous, fermented, malt
or other intoxicating liquors, and providing for the payment
to the State of its proportionate share of the license fee.-
Approved March 9, 1905....
.
236
123 AN ACT providing for the reappraisement of the tide lands in
front of and adjacent to the city of South Bend, in the County
of Pacific, State of Wasbington.-Approved March 9, 1905...
237
124 AN ACT requiring railroad companies and other common car.
riers to include in the weight of cars used for the shipment
of lumber and other manufactured lumber products the weight
of the standards, supports, strips, railings, chains and other
appliances necessary to the safe carriage of such lumber and
other manufactured lumber products, Axing the weight of
such appliances and the manner of adjusting freight charges
on such shipments, and providing penalties for its violation,
and punitive damages.-Approyed March 9 ,1905...
238
SESSION LAWS, 1906.
409
LIST OF ACT&CONTINUED.
Chap
TITLE.
Page.
120 AN ACT to amend section 6 of an act entitled, “An act to pro
vide for the incorporation of associations for social, charit-
able and educational purposes," approved March 21, 1895.-
Approved March 9, 1905...
239
128 AN ACT requiring railroad companies to weigh cars loaded with
lumber, shingles and other forest products at junction points,
and at some common point or points, and ixing penalty; re-
pealing Chapter CXLIV, Session Laws of 1901.- Approved
March 9, 1905....
240
127 AN ACT relating to the payment of assessments made on state,
school, granted or other lands for the purpose of dikes and
drainage, and amending Section twenty-ive of an act eatitled,
"An act providing for the establishment and construction of
ditches for drainage purposes," approved March 8, 1901, (same
being Section 4594, of Pierce's Washington Code), and mak.
ing an appropriation therefor and declaring an emergency.
Approved March 9, 1905...
242
128 AN ACT entitled an act to amend Section 64 of "An act to pro
vide for the assessment and collection of taxes in the State
of Washington," approved March 15, 1897.- Approved March
9, 1905.
243
129 AN ACT in relation to savings banks, savings and load societies,
and institutions in which deposits of money are made.-Ap
proved March 9, 1905....
244
130 AN ACT to amend section 14, Chapter 166, Session Law8 1903,
of an act entitled, “An act to create a State Oyster Commis-
slon, to define its duties and powers, to provide for the pro
tection and management of the State oyster land reserved, to
create a fund to be known as the Oyster Fund, providing for
the issue of license to take oysters from the State oyster
land reserves, providing for a penalty for violation of the
provisions of this act, making an appropriation, and declaring
an emergency."-Approved March 9, 1905...
246
131 AN ACT granting to Boards of County Commissioners the power
to create game reserves on certain Islands within their re-
spective counties, making it unlawful to take game from such
reserves and prescribing a penalty for a violation thereof.
Approved March 9, 1905...
247
132 AN ACT for the relief of Henry Sommers and making an appro
priation therefor.--Approved March 9, 1905...
248
410
SESSION LAWS, 1906.
LIST OF ACTACOXTIXOTO.
Сир.
TITLB.
Page.
133 AN ACT making an appropriation for certain deficiencies for the
fiscal period ending March 31, 1905.-Approved March 9, 1905.
249
134 AN ACT to provide for a closed season for crabs in the State of
Washington, to prohibit the sale or canning thereof, and de
ing a penalty for the violation thereof.-Approved March 9,
1905
260
135 AN ACT to provide for the purchase of additional land adjoining
grounds upon which is located the buildings of the State Re
form School and making an appropriation therefor.–Approved
March 9, 1905...
-
251
136 AN ACT relating to revenue and taxation.-Approved March 9,
1905
252
187 AN
187 AN ACT creating a fund to be known as the Public Highway
Fund and making provisions for an annual levy to produce
revenue therein for the construction and repairs of highways
and bridges.-Approved March 9, 1905....
252
198 AN ACT to provide for the sending of non-resident Insane per-
sons to their place of residence at the expense of the State.
-Approved March 9, 1906...
253
139 AN ACT to change the name of the State Institution located at
Vancouver, Washington, from "State School for Detective
Youth" to "State School for the Deal and the Blind."—Ap-
proved March 9, 1905....
264
140 AN ACT to amend Sections four and nine of an act of the Legia.
lature of the State of Washington, approved March 13, 1899,
entitled, "An act providing for the protection and propagation
of the food fishes in the waters of the State of Washington,
regulating the catching and sale thereof, establishing licenses,
fixing penalties, repealing conflicting laws, and declaring an
emergency," and declaring an emergency.-Approved March
9, 1905.
264
141 AN ACT in relation to poisons and probibiting the combination
of poisonous substances with crackers, bread or other propa-
rations in any manner resembling or in similitude of any
edible product and prescribing penalties for its violation.-
Approved March 9, 1906.......
269
SESSION LAWS, 1906.
411
LIST OF ACTS CONTINUED.
Chap
TITLE.
Page
142 AN ACT to amend sections 77, 78, 92, 96, 97, 119 and 120 of an
act entitled, “An act to establish a general uniform system of
public schools in the State of Washington, and repealing
Chapter VI of Title III, Chapter VII of Title V, all of Title X
except Chapter XVII, Chapter IV of Title L, all being of Vol.
ume I of Hill's Annotated Statutes and Codes of Washington;
also repealing all amendments thereto; also repealing an act
entitled 'An act concerning the formation of new school dis-
tricts, changing the boundaries and transferring territory
from one district to another,' Approved March 9, 1893; also
repealing an act entitled, 'An act to provide for the manage
ment and control of state normal schools in the State of
Washington,' approved March 10, 1893, and all amendments
thereto; also repealing an act entitled, 'An act granting to
school districts the right to purchase school house sites of
school lands belongiog to the State of Wasbington of not less
than one acre and not more than Ivo acres, and granting to
school districts the preference right to purchase such sites,
and declaring an emergency,' approved February 26, 1895; al.
80 repealing an act entitled, 'An act relating to the indebted.
ness of school districts, providing means and methods for
paying and funding the same, and means for validating the
same or any part thereof incurred in excess of one and one-
halt per centum of the taxable property of the school district
without the assent of three-Afths of the voters of the school
district voting at an election held for that purpose, and de
claring that an emergency exists for the taking ettect of this
act on its passage and approval by the governor,' approved
March 1, 1895; also repealing an act entitled, 'An act to pro
vide for the formation of joint school districts, and to pre
scribe the minimum number of school children required for
the formation of new school districts, and declaring an emer-
gency,' approved March 13, 1895; said act of which this act
18 amendatory, being known and cited as the Code of Public
Instruction of the State of Washington, and being Chapter
CXVIII of the Session Laws of 1897, approved March 19, 1897.
- Approved March 9, 1905....
280
-
143 AN ACT relative to the admission in evidence of tax deeds.-Ap-
proved March 9, 1905..
288
144 AN ACT authorizing the assessment for local improvements of
certain lands owned by the State of Washington and situated
within the limits of incorporated cities or towns, and also
authorizing such assessment of leasehold, contractual or pos.
Solsory Interests in certaln other lands owned by the State
412
SESSION LAWS, 1906.
LIST OF ACTA CONTINUED.
Chap
TITLE.
Pegt.
situated within such cities or towD8 and wbich have been
leased, or are held under contracts for the purchase thereof.
- Approved March 9, 1905...
287
145 AN ACT to amend Section six of "An act to provide for the ag.
sessment and collection of taxes in municipal corporations of
the third and fourth class in the State of Washington and de-
claring an emergency," approved March 9, 1893.- Approved
March 9, 1905.
289
1
146 AN ACT providing for and regulating the selection of jurors in
the superior courts of the State; and providing for the ap
pointment of jury commissioners, prescribing their duties,
qualifications and compensation, and providing for their re-
moval from ofice; declaring certain violations of this act to
be contempt of court and providing for the punishment thereof
as such; and repealing all laws and parts of laws in confict
therewitb.-Approved March 9, 1905....
270
1
147 AN ACT establishing hunters' licenses, providing for the dis-
position of moneys collected under the provisions thereof,
creating a State fund and fixing penalties for its violation.-
Approved March 9, 1905...
277
148 AN ACT to establish & State Osb hatchery on the Toutle river,
or some of its tributaries, 10 Cowlitz County, in the State of
Washington.-Approved March 9, 1905...
278
279
149 AN ACT to provide for the payment of expenses incurred by the
Commissioners of the Lewis and Clark Exposition appointed
under the act entitled, “An act to provide for the collection,
exhibition ang maintenance of the products of the State of
Washington at the Lewis and Clark Centennial and American
Paciic Exposition and Oriental Falr, 1906, at Portland, Ore-
gon, and making an appropriation therefor." Approved March
21, 1903, and making an additional appropriation to provide
for the expense of the Lewis and Clark Commission of the
State of Washington.-Approved March 9, 1905....
160 AN ACT to validate assessments made, or which may be m
mado,
to pay for local improvements, by any incorporated city in
this state, and to prohibit the setting of such assessments
aside or declaring the same invalid upon any ground other
than upon the ground of fraud. - Approved March 9, 1905....
151 AN ACT to provide for tho payment of expenses incurred in com-
pliance with an act entitled, “An act to provide for the con-
struction and maintenance of dikes and dams in certain
cases," approved February 2, 1888, or of any acts amendatory
thereof.--Approved March 9, 1905...
-
281
282
SESSION LAWS, 1906.
413
LIST OF ACT8—CONTINUED.
Chap
TITLE.
Puge.
162 AN ACT to amend Section 2 of an act approved March 18, 1901
(Laws of 1901, p. 344), amending Sections 2632 of Ballinger's
Annotated Codes and Statutes of Washington (Laws of 1890,
p. 269, Sec. 2), relating to the State Soldiers' Home.-Approved
March 9, 1905.....
291
153 AN ACT appropriating the sum of five thousand dollars ($6,000)
for the expenses in connection with the suit about to be insti.
tuted by the State of Washington against the State of Oregon
to determine the boundary line between such States.-AD
proved March 9, 1905.....
292
164 AN ACT regulating automobiles or motor vehicles on public
roads, highways, park or parkways, streets or avenues, within
the State of Washington.-Approved March 11, 1905...
293
166 AN ACT to amend Section 6480 of Ballinger's Annotated Codes
and Statutes of Washington (being Section 2801 of Pierce's
Washington Code), relating to the adoption of legal heirs.-
Approved March 11, 1905...
296
166 AN ACT to amend Section one of an act entitled, "An act pro-
viding for the levy, collection and manner of payment of road,
bridge, poll and property taxes, and the manner of the expen-
dlture thereof, and providing for the division of counties into
road districts, and the appointment of supervisors thereof, and
repealing all acts and parts of acts in condict herewith," ap-
proved March 16, 1903, being Chapter 119 of the Session Laws
of 1903.- Approved March 11, 1905....
297
167 AN ACT entitled an act to amend Section 6 of "an act to amend
Sections 4, 6, 9 and 10 of an act entitled, 'An act providing for
the assessment and collection of taxes of cities of the first
class and specifying the duties of certain county oficers in
regard thereto and declaring an emergency,' approved March
9, 1893," approved March 21, 1895.-Approved March 11, 1905..
298
.
168 AN ACT to prevent the acceptance of gifts, bonuses or commis.
sions by agents, employes and officers.--Approved March 11,
1905
299
159 AN ACT to amend section one of an act entitled, “An act amend.
ing section one of an act entitled, 'An act authorizing cities
and towns to construct, condemn and purchase, purchase, ac-
quire, add to, maintain, conduct and operate waterways, syg.
tems of sewerage, works for lighting, heating, fuel and POWAI
purposes, cable, electric and other railways, with all land and
property required therefor, providing for payment therefor,
repealing an act entitled, 'An act relating to and authorizing
414
SESSION LAWS, 1906.
LIST OF ACTS CONTINUED.
Chap
TITLE.
Pure
cities and towns to purchase, construct and maintain water-
works, systems of sewerage, gas and electric light plants, and
to issue bonds to pay therefor and declaring an emergency,'
approved February 10, 1893, and declaring an emergency, ap
proved March 17, 1897, being section one of Chapter 112 of
the session Laws of the State of Washington for 1897," ap-
proved March 14, 1899, and declaring an emergency.-Approved
March 11, 1905...
300
160 AN ACT making appropriations for the maintenance of and sun-
dry expenses at the various state institutions, schools and
state omces, and for the sundry civil expenses of the State
government for the fiscal term beginning April 1, 1905, and
ending March 31, 1907.-Approved March 11, 1906.....
302
161 AN ACT creating the ofice of State Oil Inspector, providing for
hls compensation, and providing for the inspection of petro
leum and its products, used for illuminating purposes, and
providing a penalty for the violation thereof.-Approved
March 11, 1905....
310
162 AN ACT relating to the compulsory attendance of children be
tween the ages of eight and ofteen years in the public schools
of the State of Washington.-Approved March 11, 1906....
316
i
|
183 AN ACT relating to the protection of clams; providing penalties
for its violation and declaring an emergency.-Approved
March 11, 1906....
319
1
164 AN ACT to provide for the preservation of the forests of this
State, for the prevention, control and suppression of forest
fres, to create a State Board of Forest Commissioners, pro-
viding for a State Fire Warden and Forester, Deputy Firo
Wardens, Forest Rangers, defining their duties and powers,
making an appropriation therefor, and providing punishments
for the violation thereof, and repealing an act entitled, "An
act to protect from ire forests and other property witbin the
State of Washington, and creating Forest Fire Wardens, Dep-
uties, Patrolmen, and defining the duties and providing pen.
alties and declaring an emergency," approved March 16, 1903.
- Approved March 11, 1905.......
)
I
320
I
185 AN ACT to establish a Fish Hatchery on the East Fork of Lewis
River.- Approved March 11, 1905...
328
186 AN ACT for the relief of P. M. Troy, James B. Murphy and J. B.
Bridges, comprising the Examining Board to conduct exam.
inations of applicants for admission to the bar, and making
an appropriation therefor.–Approved March 11, 1905....
829
1
A
SESSION LAWS, 1906.
415
LIST OF ACTA CONTIXOID.
Chap.
TITLE.
Page
167 AN ACT to provide for the publication and sale of the Washing
ton Supreme Court Reports.- Approved March 11, 1905......
330
188 AN ACT creating the otice of public printer; providing for the
appointment thereof and qualifications of said omcer; pro-
viding for the public printing and binding, axing the com.
pensation thereof, and declaring an emergency.--Approved
March 11, 1905....
332
169 AN ACT to amend section one of and adding section one and one-
half to an act entitled, “An act probibiting the importation of
horses, cattle and swine, unless accompanied by a certificate of
health and permit from some oficial veterinarian, excepting
animals intended for exhibiting, providing for its enforcement,
and ixing a penalty for its violation," approved March 16, 1903.
- Approved March 11, 1905...
338
170 AN ACT amending sections six, seven and seven and one-hall
(same being sections 6278, 5279 and 6280 of Pierce's Wasbing.
ton Code), of "An act providing for the protection and propa.
gation of the food ishes in the waters of the State of Wash-
ington, regulating the catching and sale thereof, establishing
licenses, ixing penalties, repealing condicting laws, and do
claring an emergency," approved March 13, 1899. Repealing
section five (being section 5277 of Plerce's Washington Code).
Also amending an act to amend section eight (being sectioni
6281 of Pierce's Washington Code) of an act entitled, "An act
providing for the protection and propagation of the food ishes
in the waters of the State of Washington, regulating the catch
and sale thereof, establishing licenses, ixing penalties, repeal.
ing conflicting laws, and declaring an emergency," approved
March 16, 1903, providing penalties for the violation of the
provisions of this act, and declaring an emergency.-Approved
March 13, 1905...
340
171 AN ACT relating to the registration of voters, and amending
sections 1450, 1451, 1466, 1460 and 1461 of Ballinger's An-
notated Codes and Statutes of Washington.--Approved March
11, 1906
846
.
172 AN ACT providing for the once and appointment of Chief Deputy
Game Warden and County Game Wardens, providing for their
salaries and relating to game and to the time and manner of
killing and disposing of the same and providing a penalty for
violation thereof, making an appropriation.-Approved March
13, 1905.
849
416
SESSION LAWS, 1906.
LIST OF ACTS CONTIXOFD.
Chap
TITLE.
Page.
173 AN ACT providing for the payment to lessees of tide lands be-
longing to the State by subsequent lesgees or purchasers from
the State, of all improvements placed upon such tide lands, in.
cluding the cost of filling in and raising such tide lands above
high tide, and all assessments for local improvements levied
against the same.- Approved March 13, 1905....
353
174 AN ACT creating the ofice of and providing for the appointment
of a high way commissioner and state highway board, and
for the survey, establishment and repair of certain State high-
ways, providing for the expenditure by the county commis.
sioners of the counties through which portions of the said
highways run, all moneys for the improvement of such high.
ways, making an appropriation therefor, and repcaling sec.
tions one, two, three, four, five, six and eight of an act
entitled, "An act providing for the survey, establish.
,
ment and repair of certain State bighways and mak.
ing an appropriation therefor," passed by the House
of Representatives March 11, 1903, and by the Senate
March 12, 1903, vetoed by the Governor and passed notwith-
standing the veto of the Governor by the House of Repre
sentatives on the 24th day of January, 1906, and by the Senate
on the 26th day of January, 1905.- Approved March 13, 1905..
355
175 AN ACT to amend Sections 3, 9 and 24 of an act entitled, "An act
to provide for the establishment and creation of drainage dis-
tricts and the construction and maintenance of a system of
drainage, and to provide for the means of payment thereof,
and declaring an emergency," approved March 20, 1895, the
same being Sections 3717, 3723 and 3738 of Volume I of Bal.
linger's Annotated Codes and Statutes of Washington, and
declaring an emergency.-Approved March 13, 1905....
380
176 AN ACT to amend sections four, five ,six, seven, eight, twelve,
fourteen and ifteen of an act entitled, “AD act to pro
mote the fruitgrowing and horticultural interests of the State
of Washington, to provide for the appointment of a commis.
sioner of horticulture; to repeal certain laws in conflict there.
with, and to provide penalties and punishment for its violation,
making an appropriation therefor.–Approved March 13, 1905.
385
177 AN ACT relating to peddlers and vendors of merchandise, pro-
viding for licensing the same and prescribing a penalty for
violation thereof.-Approved March 14, 1905....
372
178 AN ACT regulating life insurance companies, forbidding the pay.
ment of rebates, or the payment of commissions to other than
authorized agents.-Approved March 14, 1905.....
373
SESSION LAWS, 1906.
417
LIST OF ACTS CONTINUED.
.
Chip.
TITLE.
Page.
.
179 AN ACT making it a misdemeanor to sell or exchange property
under the representation, advertisement, notice or inducement
that an unidentifed, unknown, unselected, or chance prize,
premium or premium gift, or that a stamp, trading stamp,
coupon or other like device, entitling the holder to receive
such a prize, premium or premium gift, or that the redemption
of such a stamp, trading stamp, coupon or other like device,
80 given, is to be part of the transaction, or to sell or ex.
change any trading stamp, stamp, coupon, or other like device
to aid such sale or exchange as aforesaid, and providing a
penalty therefor.-Approved March 14, 1905......
374
180 JAN ACT entitled, "An act to prevent fraud upon travelers and
prescribing where, how, and by whom railroad tickets shall
be sold, and providing the terms upon which the redemption
of the whole or any part of such tickets as may not have
been used shall be made, and prescribing penalties for the
violation of this act."-Approved March 14, 1905...
376
24
INDEX.
NOTE.-On pages 1 to 10, loclusive, will be found list of eloctive and appolative State
oncert ; supreme and superior judges, and legislative roster for sesalon of 1906.
82
A
ACTIONS :
Civil, costa in, amended...
Pending. in citiea, as to reincorporation tbereof..
By Commissioner of Public Lands, under Chapter 61.
Haintenance and trial of, for inforley by Intoxicated persons.
injuries
Time of, egalost rallroad companies...
agalast rallroad companies, not released.
For injurle lo factories and mills, malntenance of.
For lujuries in factorier und mills, brougbt under other statuter.
Pendlog, civil or criminal, as to Benton county.
Separate, as to foreclosure of assessments...
Against railroad companies, as to weigbing cars.
Relative to dikes, to be brought in name of county
Appeals in, ja Justice courts.
8oo. Pago
1
68 108
14 119
120
8 148
28 160
9 169
10 169
18 190
1 284
289
12 290
41
1
1
0
ADJUTANT GENERAL:
General appropriation for Ascal period endlog March 31st, 1007.....
807-8
ADMINISTRATORS AND EXECUTORS:
Duties of, relative to loheritances,
228
ADVERTISIXO:
of treatment of certain diseases probibited...
112
AGENTA:
To prevent acceptance of gifts or bonus by....
of rallway companies to be furnigbed certincates.
299
876
1
AGRICULTURAL COLLEGE AND SCHOOL OF SCIENCE:
Creating special fund for..
Duty of chemist of, as to milk and food products
Duty of chemist, as to ground food for stock.
General appropriation for, to April 1, 1907.
Changlog name of to “State College of Wasbington"
ܐ ܙ ܘܝ ܘܝ
1
2
2
73
79
206
809
83
.
1
ALLEYS (See HIGHWAYS AND PUULIC ROADS).
AXENDMENTS (See BALLINOER'A AND PIERCE'S CODE8) :
To State Constitution, Sec. 18, Art. 1, eminent domain.
To State Constitution, Sec. 1, Art. 21, water rights.
To articles of private corporations, how made...
To articles of private corporations, cbanglog name.
.
124
131
28
216
1
ANIMALS (Are GAMD ANIMALS, page 351, and ESTRAY8, page 44) :
Breecby or picions (see Estrays).
Wild (equmerated), bounty on.
48
121
1
APICULTURE :
Promotion of (see Aplaries).
217
420
INDEX
APLARIBO:
Inspection of, "Poul brood" ja, etc.
Dnties of inspectors of ...
Bxpenses of Inspections of.
Records of Inspectors of..
Transfer of bees, by inspectors of.
When unlawful for owners of to transfer bees.
Wheo deemed a public poluance..
800. Pago
217
2 217
4 218
218
6 218
6 218
2 218
a con
ATPEALS:
From justice courts in civil actions.
From Board of Plambing Eramlden.
Relative to inberitancer...
Relative to diking construction work.
Relative to lease of tide lande..
Relat!ve to fruit lospection caset.
Relative to relncorporation of cities..
From requirements of Labor Commissioner.
1
13
1
8
8
8
16
7
41
180
228
287
354
871
90
167
.
APPROPRIATIONS :
For State Purposes:
A&Screments on State lands for draldage purposes.
Adjutant General
Agricoltoral College
Capitol buildlog. malatenance of.
Capitol huliding. transformer for electrical plant of.
Capitol boilding, to paint root of.
Capitol building. Installing electric clocks la.
Capitol fund warrants. to cover interest on.
Capitol bollding. to cover sundry declencles for.
Comos for deceased veterans.
Commissioner of Public Lands, general, for omce of
Commissioner of Public Lands, sorveys, etc..
Cheney Normal School, malntenance, etc.
Commissioner of Horticulture.
Capital National Bank, covering money advanced by.
Capital National Bank, reliet of.
Capital National Baok, deficiencies paid by.
Cost hillo, on conviction of felonies..
Commissioner of Labor...
Deficiencies (snndry) for capítol bollding (also page 208).
Ellensburg Normal School.......
Fruit Inspection, expenses of .
Forest Aren, prevention and suppression of.
Gavie, protection of...
(artield coooty, rellet of for cost bills.
Game dab batchery, on Little Spokane river.
General appropriation bill (known as omnibus bill)
Governor, salaries and expenses of omce of .....
Governor, clerical help for, account printing records
Alghway Commissioner, salary and expenses of.
House and Senate Journals, Indexing of...
lodezlog House and Senate Journals and Bension Law.
Interest, on moncy borrowed from permanent school fund.
laterest. On capitol fund warrants...
Jute mill and brick yard at penitentiary.
Legislature, for expenses of ...
Legislature, for additional expenses of.
Legislature, for additional expenses of
Lewis and (lark Fair, exbibit at..
Lewis and Clark Fair, additional.
Llentenant-Governor (regular), for expenses of..
Lleoterant-Governor to correct error in appropriation for.
Marble Mount road..
8 248
807
809
808
807
807
306
807
249
198
804
808
809
807
807
76
260
806
806
240-80
309
9 872
18 828
14 858
1 31
200
802
808
807
7 308
806
806
807
807
198
11
182
216
8 17
1 and 2 279-80
808
807
11 859
.
.
.
0
INDEX.
421
.
63
805
.
O
APP'ROI'RIATIONS-Continued.
soo. Payo
Medical lake, bridge across.
198
Normal Schools (State), Cheney, Ellensburg and Belllogbam.
809-10
Oregon, State of, to cover suit ugainst.......
292
Purchase of certain lands along Columbia river.
52
Right-of-way for pipe line...
198
Right.of.way, for road...
198
Halaries of superior Judges, protem.
20
Salaries of two additional Supreme Judges.
208
Salaries of superior Judget appointed sloce January 1, 1905.
810
Secretary of State, salaries and expenser for ofice of.
808-4
Session Laws for 1905, indexing of ....
806
State Armorles, at Tacoma, Seattle and Spokane.
808
State Auditor (general).
804
State Board of Control, salaries and expenses of
198
State Board of Equalisation.
806
State Board of Health..
State Board of Irrigation.
807
State Coal Mine Inspector.
808
State College of Wasbiogton.
809
State Dalry and Food Commissioner
808
State Dairy lospection..
198
State Factory Inspector.
809
State Fair at Yakima..
806
State Flob Commissioner.
807-8
State Fish Aatcheries, construction of.
808
State Grala Inspector..
806-8
State Hospital for logade.
192
State institutions, under Board of Control, malotenance of.
192-8
state library, division of public documents 10.
64
State Normal Schools....
809-10
State Oyster Commission.
246-808
State Oyster Board (dedciency)
66
State library
806-8
State printing, for period endlog Marcb 31, 1907.
807
State Penitentiary
192-8
State Reform School..
192
State roads (see State highways)
20
State Institation for Feeble Minded.
198
State School for Detective Youtb.
192
State Soldiers' Home.
192
State Tax Commission.
807
State Treasurer
804
State Veterinarian
808
Superintendent of Public Instruction, desciency for clerical belp for
29
Superintendent of Public Instruction (regular)
804
Supreme Court
808
Superior Judges
806
Bopreme Court Reports, publication of.
808
Transportation, of Insane persons. .
806, 206
Transportation, of convicts to penitentiary.
806, 206
Transportation, of incorrigibles.
806
Traveling expenses, of Superior Jodges..
206
.
.
0
APPROPRIATIONS :
To Private Persons, Rollof Bils, Eto.:
Arland, Etta
Blckerton, E. G..
Bridges, J. B..
Hassett, Geo. W. (presidential elector)
Blackmore, Mrs. A. G.....
Cryderman, Dora w....
Canott, Jos.
Cosgrove, Samuel G. (prestdential elector)
29
11
829
204
29
29
80
204
422
;
INDEX.
1
I
.
APPROPRIATION8-Continued.
Crow, Ferman D. (presidential elector).
Capital National Bank.....
Florence Crittenton Home.
Funk, Mn. G. H......
Morgan, Rose
Munson, Al. J. (presidential elector)
Murphy, James B..
Nash, L. B. (presidential elector)
Owlogs, Frank C........
Puget Sound Sawmill and sblogle Company.
Sommers. Henry
Troy, P. M.....
800. Pago
204
. 76, 260, 807
189
29
29
204
829
204
74
12
248
829
ARYONICA:
State, at Tacoma, Seattle and Spokane, appropriation for....
808
1
1
1
1
29
ASSCBGNENTS :
Ot land held by countles, in corporate limits.
In cities, for custs of sidewalks..
Of damages (see Rivers and streamo)
Foreclosure of, for local improvements
Or State laods, for drainage purposes.
Or State lards, tor local improvements, lo citles.
of expenses for constructing dikes.
Changes in, as to cities..
Certification of rolls.
Special notices of. giving form for.
Sales for, when delloquent.
Limit of time to make payment of.
Annulment of, in cities..
alled (see Relocorporation of Cities)
Reports on, to Tax Commission, from clty and county omcers
Validation of, 10 cities....
Reports on, to Tar Commission, from corporations.
Levy of, ip dike construction work.
In cities, of tbird and fourth class, certided levy.
i
80
82
86
86
45
46
68
62
109
284
242
267
282
94
96
98
97
98
100
101
226
281
226
284
289
►
!
ASSOCIATIONS (See CEMETERY ASSOCIATION8, page 123 ; SOCIAL, CHARITABLI
AND EDUCATIONAL ASSOCIATIONS, page 289).
ATTORNEYS (See COUNTY ATTORNEYS AND ATTORNEY GENERAL) :
Special, employment of, by County Commielonery.
1
60
ATTORNEY GENDRAL :
Duty of, in cases relating to food and milk products.
Duty of, in cases relatlog to ground food for llve stock.
2
2
79
206
AUTO WOBILER AND MOTOR CICLES :
Regulatlog use of, on public highways.
Description of, to be Aled with Secretary of State.
Owner of, to display certifcate...
Exemptions, as to non-resident owners of.
Lampt to be used on, where placed, etc.
toe of "mumer" on, in cities.
Management and operation of, precautionary measures
Limit of speed for, at crosulnga, on streets, etc...
Exercise of care in operation of, in meeting terms, etc.
Power of cities relative to, as to ordinance..
2
6
6
7
8
9
10
11
12
298
298
294
294
294
294
294
298
295
296
B
BALLINOER'S CODD (Amendment to):
Section 6861, costs la justices courto.
Section 4251, private corporationi..
1
1
27
27
INDEX.
423
(a)
1
1
1
1
.
1
BAILINGER'S COVE-Continued.
Section 5173. costs lo civil actions.
Section 6408, bonds of guardlads.
Section 8764, appeals from justice courts.
Section 7066, crime of seduction .....
Sections 1862, 1394, elections
Section 4736, contracts..
Section 2946, injuries by Intoxicated persons.
Section 7109, petit larceny.
Section 3900, lleps for labor.
Section 8801, llens on land for improvements.
Section 340, mllenge of County Commissioner
Sections 2361-2, admissions to Soldier' Home.
Section 6480, adoption of legal bein....
Sections 1460, 1451, 1455, 1460, 1461, registration of roter.
Sections 3717, 8723, 8738, drainage districts.
156
82
88
41
67
64-65
110
120
112
229
280
280
291
296
846
860
BALLITO:
What to contain, as to Constitutional amendments.
ID school district elections...
128-181
281
BANKA (See FOREIGN BAXX8, page 55 ; SAVINOS BANEI, page 244);
A felony to draw drafts or checks on witbout fundo tberelo to cover ..
Surety bonds of, as to municipal fundo deposited with.
1
2
78
207
BASSETT, GEO. W. (Presidential Elector):
Appropriation for mlleage and per diem of.
204
BATER FUQNITORI COMPANY, D. C. :
Appropriation to cover furniture for House and Senate....
260
Bas (See APIARIES, page 217).
BALLINGRAN:
General appropriation for Normal School at (formerly Wbatcom)......
809
.
BENTON COUXTI :
Act creating, description and boundaria of.
Census of
Petition and bond of voters of.
To usume abure of bonded debt.
County seat of, located at Protser.
7
Established as a county of the 20 class.
8
First Board of Coonty Commissioners of .
9
Division of, into precincta...
10
Division of, foto county commisioner's districts.
14
Appointment of oncert of.
12
Iacluded in judicial district with Yatima, Kittitas and Franklin countles 18
To constitute tbe 16th senatorial district..
16
To constitute the 38th representative district.
16
Jurisdiction of present omceri of......
16
Certidcates of auditor of Yakima and Kittitas counties relative to.... 17
Transfer of records, wben to be elected.
19
Transcripts of title, transfer of...
20
Transcribing of recordo, by whom.
21
Certified records, pertalning to.
BRXZIND (Sec GASOLINH, page 202).
180
186
186
187
188
188
188
188
189
188
189
189
189
189
189
190
190
190
191
1 11
BICKARTOX, E. G.:
Appropriation for relief of, auctioning state lande..
BLACKMORD, MRS. H. G.:
Appropriation for relief of, clerical services....
29
BOARDS :
See State Board of Control.
See State Board of squalintion.
1
424
INDEX.
8co. Page
BOAKD8-Oontinued.
See State Board of Realth.
See State Board of Irrigation.
See State Oyster Board.
See Board of Plumbing Examiners.
BOARD OF PLUMBING EXAYINERS:
Appoiutment of, by Giovernor.
Vacancies in, how olled...
Compensation of, how made.
Duties and special meeting of.
Organization of
Expense of examinations by, bow detrayed.
Qoornm of, majority to constitute.
Legislative latent of act governing.
(See Plumbers, page 127, and Plomblag, pages 77 and 126.)
2
2
2
4
7
9
11
128
127
127
127
128
129
129
180
.
6
BOND8 (See also OTTICIAL BOND8) :
Or guardians, requirements of.
Or guardians, additional..
Of contractors for construction of irrigation works.
Or Island county, rate of interest on..
Of defendants (Hee Forcible Entry und Detaljer).
Execution of, 10 judicial proceedings, on beball of State.
Surety, of banks, as to keeping of municipal funds...
Of members of State Tu Commission (odcial).
Bids for male of, for school purposes..
Of coutracton, for printing Supreme Court Reports.
Of drainage district commissionery..
of persons or corporations dealing in fruit trees.
84
116
182
176
208
207
8
266
882
864
867
8
BREAD:
Probibiting combining of poisonous substances with...
289
BRINDES, J. B.:
Appropriation for relief of...
829
BOREAU or LALOR :
Amending act creatlog same..
(See also Commisioner of Labor.)
168
С
CANUT, JOBPPII :
Appropriation for relict of.....
80
1
CAPITAL NATIONAL BAXK :
Appropriation for rellet of.....
Appropriation for deficiencies paid by
Appropriation for deficiencies paid by.
76
250
807
CAPITOL BUILDING :
Decleory appropriation for malptenance of..
General appropriation for palntenance of, to March 81, 1907.
Appropriation for installing electric clocks in...
Appropriation for transformer for electric plant.
Approprlation for painting roof of....
250
808
806
807
807
CARAWeighing of (see Rallroad Companies, pages 288-240).
CATTLE:
(See Importation of Horses, Cattle and swine ; see Live Stock)....
888
0
CENETORY ASSOCIATIONS:
Incorporation of, amending act of 1899..
Recording of plan of grounds of, with whom.
Authorised to accept trust funds.
128
128
281
INDEX
426
CHAPLAIN:
For State Penitentiary, duties of.....
Quarterly report from, what to contalo
Visits of, nubject to consent of warden.
Salary and oftice of...
860. Pago
2
2
2
3
CONNON
93388
CHECKS OR DRAFTS:
Drawing of, without funds to cover, a felony.
. 1
78
CHEHALIS COUNTY :
Appropriation for state highway in.
(9)
22
CHEI'ALIS RIVER :
Establishing state nisb batchery on..
144
CHELAN COUNTY :
Appropriation for state bighway 10...
Appropriation for state highway in
Closed season for trout in...
(8)
(10)
21
22
88
*
CHEXEI NORMAL SCHOOL :
General appropriation for maintenance of ....
800
1.2
CHILDREN (Sce also DELINQUENT CHILDREN, page 84):
Commitment of, in Reform School...
Compulsory attendance of, in public schools.
Exceptions as to physical or mental ability to attend.
Employment of, prohibited--when...
Rates of fare for, on rallroads..
89-40
816
816
816
221
0
2
1
CUIXACOY CREEK :
Establishing state asb batchery on.
201
CITIES :
llepair and renewal of sidewalks in..
1
of the 1st, 2nd and 3rd clasi, reincorporation of.
Special assessments how levied...
2
Petitions for improvements.
3-4
Liability of, to property owners..
16
Title to property taken by, where vested.
17
of the 1st class to appolot deputy coronen.
May condemn lands, for what purpose. .
Compensation for damage-how made..
2
Third and fourth clash empowered to collect annual street poll tax..
To operate systems of sewerage la..
afunicipal funds of, deposit of in banks, regulated.
Justices of the peace 10....
Foreclosure of assessments in, for local improvemento.
Assessment of State property within, for local improvements.
of tbird and fourth class, usseraments 10....
Validating certaln assessments in, bow...
Powers of, relative to use of automobiles in
Levy of taxes in, amended...
Opening of poll books in' cities of first class.
2
61
84
86
88
90
90
112
84
86
140
800
207
209
284
288
289
281
296
298
847
.
.
.
12
4
CITY TRLASURERS :
Payment of premium on oficial hoods of.....
To certify assessments of State lands in cities.
I.lability of (see Re Incorporation of Cities)
Doty of (see Incorporation of Citles).
Bond of, oot affected (see Municipal Funds).
82
268
100
96
207
+
82-8
8
.
CLAI.LAX COUNTY:
Appropriation for State bighway 10...
(0)
22
CLAM8 :
Protection of-close season for...
819
426
INDEX.
CLARKE COUNTY :
Appropriation for state bighway in..
800.
(8)
Pago
22
CODI OF PUBLIC INXTRUCTION :
Ameading, as to uniform system of acbools.
Teachers' certifcater classified
Lite diplomu, ant grade aod temporary certifcates
Special certifcates
Applicants for examination.
Applicants, names of, on accredited list.
Conditional certificates
Levy of special tax for maintenance.
Amending, relative to Normal Schools.
Datles of Boards of Trustees, see paragrapbs 1 to 6)
Diplomu and certidcaterwbat to show.
Free tuition, requirements of students.
Courses of study, kind of certifcatet.
Books and supplies—bow provided.
Uniform system of schools amended....
Duties and powers of school boards (Par. 1 to 10).
Consent of district as to sales of school property.
Estimated funds for school support..
Condemnation of laod—when...
(See Schools, page 816.)
104
2 106
2 106
108
8 106
107
107
108
170
170.171
2 171
8 171
171-2
6 172
2 260
8 282-8
268
6 288
6 264
COLUMBIA RIVER:
Sule of certato lands along..
52
2
4
7
COXX188IONER OF LABOR :
Amending act creating omce of....
Salary and expenses of.
Duty of, as to factories and mills.
Inspections by
Duty of, upon appeal.
Expense of arbitration by.
Salary of depoty of, bow pald..
Certifcates of inspection luued by.
General appropriation for once of, to March 81, 1907.
103
168
188
166
167
188
188
166
806
7
.
CONNI8:10M OF PUBLIC LANDO :
To relinquish certain lands for reliet of Jobo Willms.
To receive proposals for Irrigation works, on State, granted lands.
Duty of, opon receipt of above propouals.
To contract for irrigation works.
Rules of, for dling of above proposals..
Report of, to Governor, on Irrigation projects..
Hults or actions by, onder chapter 61, in dime of State
Mape of, as to Irrigable lands, wbat to obow...
General appropriation for owce of, to March 81, 1907..
Special appropriation for once of...
1
1
4
6
12
18
14
11
69
118
114
114
119
119
119
110
804-5
808
.
CONVICT-(Bee STATE PENITENTIARI, page 286).
CONSTITCTIONAL AWBRUXENTS :
(See Chapter 63, Eminent Domain).
(See Chapter 87, Timber Products, removal of).
124
181
1
CONTRACTS :
Void, unlen 10 writing, when..
For construction of irrigation worko.
Term of, for Irrigation work.....
Bond of contractor, for Irrigation works.
failure of contractor, to begin on above work.
Recording of, for Irrigation works.
For printing Supreme Court Reports.
For construction of irrigation works.
aaa
110
114
116
116
116
117
881
182
7
10
INDEX.
427
COROXER8—1 See DEPUTY CORONDR, page 112):
80o. Pago
1
1
1
1
1
27
28
28
29
61
.
CORPORATION— (See CITIES, also RAILROAD COMPANIES) :
Private, organisation and management of.
Private, articles of, where to be bled.
Private, articles of, amendments to....
Private, existence of, limited.
Private, authorized to deal in shares of stock of other corporations.
Nunicipal, provisions of Chapter 29 applicable to.
For operating toll logging ronde..
Service upon, as to forcible entry or detaljer..
Petitions of, as to boundaries of dlking districts.
Liability of, to countlet (see Public Roads)..
Vuolcipal, validation of warrants by (see Cities)
Change of pimes of, by supplemental articles..
To report to State Tax Commission..
Incorporation of, for social or cbaritable purposes.
See Cemetery Awociations, pages 128 and 281.)
2
1
1
1
1
7
161
175
178
211
218
216
228
289
COSGEOTE, SANUEL G. (Presidential Elector):
Appropriation for mileage and per dlem of.....
204
1
1
1
COSTS:
lo Justice courts, amended.
la civil actions, amended.
Of renewing sidewalks in cities.
Bills, crimloal, appropriation for.
For local Improvements, how apportloped.
For diklog construction...
For diklog construction, how apportioned..
Of frult lospection, a llen, wben (see Horticultore)
27
82
61
200
284
287
288
871
0
•
9
8
.
1
.
COUNTIES :
Annexation of county territory by, neighboring.
Liability of corporations to (see Public Roads).
Classifcation of, as to mileage of commolusioner of.
May validate certain warrants..
01 18th clau, juries in, how selected.
To keep roado in repair...
Fruit Inspectors of (See Horticulture).
Game Wardens of, "ex-omclo" State Game Wardens.
1
15
8
58
211
281
218
276
858
886
860
8
COOXTI ABRDOSORS :
Duty of, u to lande under fence (see Live Stock).
Duty of, as to Tax Commlsslonem..
.
106
226
(12)
NN
COUNTY ATTORNEYS :
Duty of, as to adulteration of food.......
Duty of, as to adolteration of food for live stock.
Duty of, relative to violations of law governing oll inspection.
Duty of, an to compulsory attendance of children at school.....
Duty of. u to forest are violationi.
Duty of, u to inheritances..
2
2
7
8
79
206
816
818
827
228
2
......
1
216
COUNTY AUDITOR :
Duty of, as to change of corporate damer.
Duty of, as to propagation of food dubes.
Duty of, as to dike assessments.
To provide record and stock books for Irrigation purposes
To poblieb notice as to dike construction...
2
8
206
288
184
288
.
COUNTY CLBRES :
Duties of, at elections..
1
428
INDEX
COUNTY COMMISSIONERS :
Empowered to exbibit county products at Lewis and Clark Fair....
Flying salaries of, in countles of 1st class.
Employment of special attorneys by.
Duties of clerks of, at elections.
Duties of, u to live stock. ...
Biay appoint extra constables, when..
To grant certain utility franchises for public roads.
To appoint aplary (bee) Inspectors.
Mileage of, imendlag Code...
Hensions and extra sessions of, mllenge for.
To create game reserves on certain islands.
To cou demn lar de for assensments for dikes.
To pass upon exceptions (see Ansessment for Dikes)
To muke surveys for state bigbways....
'To cul for bids for construction of bighways.
To allow or disallow claims for work on bigbways.
800. Pago
1 80
1 42
1 60
1 64
2 194
2 200
210
217
280
281
247
8 2884
6 286
856
6 857
6 867
COONTI GAYE WARDEXO:
Aow appolated--salaries of ...
"Ex-vdcio" State Game Wardens.
2
8
850
860
COUNTY OF BENTOX(See BENTON COUNTY, page 185).
COCNTT TREASUBURO :
Payment of preminm on odcial bonds of .....
To certify consolidated tax to County Auditor.
1
88
244
CUUM (See 8OPREME COURT, SUPERIOR COURTS,
SUPERIOR COORTS, JUSTICO COORTS and
JOVENILD COOXTO).
COYOTR$ and WOLFOS :
Extermination of-bounty on.....
Proof of killing of, to County Auditor.
Claims for killing of, bow made......
Destruction of scalps of — when and by whom
Appropriation coverlag bounties on..........
Amending Chapter 8, Laws of 1906, relative to.
Proof of killing of, how given..
Oath of party Ellllog, to County Auditor.
Scalp. of to be destroyed by burning, when and by whom.
2
8
4
5
28
24
24
24
24
121
122
122
122
CON
2
8
6
CRABS :
Providing a closed season for...
200
CRIYE:
(Bee Seduction, page 57, and Felony.)
See Petit Larceny, 142.
CROW, HERXAN D. (Presidential Elector) :
Appropriation for mileage and per diem of...
204
CRIDERMAX, DORA W.:
Appropriation for (clerical servicea).
29
D
DAIRY PRODUCTS (See also STATE DAIRY AND FOOD COXMISSIONDR) :
Manufacture and sale of, amending existing law.
Depaty Commissioners, how appointed.
State brands on, cancellation of..
State Dairy Commissioner empowered to "score" butter.
Care of milk and cream; manofactore of cheese and botter.
Inspection of bards, butter factories, etc.....
lospection of apparatus for manufacture of.
8
4
8
190
196
197
197
197
197
197
0
INDEX
429
DAIRY PRODUCT8-—Continued.
Babcock test, lo condensoria, etc.
Salary of Instructor.......
Appropriation to carry out provisions of act..
8oo. Poga
7
198
8 198
10 199
FOUR-index_18479
DANI-(Bee DIXING DISTRICTS AND DRAINAQJ DISTRICTO):
Expenses incurred in construction of.
282
DEEDS :
Tax, admission of in evidence. ...
Relative to reincorporation of cities.
286
99
41
DBER-(See GANE ANIMALS, page 861).
DERR. J. H.:
Appropriation for, defciency...
DETECTIVE YOUTH-Care of (see page 188).
BC
O
DEFICIENCIES :
To cover sundry expenses for Decal period ending March 31st, 1908, for
capitol bnilding
249-280
DELINQUENT CHILDREN:
Control of, under age of seventeen
1
84
"Child," defpition of term.
1 85
Jurisdiction of courts over.
2 86
"Juvenile Court" session for, when held.
8
86
Complaints against
4 85
Suminons to costodians of ..
6 86
Notice to parents of .....
8 86
Failure of to appear constitutes contempt of court.
6 88
"Probation" odi cers for....
8 86
Order of commital of..
7 87
Limit of term of committal of.
8 87
When under 14 year old, not to be placed in jall.
9 88
Separate conflocment of, apart from adulto..
9 88
Trials of, before Juvenile courts...
10 88
Detention room for, apart from Jall.
11 88
.
I
.
DEPOSITIONS :
la Kallway Commission caset.
187
112
.
DEPUTY CORONERS :
Appolotment of, in cities of the Arst class....
DIKING DISTRICTS-(see also DRAINAGD DISTRICT8, page 880) :
Amending act ct 1805 creatlog, see Chapter 87...
Petitions for, how presented..
Boundaries ot, when not to be changed.
Boundaries of, how extended.
Estimates of maintenance of ..
Assessment of State lands for
Bxpenses incurred in construction of dites lo.
.
ܝ ܙ ܝ ܝ ܘܝ ܘܝ
1
1
1
2
2
177
177
178
179
179
243
282
1
DISBA SBO :
Venereal, advertising treatment and care of, probibited.
DRAFTS—(See CAPCKS AND DRAFTS, page 78).
142
.
DRAIXAON DISTRICTS :
Establishment and maintenance of, amending act of 1895.
Bateusion of boundaries of ....
Extension of original system of.
Petitions for construction work in, what to set forth.
Cost of maintenance of, how estimated....
Orders relative to, Wed with Secretary of State.
1
2
8
860
881
862
862
864
884
.
4.30
INDEX.
E
800. Pago
BASTERN WASHINGTON HOSPITAL FOR THE INBAND:
Appropriation for, to March 31st, 1907...
Appropriation for transportation of Insane persons to.
(see also Western Wasblogton Hospital for Insane.)
192
806
OLECTIONS :
ID 1906–of Judge for Stevens county.
In 1906of Judge for Kitsap county.
In 1908 of Judge for Soobomlab and Kitmap counties.
Amending Code, duty of County Commissioner.
Identifcation of voter at...
01 Justices of the Peace, in 1906 and thereafter.
In school district when to be held........
la school districts to be certided to County Treasurer
Duty of judges of, as to each voter.
Relative to draloage districts.
8
4
1
2.
1
1
6
6
48
60
60
84
65
209
260
284
849
881
.
ELLENSBURG NORMAL SCIOOL :
General appropriation for malatenance of ...
809
BABROENCIES—The following acts contalo an emergency clause :
Cbapter 4, retraction of libel..
Chapter 6, number of Supreme Judges, increased.
Chapter 6, Lewis and Clark Fair, exbibit at.
Chapter 9, additional Judge for King county.
Chapter 11, private corporations..
Chapter 22, Superior Judge for Stevens and Spokane countles.
Chapter 28, sale of certain lands along Columbia river...
Chapter 84, annexation of county territory by neighboring countles..
Chapter 86, Superior Court of Spobomish and Kitsap countles.
Chapter 40, llvestock insurance companies.
Chapter 53, re-locorporation of cities....
Chapter 70, care of feeble mldded youth...
Chapter 75, annual street poll tax in cities, 3rd and 4th class.
Chapter 82, toll logging roads.
Chapter 88, irrigation
Chapter 99, execution of boods oa beball of State, in judicial pro-
ceedlogs
Chapter 105, Justices of the Peace.
Chapter 108, validation of warraots by counties, cltles and towns.
Chapter 1:1, transportation of convicts, etc.
Chapter 127, assessments for drainage purposes.
Chapter 140, propogation of food Dobes..
Chapter 180, systems of sewerage in cities..
Chapter 103, protection of clams..
Chapter 168, public prloting and binding.
Chapter 170, propogation of food Oshes.
Chapter 171, registration of voters...
Cbapter 175, draldage districts..
18
14
16
28
27
48
62
68
89
66
84
188
161
161
180
1
.
.
.
.
203
209
218
286
212
254
800
819
832
840
846
860
EMININT DOMAIN ;
Right of, to amend State Constitution relative to exercise of.
Right of, to take private property for drainage purposes.
124
124
1
BXPLOYDA :
Protection of, in factories and milla....
Probibitlag acceptance of gifts or bonus by.
164
299
C
ESTRA18 :
Detention, registration and sale of (See Chapter 28)
County Auditor's records of .
Estrays "Lost" and "found"-how designated.
Registration of, by persons loslag.
1
1
2
als:
INDEX.
431
.
STRAY8- Continued.
kegistration of, by persons inding..
Notice to owners of, by County Auditor.
Feet connected with registration of .
Fees connected with pablication of.
Working of, by persons andlag, probibited.
Sales 01-notice thereof to be given.
Advertising any number of .....
Sales of, to highest bidder.
Rules of, where to be held.
Conditional registration of.
800. Pago
8 45
4 40
6 46
12 48
6 46
7-8 47
9 47
10
14 48
18 48
EXECUTOU8—(See ADNINISTRATORS, page 228).
.
(EXPLANATORI NOTE, by Secretary of State, relative to laws of 1906, 892).
EXPLOSIVES (See GASOLINI OR BENZINI, page 202).
EXPRESB COXPANIES :
Provisions of Chapter 81, laws 1903, applicable to.
(See railroad companies and railway commission).
. 27
161
F
FACTORIES:
Protection of employees of, (see Chapter 84).
Belt sitters and safeguards.
Detective macbinery probibited in.
Veotllation and sanitary conditions 10.
Trap doors, batches, etc., to be protected.
Duty of Commissioner of Labor in regard to.
Requests for inspection of...
Notifcation of defects, by employes of.
Certificates of lospection of.
Copy of above certificate to be kept posted.
Annual certiocate to, fee for....
Copy of Cbapter 84 to be kept posted in.
Appropriation for inspector of.
1
1
2
8
4
6
6
7
7
7
12
164
184
164
185
165
180
186
166
166
167
167
169
809
.
.
.
.
.
FTEBLE MINDED YOUTH :
Creating an institution for (see Chapter 70)..
Term "feeble mloded" dedned...
Erection of building for location.
Transfer of, to new building, when.
Non-resident, admission of, to bullding.
Duties of parents and guardians of.
(See School for Detective Youth)
Appropriation relative to,
4
6
6
7
188
188
184
185
186
185
183
180
.
10
11
5
6
FOEA :
(8ce also LICANAES).
For registration of estrayı.
For school library fund, from students.
For witnesses before rallway commission cases.
For Secretary of State, relative to automobiles.
For Insurance Commissioner, from live stock Insurance companies.
For State Veterinarian.
46
172
166
294
69
889
4
8
1
.
FELOXY:
Suspension of sentence for, of persons under 21 years of age.
To unlawfully take weapons into State Penitentiary.
To provide means of escape to convicts..
To adultcrate milk or food products..
Cost bills in convictions of-appropriation to cover.
1
2
1
19
70
76
79
806
ܚ
+
.
1
1
FERRI COUNTY :
Appropriations for State bighways in (see paragrapbs 2 and 4).......
20.21
432
INDEX
FISH—(See TROOT, GAXE FI8H, FOOD FISHES AND FISH HATCABRIES).
800. Pago
FISA LATCHERIES—(State) :
Establishing one, on Humptallpe river.
Estabilabing one, on Cheballs river..
Estabilobing one, on Chimacum creek.
Establishing one, on stagit river...
Establisbing one, on Upper Metbow river.
Establlobing ope, on Toutle river....
Batabilsbing one, on Little Spokane river (game orb)
Establishing one, od Lewis river
Appropriation for construction of State batcberler.
140
144
201
202
212
278
200
828
828
03
FLORENCE CRITTDXTON HOMB:
Appropriation for beneat of...
189
1
FOOD(See MILK, page 79; also Food FISHES) :
Amending former acts as to adulteration of ...
Duty of Pure Food Commlagloner relative to adulteration of
For live stock, to be marked.....
To prevent adulteration of, for live stock.
80
81
204
204
1
2
.
Food FISIES :
Propogation of, amending act of 1899.
size of Bets to be used in catching.
survey of locations for nets for.
Duty of County Auditori and Fish Commissioners relative to.
Drag seines and set peta for, space to be occupied..
Protection and propogation of, amended..
Liceoses to catch salmon.
Stati pary nobwbeels for.
Trape or pound gets for...
Closed season for, la Puget Sound.
Closed season for, in Grays Harbor.
Closed season for, in Willapa Harbor.
Sunday fishing for, probibited, except with book and line.
Probibited Ashing points-how indicated.
“Angling" not problbited.....
Probibiting traps for, 1o Chambers creek.
254
256
255
256
257
840
840
841
841
844
844
844
844
844
846
846
.
0
FORCIBL. ENTRY AND DRTAINER :
Dedaition o1-leasebold tenacy, etc.
Default of rent-service of notice..
Waste upon premises ; failure to quit possession
Notices, bow served...
Sno-tepanto-service opon corporations.
Defendant's bond, 10 actions.
Court's order, lo actions of.
1
1
1
2
2
8
178
178
174
174
176
176
176
820
PORESTS:
For tbe preservation of and prevention of dres 10.
(See also FOREST FIRES, page 820).
Board of ('ommissioner for, term of owice.
Closed season for burning slasblogi.
0
820
826
8
$
FOREST FIRER :
For the prevention and suppression of.
Extra belp to prevent spread of.
820
826
8
FORKS FIRE WARDEN :
Appointment and salary of.
Compensation and duties of deputies of.
Reports of depntles to.....
Supervision and control of, over depoties...
State timber cruisers, ex-omcio depotles of.
8
5
6
821
822-8
828
824
826
7
INDEX.
433
FUNCHISES :
Term of, for atility purposes, on public roads (106 210)......
800. Pago
1 211
FOREIGN BASK::
Deposit in, bow probibited.
Amount of capital of ...
Construction of term "Forelga Bank."
1
2
66
66
56
FREDERICK & NELSON :
appropriation to cover supplies for Capitol...
249
Fruit:
Inspection of (Bee Horticulture).
866
FUNK, MRS. G. A.:
Appropriation for rellet of (clerical services).
29
G
QAYE :
(See GAME ANIMALS, pega 861-2).
(Bee GAXE BIRDS, pages 852-8).
(See RMSERVES, page 247).
(see STATE GAME WARDEN, page 849).
License to bont...
Hemoval of, by non-resident hunters, how efected.
Unlawful to sell (exception as to ducks)
Reserves for, on certain island, created.
4
277
850
850
247
AB Axit 3:
Unlawful to hunt deer on Islands with dogs..
Elk-unlawful to kill, until the year 1916.
Unlawtul to trap or ensnare........
License to bupt same, durlog open season.
8
7
9
351
851
852
277
GAM. BIRDS :
Water fowl protected, lo certalo countles.
8
Unlawful to entrap or ensnare.......
9
Imported pheasants, closed season for.
10
Wild geese and brant, closed season for.
11
Volawful to pursue or kill from bebind "bllodi" (exception us to speak.
boats)
· 12
(Beo also Soxo BIRDS, Section 8, page 862).
862
852
862
862
.
868
GAN FI88:
Establisblog batchery for, og Little Spokane river.
Creating State food for..
200
278
2
GAYE RESERVES :
Creating. on certain Islands...
247
GAXE WARDEX(See STATE GAXE WARDEN AND CHIR DIPITY or page 349).
QARFIND COUNTY:
Appropriation for relief of—for cost bills....
81
GILRS, MARION 9.:
Deficiency approprlation for, covering work at Capitol....
249
QASOLINE OR BONZIXD:
Packages of to be labeled "explosive".
202
GORAAN & COMPANY:
Appropriation covering supplier for Legislatore.
260
25
484
INDEX.
..
****
GOVERNOR :
sco. Pago
To appoint additional Supreme Judge....
3
To appoint Lewis and Clark Fair Commission.
1
To issue commission to Executive Commissioner of above Commission.. 9
To appoint Highway Commissioner..
1
To appoint additional Judge for King county.
2 26
To appoint Superior Judge for Stevens county.
2 48
To appoint Superior Judge for Kitsap county.
2 69
To appoint Chaplain for State Penitentiary..
1 68
To appoint commission to promote onformity of legislation.
111
To issue proclamation as to constitutional amendments.
1 25.131
To appoint examining board for plumber.
2 128
To appoint Compalasioner of Labor.
1 108
To appoint State Tax Commission.
1 224
General appropriation for omce of.......
808
Special appropriation for clerical help, account printing.
807
To appolot State Oil Inspector ...
1 810
To remove State Oil Inspector for cause.
9 815
To appoint Public Printer...
1 882
'To approve requisitions for public printing and binding..
833
To appolot Highway Commissioner and Board...
358
To trapsmit petition to Judge of Yatima county relative to formation
of Benton county...
8 186
Proclamation of, relative to Benton county.
5 187
.
.
.
GUARDIANS :
Requirements of bonde of....
88
H
HARRIS & S0x8, I. :
Deficiency appropriation for...
249
298
AIR :
Legal, adoption of.......
HIGHWATS(Bee STATE HIGAWAIS, page 18, 200 BIGHWAY COXXISSION,
pages 863.6).
Creating public fund for..
Appointment of Commissioner of.
Appropriation for Marble Mount road...
Appropriation for road in Okanogan and Whatcom counties.
(For appropriations for roads in other countles see pages 21-2).
202
856
859
869
A10HWAY COMXIRSIONER:
Creating once of-Governor to appoint.
Salary and ofticial bond of ......
Once of, with Commissioner of Public Landı.
Records and reports of.
855
855
866
858-6
NN
2
2
888
889
.
AORSES, C'ATTLE AND SWINE:
Importation of amending act of 1898...
See requirements of railway compadies relative to.
To prevent running of at large (see Live Stock).
BORTICOLTURD:
Appropriation for Commissioner of.
Formation of societies for promotion of.
Examinations for position of Inspector of.
Inspections of invoices of trees.
Inspections of, assistance for..
Inspections of infected abrobs..
Inspections of orcbardo-access to, when to be bad.
.
.
4
6
7
807
80K
866
868
869
869
870
HOTELS AND RESTAURANTE :
Sanitary conditions of drainage and plumbing 10.
77
INDEX.
4.35
BOYHTULIPS RIVER:
Establishing State ob batcbery on...
80o. Page
140
AUNTERS:
Licenses for, to bont game, wolmalı 2nd birds..
Licenses for, to non-resident aliens...
277
277
I
IDIOTS-(See FEEL. MINDED YOUTH, Section 4, page 188).
ILLUMINATIKO O11--(Petroleum):
Creating once of State Inspector of .
Brando on barrels and custe of..
Aow marked, when rejected by Jaspector.
Penalty for fraudulent sales of ......
Quality of-degree of beat in test.
Inspection of, when to be made.
Cancellation of brands on empties, by whom.
810
811
811
812
812
814
814
8
4
INCORRIQIBLEY-(See STATE RIPORN SCHOOL) :
Transportation of
235
INHERITANCES :
For charitable bequests, exempt from taxation...
Appralsement of, amending act of 1901..
Appruiser for—bow appolated duties of.
Duty of Tax Commission relative to..
199
222
222
226
0
INBAXI PERSON;
Non-resident, transportation of, to tbeir homes.
Appropriation for transportation of, to State bospitals.
Guardians for (See Re-incorporation of Cities).
288
808
89
14
INSURANCE:
(See LIVE STOCK INSURANCE COMPANIES, page 66).
(See MUTCAL FIRE INSURANCE COMPANIES, page 186).
(See LIFE INSURANCE COMPANIES, page 878).
(see below for INSURANCO CONMISBIONAR).
INSURANCE COMXI8GIONER:
Duty of, relative to live stock insorisce companies...
Fees of, relative to llre stock insurance companleu.
7
8
68
60
INTEREST :
Rate of, on bonds of Island county..
On Capitol fund warrants, appropriation to cover.
Drie Permanent School Fund, appropriation to cover.
182
807
307
.
INTOXICANT.—1 Bee LIQUORS, page 286):
Intoxicated persons-trial of actions for injuries caused by......
120
0
IRRIGATION-(Aee also Dikls, DIXINO DISTS. AND DRAINAGB DISTB.).
Screens or grilis at beads of ditches for.
Use of state waters for....
Appropriation for State Board of Commissioners of.
148
180
807
ISLAND COUNTY :
Rate of interest od bonds of (Bee State Treasurer).
182
J
JOTORSOK COUNTI:
Appropriation for state bighway in.
22
JUDOMONTO :
(Bee foreclosure of assesoments, in cities).
284
436
INDEX
JUROKS(See below, JURI COXXI88IONERS) :
Selection of, in superior Courti.
How drawn from list.
Discharge of....
Extra, bow drawa.
Custody of list of, by Clerk of Court.
Exception as to challenges of .
Compensation of-bow paid.
Petit, open venire for...
80o. Page
270
4 272
272
6 278
273
7 273
10
274
11 274
1
•
JURI COXXI88IONERS :
Term of owce of.
Pro tempore
Removal of
Vacancies in odce ol.
12
10
9
271
275
275
274
1
JUSTICE COURTS :
Costs In-amended....
Appeal. from, in civil actions
In cities of arst class, salaries of Justices.
Jurisdiction of, as to school children...
27
41
209
818
7
JUVENILE COCXTO :
Bensions of, for delinquent cbildren...
Trials in, of delinquent children.
8
10
80
88
K
KERSHAW, T. R. :
Dedciency appropriation for.
38
KING COUNTY:
Additional Superior Judge for.
Noaber of Judges lo and for.
Appropriations for State highways in...
26
26
20-22
(7)
22
KITTITAS COOXTI:
Appropriation for State highway in.
KITOAP COUNTY :
Relative to superior Court lo....
KLICKITAT COUNTY :
Appropriation for state bighway lo...
69
(8)
22
L
LABOR (See COXXI&BIOXER OF LABO2) :
Yanner of payment of wages for.
219
LIENS :
For enforcement of ......
229
4
LAND (See STATE, GRANTED AND SCHOOL LANDI : TIDD AND SHORE LANDS):
Sale of, along Columbla river-State to bid on.
Deed to above, in case of purchase by State.
Appropriation to cover above porchase, 11 made.
Assessment of, within corporate limits, owned by countles
Extending time for removal of timber from.
Irrigible, applications to purchase.....
Water rights to attach and become apportepant to when
Sales of, for Irrigation purposes, to be advertised.
Redemption of, lo Irrigation matteri..
Per cent of, under fence (See Live Stock).
LARCRMY-(See PETIT LARCOXI, page 142).
LIARDA:
Ezinting, of State lands (See Assessmento)
1
8
4
1
1
9
10
10
10
8
62
62
68
53
77
118
117
117
118
194
1
7 269
7
INDEX
437
LDIAL HEIR8 :
Adoption of, amended...
860. Pago
296
LEGISLATURE 1 See also LEGISLATIOx, page 111):
atb biepolal session of, appropriation for.....
9th bienalal session of, additional appropriation for.
Atb biennial session of, additional appropriation for.
Otb biennial session af, indexing Journals and laws of .
Sundry supplies for (deficiency appropriation).
11
182
216
806
249
1.RQIBLATION:
To promote uniformity of, la United States..
Commiuion for opiformity of, Governor to appoint.
Comulsion for uniformity of, doties, records and remuneration.
311
111
111
0
LINIS COUNTY:
Appropriation for state bigbway in.
. (6)
21
LEWI8 RIVER :
Establioblog State Ash batchery on.
828
LEWIS, P. A.:
Defciency appropriation for.
206
LIWIS AND CLARK FAIR (at Portland, Oregon) :
State exbibit at, in 1908...
Commission for, Governor to appoint.
Executive Commissioner for, duties of, etc.
Sale of exbibit...
Care of exbibits, prior to shipment.
Use of St. Louls exbibit at.....
Appropriation for exbibit at.
Exbibit at, by County Commissioners authorised.
Additional appropriations for exbibit at.
18
13
16
6 16
6 17
7 17
8 17
1 80
.1 and 2 279-80
.
LAIL.
Repaallng act of 1899 relative to retraction of ......
1
18
8
1
LIONSR8 :
For Oshing boats or scowi.
For Asblog, existing, validity of .
.
..
Suspension of, to sell fruit trees.
To catch salmon, witb aete, etc (angling not locluded)
To cannerles, classified.
To canneries, how based.
To existing plombers...
To booters, to bont game.
To plombers
To sell spirituous and malt liquori.
To sell fruit trees (See Horticultore)
To peddlers and vendors of merchandise.
2
10
.842
842
867
840
842-8
848
129
277
127
286
867
872
+
8
1
2
2
.
LIENS:
Upon chattels for labor-perpetuation of.....
Boforcement of, on cbattels.
Boforcement of, for labor, amended.
Enforcement of, on land, for improvements.
See Validation of City Assessments)
187
188
229
280
281
0
$
1
2
1
+
LIEUTENANT-GOVDRROR :
General and special appropriations for...
208-807
Lm IXSURANCE COXPAXIDS :
Regulation of ..
Discrimination by, not permissible.
Rebatar by, wben probibited..
1
1
878
878
878
438
INDEX.
800. Pago
200
LITTLE SPOKANE RIVER :
To convert salmon hatchery on loto a game asb batchery.
LIQUORS :
Spirituous and malt, licensing ule of..
236
LIVE STOCK_(See below for Live STOCK INSURANC COXPANDS):
To problbit from running at large..
Gruziog districts for.
Treated as "estrayı" when (See Estrayı, page 44)
To prevent adulteration of ground food for.....
194
194
195
205
5
+
1
.
LIVE STUCK INSURANCE COMPANIES :
Incorporation and regulation of .....
Articles of, fled with County Auditor and Secretary of State.
Certificate of autbority to, from losurance Commlusioner.
Amendments to charter of, how made.
Trustees of to adopt by-laws.
Amount of liability of .
Issuance of policies by.
Limit of policies, on estimated cost..
Release of, from liability, bow accomplished.
Election of trustees of.
Duties of president and secretary of.
Statements from—what to show..
Examinations of, by Insurance Commissioner.
Revocation of licenses to, by Insurance Commissioner
Fees to be paid by, to Insurance Commissioner.
Rate of assessments by..
Rcserve food of..
Provisions of this act extended to old companies
Term "perton" as applied to, defned.
2
8
4
5
65
8
7
8
8
9
10
11
12
66
66
66
66
66
67
67
67
67
67
67
67
68
69
69
69
69
69
60
.
.
M
MAPS:
Supplemental, for improvements of rivent and streams.
2
Of Irrigible lands, what to show (See Commissioner Public Lande).... 11
Of Oxhing locations, what to obow.
or drainage districts...
2
288
119
266
868
MCKENZIE, E. M.:
Deficiency appropriation for....
208
MEDICAL LATE:
Appropriation for bridge across.
198
MEDICIND AND SUROURI :
Ameadlog act regulating practice of.
Licenses to practice. ...
Examinations for practice of..
License for, how granted-fees for.
Revocation of license to practice.
1
1
1
70
71
nnnn
.
UNOT, W. F.:
Deficiency appropriation for....
200
MINORS :
1-2
49
Supepolop of sentences of, for felony.
MARCAANDIGD :
Licensing and regulating peddlers and vendor of.
Prohibitiog use of trade stamps 10 sales of ...
872
874
YILLAGE :
Of Presidential electors, appropriation to cover.
Of County Commissioners, amended.......
ni har examiping board (including per diem).
204
280
829
INDEX
439
MILK :
Problbiting sale of, 1 adulterated.
860. Pago
1 79
MILLS18ee FACTORIES, page 184).
MILLS & COWLES :
Appropriation for supplies for capitol, deficiency.
249
MORQAX, ROSI:
Appropriation for relief of, clerical service...
29
MOTOR CYCLES— (See AUTOYOBIL.8, page 298).
MUNICIPAL FUXD8 :
Deposit of (See Cities)....
207
:
MONXON, AL, J. (Presidential Blector):
Appropriation for mileage and per diem of.
209
MURPRI, J. B.:
Appropriation for rellet of ...,
829
MURRAY, JOHN L.:
Deficiency appropriation for.....
208
MUTUAL FIRE INSURANCE COMPANIBS :
Amending act of 1898-inues of policies by...
186
N
Nasu, L. B. (Presidential Elector):
Appropriation for mlleage and per diem of.....
204
NORMAL SCHOOLS—(See STATE NORMAL SCHOOLS, pages 809-10):
Ameading Code of Public Instruction relative to.
170
O
O'CONNOR, M.:
Appropriation for supplies for Capitol, declency..
260
OFFICIAL BOND8—(See also BOXDS) :
Payment of premium on, of State, County and City Treasurers'.
Or member of State Tax Commission.
01 Public Printer...
Of Highway Commissioner.
82
224
888
856
2
OIL (Petroleum)-(See ILLUXINATING OIL AND STATO OIL INSPECTOR):
Inspection of
810
OKANOCAN COUNTT:
Appropriation for State bigbway in...,
Approprlation for State bighway in
(4)
. (10)
21
22
OLYMPIA DOOR COMPANY :
Appropriation for material for House and Senate, de ciency..
250
ORDOON STATE OF:
Appropriation covering soit against, to re-boundary line..
292
OWING8, F. C..
Appropriation for relief of, legal services.
74
P
PERSONAL PROPERTY :
To prevent fraudulent removal of ..
72
PATIT LARCENY:
Denne amending Code...
142
440
INDEX.
Boo .
Pogo
86
20
2
PETITIONS :
(dee Re-Incorporation of Cities).
(Bee He-locorporation of Cities), sopplemental.
Relative to Benton county.
Relative to Diklog district.
Relative to inberitances.
Relative to game reserver on Islands.
Relative to drainage districts.
2
1
185
177
223
247
860
PETROLICY-(See ILLUMINATING On, page 810).
27
88
82
89
PILUCE'S CODE(Amendments to):
Section 2904, costs in Justice Courti.
Section 7054, private corporations
Sectloc 2737, bonds of guardians.
Sertlon 1110, costa lo civil actions.
Section 3524,
Section 8323, State Reform School...
Section 8530,
Section 3084, conta in civil actions.
Section 4007, salaries of County Commlusionen.
Section 8921, annexation of territory by countles.
Section 6284, medicine and surgery.
Section 8024, State Penitentlary
Hection 6343, contracts
Section 3328, cemetery anociations
Section 4121, mileage of County Comminlonen
Section 4594, assessments for dralaage.
Section 2801, legal beirs, adoption of...
Section 5729, propogation of food nsbet.
Section 6280, propogation of food debes.
Section 8279, propogation of food debes.
41
42
58
70
77
111
123
280
242
298
840
SA2
848
.
PHIXXEY, FTA.r. :
I Deticiency appropriation covering judgment of..
200
.
PLOMBERK (See below, PLUMBINO):
Applications of, for license.
Examination of, by board.
Ksamination fee
Renewal of license by.
Apprentice, pot restricted by this act.
Kevocation of license of, for what cause.
Existing, license to, fee tberefor...
Appenls by, from extolatag bourd, to Superior Court.
8
4
6
6
6
3
10
18
17
128
128
129
129
129
129
1 80
PLUYRINO:
In hotels and restanranta, moltary manner of .
License to carry ou (see Plombers)
See Board of Plumbing Examloer.
77
128
128
POISON:
Prohibiting combination of, in bread.
259
POLI. BOOKS :
See Registration of Voten
846
POLL TAX:
Street, in cities of 8d und Atb clau...
140
PRESIDENTIAL ELECTORS :
Appropriation for mileage and per diem of....
204
PRIVATE PROPERTY :
Taklag of, for drainage porpoort (see Bholdent Domalo)
Wheo not to be taken for private use...
124
126
INDEX.
441
.
PROPOSALS:
For irrigation works, wbere gled.
Certided check to accompany.
Duts of land Commaloner upon receipt of, for irrigation works.
l'or publishing supreme court reports..
Soc. Pago
2 118
8 114
1 114
8 880
PI'BLIC DOCUMENTS (see STATE LIBRARI, page 54).
PUBLIC PRISTER:
Creating once 01—(joveroor to appolat.
Odcial bond of .....
Duties of
To furnish stock and charge same to State.
To Ale bulls for material with Governor.
1
2
a -
882
883
888
887
887
11
4
6
0
PUBLIC PRINTING AND BINDINO :
General appropriation for, to March 31st, 1907....
Supervision of
Requisitions for work ordered.
Dnplicate bills for each job of.
Record of, to be kept by Secretary of State.
Classification of, irst clan.
Clasoldcation ot, second class.
Classidication of, tbird class.
Classidication of, fourth class.
Classification of, orth clan.
Composition and press work.
Measurements of
Compensation for-scbedule pamphlet work..
Books
l'imc and ruled work, rater for, stock to be furolabed by priater and
charged to state..
Material billo for, where aled..
807
888
888
888
884
884
886
886
835
886
886
336
886
837
►
6
6
7
8
887
887
PUBLIC ROADS (see also HIOA RAYS):
Utility franchises for, from County Commissioners, Chapter 106.
Creating tund for
210
262
PUBLIC SCHOOLS (sce SCHOOL.8, page 816).
PUGET SOCXD SAW MILL AND SHINGL COMPANY :
Appropriation for rellet d.
11
(a)
(c)
R
RAILROAD COYX188ION:
Appointment of, by Governor.
Member of, not to bold other once.
Vacancies in, Governor to 011 by appointment.
Burety bond of members of...
Balary of members of .....
Orgaalsation quorum and secretary of.
Mlautes and oncial name and seal of.
Trareling expenses of members of.
Session of-where held.....
Power of commlulon.
Joint rates made by...
Complaints to, as to unjust charges.
Reports of, to superior courts.
Appeals from, by dluatisfied party.
Notices by, to interested parties.
Rates established by, conclusive in actions.
Rallrond companies to furnish schedule to.
Inspection by. of railroad accounts..
To ascertain amount of construction wort done by nallroads.
To Issue loformation blank.
(a)
8
4
146
143
148
146
146
146
146
147
147
147
148
180
161
162
162
162
184
164
165
136
.
10
11
12
18
442
INDEX
RAILROAN CONXI88I0N- Continued.
To report annually to Governor..
To investigate freight rates...
To furnlab coples of rates upon application...
To euforce law and report to Attorney General.
Appropriation for
800. Pago
(b) 136
(c) 160
20 169
21 180
24 160
22
180
3
8
9
5
7
8
9
9
.
(a)
3:23
(a)
.
(b)
RAILROAD COMPANIES (see RAILWAY TICKETS, page 876):
Depoition of term "railroad".
Jee Railroad Commission.
See Express Compaalet.
Establishment of commission for, Chapter 81..
Service of orders on......
Proceedings against, by railroad commlaslon..
Proceedings against, by Attorney General.
Refusal to comply with order of Attorney General.
Process against-bow served.....
Fipal Judgment absolute..
Intent of Cbapter 81 relative to.
Burden of proof against..
Jurisdiction of courts relative to.
Duty of courts relative to..
Penalty for violation of decree by..
To tornish schedule of rates to commission.
Inspection of accounts of, by commission.
Failure of, to exbibit books...
Information blanks from commission to.
Failure to all out blank penalty.
L'ajust discrimination by.....
Voreasonable preference shown by.
Failure of, to transport passengers or freight.
Free carriage to State extended by.
Free carriage to their own employes.
Falsc billing by, penalty therefor.
Llability of, for damages.
Willfol violation by, and penalty.
Penalties from, bon recovered..
Fizing maximum pawenger rute..
Exception, as to certain roda..
Llabiilty of. fallure to take bonds (nee Lleos)
To include certain weight lo car loaded with lumber.
To weigh can loaded with lomber at Junction points.
Scaler at juaction or common points...
Statement of, as to gross and set weight.
Separate weighing of cars by.....
To provide spark arresters on iocomotives (uee Forest Fires)
Problblting from Importing borses and cattle without bill of healtb.
Tickets of, to prevent fraudulent sale of .....
To Inroish agents of witb certifcates of authority to sell tickets.
To bave nxed place of business and ticket omce..
To post certidcater to agents loomcer.
Redemption of tickets sold by...
fallure of, to redeem ticket penalty therefor.
RAIWAY TICKETS :
To prevent fraudulent sale of (see Chapter 180).....
.
115
148
118
158
149
150
153
160
153
163
168
154
164
161
165
165
156
167
157
167
168
168
169
150
160
169
220
221
280
288
240
240
241
241
826
389
376
876
876
877
878
878
.
.
18
19
8
10
0
2
8
7
4
876
RECEIVER:
For irrigation works, how appointed.
7 116
RELIEF BILLA:
OC D. G. Bicherton
Of Puget Sound Saw Mill and Sbingle Co....
Or extra clerical help for Superintendent of Public Instruction.
() Josepb Capott
01 Gardeld county (cost bills)
11
12
29
80
30
+
INDEX
443
RELIEF BILL8-Continued.
seo. Payo
Or Jobo H. Willms.
58
OI F. C. Owingi, legal services.
74
of Capital National Bank, pages 78, 250 and..
807
Or Skapania county, to correct error of Assessor.
200
To Henry Sommers
248
of sundry persons, for de ciencies.
249
Of P. M. Troy, J B. Bridges and J, B. Nurpby, Bar Examining Buard,
per dlem and mileage of.
829
RESTAURANTE ( See HOTELS, page 77).
REVENUE AND TAXATION— (See TAXES):
Relating to
252
RION-OP. WAY:
For pipe llue, appropriation for..
for road, appropriation for ..
For ditches, etc., reserved for United States.
198
193
188
RIVERS AND STRLAYO:
Clearing out and improvement of.......
Power of companies organized for clearing out.
Improvement of, imending act of 1898.
108
109
282
.
RIVER IMPROVEMENT DISTRICTE :
Collection of taxes in, amended..
208
ROB6, AUGA:
Appropriation for sopplies fordigbed by, deficiency.
249
8
SALARIES :
Of County Commissioners to counties of Arst clan...
Of State odcials and institutions (see Chapter 160), pages 802 to.
02
810
.
SAVINOS BANKA, SOCIETIES AND INSTITUTIOXG:
Blennial statements of, to Secretary of State...
249
SEATTLF, CITY OF ;
Donating certain sbore landi to....
Appropriation for State Armory at.
141
808
SEATTLE ARYORI:
State, appropriation for.
808
8
SECROTARY OF STATB:
To publish constitutional amendments, see pages 128 sod.
To report to Attorney General relative to savlogo bapts.
To keep record of automobiles and motor cycles.
Fees of relative to automobiles....
General appropriatlou for office of, fiscal term endlog March 81, 1907..
To keep record of poblic printing and binding..
Decree to be died with (see Benton County).
Supplemental dlings with, as to change of corporate dames
181
246
294
294
808-4
884
187
215
6
8PDUCTION:
Punishment for, amended..
1
67
1
49
SENTENCE::
8nspension of, on periods under 21 years (see Felony).....
SEWERAOD :
Operation of systemof, in cities, amonded....
300
444
INDEX.
BCHOOLS:
Compalsory attendance of children in.
Exceptions as to above...
Attendance onlcers for, how appointed.
Attendance of cert for, powers of.
Attendance oficers, for failure to perform duties.
Directors of, to report annually to State Board of Education..
800. Pago
316
316
817
45 817-18
10 818
9 318
.
SHAFER, ('. WILL:
Appropriation for relief of......
29
SHKRIPTS:
to sell unclaimed estrays, at auction....
Give notice of mles of land or water rights, wben.
Duty of, as to forcible entry and detainer....
10
10
8
47
117
176
OmIWALKO:
Malatenance, repair und renewal of, in citie.....
Notice to repair or renew, how given..
Abutting property defned.....
61
61
62
1
BKAGIT COUNTY :
Appropriation for State bigbway 10.
Appropriation for State bighway in.
(3)
(6)
21
22
BLAQIT RIVER:
Establishing State isb batchery on..
202
BRAMANIA COUNTY :
Appropriation for rellet of....
Appropriation for state bigbwey lo..
118)
200
20
(8)
SXOHONISH COUNTY :
Buperior judge for....
69
SOCIAL, CHARITABLE AND EDUCATIONAL ASSOCIATIONS :
Amending Act of 1896 relative to (incorporation)..
289
SOXMERS, HEXRY :
Appropriation for rellet of.
248
Soxo BIRDO :
Unlawful to trap or ensnare.
9
852
SOUTH BED:
Re-appraisement of tide lande at.
237
SPOKANE ARVORY :
State appropriation for.
808
BOXAND COUNTY:
Fixing number of superior Jodge for....
1
48
STANDARD FURNITURI COXCAXI :
Dedciency appropriation for capitol bullding (rupplies)...
249
STATT ARMORIES— (See page 808).
208
804
STATE AUDITUR :
Certified statement of, to Legislature, of 18esiment of State lande...
General appropriation for omce of, to March 81, 1907.....
STATE BOARD OF CONTROL :
Appropriation for maintenance of Institutions ander supervision of,
Chapter 00
Appropriation for salaries and expenses of..
Supervision of, ar to transportation of convicta, jocorrigibles and in-
gane Derions
Authority of, ao to porcbase of land adjolping reform acbool.
191
198
1
286
251
INDEX
445
.
STATE BOARD OF EQUALIZATION :
General appropriation for....
808
STATI BOARD OF BEALTH :
Appropriation for, to March 31, 1907..
807
STATE BUARD OF IRRIGATION COMMISSIONERS :
Appropriation for expenses of.
807
STATE COAL MINE INSPECTOR :
General Appropriation for.
806
STATE COLLEOL OF WASHINGTON—(Formerly the Washington Agricultural
College and School of Science) :
General appropriation for.....
809
STATE DAIRY AND FOOD CONxI8SIONEB :
Duty of, as to adulterated milk.....
Duty of, u to adulterated food.
Duty of, as to adulterated food for live stock
Dedcleory appropriation for ....
General appropriation for.
2
1
2
79
80
206
280
806
STATU FAIR AT YAKIXA :
Maintenance appropriation for,.
805
STATE F18 COXXISSIONER:
Appropriation for once of .
Detalled report to, from dobermeo.
807
847
STATK GAXE WARDRN :
To appolot a chlet deputy, ulary and duties of .
849
1
STATE GRANTED AND SCHOOL LANDO :
Extending time for removlog timber from.
Granted-irrigation and sale of.....
Ansessment of, for draloage porposes.
Assessments of, for local improvements to cities.
Damaging of (see Relocorporation of Cities).
77
118
242
267
86
STATE ORAIN INSPECTR:
General appropriation for....
Extra appropriation for lacidentals, etc.
806
808
STATE AIGHWAY BOARD :
Appolotment of by Governor.
Apportlopment by of foods appropriated for roads.
856
856
22
18
18
19
20
20
.
STATE HIGHWAYS :
Examination and allowance of bills for by County Commissionen..... 8
Commissioners for, appointment of..
1
Board of composed of State Auditor, State Treainrer and Alghway
Commlssioner
2
Surveys and plats for.
6
Bids for, call and opening of.
7
Appropriation for, complete.
7
In King county
Paragraph 1 7
lo Farry and Stevens countles.
Paragraph 2 7
Io Chelan and Skagit countles.
Paragraph 8 7 7
Io Ferry ard Okanogan countles.
Paragraph 4 7 7
1. Yakima and Lewis counties..
Paragrapb 6 7
lo Whatcom and Stagit countles.
Paragraph 6 7 7
Io King and Kittitas counties.....
Paragrapb 7 7
In Kittitas, Skamanla and Clarke counties.
Paragraph 8 7 7
In Jetterson, Clallam and Cheballs countles.
Paragraph 9 7
In Chelan and Okanogan counties...
Paragraph 10 7
20
20
21
21
21
22
22
22
22
22
446
INDEX.
STATE INSTITUTIOXO :
Under supervision of Board of Control, appropriation for...
(See also page 802).
101
STATE INSTITUTION FOR FEERLE MINDO :
Establishment of, name..
Location and supervision of.
Management of, by Board of Control.
lamates of, who may become.
Erection of boilding for...
Transfer of iomates to..
Non-resident-how admitted to.
Appropriation for
Approprlation for, malntenance.
2
8
4
5
6
7
188
188
183
183
134
185
185
186
193
11
1
STATE LIBRARI :
Appropriation for division of poblic documents 10.
Appropriation for, general....
Appropriation for, purchase of books for.
Appropriation for, salaries of assistants in.
Extra copies of supreme court reports delivered to.
64
306
808
808
882
8
STATO NORXAL SCHOOL: :
Special fund for, created.
General appropriation for.
8
78
809.10
STATE OF ORAGON(See page 292).
8
14
STATE OF WASHINGTON:
Not obligated to pay for Irrigation construction work.
Balta or actions by Commissioner of Public Lands, in pame of .
Execution of bonds on beball of, in judicial proceedings.
To promote agricultural interests of.
Assessment of lands of, in cities, for local improvements.
116
119
208
217
287
1
STATE OIL INSPECTOR :
Creating omce of, Governor to appoint.
Doties of Inspector and bls depotles..
Appointment, renewal and duties of depnties of.
Oncial bond of, and depotien...
Fees to be collected by-record of tests by.
Reports of, to Governor...
Inspections by when to be made.
Cancellation of brands on emptler by
Balary of, bow paid....
Complaints entered hy, for violations.
Not allowed to tranc in oil personally.
May be removed for cause by Governor.
2
8
8
8
8
8
8
6
8
9
810
810
812
818
313
818
814
814
814
314
315
815
.
+
1
STATO OYSTER BOARD AND COxu18SION:
Deficiency appropriation for members of.
Amending act of 1893 creatlog.
Appropriation for, from oyster fuod..
Surveys and miscellaneous expenses, appropriation for.
56
246
246
309
1
STATE I'ENITENTIARY :
Appointment of Chaplain for.
Regulation and government of, amended.
Appropriation for, to March 31. 1907..
Appropriation for jute mill and brick yard.
Transportation of convicts to....
68
76
192
193
283
STATE RETORY SCHOOL :
Amending act of 1891 relative to.
Commitments in, deåned...
Proceedings prior to commitment lo.
1
1
2
39
89
40
.
INDEX.
447
STATE KETORX SCHOOL-Oontinued.
Term of detention in..
Appropriation for, to March 81, 1907.
Appropriation to purchase land adjoiblog.
Appropriation to transport locorrigibles to.
800. Pago
2 40
192
251
285
STATE SCHOOL MOB DETECTIVE YOUTH :
Appropriation for, to March 81, 1907........
Changing name of, to "State School for Deat and Blind"
192
254
STATC SOLDIJRS' Homo:
Appropriation for, to March 31, 1907.
Admissions to, abendlag act of 1901.
192
291
1
(1)
. (b)
(c)
STATE TAX COXX18810X :
Creation of, appointment by Governor,
Vacancies in, how olled..
Member of, not to hold any other public ofice.
Bonds of, to be approved by Governor..
Powen and duties of (see paragraphs ist to 11th).
Members of “ex-otclo" member of state Board of Equallzstion.
Reports of, to Legislature...
Organization, name and seal of.
Secretary of, salary and supplies for.
Appropriation for salaries and expenses of.
224
224
224
224
225-6
227
228
228
228
807
8
5
6
6
STATE TREASURIK (See also STATI TRIASTRY, page 78):
A member of Board of Bighway Commissionen.
Payment of premium OD Owcial bond of .
Doty of, as to liquor licenses...
General appropriation for omce of, to April 1, 1907.
NN
2
1
2
18
82
286
804
STATE UNIVERSITY—(Rnown as "University of Wasblogtop"):
General appropriation for once of, to April 1, 1907...
804
STATE VETERINARIAN :
General appropriation for....
Feer, for esamlping imported horses and cattle.
808
889
STATY WATIRS :
To amend Constitution relative to poblic use of.
181
STEVENS COUNTY:
Appointment of Superior Judge for.
Number of judges for..
Appropriation for State bighway in.
2
1
. (2)
48
48
20
Srock:
Of corporations, authorising other corporations to deal in....
(See Live Stock, page 194 ; Live Stock Insurance Companies, page 66).
81
STREETS AND ALLDY8)See HIGHWAY8).
STUART, WALLACD :
Deficiency appropriation for...,
30
80XHONS :
To ciistodlans of delinquent children..
As to reincorporation of cities.
6
6
86
86
.
BUPERIOR COURTS :
Jurisdiction of, as to delinquent children.
2
Suspension of sentence of minors by...
1-2
of Snohomish and Kitsap countles, judge for
To appoint appraisers (see loberitances).
Jurisdiction of, as to compulsory attendance of scbool children at scbool 7
Duty of, as to reincorporation of cities.
9
86
19
89
222
318
87
448
INDEX.
.
Sco.
12
20
28
•
BUYERIOR COURT&Dontinued.
Power of, as to relocorporation of cities......
To appolat commissioner (see Reincorporation of Cities)
Jurisdiction of (see Reincorporation of Cities)
Orders of, relative to Rallway Commission..
Jurisdiction of (see Rallway Commission).
Duty of (see Railway Commission).
Selection of jurors in, how regulated.
Payo
88
91
34
161
169
169
270
.
SCPERIOR JUDOES :
For Klog county
For Stevens and Spokane copotles.
For spobowish and Kitsap countles.
For Spokane county...
General appropriation covering salarles of..
Appropriation for those appointed since January 1, 1905.
Duties of (see Cities, Relacorporation of)...
1-2
1
1-2
1
26
43
59
18
808
809
91
.
22
SCPKRINTENDENT OP PUBLIC INSTRUCTION :
Deficiency appropriation for extra clerical belp for..
General appropriation for ...........
(See also Code of Public Instruction relative to).
29
804
1
14
SUPREYE COUR:
Increasing number of Judges of...
General appropriation for, to April 1, 1907..
Appropriation covering publication of reports of.
.
Relative to publication and sale of reports of.
Heports of, State's portion..
.
808
808
380
881
SWIX (See HORBES, CATTLE AND 8WIND, page 388).
T
TACOXA ARXORY :
State appropriation for ....
808
TAXFR--(Bee STATE TAX COXX18510x, page 224):
Charitable bequests exempt from (see Iaberltancer)
In river Improvement districtsbow collected.
lavestigation of, by State Tax Commlusion..
Arsenament and collection of, amending act of 1897...
Consolidated, certided to County Auditor by County Treasurer.
Delloquent, carried forward to current tax rollo...
Tax deeds, admission of, in evidence.
ABHeument and collection of lo cities of third and foortb clan.
Road, bridge, poll and property, levy and collection of.
...
Aneusment and collection of, amended..
Water users cxempt from. wben.
On loberitance (see Tax Comminlon)
190
208
227
248
244
251
286
289
297
208
184
225
7
2
TOSTIYONY:
Glved lo former trialo, introduction of ....
Bxpert, in dous construction solt, appropriation covering
60
200
.
TIDI AND SHORN LANDO :
Donation of, to City of Seattle.
Reappraisement of, at South Bend..
Bxception as to assessment of for local improvements.
Payment for improvements on, to lessees of..
Relense or sale of...
141
287
267
868
864
1
2
0
TIMBER PRODUCTS--(Bee also page 181):
Extending time for removal of from State ladds...
77
INDEX.
449
TOLL LOOQING ROADS:
Incorporation and management of ......
Transportation charged by.
Deemed "gouel public companica"
800. lave
161
162
4 162
TOOTL: Biv:
Bataolisbing State Agb batchery on........
278
TRANSPORTATION :
dee locorrigiblen, Innne and convicta.
See railroad companies
see toll logging compaples.
285
148
161
.
TKAIE STAMPS-(Jocluding prisen, cbances, etc.) :
Use of, on anles of mercbandise, prohibited...
#74
TRIALS:
lutroduction in of testimony formerly given.
Of juveolle offenders
1
10
50
88
0
THOUT_(See also GAUR FIBH) :
('lomed HPANOO for, in Chelan county.
See Plan llatcherles.
Finh
88
TROY, P. M.:
Appropriation for relief of.
T'ROAT FIN18 :
829
281
Authorizlog cemetery 18sociations to accupt.
TOTTLA, ANXA:
Appropriation for reliet of, clerical service..
29
U
UNITED STATES :
To promote uniformity of legislation in
Right of eminent domalo for irrigation purposes to.
Right of, a tu water courses....
Title to rest in, as to beds and aborer.
Kight-of-way for ditches reserved for.
111
180
180
182
188
5
UPPER METEOW RIVER :
Establishing State Asb batchery thereon. ...
212
V
VENBRIAL DISASEO :
Advertising care of probibited.
148
V TEMANS:
Deceased, appropriation for corons for .....
198
VOTO 8-— (See NOTk At end of Index, page 450).
VOTLRS:
Reglxtration of
Opeoing of poll books for.
Foll, where kept—when opened.
l'oll bookshow arranged.
loll hooks for, to be certined.
Eligibility of (mee Drainage Districts)
2
8
846
846
347
848
848
864
W
WAREN :
For labor--how paid..
219
450
2
INDEX
sec.
WARRANTS :
Validation of, by counties, cities and towns, Chapter 108.
Hatincation of. bow obtained...
Exception as to incorporated cities.
Payment of, relative to diking districts.
Outstanding, relative to dlking districts.
Registratiou of, for constructing dikca.
l'ayment of, for constructiog dikes.
2
3
5
16
3
5
Pave
218
213
213
285
200
283
285
.
.
WABHINOTON, STATE OF_(see pages 116-110.203-217-287).
WATLR RIGHTS:
Appurtepant to lando, when.
10
117
WESTERN WASHINGTON HOAPITAL NR THE INSANE:
Appropriation for term ending March 31, 1907..
Appropriation for transportation of persons.
192
208
WHATCOX COUXTY:
Appropriation for State highway in....
(6)
22
WHATCON NORMAL ACAOOL. (at Bellingham)..
809
WHITE SHIELD Horror TACOXA :
Appropriation for benefit of ....
189
WITNCS8X8 :
Attendance of, in Railway Commission cases.
Fees of, in Rallway Commission cases...
samwoolng of, before State Tax Commission.
Misdemeanor of, perjury (see Tax Commission)
(b)
14
101
156
220
220
WILI.MS, JOBX:
Keliaquialment of lands for rellel of...
1 68
Y
Yarim COUNTY :
appropriation for State highway 10.....
. (6)
21
NOTE BY INDEXER :
House Bill No. 41, entitled, "An act to provide for the payment
of assessments against lots or tracts against which general tax
certificates of delinquency are bought to be foreclosed," was
passed by the House and sepate, but was vetoed by the Governor,
and died with the secretary of State with the reasons for such
veto attached thereto.
The above act was the only one returned to the Secretary's
odice with veto attached, and no section or portion of any one
of tbe 180 Acto covered in the foregoing pages were marken
vetoed, and witb the exception of House bill No. 41, are published
in Inll.
The title in Chapter 111, page 217, should read: "An act to
promote the apicultural (instend nt agricultural) Interestk." etc.
1
MEMORIALS AND RESOLUTIONS.
Pogo
870
879
380
RENATE JOIXT MEMORIALS:
No. 2. relative to Colville Indian Reservation.
No. 3. Improvement of Pend d'Oreille river..
No. 4, renting to Irrigable lands in Stevens county.
No. 6, Improvement of Upper Columbia river.
No. 6, Okanogao Irrigation project...
No. 7, commending Indian war veterans.
No. %, trail through Olympic Forest Reserve.
881
882
884
880
SENATE JOINT REROLI'TIONS:
No. 1, for proper control of railroads and common carrlers.
No. 2, to ald navigation in Columbia river.
887
887-8
IIOU8L MEMORIAL:
No. 1, to open portion of Qulnault Indian Reservation..
890
IT0t8 JOINT MEMORIAL:
No. 2, to encourage National (iood Roado Movement
891
.
*PR 21 1908
UNIVERSITY OF MICHIGAN
3 9015 07507 9635